HomeMy WebLinkAbout0020_3_CFD 2015-2 Exhibit B Waiver and BallotCITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-2
(MAINTENANCE SERVICES)
WAIVER AND ACKNOWLEDGMENT
THIS WAIVER AND ACKNOWLEDGMENT ("Waiver") is made this 141 day of
April, 2016 by California Gold Development Corp, a California corporation, ("Owner") to and
for the benefit of the City Council of the City of Lake Elsinore ("City") acting as the legislative
body of Community Facilities District No. 2015-2 (Maintenance Services) ("CFD No. 2015-2").
RECITALS
WHEREAS, on July 28, 2015, the City Council of the City of Lake Elsinore adopted
Resolution No. 2015-066, ("Resolution of Intention") (i) declaring its intention to establish CFD
No. 2015-2 pursuant to the Mello -Roos Community Facilities Act of 1982 ("Act"), commencing
with Section 53311 of the California Government Code ("Gov't Code"), (ii) proposing to levy a
special taxes within CFD No. 2015-2 pursuant to the terms of the Act to fund the cost of
providing certain maintenance services ("Maintenance Services"), and (iii) calling a public
hearing on the establishment of CFD No. 2015-2; and
WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public
hearing was convened by the City Council on September 22, 2015 relative to the establishment
of CFD No. 2015-2; and
WHEREAS, at the hearing, the testimony of all interested persons desiring to be heard
on the establishment of CFD No. 2015-2, the furnishing of specified types of services as listed in
the report prepared and filed with the City Council pursuant to Gov't Code Section 53321.5, the
proposed special tax, the establishment of an appropriations limit for CFD No. 2015-2, or any
other matters set forth in the Resolution of Intention were heard and a full and fair hearing was
conducted thereon and no written protests were filed by Owner as the sole property owner of the
area of land in the territory proposed to be included in CFD No. 2015-2 and not exempt from the
special tax; and
WHEREAS, on the basis of all of the foregoing at the close of the public hearing on
September 22, 2105, the City Council adopted Resolution No. 2015-078 ("Resolution of
Formation") establishing CFD No. 2015-2 and submitting to the qualified electors of CFD No.
2015-2 the levy of the special tax therein and the establishment of an appropriations limit for
CFD No. 2015-2 ; and
WHEREAS, the Resolution of Formation called a special mailed -ballot election for
September 22, 2015 and the questions of whether to levy the special tax and set the
appropriations limit at the amount of special taxes collected was provided in a single ballot
measure pursuant to Section 53353.5 of the Gov't Code, as set forth in the form of special
election ballot attached to the Resolution of Formation as Exhibit C ("Special Tax Ballot"); and
WHEREAS, Owner is the owner of approximately 3.6 acres of land within the
boundaries of CFD No. 2015-2 and in that capacity (i) submitted a written instrument consenting
to the shortening of election time requirements, waiving analysis and arguments, and waiving all
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notice requirements relating to the conduct of the election and (ii) cast a Special Tax Ballot dated
as of September 3, 2015 which it mailed to the City Clerk for tabulation at the September 22,
2015 election; and
WHEREAS, the September 22, 2015 election was continued by the City Council prior to
the City Clerk tabulating the ballot and completing the Certificate of Election Results and
without adoption of a Resolution Declaring the Election Results; and
WHEREAS, Owner intended to mark the Special Tax Ballot "YES" in support of the
special tax levy and the appropriations limit in the amount of special taxes collected, but due
solely to a clerical error Owner inadvertently marked the Special Tax Ballot "NO" and desires to
substitute a corrected Special Tax Ballot voting "YES" to be tabulated at the continued election.
NOW, THEREFORE, the undersigned Owner on behalf of itself and its successors
and/or assigns, does hereby certify under penalty of perjury, that the following statements are all
true and correct:
1. Owner is now and was as of September 3, 2015 when the Special Tax Ballot was
cast the sole owner of that certain real property as described on the Special Tax Ballot as APN
377-120-002 (Por.) and APN 377-120-038 (Por.) within the original boundaries of CFD No.
2015-2 as established on September 22, 2015 and depicted in Attachment A attached hereto and
incorporated herein by this reference ("Owner's Property").
2. Owner certifies and declares that now and as of September 3, 2015 when the
Special Tax Ballot was cast desires to vote "YES" to the Special Tax Ballot Measure and
certifies and declares that the original ballot was mistakenly marked "NO" and that mistake was
due solely to a clerical error and did not in any way reflect the true intention and desire of Owner
to support the Special Tax Ballot Measure.
3. Owner irrevocably requests that the original ballot erroneously mark "NO" which
was inadvertently and erroneously submitted to the City Clerk for the September 22, 2015
election be permanently destroyed ("Destruction Request").
4. Owner irrevocably requests that the corrected Special Tax Ballot marked "YES"
enclosed in the sealed envelope delivered with this Waiver, a true and accurate copy of which is
attached as Attachment B attached hereto and incorporated herein by this reference, be
substituted in its place nunc pro tunc to be canvassed and tabulated at the continued election to
be held on April 26, 2016 concluding the September 22, 2015 election proceedings
("Substitution Request").
5. In making the Destruction Request and the Substitution Request, the Owner, on
behalf of itself and its successor and/or assigns:
a. Voluntarily and knowingly waives all irregularities, procedural errors or
other defects in the formation of CFD No. 2015-2, the levy of special
taxes or the establishment of the appropriations limit;
b. Voluntarily and knowingly waives any protest, complaint, or legal action
of any nature whatsoever against the City, the District, or both of them,
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pertaining to the formation of CFD No. 2015-2, the levy of special taxes
or the establishment of the appropriations limit; and
C. Acknowledges and understands that the making of the Destruction
Request and Substitution Request and approval of the special tax levy on
an annual basis at the rates and apportioned as described in the Rate and
Method of Apportionment and the reports submitted to and adopted by the
City Council in the formation of CFD No. 2015-2 does not in any way
whatsoever absolve, terminate, extinguish, reduce, or otherwise modify
the obligations of Owner or any successor or assign of Owner, to comply
with all conditions of approval relative to the land use entitlements and
operation of Owner's business on Owner's Property and all applicable
land use, zoning and development regulations and standards required by
the City or any other public agency exercising jurisdiction over Owner's
Property and the business operations thereon.
6. The undersigned is a duly authorized representative of Owner and is legally
authorized to make the representations and the Destruction Request and the Substitution Request,
give the acknowledgements and the consents and provide the waivers contained herein on behalf
of the Owner.
This ACKNOWLEDGEMENT AND WAIVER was executed on the dates set forth
below.
Owner
CALIFORNIA GOLD DEVELOPMENT CORP., a California corporation
By:
Scot Patterson, President
Date: q qzt ' 1 6
Date:
91
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Tuolumne
On April 14, 2016
before me,
Elizabeth E. Tierney, Notary Public
(insert name and title of the officer)
personally appeared Scot Patterson
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/afe
subscribed to the within instrument and acknowledged to me that he/s-helth y executed the same in
his/,b.--+A-h& authorized capacity(ies); and that by his/ber4tl:�--i¢ signature( -*on the instrument the
personal, or the entity upon behalf of which the person() -acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Sign
ELIZABETH E. TIERNEY
Commission # 1979575
Notary Public - California
Tuolumne County
My Comm. Expires Ma 25, 2016
(Seal)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA
County of
On , before me, a
Notary Public, personally appeared who proved to me on
the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature of Notary
al
(Affix seal here)
ATTACHMENT A
Owner's Property
CFD No. 2015-2
[Attached]
PARCEL I:
THAT PORTION OF LOT 6 OF BLOCK A OF "SUBDIVISION IN ELSINORE", IN THE CITY OF LAKE
ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN BY A MAP ON FILE IN
BOOK 8 PAGE 377, OF MAPS, RECORDS OF SAN DIEGO COUNTY, ALSO BEING A PORTION OF
PARCEL 1 AND PARCEL 2 AS RECORDED IN INSTRUMENT NUMBER 2004-1022883 RECORDS OF
RIVERSIDE COUNTY AS SHOWN BY A MAP ON FILE IN BOOK 124 PAGE 60, OF RECORDS OF
SURVEY OF RIVERSIDE COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 6;
THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY RIGHT-OF-WAY OF COLLIER
AVENUE, 30.00 FOOT HALF -WIDTH, SOUTH 46° 14'57" EAST, A DISTANCE OF 620.31 TO A POINT
ON SAID SOUTHWESTERLY RIGHT-OF-WAY TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING SOUTHEASTERLY ON SAID RIGHT-OF-WAY SOUTH 460 14'57" EAST A DISTANCE
OF 370.06 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL 2 ALSO BEING THE MOST
EASTERLY CORNER OF THE NORTHWESTERLY RECTANGULAR HALF OF THE SOUTHEASTERLY
RECTANGULAR HALF OF SAID LOT 6, ALSO BEING A POINT ON THE CENTERLINE OF
INDUSTRIAL CENTER WAY AS SHOWN BY A MAP OF PARCEL MAP NUMBER 19335, FILED IN
BOOK 121 PAGE 32, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY;
THENCE SOUTHWESTERLY ALONG SAID CENTERLINE SOUTH 430 44'27" WEST A DISTANCE OF
423.67 FEET;
THENCE DEPARTING SAID CENTERLINE NORTHWESTERLY NORTH 460 14,571, WEST A
DISTANCE OF 370.06 FEET; THENCE NORTHEASTERLY NORTH 430 44'27" EAST A DISTANCE OF
423.67 FEET TO THE TRUE POINT OF BEGINNING.
(SAID LAND IS SHOWN AND DESCRIBED AS PARCEL 2 IN THAT CERTAIN NOTICE OF LOT LINE
ADJUSTMENT NO. 2014-2743, APPROVED BY THE CITY OF LAKE ELSINORE, RECORDED
FEBRUARY 5, 2015, AS INSTRUMENT NO. 2015-0045347 OF OFFICIAL RECORDS.)
PARCEL II:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS, AS DEFINED AND FURTHER
PROVIDED FOR IN THAT CERTAIN DOCUMENT ENTITLED RECIPROCAL EASEMENT
AGREEMENT, RECORDED FEBRUARY 18, 2015 AS INSTRUMENT NO. 2015-0064251 OF OFFICIAL
RECORDS.
APN:
377-120-002-6 (portion) and 377-120-038-9 (portion)
377-120-068-6 (New APN-not yet assessed)
Exhibit SHEET 1 OF 2
LOT LINE ADJUSTMENT No. 2014-2743
PLAT
I OWNERS EXISTING PARCEL
I ASSESSOR'S PARCELS PROPOSED
I PR REFERE CERCELS No. I
RKW R MLW ELSINORE
I RIVERSIDE DRIVE
--R/W—
-722.88'
R W N43°43'16"E 612.43' N43°43'16"E 682.75'
TPOB PARCEL 3 TPOB PARCEL 1--�
1 I PROPOSED
I 2 I LOT LINE
�—EXISTING LOT LINE 12 PARCEL 1
TO BE ADJUSTED AC
PROPOSED
LOT LINE
3 15
w 0 ^ I PARCEL 3 °� 06 1 1
4ACPROPOSED
0 Q I 1 ppb' p 10 LOT LINE
v v 1 eP�S �6 PROPOSED
0 N43°44'27"E
4 1 ti ��G. LOT LINE 423.67'
1 ¢ �n o°o a PROPOSED
0 � � o 01 TONG LOT BE
'b LOT LINE
0) I ��I ��, �p� pD TPOB PARCEL 2
u o l eP`�o°°,�1ti° O PARCEL 2
3 Q N N 1 PARCEL MAP 19335 �p`L qb'` N�6 PROPOSED 3.60AC
N ° z w w 1 PM 121/33 ��5 �F,G �5 `� LOT LINE
c^., U) w I N43 ° 44' 27"E
V- — N43°44'27"E 896.19' 423.67'
Z
5 6 PARCEL 3040-64A INDUSTRIAL CENTER WAY
RS 91/33
SOUTHEASTERLY DEED LINE 10/383
PROPERTY LINE DATA LEGEND:
@0 BEARING LENGTH POB .... POINT OF BEGINNING
1 N 01°35'38" E 133.14' TPOB...TRUE POINT OF BEGINNING
2 N 44°27'23" W 130.00'
3 N 42°41'20" W 330.38'
4 N 43'56'39" E 4.88'
5 N 43°45'35" E 162.09'
6 N 46°14'37" W 150.00'
7 N 46°14'57" W 370 06' '
L-
N0. 7394
Exp. 12/31/2015
SCALE. 1 -200
8
N
89°47'16"
E
57.81'
9
N
46°14'57"
W
370.06'
10
N
46°14'57"
W
262.56
RUDY E.Z
LS 7394
11
N
43°41'34"
E
299.01
FOR AND
N BEHALF OF
12
N
46°16'58"
W
357.75'
RENCIVIL
ENGINEERING
13
1 N
89°47'16"
E
40.13
JANUARY
12, 2015
ATTACHMENT B
True and Accurate Copy of Corrected Special Tax Ballot
[Attached]
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE,
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner:
Assessor's Parcel Number(s):
California Gold Development
377-120-002 (Por.) and 377-120-038 (Por.)
Attn: Ron Woodall or Scot Patterson
133 Old Wards Ferry Ste. G
Sonora, CA 95370
CITY OF LAKE ELSINORE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
AN "X" OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE
MARK "YES" OR "NO"
WITH AN "X":
Shall the City Council of the City of Lake Elsinore be authorized to levy a
special tax on an annual basis at the rates and apportioned as described in YES
Exhibit 2 to the Resolution Declaring its Intention to Establish Community
Facilities District No. 2015-2 (Maintenance Services) adopted by the City
Council on July 28, 2015 (the "Resolution"), which is incorporated herein by
this reference, within the territory identified on the map entitled "Proposed
Boundary Map Community Facilities District No. 2015-2 (Maintenance
Services) City of Lake Elsinore" to finance certain services as set forth in NO
Section 4 to the Resolution (including incidental expenses), and shall an
appropriation limit be established for the Community Facilities District No.
2015-2 (Maintenance Services) in the amount of special taxes collected?
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally
authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of thgStale of California that the foregoing is true
and correct and that this declaration is executed on t 2016.
California Gold Development Corp
A CA Corporation
Y'
Signature
Scot Patterson
Print Name
President
Title
X