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HomeMy WebLinkAboutR-10846 - Avila Ranch Community Facilities DistrictRESOLUTION NO. 10846 (2017 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, IN ITS CAPACITY AS LEGISLATIVE BODY OF THE AVILA RANCH COMMUNITY FACILITIES DISTRICT NO. 2017-1, CERTIFYING THE RESULTS OF THE OCTOBER 26, 2017 SPECIAL ELECTION OF THE DISTRICT, ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT, AND MAKING FINDINGS PURSUANT TO SECTION 53328 AND 53328.3 OF THE CALIFORNIA GOVERNMENT CODE WHEREAS, the City Council of the City of San Luis Obispo has established Avila Ranch Community Facilities District No. 2017-1 (the "District") pursuant to the Mello -Roos Community Facilities Act of 1982 (Section 53311 et seq. of the California Government Code) (the "Act"); and WHEREAS, by its Resolution No. 1844 (2017 Series,) the City Council, in its capacity as legislative body of the District, submitted the levy of a special tax and the establishment of an appropriations limit to the qualified electors of the District at a special election called for October 26, 2017 (the "Special Election"); and WHEREAS, the City Clerk of the City of San Luis Obispo, as elections official, distributed the ballots for the Special Election by personal service pursuant to Section 53326 of the Act, and WHEREAS, the City Clerk closed the Special Election after all qualified election voters cast their ballots; and WHEREAS, the canvassing board of the election, appointed by the City Clerk, canvassed the ballots cast in the Special Election and submitted the certificate of canvass which is attached hereto as Exhibit "A" and incorporated herein by reference. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN ITS CAPACITY AS LEGISLATIVE BODY OF AVILA RANCH COMMUNITY FACILITIES DISTRICT NO. 2017-1, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The recitals stated above are true and correct. SECTION 2. The City Council certifies that the qualified electors of the District unanimously approved the special tax submitted to the electorate at the October 26, 2017 Special Election for Avila Ranch Community Facilities District No. 2017-1. SECTION 3. An appropriations limit, pursuant to Article XIIIB, Section 8(h) of the California Constitution, is hereby established for the District at $3,000,000. Such limit shall be Resolution No. 10846 (2017 Series) Page 2 adjusted for changes in the cost of living, or changes in population, pursuant to Section 53325.7 of the Act. SECTION 4. Pursuant to Section 53328 and 53328.3 of the Act, the City Council determines that the requisite two-thirds of votes cast in the Special Election were in favor of levying the Special Tax, and orders the City Clerk to record the notice of special tax lien provided for in Section 3114.5 of the California Streets and Highways Code, whereupon the lien of the special tax shall attach as provided in Section 3115.5 of the Streets and Highways Code. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. Upon motion of Vice Mayor Rivoire, seconded by Council Member Christianson, and on the following roll call vote: AYES: Council Member Christianson, Gomez and Pease Vice Mayor Rivoire and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 7th day of Nov 7:n Ma or H idi Harmo ATTEST: Carrie Gallagher, City Clerk APPROVED AS TCL.FORM: istine Dietrick, City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this 2dA day of 17eWAX4eA , a,o I -::� . Carrie Gallagher, City Clerk EXHIBIT A Certificate of City Clerk Canvass and Statement of Results of Election City of San Luis Obispo AVILA RANCH COMMUNITY FACILITIES DISTRICT NO. 2017-1 I, Carrie Gallagher, City Clerk of the City of San Luis Obispo (the City) hereby certify: I have personally received and assembled all ballots eligible to be cast in the special ballot landowner election called by the City Council in its "RESOLUTION ESTABLISHING AVILA RANCH COMMUNITY FACILITIES DISTRICT N0, 2017-1 PURSUANT TO THE MELLO- ROOS COMMUNITY FACILITIES ACT OF 1982 AND, IN ITS CAPACITY AS LEGISLATIVE BODY OF SUCH DISTRICT, SUBMITTING THE LEVY OF A SPECIAL TAX AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT TO THE ELECTORS OF THE DISTRICT adopted October 24, 2017 and in accordance with my instructions contained in that Resolution, I hereby declare the election closed. I personally, in the presence of the City Council, members of the public, and City staff, counted the ballots and certify the result of that count to be as follows: TOTAL VOTES THAT COULD BE CAST: 152 TOTAL VOTES CAST: 152 TOTAL VOTES CAST "NO": 0 TOTAL VOTES CAST "YES": 152 THE VOTES CAST "YES" EQUAL 100 PERCENT OF THE TOTAL VOTES CAST. I make this Certification on November 7, 2017. LZ Carrie Gallagher City Clerk of the City of San Luis Obispo CITY OF SAN LUIS OBISPO Avila Ranch Community Facilities District No. 1-2017 (Services) SPECIAL TAX ELECTION OFFICIAL BALLOT This ballot is for a special, landowner voter election. You must return this ballot to the office of the City Clerk of the City of San Luis Obispo no later than the hour of 5:00 p.m. on October 26, 2017, either by mail or in person. The Clerk's office is located at 990 Palm Drive San Luis Obispo, CA. To vote, mark a cross (X) on the voting line after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of San Luis Obispo and obtain another. BALLOT MEASURE: Shall a special tax, as specified in the Rate and Method of Apportionment on file with the City Clerk, payable solely by parcels within the boundaries of Avila Ranch Community Facilities District No. 2017-1, as determined by the map on file with the City Clerk, be levied annually, commencing in fiscal year 2018-19? The property that is the subject of this Ballot is identified as Avila Ranch, County Assessor Parcel Number: 053-259-004 Acreage: 10.02 Number of votes: 11 (one vote per acre, rounded up) YES: NO: The name of the landowner voter of record of such property and the signor of the Ballot is Andy Pl ari�aii,p,..as signed below: Address: rs 17 CITY OF SAN LUIS OBISPO Avila Ranch Community Facilities District No. 1-2017 (Services) SPECIAL TAX ELECTION OFFICIAL BALLOT This ballot is for a special, landowner voter election. You must return this ballot to the office of the City Clerk of the City of San Luis Obispo no later than the hour of 5:00 p.m. on October 26, 2017, either by mail or in person. The Clerk's office is located at 990 Palm Drive San Luis Obispo, CA. To vote, mark a cross (X) on the voting line after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of San Luis Obispo and obtain another. BALLOT MEASURE: Shall a special tax, as specified in the Rate and Method of Apportionment on file with the City Clerk, payable solely by parcels within the boundaries of Avila Ranch Community Facilities District No_ 2017-1, as determined by the map on file with the City Clerk, be levied annually, commencing in fiscal year 2018-19? YES: NO: The property that is the The names of the landowners of record of such subject of this Ballot is property and the signor of the Ballot are: 1)Frank identified as Avila Ranch, Avila, 2) Joseph (Tony) Gardner, and 3) Brian J. County Assessor Parcel Serpa, as signed below: Numbers: 1. 053-259-005 Acreage: 20.20 and 053-259-006 Acreage: 119.74 Number of votes: 141 (one vote per acre, rounded up) Address: 2. Addrdss: -` V' ,AAV , CA 3. Address: CITY OF SAN LUIS OBISPO Avila Ranch Community Facilities District No. 1-2017 (Services) SPECIAL TAX ELECTION OFFICIAL BALLOT This ballot is for a special, landowner voter election. You must return this ballot to the office of the City Clerk of the City of San Luis Obispo no later than the hour of 5:00 p.m. on October 26, 2017, either by mail or in person. The Clerk's office is located at 990 Palm Drive San Luis Obispo, CA. To vote, mark a cross (X) on the voting line after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of San Luis Obispo and obtain another. BALLOT MEASURE: Shall a special tax, as specified in the Rate and Method of Apportionment on file with the City Clerk, payable solely by parcels within the boundaries of Avila Ranch Community Facilities District No. 2017-1, as determined by the map on file with the City Clerk, be levied annually, commencing in fiscal year 2018-19? The property that is the subject of this Ballot is identified as Avila Ranch, County Assessor Parcel Numbers: 053-259-005 Acreage: 20.20 and 053-259-006 Acreage: 119.74 Number of votes: 141 (one vote per acre, rounded up) YES: NO: The names of the landowners of record of such property and the signor of the Ballot are: 1)Frank Avila, 2) Joseph (Tony) Gardner, and 3) Brian J. Serpa, as signed below: Address: `1 'T Q 2. Address: 3. Address: CITY OF SAN LUIS OBISPO Avila Ranch Community Facilities District No. 1-2017 (Services) SPECIAL TAX ELECTION OFFICIAL BALLOT This ballot is for a special, landowner' voter election. You must return this ballot to the office of the City Clerk of the City of San Luis Obispono later than the hour of 5:00 p.m. on October 26, 2017, either by mail or in person. The Clerk's office is located at 990 Palm Drive San Luis Obispo, CA. To vote, mark a cross (X) on the voting line after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of San Luis Obispo and obtain another. BALLOT MEASURE: Shall a special tax, as specified in the Rate and Method of Apportionment on file with the City Clerk, payable solely by parcels within the boundaries of Avila Ranch Community Facilities District No. 2017-1, as determined by the map on file with the City Clerk, be levied annually, commencing infiscal year 2018-19? The property that is the subject of this Ballot is identified as Avila Ranch, County Assessor Parcel Numbers: 053-259-005 Acreage: 20.20 and 053-259-006 Acreage: 119.74 YES: - T NO: The names of the, landowners of record 'of such property and the signor of the Ballot are: 1)Frank Avila, 2) Joseph (Tony) Garner, and 3) Brian J. Serpa; as signed below: Address: 4 Number of votes: 141 (one Address: vote per acre, rounded up) 5AA) J Q .s i 1 z WAIVER A.ND- CONSENT by owner of property, proposed to be included in CITY OF SAN LUIS OBISPO AVILA.RANCH COMMUNITY FACILITIES DISTRICT NO. 2017-1 regarding time limits and procedural requirements with respect to a special landowner election Pursuant to Government Code sections 533216 and 53327, which al:low_any time limit or requirement pertaining to the -conduct of a landowner election held under the authority of the Mello -boos Community Facilities Act of 1982 (Gov. Code sections 53311 et seq., the "Act"), to be waived with the unanimous waiver and consent of landowners, the undersigned legal entity ('Landowner") hereby declares as follows: 1. {ownership. Landowner is the owner of the real property described in Exhibit, A, attached hereto and incorporated herein by reference, by San Luis Obispo County Assessor`s Parcel Number 053-259-004(the "Real Property"), which is proposed to be included in a community facilities district (the "CFD") to be formed by the City of San Luis Obispo (the "city" 2. Adequate Tkie. Landowner acknowledges that the City Council of the City will call a special landowner election ("Election") for the CFD to approve a special tax ("Special Tax Measure"). Landowner will have had sufficient time to consider and reflect on Landowner's vote in the Election. 3. Election. Landowner waives all time limits applicable to the conduct of the Election; including, but not limited to, the Government Code section 53326 ,requirement that a special election be held at least 90, but not more than 180 days following the adoption of the resolution calling the election. 4. Pre -Election Requirement _ Landowner waives all pre-election requirements; including, but not limited to the Government Code section 53.327 voter information requirement that the City prepare and deliver" an impartial analysis, arguments, and rebuttals relating to the Special Tax Measure. 5. Notice. Landowner waives all notice requirements with respect to the Election, whether published, mailed, or otherwise provided, and whether contained in the Government Code, Elections Code, Streets :& Highways Code, or elsewhere_ 6. Tabulating Ballots. Landowner hereby consents to the election official's unsealing and tabulating of the Landowner's ballot upon its receipt and waives any rights Landowner may:have related to concealment of the ballot. 7. Designation of Authorized Re . Landowner hereby designates Avila Ranch LLC as its authorized representative foti the purpose of voting its interests, at the Election. 182821.1 Exhlbh A (Legal Description of Real Property) Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: PARCEL A: (A.P.N.: 053-259004) PARCEL 2 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. COAL 01-0097, RECORDED APRIL g, 2003 AS INSTRUMENT NO. 2003-035673 OF OFFICIAL RECORDS; MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THE REAL PROPERTY LOCATED IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, BEING A PORTION OF THE PARCEL DESCRIBED IN DOCUMENT NO. 2000-070932 ANDA PORTION OF THE PARCEL DESCRIBED IN DOCUMENT NO..2000-070933 SHOWN ON THE MAP RECORDED :IN BOOK 81 OF RECORD OF SURVEY'S, PAGE .32 :IN THE .OFFICE OFTHE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERN CORNER OF THE PARCEL DESCRIBED IN DOCUMENT 'NO. 20N1 070931 OF Of -FICIAL RECORDS AS SHOWWON SAID MAP, SAID CORNER ALSO BEING A POINT ON THE CENTERLINE OF VACHELL LANE AS SHOWN ON SAID MAP; THENCE IN A SOUTHERN DIRECTION ALONG THE WESTERN LINE OF SAID PARCEL AND SAID CENTERLINE, SOUTH 00° 00" 11 WEST, 666.37 FEET TO THE MOST WESTERN CORNER COMMON TO SAID PARCEL-ANDTHE PARCEL DESCRIBED IN DOCUMENT NO. 2000-070930 OF OFFICIAL RECORDS AS SHOWN ON SAID MAP, SAID COMMON CORNER ALSO BEING ON SAID CENTERLINE OFV'ACH'ELL LANE, THENCE LEAVING SAID COMMON1 CORNER AND WD POINT ON SAID CENTERLINE IN AN EASTERN DIRECTION. ALONG THE LIFE CONMMEW TO SAID PARCELS AS SHOWN ON. SAID KAP, NORTH 890 56'56" EAST, 662.06 FEET TO THE MOST EASTERN CORNER COMMON TO SAID PARCELS, SAID COMMON CORNER ALSO BEING ON A LINE OF THE PARCEL OF LAND DESCRIBED IN DOCUMENT NO. 2000-0.70932 OF OFFICIAL RECORDS.AND'WITNESSED BY A 5J8" REBAR AND'CAP RCE 12545 AS SHOW. T4 ON SAID MAP., SAID COMMON CORNER ON SAID LINE ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING IN AN EASTERN DIRECTION NORTH 8'90 58' S5" EAST, 6160.52 FEET TO A POINT ON A LINE COMMON TO SAID PARCEL DESCRIBED IN DOCUMENT NO. 2000-070932 OF OFFICIA't RECORDS AND THE ,PARCEL 'DESCRIBED IN DOCUMENT NO. 20022-070933 Of OFFICIAL RECORDS AS SHOWN ON SAID MAP, SAID POINT BEING SOUTH 0° 08'06" WEST, 666.27 FEET FROM THE MOST NORTHERN CORNER COMMON TO SAID PARCELS AND BEING WITNESSED BY 5/'8 REBAR AND CAP' RCE 12545 AS SHOWN ON SAID MAP; THENCE CONTINUING I.N AN, EASTERN DIRECTION NORTH 890 56'56- EAST, IS3.40 FEET; THENCE IN A SOUTHERN DIRECTION THE FOLLOWING COURSES AND DISTANCES: SOUTH 000 00'000 EAST, 470.92 FEET; SOUTH 410 55'49" WEST, 63,87 FEET; THENCE IN, A WESTERNN, DIRECTIONS NORTH 90° 00'00" WEST, 801.27 FEET TO POINT ON A LINE COMMON TO SAID PARCEL DESCRIBED IN DOCUMENT NO. 2000-070930 OF OFFICIAL RECORDS AND SAID PARCEL DESCRIBED IN DOCUMENT NO. 2000-070932 OF OFFICIAL RECORDS AS SHOWN ON SAID MAP; THENCE IN A NORTHERN DIRECf'ION ALONG SAID COMMON 'LINE, 'NORTH 000 00' 11°' EAST, 518.07 FEET TO THE TRUE POINT OF BEGINNING. 182821_1 PARCEL A -I AWEASEMENT FOR ACCESS OVER THE NORTHERLY 30 FEET OF PARCEL 1, AS SAID. PARCELS ARE SHOWN DESCRIBED IN CERTIFICATES OF -COMPLIANCES RECORD NOVEMBER 29, 2000 AS INSTRUMENT NOS. 2000-070930 AND 070431': OF OFFI'CI'AL' .RECORDS. 237MI7.I 1'&2,82,1 - t. The mailing -address of the designated representative is 3596 Broad Street, Suite 104, ;San Luis Obispo Ca 9:3401. 8. Fonnation P.roctss. Landowner waives, any and all claims based on, and -hereby consents to, any error, irregularity, or departure -ftcm the,.provisions of -the Act, and any and all laws incorporated therein, in the formation process and acknowledges that the formation of the CFD is valid and shall not be affected by any such error, irregularity, or departure. The person exeettting this Waiver and Consent on behalf of the Landowner hereby certifies that he or she is authorized to execute this document on behalf ofthat legal entity, I affirm under penalty of perjury under the laws of the State of California that the foregoing is true and correct_ Executed on Octolvr A, 2017, at Sari Luis Obispo, California LANDOWNER: AVILA f 14k 'f f, LLC B-) Andrew LYMang44o, Managing Memoir 192921.1 WAIVER AND CONSENT by owner of property proposed to be included in CITY OF SAN LUIS OBISPO AVILA RANCH COMMUNITY FACILITIES DISTRICT NO. 2017-1 regarding time limits and procedural requirements with respect to a special landowner election Pursuant to Government Code sections 53326 and 53327, which allow any time limit or requirement pertaining to the conduct of landowner election held under the authority of the Mello -Roos Community Facilities Act of 1982 (Gov. Code sections 53311 et seq., the: "Act"), to be waived with the unanimous waiver and consent of landowners, the undersigned legal entity ("Landowner") hereby declares as follows: Ownershim Landowner is the owner of the real property described in Ex i it attached hereto and incorporated herein by reference, by San Luis Obispo County Assessor's Parcel Numbers 053-259-005 and 053-259-006 (the "Real Property"), which is proposed to be included in a community facilities district (the "CFD") to be formed by the City of San Luis Obispo (the "City"). 2. Acieinate Time. Landowner acknowledges that the City Council of'the City will call a special landowner election ("Election") for the CFD to approve ;special tax ("Special Tax Measure"). Landowner will have had sufficient tilt3c to consider and reflect on Landowner's vote in the Election. 3. Election. Landowner waives all time limits applicable to the conduct of the Election; including, but not limited to, the Government Code section 53326 requirement that a special election be held at least 90, but not more than 180 days following the adoption of the resolution calling the election. 4. Pre -Election Reguiremepts. Landowner waives all pre-election requirements, including, but not limited to the Government Code section 53327 voter information requirement that the City prepare and deliver an impartial analysis, arguments, and rebuttals relating to the Special Tax Measure. 5. Notice. Landowner waives all notice requirements with respect to the Election, whether published, trailed, or otherwise provided, and whether contained in the Government Code, Elections Code, Streets & Highways Code, or elsewhere. 6. Tabulating Ballots. Landowner hereby consents to the election official's unsealing and tabulating of the Landowner's ballot upon its receipt and waives any rights Landowner may have related to concealment of the ballot, 7. Designation of Authorized Repreggatati�ve. Landowner hereby designates Avila Ranch LLC as its authorized representative for the purpose of voting its interests at the Election. i 8282 1.1 The mailing address of the designated representative is 3596 Broad Street, Suite 104, San Luis Obispo Ca 93401. 8. Forniation�Proce;ss. landowner waives any and all claims based on, and hereby consents to, any errur, irregularity, or departure fi om tie provisions of the Act. and any and all laws incorporated therein, in [lie formatlolt 15rocess and acknowledges that the Formation of the CFE) is valid and shall 'lot be affected Ely any such error, irregularity, or departure. The person executing this Waiver and Consent on behalf of the Landowner hereby certifies that he or she is authorized to execute this document on behalf of that legal entity. I affirm under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October �, 2017, at SAn Ly i•� Ip►� t7, California LANDOWNER: AVILA FAMILY SANTA FE RANCH, LLC By: Frank vita, Chief Executive Officer Joseph (Tony) Gardner, Chief Operating Officer Brian J. Serpa, Chief Financial Officer Exhibit A (Legal Description of Real Property) Real property In the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: PARCEL B:(APN: 053-259-005) PARCEL 1 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. COAL 01-0097, RECORDED APRIL 9, 2003 AS INSTRUMENT NO. 2003-035672 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THE REAL PROPERTY LOCATED IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, BEING A PORTION OF THE PARCEL DESCRIBED IN DOCUMENT NO. 2000-070932 AND A PORTION OF THE PARCEL DESCRIBED IN DOCUMENT NO. 2000-070933 OF OFFICIAL RECORDS SHOWN ON THE MAP RECORDED IN BOOK 81 OF RECORD OF SURVEYS, PAGE 32, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERN CORNER OF THE PARCEL DESCRIBED IN DOCUMENT NO. 2000-070931 OF OFFICIAL RECORDS AS SHOWN ON SAID MAP, SAID CORNER ALSO BEING A POINT ON THE CENTERLINE OF VACHELL LANE AS SHOWN ON SAID MAP; THENCE IN A SOUTHERN DIRECTION ALONG THE WESTERN LINE OF SAID PARCEL AND SAID CENTERLINE, SOUTH 00° 00' 11" WEST, 666.37 FEET TO THE MOST WESTERN CORNER COMMON TO SAID PARCEL AND THE PARCEL DESCRIBED IN DOCUMENT NO. 2000-070930 OF OFFICIAL RECORDS AS SHOWN ON SAID MAP, SAID COMMON CORNER ALSO BEING ON SAID CENTERLINE OF VACHELL LANE; THENCE LEAVING SAID COMMON CORNER AND SAID POINT ON SAID CENTERLINE IN AN EASTERN DIRECTION ALONG THE LINE COMMON TO SAID PARCELS AS SHOWN ON SAID MAP, NORTH 89° 56' 56" EAST, 662.06 FEET TO THE MOST EASTERN CORNER COMMON TO SAID PARCELS, SAID COMMON CORNER ALSO BEING ON A LINE OF THE PARCEL OF LAND DESCRIBED IN DOCUMENT NO, 2000-070932 OF OFFICIAL RECORDS AND WITNESSED BY A 5/8" REBAR AND CAP RCE 12545 AS SHOWN ON SAID MAP; THENCE CONTINUING IN AN EASTERN DIRECTION NORTH 890 58' 55" EAST, 660.52 FEET TO A POINT ON THE LINE COMMON TO SAID PARCEL OF LAND AND THE PARCEL DESCRIBED IN DOCUMENT NO. 2000-070933 OF OFFICIAL RECORDS AS SHOWN ON SAID MAP, SAID POINT BEING SOUTH 00 08'06" WEST, 666.27 FEET FROM THE MOST NORTHERN CORNER COMMON TO SAID PARCELS AND BEING WITNESSED BY 5/8" REBAR AND CAP RCE 12545 AS SHOWN ON SAID MAP; THENCE CONTINUING IN AN EASTERN DIRECTION NORTH 89° 56' 56" EAST, 183.40 FEET; THENCE IN A SOUTHERN DIRECTION THE FOLLOWING COURSES AND DISTANCES: SOUTH 00° 00' 00" EAST, 470.92 FEET; SOUTH 41° 55'49" WEST, 63.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING IN A SOUTHERN DIRECTION THE FOLLOWING COURSES AND DISTANCES: SOUTH 10° 13' 54" WEST, 296.48 FEET; SOUTH 510 47'47" WEST, 246.34 FEET; SOUTH 370 32'27" WEST, 206.28 FEET; SOUTH 550 33' 57" WEST, 321.08 FEET; SOUTH 750 54' 21" WEST, 103.88 FEET TO A POINT ON THE SOUTHERN LINE OF PARCEL DESCRIBED IN DOCUMENT NO. 2000-070932 AS SHOWN ON SAID MAP, SAID POINT ALSO 182821 1 BEING ON THE CENTERLINE OF BUCKLEY ROAD; THENCE IN A WESTERN DIRECTION ALONG SAID SOUTHERN LINE AND SAID CENTERLINE, SOUTH 890 56' 32" WEST, 725.86 FEET TO THE SOUTHWESTERN CORNER OF SAID PARCEL, SAID CORNER ALSO BEING THE CENTERLINE INTERSECTION POINT OF SAID VACHELL LANEAND BUCKLEY ROAD AND WITNESSED BY A 5/8" REBAR AND CAP RCE 12545 AS SHOWN ON SAID MAP; THENCE LEAVING SAID SOUTHERN LINE AND SAID CENTERLINE INTERSECTION POINT IN A NORTHERN DIRECTION ALONG THE WESTERN LINE OF SAID PARCEL AND SAID CENTERLINE OF VACHELL LANE, NORTH 00° 00'10" EAST, 666.37 FEET TO THE MOST WESTERN CORNER COMMON WITH SAID PARCEL DESCRIBED IN DOCUMENT NO. 2000-070930 AS SHOWN ON SAID MAP, SAID COMMON CORNER ALSO BEING ON SAID CENTERLINE OF VACHELL LANE; THENCE LEAVING SAID COMMON CORNER ON SAID CENTERLINE IN AN EASTERN DIRECTION ALONG A LINE COMMON TO SAID PARCELS, NORTH 89° 5551" EAST, 662.06 FEET TO THE SOUTHEASTERN CORNER OF SAID PARCEL DESCRIBED IN DOCUMENT NO. 2000-070930 AS SHOWN ON SAID MAP, SAID CORNER BEING COMMON WITH A CORNER OF THE PARCEL OF LAND DESCRIBED IN DOCUMENT NO. 2000-070932 AND WITNESSED BY A 5/8" REBAR AND CAP RCE 12545 AS SHOWN ON SAID MAP; THENCE LEAVING SAID COMMON CORNER IN A NORTHERN DIRECTION ALONG A LINE COMMON TO SAID PARCELS, NORTH 000 00' 11" EAST, 148.09 FEET TO A POINT, SAID POINT BEING SOUTH 000 00' 11" WEST, 518.07 FEET FROM THE MOST EASTERN CORNER COMMON TO SAID PARCELS DESCRIBED IN DOCUMENT NO. 2000-070930 AND DOCUMENT NO. 2000- 070931 AS SHOWN ON SAID MAP, SAID COMMON CORNER ALSO BEING ON A LINE OF THE PARCEL OF LAND DESCRIBED IN DOCUMENT NO. 2000-070932 AND WITNESSED BY 5/8" REBAR AND CAP RCE 12545 AS SHOWN ON SAID MAP; THENCE LEAVING SAID COMMON LINE OF SAID PARCELS, NORTH 90° 00'00" EAST, 801.27 FEET TO THE TRUE POINT OF BEGINNING. PARCEL C:(APN: 053-259-006) PARCEL 4 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO, COAL 01-0097, RECORDED APRIL 9, 2003 AS INSTRUMENT NO. 2003-035675 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THE REAL PROPERTY LOCATED IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA BEING A PORTION OF THE PARCEL DESCRIBED IN INSTRUMENT NO. 2000-70932 AND A PORTION OF THE PARCEL DESCRIBED IN DOCUMENT NO. 2000-70933 AS SHOWN ON A MAP RECORDED IN BOOK 81 OF RECORDS OF SURVEY AT PAGE 32 IN THE OFFICE OF THE COUNTY CLERK/RECORDER OF SAID COUNTY, AND LOT 27 AND LOT 28 OF THE HARFORD'S AND CHAPMAN'S SUBDIVISION AS SHOWN ON A MAP RECORDED IN BOOK 76 OF RECORDS OF SURVEY PAGE 06 IN THE OFFICE OF THE COUNTY CLERK/RECORDER OF SAID COUNTY; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERN CORNER OF THE PARCEL DESCRIBED IN DOCUMENT NO. 2000-70931 AS SHOWN ON THE MAP RECORDED IN BOOK 81 OF RECORDS OF SURVEY AT PAGE 32 IN THE OFFICE OF COUNTY CLERK/RECORDER OF SAID COUNTY, SAID CORNER ALSO BEING A POINT ON THE CENTERLINE OF VACHELL LANE AS SHOWN ON SAID MAP; THENCE IN AN EASTERN DIRECTION ALONG THE NORTHERN LINE OF SAID PARCEL THE FOLLOWING COURSES AND DISTANCES: N89058'01"E, 562.91 FEET; N89158'01"E, 99.15 FEET TO THE MOST NORTHERN CORNER COMMON TO SAID PARCEL AND THE PARCEL OF LAND DESCRIBED IN DOCUMENT NO. 2000-70932 AND WITNESSED BY A 5/8" REBAR AND CAP RCE 12545 AS SHOWN ON SAID MAP; THENCE CONTINUING IN AN EASTERN DIRECTION ALONG THE NORTHERN LINE OF SAID PARCEL DESCRIBED IN DOCUMENT NO. 2000-70932 AS SHOWN ON SAID MAP THE FOLLOWING COURSES AND DISTANCES: N89058'01"E, 422.12 FEET; N89059'00"E, 239.94 FEET TO THE MOST NORTHERN CORNER COMMON TO SAID PARCEL AND THE PARCEL. OF LAND DESCRIBED IN DOCUMENT NO. 2000-70933 AND WITNESSED BY A 5/8" REBAR AND CAP RCE 12545 AS SHOWN ON SAID MAP, SAID COMMON POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERN LINE IN A SOUTHERN DIRECTION ALONG A LINE COMMON TO SAID PARCELS, S00°08'06"W, 666.27 FEET TO A POINT, THENCE LEAVING SAID COMMON LINE IN AN EASTERN DIRECTION N89°56'56"E 183.40 FEET; THENCE IN A SOUTHERN DIRECTION THE FOLLOWING COURSES AND DISTANCES: S00000'00"E, 470.92 FEET; 541°55'49"W, 63.87 FEET; S10013'54"W, 296.48 FEET; S51°47'47"W, 246.34 FEET, S37032'27"W, 206.28 FEET; S55033'57"W, 321.08 FEET; S75054'21"W, 103.88 FEET TO A POINT ON THE SOUTHERN LINE OF THE PARCEL DESCRIBED IN DOCUMENT NO. 2000-70932 AS SHOWN ON SAID MAP, SAID POINT ALSO BEING ON THE CENTERLINE OF BUCKLEY ROAD; THENCE IN A EASTERN DIRECTION ALONG SAID SOUTHERN LINE AND SAID CENTERLINE N89056'32"E, 1913,13 FEET TO THE SOUTHEASTERN CORNLi,' OF SAID PARCEL DESCRIBED IN DOCUMENT NO. 2000-70933 AND WITNESSED BY A 5/8" RFBAR AND CAP RCE 12545 A5 SHOWN ON SAID MAP, SAID CORNER ALSO BEING COMMON WITH THE SOUTHWESTERN CORNER OF LOT 28 OF THE HARFORD'S AND CHAPMAN'S SUBDIVISION AND ON THE CENTERLINE OF BUCKLEY ROAD AS SHOWN ON THE MAP RECORDED IN BOOK 76 OF RECORDS OF SURVEY AT PAGE 06 IN THE OFFICE OF COUNTY CLERK/RECORDER; THENCE CONTINUING IN AN EASTERN DIRECTION ALONG THE SOUTHERN LINE OF SAID LOT 28 AND SAID CENTERLINE OF BUCKLEY ROAD, N59°56'15"E, 1338.18 FEET TO THE SOUTHEASTERN CORNER OF SAID LOT 28 ON SAID CENTERLINE OF BUCKLEY ROAD AS SHOWN ON SAID MAP; THENCE LEAVING SAID SOUTHERN LINE OF LOT 28 AND SAID CEN'iERLINE OF BUCKLEY ROAD IN A NORTHERN DIRECTION ALONG THE EASTERN LINE OF LOT 28 AS SHOWN ON SAID MAP THE FOLLOWING COURSES AND DISTANCES: N00007'52"W, 679.75 FEET; N00007'50"W, 659.36 FEET TO THE MOST EASTERN CORNER COMMON TO SAID LOT 28 AND LOT 27 OF HARFORD'S AND CHAPMAN'S SUBDIVISION AS SHOWN ON SAID MAP; THENCE CONTINUING IN A NORTHERN DIRECTION ALONG THE EASTERN LINE OF LOT 27 AS SHOWN ON SAID MAP N00008'28"W, 659.15 FEET TO THE NORTHEASTERN CORNER OF LOT 27 AND WITNESSED BY 1-1/4" IRON PIPE LS 3877 AS SHOWN ON SAID MAP; THENCE LEAVING SAID EASTERN LINE OF LOT 27 IN WESTERN DIRECTION ALONG THE NORTHERN LINE OF LOT 27 AND THE NORTHERN LINE OF SAID PARCEL OF LAND DESCRIBED IN DOCUMENT NO. 2000-70933 AS SHOWN ON THE MAP RECORDED IN BOOK 81 OF RECORDS OF SURVEY AT PAGE 32 IN THE OFFICE OF COUNTY CLERK/RECORDED OF SAID COUNTY THE FOLLOWING COURSES AND DISTANCES: S89057'07"W, 908.62 FEET; S89056'55"W, 54.74 FEET; S89°56'55"W, 268.94 FEET; 589055'27"W, 323.68 FEET; S89054'15"W, 323.27 FEET; S891,59'01"W, 324.32 FEET; S89055'42"W, 323.55 FEET; S89059'00"W, 84.04 FEET TO THE TRUE POINT OF BEGINNING. 2871020.1 The mailing address of the designated representative is 3596 Broad Street, Suite 104, San Luis Obispo Ca 93401. 8. Fvrination Process. ;Landownerwaivasanly;andahkel is;based�,=,and:hereby consents im any,eww, W-xegufanity„ :czar,deparcu�ue from the pFovieiiaans ,0f the Act, and any .,Md atl laws incorporated therein, in the formation process and acknowledges that the formation of the CFD is valid and shall not be affected by any such error, irregularity, or departure. The pkeusen-executing this 'Wajverand'.0 onsent:on;behWf,afthe Landowner hereby .eerft that I►e nor she :is ,auNhorized cto exeoute t W - oou meet .on ;behalf ol'ttiat tegaI onU.ty. 1 affirm under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October g, 2017, at SAtJ J a S 6- 'C:au m¢tia LANDOWNER: AVILA FAMILY:SANTA FE RANCH. LLC By: Frank J. Avila. Chief Exocutive Officer By: Joseph (Tony) Gardner, Chief L31�ui tear ay: I3rian Chfief F .pari .. EOIJ iGnr The mailing address of the designated representative is 3596 Broad Street, Suite 104, San Luis Obispo Ca 93401. 8. Formation Process. Landowner waives any and all claims based on, and hereby consents to, any error, irregularity, or departure from the provisions of the Act, and any and all laws incorporated therein, in the formation process and acknowledges that the formation of the CFD is valid and shall not be affected by any such error, irregularity, or departure. The person executing this Waiver and Consent on behalf of the Landowner hereby certifies that he or she is authorized to execute this document on behalf of that legal entity I affinn under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October+ 2017, at California LANDOWNER: AVILA FAMILY SANTA FE RANCH LLC By: _ Frank J. Avila, Chief Executive Officer � o. By; "perating rdner, fficer By . Brian J. Serpa, Chief Financial Officer 1.8282 l_]