HomeMy WebLinkAboutApplicant Consent FormWAIVER AND CONSENT
by owner of property proposed to be included in
CITY OF SAN'LUIS OBISPO,
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (PUBLIC SERVICES)
regarding certain time limits and procedural requirements
with respect to a special landowner election
iDd,ivar To:
City Council of the City of San Luis Obispo
990 ,.Palin Street
San Luis Obispo, CA 93401
Attn: 2�_.14WGOO
Members of the City Council;
Pursuant to Government Code sections 53326(a) and 53327(b), which allow any time limit
or requirement pertaining to the conduct of a landowner election held under the authority of the
Mello -Roos Community facilities Act of 1982,, Government Code sections 53311-53365.7 (the
"Mello -Roos Act'), to be waived with the unanimous waiver and consent of the qualified electors,
the undersigned legal entity (the "Landowner") hereby declares as follows:
1, Ownership. Landowner is the owner of the real property ,described in Emit A,
attached hereto and incorporated ''herein by reference, 'by San 'Luis Obispo County Assessor's
Parcel Numbers 053-259-04 (the "real property"), which is ,proposed to be included in a
community facilities district (the "CW), to be. funued'by the City of.San Luis Obispo (the "City").
2. Adequate Time. Landowner acknowledges that the City Council of the City will
call a special landowner election for the CFD to approve a special tax. Landowner will have had
sufficient time to consider and reflect on Landowner's choice in the election.
3. Election Date. Landowner expressly waives the time. limits- specified by
Government Code section 53326, including but not limited to, the requirement that the special
election be held at least 90, but not more than 180 days fallowing -the adoption of the resolution.
calling; the election.
Voter Information. Landowner expressly waives the requirement contained in
Gove ent Code section 53327 of preparation and delivery to Landowner of an impartial
analysis, arguments, and rebuttals relating to the proposition submitted at the.election.
.5. Election Notice. Landowner expressly waives any notice requirements relating to
the special election, whether zontai d in the Govemnwat Code, Elections Code, -Streets &
Highways'Code, dor elsewhere.
6. Tabulating Ballots. Landowner hereby consents to the election officer's unsealing
and tabulating the Landowner's ballot upon its receipt and waives any rights Landowner may have
under Government Cade section 5332b and the Elections Code related to -conceal- eat of the.ballot.
150441.9:t 14264-001'
7. Designation of AuthoriZed Representative. Landowner hereby designates Avila
Ranch LLC as its authorized representative for the purpose of voting its interests at the special
election. The .mailing address of the designated .representative .is 35.96 .Broad Street, Suite .1.04,
.San Luis Obispo Ca 93401.
8. Formation Process. Landowner expressly waives any and all claims based on,
and hereby consents to, any error, irregularity, or departure from the provisions of the Mello -Roos
Act , and any and all laws incorporated therein, in the formation process and acknowledges that
the formation of the CSD is valid and shall not be affected by any such error, irregularity, or
departure.
The person executing this Waiver and Consent on behatf"ofthe'Lan►downer hereby certifies
that he or she is authorized to execute this document on behalf ofthat legal entity.
Date: , 2017
-0
,4b_,,V) L p. L.. L . G .
Affiliation
1504419..1 14264-001 2
Exhibit A.
(Map and/or Legal Description of Real Property)
,Assessor's ParcelNumbers: 053-259-05',and 053-259-06
1504419.1 14264-001 Exhibit A
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Order Number: 4001-4978499 (LI)
'Page Number: 7
LEGAL DESCRIPTION
Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California,
described as follows:.
PARCEL A: (kP.N.: 053-259-004)
PARCEL 2 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. COAL 01-0097, RECORDED
APRIL 9, 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 OSISPO, STATE OF
CALIFORNIA, BEING A'PORTION 'Of THE PARCEL DESCRIBED IN DOCUMENT N0. 2000-070932
AND A PORTION OF THE PARCEL DESCRIBED IN DOCUMENT NO. 2000-070933 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 890 56'56" EAST, 662.06 FEET TO THE MOST EASTERN CORNER COMMON TO SAID
PARCELS, SAID COMMON CORNERALSO 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, SAID COMMON CORNER ON SAID
.LINE ALSO BEING TIME TRUE POINT OF BEGINNING;
THENCE CONTINUING IN AN EASTERN DIRECTION NORTH 1390 59 55" EAST, 660.52 FEET TO A
POINT ON A LINE COMMON TO SAID PARCEL DESCRIBED IN DOCUMENT NO. 2000-070932 OF
OFFICIAL RECORDS AND THE PARCEL DESCRIBED IN DOCUMENT NO. 2002-070933 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 5F8'" REBAR AND CAP RCE 12545 AS SHOWN ON SAID MAP;
THENCE CONTINUING IN AN EASTERN DIRECTION NORTH 890 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 410 5549" WEST, 63.87 FEET;
THENCE IN A WESTERN DIRECTION NORTH 900 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'NORT4ERN DIRECTION ALONG SAID COMMON LINE, NORTH OT D0' 11- EAST,
518.07 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL A-1:
First American Title
Order Number, 4001-4978499, (LI)
Page Number: 8'
AN EASEMENT FOR ACCESS OVER THE NORTHERLY 30 FEET OF PARCEL 1, AS SAID PARCELS
ARE SHOWND€SCRIBED IN CERTIFICATES OF COMPLIANCE'S RECORDED NOVEMBER 29, 2000
AS INSTRUMENT NOS. 2000-070930 AND 070931 OF OFFICIAL RECORDS.
PARCEL B:(APN: 053-259-005)
PARCEL 1 OF THAT CERTAINCERTI•FICATE,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 S14OWN ON SAID MAP,
NORTH 890 56'56" EAST, 662.06 'FEET TO THE MOST EASTERN CORNER COMMON TO SAID
PARCELS, SAID COMMON CORNER ALSO BEING ON A LIME 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 1.2545 AS SHOWN ON
SAID MAP;
THENCE CONTINUING IN AN EASTERN DIRECTION NORTH 890 56'56" EAST, 183.40 FEET;
THENCE IN A SOUTHERN DIRECTION THE FOLLOWING COURSES AND DISTANCES:
SOUTH 000 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" 296.48 FEET;
SOUTH 5.10 4747" 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
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- INITERSECTION' POINT OF SAID VACHELL LANE
First American Title