TO: CITY COUNCIL OF THE CITY OF MERCED
FROM: Campus Pointe Off Campus Partnership B, a California General Partnership
PETITION, CONSENT AND WAIVER
COMMU
NITY FACILITY D ISTRICT 2003-2 (SERVI CES)
OF THE CITY OF MERCED
ANNEXATION NO. 18
(Improve
ment Area No. 42)
The undersigned l andowner does he reby certify under penalty of perjury that the following statements are all true and correct:
1. The
undersigned is authorized to represent Compass Pointe Off Campus
Partnership B (the “La ndowner”), is its designated representative to give the c
onsent and waiver contained herein to the Community Facilities District No. 2003-2 o f the City of Merced (the “CFD”), with respect to the inclusion of its properti
es within the CFD, to be annexed under the provisions of the Mello- Roos Co
mmunity Facilities Act of 1982 (the “Act”), being Chapter 2.5 of Part 1 of Divi
sion 2 of title 5 (commencing with Section 53311) of the California Government Code.
2. The undersigned hereby certifies that as of the date indicated opposite his
signature, the Landowner listed herein is the owner of certain property within the propose
d boundaries of the proposed Annexation No . 18 to the CFD described in Exhibit “A” hereto (the “Property”), which Property consists of approximately 2.8 ac
res of land. Given that the Property is vacant , t here a re no registered voters residing within the Property, and there have been, and to the undersigned’s best knowledge there will be, none during the 90-day period preceding the public hearing to be sc
heduled and conducted by the City Council pursuant to Government Code Sect
ion 53339.3.
3. The Landowner has had an opportunity to consult with legal counsel wi
th respect to the matters contained herein and is fully and completely informed of and understands the matters contained herein.
4. On or about March 8, 2021, the Landowner and the appropriate officers there
of were made aware of proceedings to be held regarding the proposed annexa
tion of the Property to the CFD and the imposition of the special tax. The Landow
ner acknowledges that it anticipates receiving adequate notice of the hearing ATTACHMENT 4
2 to be scheduled by the City Council . The L andowner and the appropriate officers thereof have received necessary and relevant information regarding the CFD and the imposition of the special tax and the City has made availabl e to the L andowner sufficient opportunity to obtain such information.
5. The Landowner understands that a special mailed -ballot, landowner election will be held to determine whether the Property will be annexed to the CFD, and further understands that if the Property is annexed, authority will be conferred on CFD to levy an annual special tax on the Property to finance certain public services, including, but not limited to, public safety services, landscape maintenance, park and parkway maintenance, and floo d control services. The undersigned, on behalf of the Landowner, requests that the election be conducted at the earliest possible date. The undersigned is the person legally entitled and authorized to execute this Consent and Waiver with respect to the Property in connection with the landowner, mailed-ballot election on the annexation.
6. In accordance with the provisions of the Act, and specifically Sections 53339.7, 53326(a) and 53327(b) thereof allowing certain time and conduct requirements relative to a special landowner election to be waived with the unanimous consent of all the landowners to be included in Annexation No. 18 to the CFD and concurrence of the election official conducting the election, the undersigned on behalf of the Landowner (i) expressly consents to the conduct of the special election at the earliest possible time following the adoption by the City Council of a resolution calling the election, and (ii) expressly waives any requirement to have the special election conducted within the time periods specified in Section 53326 of the Act or in the California Elections Code.
7. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agree that said election may be conducted by mailed or hand- delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk of the City and the undersigned request that the results of said election be canvassed and reported to the City Clerk at the same meeting of the City as the public hearing on the annexation to the CFD or the next available meeting.
8. The undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, as set forth in Section 53327 of the Act, and consents to not having 3 such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot.
9. The undersigned expressly waives all noti ce requirements relating to hearings and special elections, whether by posting, publishing or mailing, and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not l imited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code.
10. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to the CFD or the special election therein shall be invalidated or affected by any such irregularity, error, mistake or departure.
11. The undersigned, on behalf of the Landowner, hereby consents to the levy and collection of the special tax on the Property and hereby waives any and all rights to challenge the inclusion of the Property in the C FD and any and all other proceedings related thereto.
12. Finally, the u ndersigned, on behal f of the Landowner, hereby authorizes Scott McBride, Director of Development Services of the City of Merced, and Venus Rodriguez, Finance Officer of the City of Merced, and their successors in office, or any of them, to act in all respects for the Property and for the Landowner in casting the votes and executing the ballot assigned to the Property.
A-1
EXHIBIT A
All that certain real property in the City of Merced, County of Merced, State of California, described below:
Parcels A and B as shown on that certain map entitled “Parcel Map for Compass Pointe Off Campus Partnership B ,” recorded in Book 119 , Page 4 2 of Merced County Records.
Also known as Assessor’s Parcel Number (APN):
206-070-009
206-070-010