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ATT 11 - Landowner Waiver (Annexation No. 3 to CFD No. 2025-2)

Murrieta City Council
June 2, 2026

Document
ATT 11 - Landowner Waiver (Annexation No. 3 to CFD No. 2025-2)
Meeting
June 2, 2026
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Murrieta City Council
Original file
398 KB
Text extracted from the city's file for reading and search. Open the original on murrieta.legistar1.com. That file is the official record.

WAIVER OF CERTAIN ELECTION PROCEDURES

WITH RESPECT TO LANDOWNER ELECTION FOR
COMMUNITY FACILITIES DISTRICT NO. 2025-2 (MAINTENANCE Services)

OF THE CITY OF MURRIETA
(ANNEXATION NO. 3— GIERSON RANCH)
The undersigned, Justin Brewer, acting on behalf of Century Communities of California, LLC, a Delaware limited liability company (the “Owner”), hereby certifies to the City of Murrieta (the “City”), with respect to the proposed annexation of territory Community Facilities District No. 2025-2 (Maintenance Services) of the City of Murrieta (the “District”), as follows:

1. The undersigned has been duly authorized by the Owner and possesses all authority necessary to execute this Waiver on behalf of the Owner in connection with the election to be called by the City Council of the City with respect to the District. The Owner hereby appoints Justin Brewer to act as its authorized representative to vote in the election referred to herein and certifies that his true and exact signature is set forth below:

Signature of Justin Brewer: __________________________________

2. The Owner is the present owner of 15.98 acres of land as described in Attachment “A” hereto (the “Annexation Territory”). There are no registered voters residing within the Annexation Territory owned by the Owner and have been none during the 90day period preceding June 2, 2026.

3. The Owner has received notice of the June 2, 2026 public hearing to be held by the City Council of the City regarding the approval of (i) annexation of the Annexation Territory to the District and (ii) the levy of special taxes within the Annexation Territory in accordance with the rate and method for the District. The Owner agrees that it received adequate notice of the June 2, 2026 hearing.

4. The Owner has received from the City and the City has made available to the Owner necessary and relevant information regarding the proposed annexation and levy of the special tax, as set forth in Resolution No. 26-4917 adopted by the City Council on March 17, 2026 (the “Resolution”).

5. The undersigned understands that if the proceedings for the annexation of the Annexation Territory to the District are undertaken on or after June 2, 2026, an election will be held by the District on the propositions set forth in the sample ballot attached hereto as Attachment “B” less than 90 days after the close of the June 2, 2026 public hearing as in accordance with Section 53339.7 of the Government Code, without the preparation of an impartial analysis, arguments or rebuttals concerning the election as provided for by Elections Code Sections 9160 to 9167, inclusive, and 9190 and without preparation of a tax rate statement as provided in Section 9401 of the Elections Code and without further notice of such election as required pursuant to the Elections Code or the Government Code. Having been fully advised with respect to the election, in accordance with the authority contained in Government Code Section 53339.7, the Owner waives compliance with the foregoing provisions of the Elections Code and Government Code, with any time limits or other procedural requirements pertaining to the conduct of the election which are not being complied with and consents to having the election on any date on or after the close of the June 2, 2026 public hearing and consents to the closing of the election as soon as all ballots are received by the City Clerk.

6. The undersigned hereby represents that compliance with the procedural requirements for conducting the election, including the receipt of any ballot arguments and impartial analysis and the time limitations which apply in connection with scheduling, mailing and publishing notices for such an election, are unnecessary in light of the fact that the undersigned has received sufficient information regarding the annexation of the Annexation Territory to the District and imposition of the special tax as set forth in the Resolution to allow it to properly complete the attached ballot. The Owner further waives its right to make any protest or complaint or undertake any legal action challenging the validity of the election or the levy of the special tax to finance services for the benefit of the Annexation Territory in accordance with the rate and method of apportionment of special tax for the District.

Dated: May __, 2026
Century Communities of California, LLC,
a Delaware limited liability company
By:___________________________
___________________________
___________________________
ATTACHMENT “A”

DESCRIPTION OF PROPERTY
ATTACHMENT “B”

SAMPLE BALLOT
COMMUNITY FACILITIES DISTRICT NO. 2025-2 (MAINTENANCE SERVICES)

OF THE CITY OF MURRIETA

ANNEXATION AND SPECIAL TAX ELECTION
June 2, 2026
You are entitled to cast 16 votes.

To vote, stamp a cross (+) in the voting square 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 and obtain another.

PROPOSITION A: Shall the territory described in Attachment “A” of Resolution No. 26-4917 of the City Council of the City of Murrieta be annexed to Community Facilities District No. 2025-2 of the City of Murrieta (Maintenance Services)? YES______
NO_______
PROPOSITION B: Shall a special tax with a rate and method of apportionment as provided in Attachment “B” to Resolution No. 26-4917 of the City Council of the City of Murrieta be levied on property described in Attachment “A” of Resolution No. 26-4917 to pay for the Services and other purposes described in Resolution No. 26-4917? YES______
NO_______
2 4909-0190-3513/022972-0051
4909-0190-3513/022972-0051
A-2
4909-0190-3513/022972-0051
A-1
4909-0190-3513/022972-0051
B-1
4909-0190-3513/022972-0051

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