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HomeMy WebLinkAbout1986-01-28; City Council; 8495; PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICTTITLE AB# p49-.( MTG. 01/28/86 PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT DEPT. ENG DEPT. HD.~ -5 CITY ATTY, c CITY MGRt * Q W > g fL a q .. z 9 a s z 3 0 0 b Y CIT~F CARLSBAD - AGEND~ILL RECOMMENDED ACTION: By motion adopt Resolution No. f36g making appointments for a special assessment district (Assessment District No. By motion adopt Resolution No. p369 adopting a map showing the proposed boundaries of a special assessment district. By motion adopt Resolution No. p.3 70, ordering the preparation of an Investigation Report. By motion adopt Resolution No. 837/ approving an Investigation Report and setting a public hearing for March 4, 1986. ITEM EXPLANATION: Council approved funding to initiate an assessment district on Palomar Airport Road in the 1985-86 Capital Improvement Program and carry it to the first public hearing. The limits of this proposed district include Palomar Airport Road from Paseo del Norte to approximately 8,000 feet east. This project will bring this section of the road to full prime arterial standard (six lanes with median). The bridge widening over the freeway is not included and will be done as a separate project because of the larger processing time required of the Caltrans project and the need to set up a benefit district. If the district proceeds beyond the first public hearing, the design of the street improvements must begin. FISCAL IMPACT: Council previously appropriated $80,000 to fund staff and assessment engineering changes to the first public hearing. If the project proceeds beyond that point, additional funds will be required for staff, assessment engineering and design costs. If the district is successful, all City funds will be reimbursed by the sale of bonds. NOTE: Assessment Engineer is Norm Neste; Legal Counsel is 86-1 ). F. MacKenzie Brown. I w e Page 2 of Agenda Bill No. pq?.< EXHIBITS: 1. Location Map 2. Order of Procedure. 3. Adopt Resolution No. n$f. making appointments for a special assessment district (Assessment District No. 4. Adopt Resolution No. F36L adopting a map showing the proposed boundaries of a special assessment district. 5. Adopt Resolution No. fJ.70. ordering the Preparation of 86-1 ). an Investigation Report. Adopt Resolution No. & approving an Investigation Report and setting a public hearing for March 4, 1986. 6. LOCATION MAP . L .... :' .. .. .. .. .. .. .. .. .. .............. ............. *. *. -0 . e. e. e. ........................... ......... LEGEND ASSESSM ENT D 1 STRICT BOU N D ARY VlClNlTy MAP N.T. S. L PROJECT NAME PALOMAR AIRPORT ROAD -fROJ= NO* EXHIBIT I ASSESSMENT DISTRI CT 31 51 v \ w w ORDER OF PROCEDURE CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) DATE OF MEETING: JANUARY 28, 1986 STAFF: General report as to the boundaries of the Assessment Districl and the extent of the works of improvement. CITY COUNCIL: Adopt RESOLUTION MAKING APPOINTMENTS: Formal appointment o the Superintendent of Streets, etc. CITY COUNCIL: Adopt RESOLUTION ADOPTING PROPOSED BOUNDARY MAP: Formal adop tion of boundaries of the Assessment District. CITY COUNCIL : Adopt RESOLUTION COVERING PRELIMINARY DETERMINATION: Initia ting Resolution under Streets and Highways Code Division proceedings. STAFF : Present "Report" pursuant to Division 4 of the Streets an Highways Code of the State of California ("Special Assessmen Investigation, Limitation and Majority Protest Act of 1931") and summarize the contents thereof, including the method an formul a for the assessment spread. Adopt RESOLUTION APPROVING REPORT AND SETTING PUBLIC HEARING Preliminary approval of "Debt Report" and setting matter fc public hearing. CITY COUNCIL: *** -- EXHIBIT 2 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e {rn RESOLUTION NO. 8368 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, MAKING APPOINTMENTS IN A SPECIAL ASSESSMENT DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD CALIFORNIA, is considering the formation of a special assessmen district, pursuant to the terms and provisions of the "Municipa Improvement Act of 1913", being Division 12 of the Streets an Highways Code of the State of California, for the construction o certain pub1 ic works of improvement, together with appurtenance and appurtenant work, said assessment district to be known an designated as ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) (hereinafter referred to as the "Assessment District"); and, WHEREAS, at this time the City Council is desirous of makii the required appointments and designating persons to perfoi certain duties, in order to allow the proceedings to go forward . completion in accordance with the provisions of law. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correc SECTION 2. That the CITY ENGINEER is hereby appointed perform all of the duties and functions of the Superintendent Streets as said duties are specified and designated in t "Municipal Improvement Act of 1913", being Division 12 of t Streets and Highways Code of the State of California, for t above referenced Assessment District. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 w \ e SECTION 3. That the place for recordation of the assessment roll and diagram shall be in the Office of the Superintendent 01 Streets, and said assessment roll and diagram, upon recordation, shall be kept as a permanent record. SECTION 4. That the CARLSBAD JOURNAL is hereby designated a! the newspaper for all publications as required by law and a! necessary for completion of this Assessment District. SECTION 5. That NESTE, BRUDIN & STONE, INC. is hereb appointed the Engineer of Work for said proceedings, and sai Engineer of'Work shall perform all of the duties and responsibi lities as set forth by law as they relate to said Assessmen District. SECTION 6. That F. MACKENZIE BROWN, INC., Attorneys at Law is hereby appointed to act as Bond Counsel for the purposes o preparing proceedings and issuing an approving opinion attestir to the validity of the proceedings and the enforceability of tk bonds, pursuant to the terms and conditions of a Special Counsc Agreement submitted herewith, which Agreement is hereby acceptc and approved for execution by the Mayor and City Clerk. SECTION 7. That this City Council hereby establishes special IMPROVEMENT FUND designated by the name and number of ti Assessment District, and into said fund shall be placed all prc ceeds from the sale of bonds and cash collections. In order expedite the improvements or acquisition under these proceedin and as authorized by law, funds from any available source may transferred into said special fund. Any funds transferred are loan to the fund and shall be repaid out of the proceeds of t 1 2 3 4 5 6 7 a 9 10 11 12 \w W sale of bonds, all as required and authorized by law, and specifi- cally Section 10210 of the Streets and Highways Code of the Statt of California. PASSED, APPROVED and ADOPTED at a regular meeting of the Cit. Council held on the 28th day of January , 1986, by th following vote, to wit: AYES: NOES: None ABSENT: None Council Members Casler, Lewis, Kulchin, Chick and Pettine /fL.%/JL 1 . 1 LtR, Mayor ATTEST: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AUTtNKRANL ¶ C1tY c1g rk (SEAL) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 w m RESOLUTION NO. 8369 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF A SPECIAL ASSESSMENT DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD CALIFORNIA, has been presented and has received a map showing an( describing the boundaries of the area proposed to be assessed i an assessment district under the provisions and authority of th "Municipal Improvement Act of 1913", being Division 12 of th Streets and Highways Code of the State of California; sai assessment district known and designated as (PALOMAR AIRPORT ROAD) ASSESSMENT DISTRICT NO. 86-1 (hereinafter referred to as the "Assessment District"). NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct SECTION 2. That a map of the Assessment District, showir the boundaries of the proposed Assessment District and lands ar property to be assessed to pay the costs and expenses of tt proposed improvements designated as "PROPOSED BOUNDARIES OF (PALOMAR AIRPORT ROAD) is hereby submitted, and the same is hereby approved and adopted SECTION 3. That the original map of said proposed boundari ASSESSMENT DISTRICT NO. 86-1 of the proposed Assessment District and one copy thereof is to filed in the Office of the City Clerk. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 1- SECTION 4. A certificate shall be endorsed on the original and on at least one copy of the map of the Assessment District evidencing the date and adoption of this Resolution, and withii fifteen (15) days after the adoption of the Resolution fixing th, time and place of hearing on the formation or extent of sai Assessment District, a copy of said map shall be filed with th correct and proper endorsements thereon with the County Recorder all in the manner and form provided for in Section 3111 of tk Streets and Highways Code of the State of California. PASSED, APPROVED and ADOPTED at a regular meeting of the Ci , 1986, by t Council held on the 28th day Of Januarv following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None -dL ARY HYCASLtR, Mayor ATTEST: ANL, C1tY Cler*k lLt&L%?h (SEAL) v 1 2 3 4 5 6 7 8 9 10 11 12 I-3 14 15 16 l7 I-8 I' 2o 21 22 23 24 25 26 27 28 m 0 RESOLUTION NO. 8370 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, COVERING PRELIMINARY DETERMINATION AND ORDERING THE PREPARATION OF A REPORT ON SAID IMPROVEMENT WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAC CALIFORNIA, is contemplating the construction of certain publi works of improvement under proceedings conducted pursuant to tl "Municipal Improvement Act of 1913", being Division 12 of tl Streets and Highways Code of the State of California, in a speci assessment district known and designated as (PALOMAR AIRPORT ROAD) ASSESSMENT DISTRICT NO. 86-1 (hereinafter referred to as the ltAssessment District"). NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are. all true and correc SECTION 2. That certain public works of improvement, to1 ther with appurtenances and appurtenant work, including acquil tion where necessary, are proposed to be done and made within boundaries of the Assessment District. In connection therewi it is found and determined as follows: , A. That the specific nature of the propo works of improvement consists of all the work as shown on proposed boundary map, as previously approved for this Assessm District. B. That the boundaries of the Assessr District and the lands and properties within the Assessi District proposed to be assessed to pay the costs and expense! said proposed works of improvement are as shown upon a map of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 w W Assessment District, which map has been heretofore approved and i: on file with the transcript of these proceedings. Said map shal' govern for all details as to the extent of the Assessmen- District. SECTION 3. That the statute under which it is proposed ti conduct proceedings is the "Municipal Improvement Act of 1913" being Division 12 of the Streets and Highways Code of the State o California, with bonds proposed to be issued as authorized by th "Improvement Bond Act of 1915", being Division 10 of said Code. SECTION 4. That this proposed improvement is referred to th ENGINEER OF WORK, who is hereby appointed to procure all necessar information to prepare a report on the proposed improvement in tt- manner and form provided for in Division 4 of the Streets ar; Highways Code of the State of California, the "Special Assessmer Investigation, Limitation and Majority Protest Act of 1931". SECTION 5. That this Resolution and the Report as order€ herein are pursuant to the provisions of said Division 4, and sal Report shall have attached to it a copy of this Resolution up( its adoption. SECTION 6. That the works of improvement as proposed undf these proceedings generally consist of the construction a installation of certain half or full width street improvements PALOMAR AIRPORT ROAD from INTERSTATE 5 running Easterly approx mately 8,000 feet, including erosion control, underground commun cation, gas and power facilities, water lines and draina improvements, together with appurtenances, including the acquis tion of rights-of-way where necessary to accomplish the referenc improvements. \ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 w W SECTION 7. That this City Council does not, at this time intend to make any contribution or appropriation of funds towar the costs and expenses of the works of improvement as provide under these proceedings, and all costs and expenses relatin thereto shall be financed through special assessments levied upc benefited lands and properties within the boundaries of tk Assessment District in the manner and form as established by law, PASSED, APPROVED and ADOPTED at a regular meeting of the Cil Council held on the 28th day Of , January , 1986, by tt following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None (-7f-&&, - J .&&AL He, CAS LtR, Mayor ATTEST: ANL, C1tY Wrk d.. @- (SEAL) \ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 l6 I'7 l8 I' 2o 21 22 23 24 25 26 27 28 w w RESOLUTION NO. 8371 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A REPORT UNDER THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931" AND FIXING A DATE OF HEARING T~EREON WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAI CALIFORNIA, has by Resolution ordered the preparation of "Report" under the provisions of the "Special Assessment Invest- gation, Limitation and Majority Protest Act of 193111, beir Division 4 of the Streets and Highways Code of the State California, relating to the construction of certain public wor of improvement in a special assessment district known and desi nated as ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) . (hereinafter referred to as the "Assessment District"); said wor of improvement generally described as the construction e installation of certain half or full width street improvements PALOMAR AIRPORT ROAD from INTERSTATE 5 running Easterly appro] mately 8,000 feet, including erosion control , underground commur cation, gas and power facilities, water lines and drain improvements, together with appurtenances, including the acqui tion of rights-of-way where necessary to accomplish the referen improvements; and, WHEREAS, such "Report" has now been prepared and submitted NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and corre 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W w SECTION 2. That the "Report" so prepared and presented be and the same is approved, and the fact and date of this approv? shall be endorsed thereon and the "Report" shall be filed with tt- transcript of these proceedings. SECTION 3. THAT THE CITY COUNCIL DOES HEREBY FIX TUESDA THE 4TH DAY OF MARCH, 1986, AT THE HOUR OF 6:OO O'CLOCK P.M., THE COUNCIL CHAMBERS, CITY HALL, AS THE TIME AND PLACE WHEN HEARING ON SAID "REPORT" SHALL BE HELD. THE CITY CLERK SHALL GI NOTICE OF SUCH HEARING BY MAILING A COPY OF THE NOTICE, POSTA PREPAID, TO ALL PERSONS OWNING REAL PROPERTY WHICH IS PROPOSED BE ASSESSED TO PAY ANY PART OF THE COST OF THE WORK, WHOSE NAF AND ADDRESSES APPEAR ON THE LAST EQUALIZED ASSESSMENT ROLL AVAl ABLE ON THE DATE THE "REPORT" WAS COMMENCED, AT THE ADDRESS SHOWN ON SUCH ROLL, OR AS KNOWN TO THE CITY CLERK, ALL IN MANNER AND FORM AS PROVIDED FOR IN SAID DIVISION 4 OF THE STRE AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. PASSED, APPROVED and ADOPTED at a regular meeting of the C Council held on the - 28th day Of Januaj-v , 1986, by following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and pettine NOES: None ABSENT: None ~~ d &.&L&/ Y H. CASLtK, Mayor ATTEST: (SEAL) I e v NOTICE OF PUBLIC HEARING CITY OF CARLSBAD NOTICE IS HEREBY GIVEN that land owned by you or in which you are interested i proposed to be assessed for the cost of certain improvements in an assessment distric known and designated as ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) (hereinafter referred to as the "Assessment District"). The estimated cost of the improvement is as follows: Estimated Cost of Construction: $3,478,475.00 Estimated Incident a1 Expenses : $1,641,688 .OO Estimated Tot a1 Cost: $5,120,163,00 Balance to Assessment: $5,120,163 .OO The assessed value of lands within the Assessment District is the sum of $9,690,739.0 The assessed value of the improvements within the Assessment District is the sum $9 1,537.00. The estimated true value of the parcels pursuant to the "1931 Act" within the Asses ment District is the sum of $9,782,276.00. The total estimated amount of assessment upon lands to be assessed for acquisitions improvements previously done or ordered is the sum of $ -0-. The estimated amount of your proposed assessment is approximate only, is based upon t estimated cost above stated, and is not to be deemed the actual amount which will assessed. DESCRIPTION OF IMPROVEMENT The works of improvement are described as' the construction and installation of cert, half or full width street improvements in PALOMAR AIRPORT ROAD from INTERSTATE running Easterly approximately 8,000 feet, including erosion control, undergroi communication, gas and power facilities, water lines and drainage improvemen' together with appurtenances, including the acquisition of rights-of-way where necessl to accomplish the referenced improvements. Said construction and improvements are to be performed pursuant to the provisions the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highw Code of the State of California, and bonds shall be issued to finance said improvemei pursuant to the provisions of the 'Improvement Bond Act of 1915", being Divis Division 10 of said Code. NOTICE IS FURTHER GIVEN THAT A HEARING WILL BE HELD IN THE COUNCIL CHAMBERS, CITY HA CARLSBAD, CALIFORNIA, ON THE 4TH DAY OF MARCH, 1986, AT THE HOUR OF 6:OO O'CLOCK P. AT WHICH TIME AND PLACE ALL PROTESTS AND OBJECTIONS WILL BE HEARD. SAID IMPROVEMENT ARE PROPOSED TO BE CONDUCTED UNDER THE "MUNICIPAL IMPROVEMENT ACT 1913", BEING DIVISION 12 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIQ A tlReporttl pursuant to the provisions of Division 4 of the Streets and Highways Cod€ the proposed project is on file with the transcript of these proceedings, and is c to public inspection, NOTICE IS FURTHER GIVEN that the City Council did, on the 28th day of January, 15 adopt its RESOLUTION COVERING PRELIMINARY DETERMINATION to order the improvements. THE PROCEEDINGS c L e w NOTICE IS FURTHER GIVEN that the time and place above mentioned is the hour, day and place for the hearing on said Resolution, and is the time and place for any and all persons having any objections or protests to the proposed work or to the extent of the District, or both, or the proposed grades for the work, or the method of financ- ing, to appear and show cause why said work should not be carried out in accordance with said Resolution Covering Preliminary Determination. Any persons interested may file a written protest or objection as provided in the "Special Assessment Investiga- tion, Limitation and Majority Protest Act of 1931", being Division 4 of the Streets and Highways Code of the State of California. Reference is hereby made to said Resolution on file with the transcript of these proceedings for a description of the work, the Assessment District, and all further particulars. For inquiries regarding the protest procedure or this project, please contact the following: NORM NESTE NESTE, BRUDIN & STONE, INC. P. 0. BOX 28100 SAN DIEGO, CA 92128 TELEPHONE: (619) 485-1500 DATED this JRt" day of , TfiddfigY , 1986. \ CITY OF CARLSBAD STATE OF CALIFORNIA The estimated amount of the proposed assessment upon your lands for the proposed improvement mentioned above i s as enclosed. < L !F @ 1200 ELM AVENUE TELEPHONI CARLSBAD, CA 92008-1989 (619) 438-553 Office of the City Clerk ditp of darlsbab February 4, 1986 F. Mackenzie Brown Attorney at Law P.O. Box 8025 Fairbanks Ranch Plaza Rancho Santa Fey CA 92067 Re: The Carlsbad City Council, at its meeting of January 28, 1986, adopted the following Resolutions regarding the above referenced assessment district: 1. Resolution No. 8368, making appointments for a special assessment Palomar Airport Road West Assessment District district (Assessment District No. 86-1). 2. Resolution No. 8369, adopting a map showing the proposed boundaries of the special assessment district. 3. Resolution No. 8370, ordering the preparation of an Investigation Report. 4. Resolution No. 8371, approving an Investigation Report and setting a public hearing for March 4, 1986. Enclosed for your records are copies of Resolution Nos. 8368, 8369, 8370 and 8371. Also enclosed is a copy of the fully executed Special Counsel Agreement for Assessment District No. 86-1. J!ii!ii%TW Deputy City Clerk Encs. w c TELEPHOI 1200 ELM AVENUE (619) 438-55 CARLSBAD, CA 92008-1989 Office of the City Clerk Qltp of $srl$€lab February 7, 1986 F. Mackenzie Brown Attorney at Law P.O. Box 8025 Fairbanks Ranch Plaza Rancho Santa Fey CA 92067 Re: Assessment District No. 86-1 (Palomar Airport Road) Enclosed for your records are copies of the following documents: 1. Annotated Instruction Sheet 2. Certificate of Mailing Notice of Public Hearing If you have any questions regarding this matter, please don't hesitate to contact this office. Yiii-zzzF+- Deputy City Clerk Encs . # INSTRUCTION SHEET AGENCY: CITY OF CARLSBAD NAME OF PROJECT: ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) THE CITY CLERK SHALL PERFORM THE FOLLOWING NOTICE REQUIREMENTS: RESOLUTION COVERING PRELIMINARY DETERMINATION A copy of the RESOLUTION COVERING PRELIMINARY DETERMINATION, as conformed, should be 1/3r/W immediately attached to the Division 4 Report as on file with the transcript of these % proceedings. NOTICE OF HEARING (MAILING) Note that the NOTICES must be mailed at least THIRTY (30) DAYS prior to the date IJ~~/~. fixed for the Hearing, and said Notices are to be mailed, postage prepaid, to all persons owning real property which is proposed to be assessed to pay any part of the costs and expenses of the improvements, as their names and addressses appear on the last equalized assessment roll, or as known to the legislative body. * CERTIFICATE OF MAILING 2/~/q6 Upon mailing of the Notice of Hearing, the CERTIFICATE OF MAILING should be executec .ICC, and the original should be placed on file with the transcript of these proceedings. PROPOSED BOUNDARY MAP Within fifteen (15) days after the adoption of the Resolution Approving the Repor, IJfilgGand Setting the Matter for Public Hearing, a certified copy of the proposed BOUNDAR MAP for the Assessment District shall be filed with the County Recorder. The origina bd(\ of said Map shall remain on file in the Office of the Superintendent of Streets. Fee are applicable for the filing of the proposed Boundary Map with said County Recorder MISCELLANEOUS Immediately upon compliance with the abo've, a copy of this Instruction Sheet shoul be returned to this office, with initials and dates indicating compliance. *** F. MACKENZIE BROWN ATTORNEY AT LAW P. 0. BOX 8025, FAIRBANKS RANCH RANCHO SANTA FE, CALIFORNIA 92067 TELEPHONE: (619) 456-1915 # e CERTIFICATE OF MAILING NOTICE OF HEARING UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND FILING OF PROPOSED BOUNDARY MAP OF THE ASSESSMENT DISTRICT STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD ALETHA L. RAUTENKRANZ, under penalty of perjury, CERTIFIES as follows: That during all of the times herein mentioned, the undersigned was, and now is, the duly appointed, qualified and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA. , 1986, Notice of Hearing under That on the Division 4 o t e treets and Highways $de of the State of California (the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931") was mailed to all persons owning real property proposed to be assessed according to the names and addresses of such owners as the same appear on the last County Assessment Roll, available on the date the Report was prepared, or at his address as known to the undersigned; also to every owner of property assessed by the State, under Section 14 of Article XI11 of the Constitution of the State of California, at the address of the owner of such property as shown on the last roll transmitted to the County Auditor in all instances where such property is proposed to be assessed. A copy of said Notice is attached hereto and made a part hereof. That the undersigned has on file the original of the proposed boundary map of the assessment district, said district known as *day Of J-ah)u t? q ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) That on the 2 tA day of . TAIJ~AR~ , 1986, a copy of said map was filed evidencing the date and adoption of the Resolution describing the proposed boundaries of such District; that said map was filed in the Office of the County Recorder within fifteen (15) days of the adoption of said Resolution describing the proposed boundaries of such District, and at least fifteen (15) days prior to the hearing on said proposed District. Executed this 744 day of AM-, , 1986, at Carlsbad, California. in the Office + o t e County Recorder, whith said map was endorsed with a certificate I CITY OF CARLSBAD STATE OF CALIFORNIA TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 ATTN: Lee Rautenkranz, City Clerk DATE 2/4/86 JOB NO. E68015 RE: ASSESSMENT DISTRICT NO. 86- (PALOMAR AIRPORT ROAD) CITY OF CARLSBAD Coples Date or No. 1 1/29/36 -- THESE ARE DESCRIPTION Complete set of Notice of Public Hearing as mailed to individual property owners January 30, 1986. TRANSMIITED AS CHECKED BELOW: w e N ESTE, B RU Dl N & STON E Engineers Planners INCORPORATED 164 WEST HOSPITALITY LANE SUITE 1 PO BOX 8124 SAN BERNARDINO, CA 92412 TELEPHONE 714/888-1401 E68-015.008 February 4, 1986 Lee Rautenkranz, City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 ASSESSMENT DISTRICT NO 86-1 (PALOMAR AIRPORT ROAD) Enclosed is the following: O Affidavit of Recording Boundary Map O Affidavit of Mailing Notice of Public Hearing O Mackenzie Brown Instruction Sheet with initials Should you have any questions, please contact me. : ‘/-j )Qf&n/-&L ed!A7/,dL?3 ROXANNE E. SHEPHERD Associate Engineer dlm cc: Gene Donovan Jeff Bunnell Mac Brown CORONA HEMET PALM DESERT RANCHO CALIFORNIA SAN BERNARDINO SAN DIEGO rn W STATE OF CALIFORNIA ) AFFIDAVIT OF RECORDING COUNTY OF SAN DIEGO ) ) ss. BOUNDARY MAP ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD), CITY OF CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA Norman A. Neste, being first duly sworn, deposes and says : That on January 29, 1986, at the request and direction of the CITY CLERK of the CITY OF CARLSBAD, he caused to be filed a copy of the map entitled "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 86-1, (PALOMAR AIRPORT ROAD), CITY OF CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA" with the County Recorder of the County of San Diego; That said map was recorded as Instrument No. 86-037400, in Book 20, Page 2 of Assessment District Maps of the official records in the office of said Recorder; and That said map is identical to the original which was adopted by the CITY COUNCIL of the CITY OF CARLSBAD by Resolution No. 8369, adopted on January 28, 1986. / - j/-?C-. Qk/uc 7 Notary Public in nd for said County and State 4 m w * L STATE OF CALIFORNIA ) AFFIDAVIT OF MAILING COUNTY OF SAN DIEGO) 1 ss. NOTICE OF PUBLIC HEARING ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD), CITY OF CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA Norman A. Neste, being first duly sworn, deposes and says : That on January 30, 1986, at the request and direction of the CITY CLERK, of the CITY OF CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA he caused to be mailed the "NOTICE OF PUBLIC HEARING" of ASSESSMENT DISTRICT No. 86-1, (PALOMAR AIRPORT ROAD), CITY OF CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA to all property owners, pursuant to Section 2851, Division 4, Special Assessment, Limitation and Majority Protest Act of 1931, Streets and Highways Code of the State of California. A copy of said NOTICE, as mailed, is attached hereto. I yJ&).-- 1 && - Subscribed and swor to befyEs #& dal Y of , 19y. Notary Public in /and for said County and State I T W - < .. ., NOTICE OF PUBLIC HEARING CITY OF CARLSBAD NOTICE IS HEREBY GIVEN that land owned by you or in which you are interested proposed to be assessed for the cost of certain improvements in an assessment distr known and designated as ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) (hereinafter referred to as the "Assessment District"). The estimated cost of the improvement is as follows: Estimated Cost of Construction: $3,478,475.00 Estimated Incident a1 Expenses : $1 , 641,688 .OO Estimated Tot a1 Cost : $5 , 120,163 .OO Bal ance to Assessment: $5 , 120 , 163.00 The assessed value of lands within the Assessment District is the sum of $9,690,739< The assessed value of the improvements within the Assessment District is the sun $91,537 .OO. The estimated true value of the parcels pursuant to the "1931 Act" within the Assf ment District is the sum of $9,782,276.00. The total estimated amount of assessment upon lands to be assessed for acquisition! improvements previously done or ordered is the sum of $ -0-. The estimated amount of your proposed assessment is approximate only, is based upon estimated cost above stated, and is not to be deemed the actual amount which wil' assessed. DESCRIPTION OF IMPROVEMENT The works of improvement are described as the construction and installation of cer half or full width street improvements in PALOMAR AIRPORT ROAD from INTERSTAT running Easterly approximately 8,000 feet , including erosion control , undergr communication, gas and power facilities, water lines and drainage improveme together with appurtenances, including the acquisition of rights-of-way where neces to accomplish the referenced improvements. Said construction and improvements are to be performed pursuant to the provision* the "Municipal Improvement Act of 1913", being Division 12 of the Streets and High Code of the State of California, and bonds shall be issued to finance said improvem pursuant to the provisions of the "Improvement Bond Act of 1915", being Divi Division 10 of said Code. NOTICE IS FURTHER GIVEN THAT A HEARING WILL BE HELD IN THE COUNCIL CHAMBERS, CITY H CARLSBAD, CALIFORNIA, ON THE 4TH DAY OF MARCH, 1986, AT THE HOUR OF 6:OO O'CLOCK P AT WHICH TIME AND PLACE ALL PROTESTS AND OBJECTIONS WILL BE HEARD. THE PROCEEDINGS SAID IMPROVEMENT ARE PROPOSED TO BE CONDUCTED UNDER THE "MUNICIPAL IMPROVEMENT AC 1913", BEING DIVISION 12 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNI A "Report" pursuant to the provisions of Division 4 of the Streets and Highways Cod the proposed project is on file with the transcript of these proceedings, and is to public inspection. NOTICE IS FURTHER GIVEN that the City Council did, on the 28th day of January, 1 adopt its RESOLUTION COVERING PRELIMINARY DETERMINATION to order the improvements. w w t .. c NOTICE IS FURTHER GIVEN that the time and place above mentioned is the hour, day and place for the hearing on said Resolution, and is the time and place for any and all persons having any objections or protests to the proposed work or to the extent of the District, or both, or the proposed grades for the work, or the method of financ- ing, to appear and show cause why said work should not be carried out in accordance with said Resolution Covering Preliminary Determination. Any persons interested may file a written protest or objection as provided in the "Special Assessment Investiga- tion, Limitation and Majority Protest Act of 1931", being Division 4 of the Streets and Highways Code of the State of California. Reference is hereby made to said Resolution on file with the transcript of these proceedings for a description of the work, the Assessment District, and all further particulars. For inquiries regarding the protest procedure or this project, please contact the following: NORM NESTE NESTE, BRUDIN & STONE, INC. P. 0. BOX 28100 SAN DIEGO, CA 92128 TELEPHONE: (619) 485-1590 DATED this J,,Qf-' day of , \J Ad YAR I" , 1986. I dleitkiled CllY CLtRK CITY OF CARLSBAD STATE OF CALIFORNIA The estimated amount of the proposed assessment upon your lands for the proposed improvement mentioned above is as enclosed. c *- v W w G. * 4 .Iff CITY 13F tWKLS8AD P 'A52 7. 1/29/86 ASSESiXUTENV DISTRTfCT %a, 5ii-31 CP4LLWtiW AIWPPZRT iaaal3, _____ - ____ ._._____ - -I--_- - ~ F t _- --- __I-.- .I_-- _. __ - - __." - .___. . I___. - NOTICE OF ESTiMlATE3 WSSESS%EPdT ( c- c c c c c c a: c- , , i7;------ --- -_- -- __ ______I _.._ ~ __ - - -_--_-_ --- - -.. ASSESSWEN-€ IN&)* AND ESPX#&TEO ASS"rSf38'5 PARCEL HSO- ASSESSXENT 212-F349-3'3 $358,336170 - ____. _-_ - - __ _--_ -- -___ _-___-_-.----^- - _. - - . ___ __ . . . - -. - - -. ____ _-_. - -__ _____._ - _- - _I_-_ __" __-_.....- ~ __l-.--I--- _I -- _._ -. . , -_ - - . - ____ I - - - I- __ .-. __ ._ __.. ___I--__I--- . __ . . - - __ ._ ._.-- -_---- - -- ----I ~ _________- -. --- - -. - - - - __ - _. - __ -I ___ I - - I - -- - - - - - -_ ~ ____ .-_ . . -- - . - - -. - . ___ - _-___ __ __ - - _--. -- 133; 1-rI 22 - -. - - - __ . -_ . --. ___ _-_ . _._ ._ . __ - _____ ____._ _- ___I. - - - - . -_ - - \ - i i 2761i LA PBZ RiJAD _____ _-__-- ----_ -- ..__ - I/ - t 12 !3IRTc$4z$! BUSIPI'ZSS CENTER-CJRPQKATE PALOHA2 PGasE 1 - - __- - -__-_- LAGUNA MiiGE9EL 6;A 92E71 .. \ - - - .___ __ - ___ ___ _____ __ _ - e * INSTRUCTION SHEET AGENCY: CITY OF CARLSBAD NAME OF PROJECT: ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) THE CITY CLERK SHALL PERFORFl THE FOLLOWING NOTICE REQUIREMENTS: RESOLUTION COVERING PRELIMINARY DETERMINATION A copy of the RESOLUTION COVERING PRELIMINARY DETERMINATION, as conformed, should be immediately attached to the Division 4 Report as on file with the transcript of these proceedings. NOTICE OF HEARING (MAILING) Note that the NOTICES must be mailed at least THIRTY (30) DAYS prior to the date persons owning real property which is proposed to be assessed to pay any part of the costs and expenses of the improvements, as their names and addressses appear on the :li”G fixed for the Hearing, and said Notices are to be mailed, postage prepaid, to all $0 last equalized assessment roll, or as known to the legislative body. CERTIFICATE OF MAILING - Upon mailing of the Notice of Hearing, the CERTIFICATE OF MAILING should be executed and the original should be placed on file with the transcript of these proceedings. PROPOSED BOUNDARY MAP krithin fifteen (15) days after the adoption of the Resolution Approving the Report and Setting the Matter for Public Hearing, a certified copy of the proposed BOUNDARl MAP for the Assessment District shall be filed with the County hecorder. The origina‘ of said Map shall remain on file in the Office of the Superintendent of Streets. Fee are applicable for the filing of the proposed Boundary Map with said County Recorder /[2@6 f+ MISCELLANEOUS Immediately upon compliance with the above, a copy of this Instruction Sheet shoul be returned to this office, with initials and dates indicating compliance. *** - - - ._ F. MACKENZIE BROWN ATTORNEY AT LAW P. 0. BOX 8025, FAIRBANKS RANCH RANCHO SANTA FE, CALIFORNIA 92067 TELEPHONE: (619) 456-1915 ,' 0 e & @e F. MACKENZIE BROWN INCORPORATED (619) 456-1915 (7141 551-1915 LOS ANGELES 1213) 587-1915 (a051 653-1915 1714) 359-5489 F MACKENZIE BROWN P o BOX a025 SAN DIEGO RONALD E NULL, A PC. WARREN B. DlVEN ORANGE FAIRBANKS RANCH PLAZA RANCHO SANTA FE, CALIFORNIA 92067 VENTURA RIVERSIDE January 13, 1986 Aletha Rautenkranz, City Clerk City of Carl sbad 1200 Elm Avenue Carlsbad, CA 92008 RE: ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) Dear A1 etha: Enclosed herein please find the following: ORDER OF PROCEDURE: Sets forth the Order of Procedure and adoption of Resolutions for the scheduled meeting of January 28, 1986. RESOLUTION MAKING APPOINTMENTS: Formal appointment of the Superintendent of Streets. RESOLUTION ADOPTING PROPOSED BOUNDARY MAP: Formal adoption of boundaries of the Assessment District. RESOLUTION COVERING PRELIMINARY DETERMINATION: Initiating Resolution under Streets and Highways Code Division 4 proceedings. RESOLUTION APPROVING REPORT AND SETTING PUBLIC, HEARING: Preliminary approval of "Debt Report" and setting matter for public hearing. . *** INSTRUCTION SHEET: Sets forth notice requirements to be met immediately following adoption of Resolutions. NOTICE OF PUBLIC HEARING: To be mailed to property owners at least 30 days prior to the hear i n g . COVER LETTER FORMAT: It is suggested that this letter be mailed to the property owners with the legal notice. CERTIFICATE OF MAILING AND FILING MAP: To be kept on file with the transcript of these proceedings. SPECIAL COUNSEL AGREEMENT: Formal approval contained in the Resolution Making Appointments (see above). *** The presentation and adoption of the Resolutions should generally be conducted in the manner and form as set forth in the enclosed ORDER OF PROCEDURE. & @+ 0 e F. MACKENZIE BROWN INCORPORATED Aletha Rautenkranz, City Clerk City of Carl sbad January 13, 1986 Page Two Immediately upon adoption of the Resolutions, the notice requirements as set forth in the Instruction Sheet, should be met and accomplished. As soon as all notice requirements have been met, I would appreciate a return of the Instruction Sheet with initials and dates indicating compliance. Please be advised that notice will generally be accomplished by the following: A. Mailing NOTICE OF HEARING ON ASSESSMENT DISTRICT: NOTICE must be completed by the insertion of the following: 1. Assessment Number 2. Property Descri pt i on 3. Estimated Assessment B. Filing PROPOSED BOUNDARY MAP. Please note that as set forth in the INSTRUCTION SHEET, the notices must be mailed at least thirty (30) d,ays prior to, the date set for the hearing. Th us, the last date for mailing is the 31st of January, 1986. Also note that this a protest hearing, and the legislative body must be aware of all communications. As written communications are filed relating to these proceed- ings, I would recommend that copies be made and immediately transmitted to the following: A. B. Engineer of Work C. Office of F. Mackenzie Brown, Inc. You should have on file prior to the meeting of January 28, 1986 the following: 1. Original of Investigation Report; 2. Two (2) copies of proposed boundary map in size 18 X 26 inches, showing the Each member of the legislative body following: a. Parcels within Assessment District; b. Boundaries of Assessment District; c. Extent of works of improvement. * L @+ 0 m F. MACKENZIE BROWN INCORPORATED Aletha Rautenkranz, City Clerk City of Carlsbad January 13, 1986 Page Two estions upon your review, please do not hesitate to call. encl . cc: Richard Allen, Principal Engineer Pat Entezari, Engineering Dept. Vincent Biondo, Esq., City Attorney Norm Neste; Neste, Brudin & Stone, Inc.