HomeMy WebLinkAbout1986-01-28; City Council; 8496; Appian Road Assessment District No.86-2\I
Cl"- OF CARLSBAD - AGENL-- BILL
I ,B# fv 96
0 1/28/86
ENG
ITG.
IEPT.
TITLE:
APPIAN ROAD ASSESSMENT DISTRICT NO. 86-2
m
DEPT. HD.
CITY MGR. dcn
I
RECOMMENDED ACTION:
By motion adopt Resolution No.<37X adopting Assessment District 86-2
Boundary Map and ordering the City Clerk to file a copy of the map with the County Recorder.
By motion adopt Resolution No. 8373 - ordering installation of public improvements on Appian Road and setting a Public Hearing for March 4, 1986.
ITEM EXPLANATION:
This resolution orders street improvements for 240 feet in front of one
at 2410 Appian Road (near Elm Avenue). Dianne Frazee. All other praperties in this immediate neighborhood are already improved. State law allows the City Council to order street work to be done where more than 50% of a block is already improved (51% is presently improved).
On June 13, 1984 the City Council received information relative to traffic
hazards created by a half street.
signed an agreement to install street improvements in April, 1965 when the
surrounding lands were subdivided.
required to build the road when requested by the City Council. requests have been made over the years, but Mr. Frazee has been unable to canplete the work.
In May, 1984 Mr. Frazee proposed to dedicate the land if the City muld install the improvements. That offer was rejected and Council ordered the work to proceed under the assessment district option. the resolution, notice will be given to Mr. Frazee to corrplete the work in
sixty (60) days. A public hearing will be held on March 4, 1986. Owner does not do the work, the City will call for bids, camplete the work and file a lien against the prcperty. Through the sale of bonds, the City will be reimbursed for all costs and expenses to date. will authorize the issuance and sale of bonds in accordance with the Improvement Act of 191 1.
Additional street dedication is necessary for the installation of improve- ments. dedication, the City must condemn the necessary right-of-way and costs of land acquisition (including appraisal) will be added to the cost estimate. subsequent hearing on the necessity to order condemnation muld be required prior to any award of construction contract.
lot The property Owners are John and
It was also reported that Mr. Frazee had
Under the agreement, Mr. Frazee is Repeated
Following adoption of
If the
It is proposed that the City
If the Frazees do not sign the required documents for roadway
A
PRevIOUS CoUNcIL ACTION:
Council has authorized:
1. Construction of improvements (May 15, 1984 - Agenda Bill No. 7759).
2. Preparation of plans and specifications (corrpleted by Luke-Dud&, Civil
Engineers, April, 1985).
I
Page 2 of Agenda Bill No. rv?L
FISCAL IMPACT:
!Ihe cost of the District is presently estimated at $43,500. This includes
$4,400 incidental expense and $35,600 for construction and contingencies. Right-f-way costs are not known at this the.
If the right-of-way is not dedicated by the parcel property owners, the appraisal muld then be made and right-f-way costs of aquisition muld then
be required to be added to the assessment on the property.
EXHIBITS:
1.
2.
3.
4.
5.
6.
Location Map.
Notice of Property Owners.
Resolution No. g3.72 adapting Assessment District 86-2 Boundary Map and ordering the City Clerk to file a copy of the map with the County Recorder.
Resolution No.
Appian Road a a Public Hearing for March 4, 1986.
Certificate of Cqliance.
Assessment District Boundary Map.
ordering installation of public improvements on
ORDER OF PROCEDURE
DATE OF MEETING:
STAFF :
STAFF:
CITY COUNCIL:
CITY COUNC IL :
CITY OF CARLSBAD .
ASSESSMENT DISTRICT NO. 86-2 (APPIAN ROAD/CHAPTER 27)
JANUARY 28, 1986
General presentat ion of proposed boundary map showing
parcels proposed to be assessed.
General presentation of extent of works of improvement
to be constructed.
Adopt RESOLUTION ADOPTING MAP.
Adopt RESOLUTION ORDERING INSTALLATION AND INSTRUCTING
NOTICE BE GIVEN.
***
DATE OF PUBLIC HEARING: MARCH 4, 1986
PROPERTY OWNERS HAVE 60 DAYS TO ACCOMPLISH THE WORKS OF IMPROVEMENT AFTER NOTICE IS GIVEN
****
LOCATION MAP
VICINITY MAP
N.T.S.
PROJECT NAME
ASSESSMENT DlSTRlC T 86-2
NOTICE TO CONSTRUCT IMPROVEMENTS
NOTICE IS HEREBY GIVEN by the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, pursuant to the provisions of Division 7, Part 3, Chapter 27, Sections 5870 and 5899, inclusive, of the Streets and Highways Code of the State of California, that the public
works of improvement as set forth below must be constructed in front of the property as
shown on the map attached hereto in a'special assessment district designated as
ASSESSMENT DISTRICT NO, 86-2
(APP IAN ROAD/CHAPTER 27)
(hereinafter referred to as the "Assessment District"). All work and materials used in the construction of the improvement shall conform to the latest standard specifications and plans of the City.
NOTICE IS HEREBY FURTHER GIVEN that if said construction is not commenced within sixty (60) days after this Notice is given, and diligently and without interruption prose- cuted to completion, the Superintendent of Streets shall cause the construction to be done and the costs of said work shall be a lien on the property. If said amount is not paid upon confirmation, serial bonds shall be issued in accordance with Division 7 of
the Streets and Highways Code ("Improvement Act of 1911") to represent each assessment
of One Hundred Fifty Dollars ($150.00) or more remaining unpaid for thirty (30) days
after the date of recordation of the diagram and assessment for this improvement. The serial bonds shall extend over a period not to exceed NINE (9) YEARS from the second day of January next succeeding the next September 1st following their date. The interest rate on said shall not exceed the current legal maximum rate of 12% per annum.
NOTICE IS HEREBY FURTHER GIVEN THAT ON TUESDAY, THE 4TH DAY OF MARCH, 1986, AT THE HOUR OF 6:OO O'CLOCK PA., IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL CHAMBERS, CITY HALL, SAID CITY COUNCIL WILL HEAR AND PASS UPON ANY OBJECTIONS
OR PROTESTS WHICH MAY BE RAISED BY A PROPERTY OWNER OR OTHER INTERESTED PERSON LIABLE TO BE ASSESSED FOR THE COST AND INCIDENTAL EXPENSES OF CONSTRUCTION OF THE IMPROVEMENTS.
NOTICE IS HEREBY FURTHER GIVEN that the estimated cost of the works of improvement, not
including acquisition, as proposed herein and ordered to be done by the property owners is in the amount of $43,000.00, This figure represents the costs of construction and incidental expenses, if the work is done by the City,
A permit is required for doing the works of improvement, and reference is made to the plans and specifications as on file with the transcript of these proceedings for all
particulars as to the construction details.
A general description of the works of improvement is the construction of certain fronting improvements, including grading, excavation, paving, vegetation, curbs and gutters and sidewalks, together with appurtenances and appurtenant work, In a speci a1 assessment district known as ASSESSMENT DISTRICT NO. 86-2 (APPIAN ROAD/CHAPTER 27).
For any and all information relating to these proceedings, including information relating to the protest procedure, your attention is directed to the person designated
bel ow:
JIM McLEAN, PROJECT MANAGER
CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008
TELEPHONE : (619) 438-5540
DATED : , 1986.
C1 I Y CLtKK CITY OF CARLSBAD STATE OF CALIFORNIA
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
20
RESOLUTION NO. 8377
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MAP SHOWING THE GENERAL NATURE AND
LOCATION OF CERTAIN PUBLIC WORKS OF
IMPROVEMENT AND SHOWING THE PROPOSED
BOUNDARIES OF THE ASSESSMENT DISTRICT
TO BE ASSESSED FOR SAID IMPROVEMENT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, has been presented and has received a map showing the
general nature, location and extent of the proposed improvement
work, and also designating and describing the boundaries of the
area proposed to be assessed in an assessment district under the
provisions and authority of Chapter 27 of the "Improvement Act of
1911", being Division 7 of the Streets and Highways Code of the
State of California; said assessment district designated as
ASSESSMENT DISTRICT (APPIAN ROAD/CHAPTER 27) .
(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 showing
the general nature, location and extent of the proposed public
improvement work, and also showing the boundaries of the proposed
Assessment District and lands and property to be assessed to pay
the costs and expenses of the proposed improvements designated as
"PROPOSED BOUNDARIES OF
(APPIAN ROAD/CHAPTER 27)" ASSESSMENT DISTRICT NO. 86-2
is hereby submitted, and the same is hereby approved and adopted.
6
SECTION 3. That the original map of said proposed bounda-
ries of the proposed Assessment District and one copy thereof is
to be filed in the Office of the City Clerk.
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 within
fifteen (15) days after the adODtion of the Resolution fixing the
time and place of hearing on the formation or extent of said
Assessment District, a copy of said map shall be filed with the
correct and proper endorsements thereon with the County Recorder,
all in the manner and form provided for in Section 3111 of the
Streets and Highways Code of the State of California.
PASSED, APPROVED and ADOPTED at a regular meeting of the
City Council held on the 28th day of January , 1986, by
the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST :
(SEAL)
7
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
RESOLUTION NO. 8373
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ORDERING THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS WITHIN A BLOCK, AND INSTRUCTING THE SUPERINTENDENT OF STREETS
TO GIVE NOTICE AND ORDER THE CONSTRUCTION OF SAID IMPROVEMENT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA
is desirous to institute proceedings pursuant to the provisions of
Chapter 27 of the "Improvement Act of 1911", being Division 7 of
the Streets and Highways Code of the State of California, for the
construction of certain authorized improvements and acquisition of
rights-of-way, if necessary, in a special assessment district
known and designated as
ASSESSMENT DISTRICT NO. 86-2
(APPIAN ROAD/CHAPTER 27)
(hereinafter referred to as the "Assessment District); and,
WHEREAS, Sections 5875 and 5876 of said Streets and Highways
Code authorize the legislative body, upon its own motion, to order
the installation of authorized improvements in front of properties
with the costs thereon to be assessed as set forth under the
provisions of said Chapter 27.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all true and correct.
DESCRIPTION Of IMPROVEMENT
SECTION 2. That the public interest and convenience
requires, and this legislative body hereby orders the construction
and installation of certain fronting improvements, includinq
1
E
1 c
4
E
€
7
E
9
1c
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
grading, excavation, paving, vegetation, curbs and gutters and
sidewalks, together with appurtenances and appurtenant work, in a
special assessment district known as ASSESSMENT DISTRICT NO. 86-2
(APPIAN ROAD/CHAPTER 27).
PLANS
SECTION 3. All of the above mentioned works of improvement
shall be generally constructed at the grades, along the lines,
between the points, and at the places and in the manner as shown
on the plans for said work designated by the number and name of
the Assessment District, which said plans are hereby approved and
adopted. For all particulars as to the alignment of the work and
a full and detailed description, reference is hereby made to said
plans and specifications as on file in the Office of the
Engineer.
AREA OF BENEFIT
SECTION 4. That the works of improvement, in the opinion of
this legislative body, will benefit the abutting and fronting
properties within said block, and this legislative body hereby
makes the expenses of said improvement chargeable upon the
property or properties within the boundaries of the Assessment
District, which District is declared to be the area and abutting
properties benefiting by the work and improvements. For a
general description of the Assessment District and area of
benefit, reference is made to a map of said District hereto
approved and, said map identified by the name of number of this
Assessment District, and said map shall be kept on file with the
ic inspection. transcript of these proceedings and open to pub
1
2
Z a.
4
5
E
7
e
9
1c
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESPONSIBILITY OF PROPERTY OWNER
SECTION 5. Pursuant to the provisions of Se tion 5875 of
Chapter 27 of the "Improvement Act of 1911", it is hereby
declared to be the responsibility of the owner of the lot, lots
or portions of lots fronting on the public street where this
legislative body, pursuant to said Section, by its own motion,
orders the installation of the improvements, and the property
owners shall have the duty and responsibility of constructing or
causing the construction of said improvements in front of their
properties within sixty (60) days upon notice so to do by the
Superintendent of Streets. If the work is not performed by the
property owners within said period, the Superintendent of Streets
shall proceed to cause said work to be completed.
IMPROVEMENT ACT
SECTION 6. That all of the work and improvements herein
proposed shall be done and carried through and financed pursuant
to the provisions of Chapter 27 of the "Improvement Act of 1911",
being Division 7 of the Streets and Highways Code of the State of
California. For all particulars, reference is made to said
IIAct", and the provisions contained therein.
PUBLIC HEARING
~~ ~
SECTION 7. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 4TH
DAY OF MARCH, 1986, AT THE HOUR OF 6:OO O'CLOCK P.M., IN THE
REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL
CHAMBERS, CITY HALL, ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO
THE PROPOSED WORK OR IMPROVEMENT OR THE PROCEDURE ESTABLISHED
11
1:
1;
1;
11
If
1t
1';
1E
IS
2c
21
22
23
24
25
26
27
28
HEREIN SHOULD APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE
DONE OR CARRIED OUT IN ACCORDANCE WITH THIS RESOLUTION.
BONDS -
SECTION 8. If the work is done by the City, and if the
assessment cost is not paid upon confirmation of the assessment,
serial bonds shall be issued in accordance with Division 7 of the
Streets and Highways Code ("Improvement Act of 1911") to repre-
sent each assessment of One Hundred Fifty Dol ars ($150.00) or
more remaining unpaid for thirty (30) days after the date of
recordation of the diagram and assessment for this improvement.
The serial bond shall extend over a period not to exceed NINE (9)
YEARS from the second day of January next succeeding the next
September 1st following their date. The interest rate on said
bonds shall not exceed the current legal maximum rate of 12% per
annum.
JOTICE
SECTION 9. The Superintendent of Streets is hereby directed
to notify the owner or person in possession of the properties
fronting on that portion of the street in the block where the work
is to be constructed and directing them to construct or cause to
be constructed the improvements within sixty (60) days after
notice is given, and to diligently and without interruption prose-
cute to completion said work.
A. Notice shall be given by delivering a
written notice personally to the owner or to the person in posses-
sion of the property fronting the improvements, OR by mailing a
postal card, postage prepaid, to the person at his last known
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
address as the same appears on the last equal
used by th City for tax collection, or to the
the person owning such property as shown in
City Clerk.
zed assessment roll
name and address of
the records of the
B. The Superintendent of Streets shall also
immediately cause a copy of said notice, printed on a card not
less than eight (8) inches by ten (10) inches in size, to be
posted in a conspicuous place on the property.
C. The City Clerk shall cause a copy of the
proposed boundary map to be filed in the Office of the County
Recorder within fifteen (15) days after the adoption of this
Resolution setting a time and place for public hearing.
COST ESTIMATE
SECTION 10. The estimated cost of the works of improvement,
including incidental expenses without costs of acquisition, as
proposed under these proceedings is as follows:
ESTIMATED CONSTRUCTION COSTS: $35,600.00 ESTIMATED INCIDENTAL EXPENSES: $ 7,400.00
TOTAL ESTIMATED COST: $43 , 000.00
PROCEEDINGS INQUIRIES
SECTION 11. For any and all information relating to these
proceedings, including information relating to the protest
procedure, your attention is directed to the person designated
below:
JIM McLEAN, PROJECT MANAGER
'CITY OF CARLSBAD
1200 ELM AVENUE CARLSBAD, CA 92008 TELEPHONE: (619) 438-5540
1
f
7
E
5
1c
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED and ADOPTED at a regular meeting of the
City Council held on the 28th day of January , 1986, by
the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None .I
ATTEST:
ALETHA L. RAUTENKRANZ, City Cy rk
( SEAL)
CERTIFICATE OF COMPLIANCE
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
ALETHA RAUTENKRANZ, under penalty of' perjury, hereby CERTIFIES that the undersigned is the duly appointed, qualified and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA.
Acting in my official capacity, I gave notice to construct improvements in a special
assessment district known and designated as
ASSESSMENT DISTRICT NO. 86-2
(APPIAN ROAD/CHAPTER 27)
(hereinafter referred to as the "Assessment District") in the following manner:
Personal service was made on the property owners on the - day of ,, 1986. *
OR, IN THE ALTERNATIVE,
A copy of said Notice was mailed, postage prepaid, on the 1986, to the person in possession of said property or to- owner thereof at hi;
last known address as the same appears on the last equalized assessment of the County, or as their names and addresses are known to me. A copy of said Notice is att ached her et 0.
day of _,
A copy of said Notice, printed on a card not less than eight (8) inches by ten (10)
of , 1986. inches in size, was posted in a conspicuous place on the property on the day
A CODY of the DroDosed boundarv map of the Assessment District was filed in the
Off ice of the County Recorder on- the . , 1986, being
within fifteen (15) days after the amof the Resolution Setting Public Hearing.
day of
Fi.ling data is as follows:
day of , 1986, at Carlsbad, California. - EXECUTED t h i s
CITY OF CARLSBAD STATE OF CALIFORNIA
NOTICE TO CONSTRUCT IMPROVEMENTS
NOTICE IS HEREBY GIVEN by the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA,
pursuant to the provisions of Division 7, Part 3, Chapter 27, Sections 5870 and 5899,
inclusive, of the Streets and Highways Code of the State of California, that the public works of improvement as set forth below must be constructed in front of the property as shown on the map attached hereto in a special assessment district designated as
ASSESSMENT DISTRICT NO. 86-2
(APPIAN ROAD/CHAPTER 27)
(hereinafter referred to as the "Assessment District"). All work and materials used in the construction of the improvement shall conform to the latest standard specifications and plans of the City.
NOTICE IS HEREBY FURTHER GIVEN that if said construction is not commenced within sixty
(60) days after this Notice is given, and diligently and without interruption prose-
cuted to completion, the Superintendent of Streets shall cause the construction to be
done and the costs of said work shall be a lien on the property. If said amount is not
paid upon confirmation, serial bonds shall be issued in accordance with Division 7 of
the Streets and Highways Code ("Improvement Act of 1911") to represent each assessment
of One Hundred Fifty Dollars ($150.00) or more remaining unpaid for thirty (30) days
after the date of recordation of the diagram and assessment for this improvement. The serial bonds shall extend over a period not to exceed NINE (9) YEARS from the second day of January next succeeding the next September 1st following their date. The interest rate on said shall not exceed the current legal maximum rate of 12% per annum.
NOTICE IS HEREBY FURTHER GIVEN THAT ON TUESDAY, THE 4TH DAY OF MARCH, 1986, AT THE HOUR
OF 6:OO O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL CHAMBERS, CITY HALL, SAID CITY COUNCIL WILL HEAR AND PASS UPON ANY OBJECTIONS OR PROTESTS WHICH MAY BE RALSEO BY A PROPERTY OWNER OR OTHER INTERESTED PERSON LIABLE TO BE ASSESSED FOR THE COST AND INCIDENTAL EXPENSES OF CONSTRUCTION OF THE IMPROVEMENTS.
NOTICE IS HEREBY FURTHER GIVEN that the estimated cost of the works of improvement, not
including acquisition, as proposed herein and ordered to be done by the property owners is in the amount of $43,000.00. This figure represents the costs of construction and incidental expenses, if the work is done by the City.
A permit is required for doing the works of improvement, and reference is made to the plans and specifications as on file with the transcript of these proceedings for all particulars as to the construction details.
A general description of the works of improvement is the construction of certain
fronting improvements, including grading, excavation, paving, vegetation, curbs and
gutters and sidewalks, together with appurtenances and appurtenant work, in a special
assessment district known as ASSESSMENT DISTRICT NO. 86-2 (APPIAN ROAD/CHAPTER 27).
For any and all information relating to these proceedings, including information relating to the protest procedure, your attention is directed to the person designated
bel ow:
JIM McLEAN, PROJECT MANAGER CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 TELEPHONE: (619) 438-5540
DATED: 28, , 1986. v I
I
CITY OF CARLSBAD STATE OF CALIFORNIA
_-
,
[TO BE PLACED ON CITY STATIONERY]
(Date)
(Name and address of Property Owner)
RE: ASSESSMENT DISTRICT NO. 86-2 ( APP IAN ROAD/CHAPTER 27)
Dear Property Owner:
Enclosed herein please find your legal Notice as it relates to the proceedings for
the formation of a special assessment district which will allow for the completion
of certain public improvements, specifically those fronting your property. Upon
receipt of the legal Notice, you have sixty (60) days to commence the construction of the frontage public improvements. If the construction is not commenced within sixty (60) days, the wark shall then be performed by the City,
Please note that the Notice sets forth the estimate of the costs of the improve- ments and incidental expenses of the proceedings, not including acquisition, if the work is performed by the City to be $43,000.00. This Notice does not include any costs for acquisition of right-of-way, and if the right-of-way is not dedicated to the City, it will be necessary to increase the estimated cost estimate and assess- ment by all costs of right-of-way, including cost for land acquisition, appraisals, negotiations and legal fees.
Also note that the City Council has set a time and place for the public hearing to be the 4th day of March, 1986, at 6:OO P.M. in the Council Chambers, City Hall, Carlsbad, CA.
If you have any questions at all regarding the proceedings, please feel free to contact the following:
JIM McLEAN, PROJECT MANAGER CITY OF CARLSBAD 1200 ELM AVENUE
CARLSBAD, CA 92008
TELEPHONE: (619) 438-5540
Very truly yours,
A.
JUNE 13, 1984
TO : CITY COUNCIL
VIA: City Manager
FROM: City Engineer
AB7759 APPIAN WAY HALF STREET
On May 15, 1984, you passed an agenda bill which provided
for the building of a 220-foot section of street at
2410 Appian Way. Because of the safety hazard which exists at this location plus other mitigating circumstances, the
street was to be constructed at City expense.
Subsequent to that date additional information was received
which showed that the owners, John and Diane Frazee, had
signed an agreement with the City in March of 1965 which stipulated they agreed to install. and pay for the street improvements in front of their property upon written notice by the City. At the time the owners were in the process of splitting their lot and they granted the City a lien against
the property to secure the performance of the improvements
which include and are not limited to grading and paving of adjacent streets and public ways to their center lines, installation of concrete curbs, gutters, and sidewalks abutting all street frontages of property and the planting of street trees. If the owners fail to install and pay for these improvements when required by the City, then we may install the improvements and the owner is required to pay
the City.
Therefore, we are notifying Mr. & Mrs. Frazee of these facts,
asking them to install the improvements, and informing them of the options involved. Because of the change in the facts in this particular instance, we will not be proceding with the Council's action as outlined in -7759.
he-
RONALD A. BECKMAN
RAB:MB:mmt
ACTION TAB i
0 FOR YOUR INFORMATION 0 OKAY TO PAY?
0 ACKNOWLEDGEMENT ACCT. NUMBER
0 DELIVERY COPY
0 MERCHANDISE RECEIVED?
0 ORDER COMPLETE?
0 PINK COPY PURCHASE ORDER 0 FOR YOUR SIGNATURE
0 REQUEST FOR WARRANT
0 REQUISITION P.O.
0 P.O. CHANGE
J
n c
U Y
S I G N ATU R E :
1 Harrison Risk Management
2120 Jimmy Durante Blvd. Suite U Del Mar, California 92014 7141481-1569 . April 15, 1983
To: Ruth Fletcher, Risk Mgt, Coordinator from: Powell Harrison, Safety Engineer
Re: Appian Road S/O, Elm
I have to agree with MarilyaMuntz and Dan Hentschke that the dirt bank presents a problem both for opposing traffic and for vehicles leaving the driveway of the adjacent property.
Considering the low likelihood of development of this adjacent property in the forseeable future, I suggest these ideas to improve safety in this block:
.
1. Cut the bank back, using City forces, as far as possible within the
right of way, without endangering the adjacent property. Do not improve -
the uncovered R/W surface, but:
- 2. Instal? an angled berm, leading from the existing north curb ljne to what is now the NE corner of the dirt bank. to the berm. AJso: Apply reflective paint
3. - Install yellow centerline striping on the paved traveled way. CAL/TRANS Traffic Manual Sec. 6-02-1 states that centerlines need not be a.t.the geometrical center of the p.avement, and that short sections of striping are reasonable for specific locations.
4. Provide ultimate improvement of the section through.the Capital Improvement Plan, and investigate the possibility of a lien against future subdivision for current improvement. assessment district as suggested by Richard Allen. An alternative is to form an
-
~ I also suggest that Kent Whitson of SANDAG review the location on his next trip to the City. marker (end of street) vs. use of arrows (sign No. 1557) or chevrons (1.181) for improved guidance. 4-27 and 4-34.
He may also want to comment on the red Type N object
See CALjTRANS Traffic Manual fig. 6-38 and pp.
Program Improvement 81 Loss Prevention Training E Personnel
I' !? , i
,
. ._
..
c
1200 ELM AVENUE
CARLSBAD, CA 92008-1989
Offlce of the City Clerk
Citp of darla’bsb
February 7, 1986
F. Mackenzie Brown
Attorney at Law
P.O. Box 8025
Fairbanks Ranch Plaza
Rancho Santa Fe, CA 92067
Re: Assessment District No. 86-2 (Appian Road/Chapter 27)
Enclosed for your records are copies of the following documents:
1. Annotated Instruction Sheet
2. Completed Certificate of Compliance
If you have any questions regarding this matter, don’t hesitate
to contact this office.
J Deputy City Clerk
Encs .
TELEPHONE
(619) 438-5535
cc: Jim McLean, Project Manager
Vincent F. Biondo, Jr., City Attorney
CERTIFICATE OF COMPLIANCE
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
ALETHA RAUTENKRANZ, under penalty of perjury, hereby CERTIFIES that the undersigned
is the duly appointed, qualified and acting CITY CLERK of the CITY OF CARLSBAD,
CALIFORNIA.
Acting in my official capacity, I gave notice to construct improvements in a special
assessment district known and designated as
ASSESSMENT DISTRICT NO. 86-2 (APPIAN ROAD/CHAPTER 27)
(hereinafter referred to as the "Assessment District") in the following manner:
day of - Personal service was made on the property owners on the
1986. Y
OR, IN THE ALTERNATIVE,
A copy of said Notice was mailed, postage prepaid, on the
last known address as the same appears on the last equalized assessment of the County, or as their names and addresses are known to me. A copy of said Notice is
attached hereto.
stday of 1986, to the person in possession of said property or to % e- owner
A copy of said Notice, printed on a card not less than eight (8) inches by ten (10)
inches in size, was posted in a conspicuous place on the property on the 31~7 day of XC1.t-uPp+ , 1986.
A copy of the proposed boundary map of the Assessment District was filed in the
Office of the County Recorder on the JT~ day of Y , 1986, being within fifteen (15) days after the amof the R&t?on Setting Public Hearing.
Filing data is as follows:
86- oLl7-f
EXECUTED this 6 yh day of 3- , 1986, at Carlsbad, California. I
CITY OF CARLSBAD STATE OF CALIFORNIA
AGENCY: CITY OF CARLSBAD
PROJECT: ASSESSMENT DISTRICT NO. 86-2
(APPIAN ROAD/CHAPTER 27)
INSTRUCTIONS
(CHAPTER 27)
Upon adoption of the initiating Resolution for the Chapter 27 proceedings, pursuant
to the provisions of the "Improvement Act of 1911, the following Notice should be
given :
PERSONAL SERVICE -- OR -- MAIL
Notice to the owner or person in possession of the property should be given by deli- very of written notice personal1 to the owner or person in possession. If personal service is unable to be + o taine then a copy of said Notice should be, in the alter- i13r~Pb native, mailed to the owner or person in possession of such property, postage pre- paid, as the name and address appears on the last equalized assessment roll used by -auz the City, or to the name and address of the person or persons owning such property as
known to the City Clerk. Notice by personal service or by mail shall be accomplished at least TEN (10) DAYS prior to the date set for the Public Hearing.
POSTING
A copy of the Notice printed on a card of not less than eight (8) inches by ten (10) ,/g& inches in size should be posted in a conspicuous place on the affected property.
Notice by posting shall be accomplished at least TEN (10) DAYS prior to the date set for the Public Hearing.
The original of the proposed boundary map is to be on file in the Office of the City Within FIFTEEN (15) DAYS after the adoption of the Resolution Setting the
&Time and Place for Public Hearing, a copy of said proposed boundary map shall be filed in the Office,of the County Recorder.
2\41f'Clerk.
DATE OF PUBLIC HEARING
The Public Hearing shall be held on Tuesday, the 4th day of March, 1986, at the hour of 6:OO o'clock P.M.
CITY CLERK RECORDS
On file at this time in the Office of the City Clerk should be the following:
A.
B. Copy and original of proposed boundary map.
Complete cost estimate, showing individual units and all incidental expenses;
******
F. MACKENZIE BROWN
ATTORNEY AT LAW
P. 0. BOX 8025, FAIRBANKS RANCH PLAZA
RANCHO SANTA FE, CA 92067
TELEPHONE: (619) 456-1915
,-
F. MACKENZIE BROWN
F. MACKENZIE BROWN
I N CORPO RATED
P. 0. BOX a025 SAN DIEGO 16191 456-1915
ORANGE 1714) 551-1915 FAIRBANKS RANCH PLAZA RONALD E. NULL, A.P.C.
WARREN B. OIVEN LO5 ANGELES 1213) 587-1915
RANCHO SANTA FE. CALIFORNIA 92067 VENTURA (8051 653-1915
RIVERSIDE 1714) 359-5489
January 13, 1986
Aletha Rautenkranz, City Clerk
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
RE: ASSESSMENT DISTRICT NO. 86-2 ( APP IAN ROAD/CHAPTER 27)
Dear A1 et h a :
Enclosed herein please find the following:
1. ORDER OF PROCEDURE: Sets forth the Order of Procedure for the meeting sche-
duled for January-28, 1986.
2. RESOLUTION ADOPTING-MAP: Resolution of the City Council approving the bounda- ries ot the proposed Assessment District.
3. RESOLUTION ORDERING IMPROVEMENTS AND DIRECTING NOTICE: This is the jurisdic- tional Resolution under Chapter T/. settina forth th e intention of the City Council to proceed to order the work and set'ting the public hearing. 1
4. NOTICE TO CONSTRUCT IMPROVEMENTS: This is the formal notice to be delivered
personally, mailed and posted pursuant to the Instruction Sheet.
5. COVER LETTER FORMAT: To be placed on City stationery and to accompany the
Notice given to the property owner.
6. CERTIFICATE OF COMPL-IANCE: all notice requirements. To be executed by the City Clerk upon completion of
7. INSTRUCTION SHEET: Sets forth notice requirements to be immediately met and
accomplished tollowing the adoption of the Resolutions as now proposed for the Jaunary 28th meeting.
***
Now on file in the Office of the City Clerk should be the following:
A. Proposed boundary map;
B. Cost estimate: This document should generally setting forth the following:
(i) cost of construction (ii) cost of incidental expenses
-I
L @+
F. MACKENZIE BROWN
Aletha Rautenkranz, City Clerk
City of Carlsbad
January 13, 1986 Page Two
I N CO R PO RATED
The Notice, as mailed to the property owner, generally includes the following:
A.
B. The estimated cost
C.
D.
A general description of the works of improvement
The time and place for the public hearing Notice that property owner has 60 days to commence construction
At this time the City does not have a deed to the necessary rights-of-way for the works of improvement. If the right-of-way is not dedicated to the City on or before the date set for the public hearing, it will be necessary for the City to initiate proceedings to acquire the right-of-way through eminent domain. Before the work can actually be accomplished, it would then be necessary for an appraisal to be obtained, as well as an offer made to the property owner. Subsequent thereto, it
would be required that a public hearing on the necessity to order eminent domain proceedings be held by the City Council.
I would appreciate receiving conformed copies of the Resolutions upon their
adoption, together with a return of the executed Certificate of Compliance once the
notice requirements have been accomplished.
Upon your review of these documents, if you have any questions, please call.
Very truly yours,
F. MACKENZIE BROWN
FMB:bd encl . cc: Jim McLean, Project Manager Vincent Biondo, Esq., City Attorney