HomeMy WebLinkAbout1986-03-04; City Council; 8495-1; Palomar Airport Road West Assessment District Debt Limit Public Hearing,0
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uL/ CIWOF CARLSBAD - AGENVBILL L
AB# x#k -&/ TITLE: DEPT. HD~
0 3/04/86 PALOMAR AIRPORT ROAD WEST ASSESSMENT CITY A~Y) MTG.
DEPT. ENG CITY MGRx
RECOMMENDED ACTION:
DISTRICT DEBT LIMIT PUBLIC HEARING
If a majority of property owners are in favor of the Assessment District:
1. By motion Adopt Resolution No. /??&f Overruling and
2. By motion Adopt Resolution No. /?+y Finding and
Denying Protests;
Determining Public Interest, Convenience and
Necessity (4/5ths. vote required);
Direct staff to proceed with project. 3.
ITEM EXPLANATION:
On January 28, 1986, the City Council adopted Resolution Nos.
8368, 8369, 8370, 8371 adopting proposed boundaries of the Assessment District, making appointments, approving a Debt Limit Report and setting March 4, 1986 as a public hearing.
The boundaries of the district have been recorded with the
County Recorder and all property owners have been sent a copy
of the report including their estimated assessment.
If, after taking public testimony, Council wishes to proceed
with the district, the recommended actions should be followed.
The next step would be to prepare the plans and specifications,
advertise for bids, and return to Council for the final
assessment district hearing.
If, however, council does not wish to proceed with the project, they should move to abandon the proceedings and
direct staff to return with a Resolution of Abandonment.
FISCAL IMPACT:
Council has previously appropriated $80,000 for the formation
of the district. additional appropriations will be required for the Engineer's Report and design of the road.
money will be reimbursed from the sale of bonds.
The total project cost is estimated to be $5,120,000. This
amount will be assessed among the property owners to be paid
back in monthly installments.
If the proceedings are carried forward,
If the district is formed, all
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Page 2 of Agenda Bill No. fdfl=*/
EXHIBITS:
1. Location Map
2. Order of Procedure
3. Resolution No. &&/ Overruling and Denying Protests.
4. Resolution No. .f& Finding and Determining Public
5. Investigation Report for Palomar Airport Road, dated
Interest, Convenience and Necessity.
January 28, 1986
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I LOCATION MAP ..... :' .. .. .. .. .. .. .. ..
:. .........................
SITE LEGEND
......... ASSESSM ENT DISTRICT
BOUNDARY
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N. T. S.
PROJECT NAME PALOMAR AIRPORT ROAD PRO& No* EXHIBIT -
I ASSESSMENT DISTRI CT 31 51
0 ORDER OF PROCEDURE
CITY OF CARLSBAD
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ASSESSMENT DISTRICT NO. 86-1 ( PALOMAR A I R PORT ROAD)
DATE OF PUBLIC HEARING: MARCH 4, 1986
MAY OR : Announce that this is the time and place for hearing
protests or objections to the I'Report1l, the proposed construction and all related matters in ASSESSMENT
DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD).
CITY CLERK: Report that Notice, pursuant to the provisions of the
Streets and Highways Code, has been given in the
manner and form as required by law, and the following
affidavit is on file:
Certificate of Mailing Notice and Filing Boundary Map.
STAFF: 1. Summarize the contents of the I'Reportt1 pursuant to Division 4 of the Streets and Highways Code of the
State of California; 2. Explain method and formula of assessment spread;
3. Summarize proposed works of improvement.
4. Summarize number of written protests received, and report on percentage (%) of protests by assessable
area.
MAY OR : First, ask to hear from those who have filed written
Next, ask to hear from anyone else who wishes to speak
in opposition.
Then, ask to hear from anyone who wishes to speak in
favor of the proceedings and works of improvement.
protests. -
CITY COUNCIL: Discussion.
STAFF : Report on final percentage of protests (%).
STAFF : Presentation of any possible changes and modifications
to the work, the Debt Report, or the proposed bounda-
ries of the Assessment District.
By Moti,on, Declare the Public Hearing CLOSED. EX14 1 BIT
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CITY COUNCIL:
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ORDER OF PROCEDURE CITY OF CARLSBAD
(PALOMAR AIRPORT ROAD)
PAGE TWO
ASSESSMENT DISTRICT NO. 86-1
DATE OF PUBLIC HEARING: MARCH 4, 1986
IF THE LEGISLATIVE.BODY DESIRES TO PROCEED,\?ITH THE PROJECT:
IF MAJOR CHANGES AND MODIFICATIONS ARE NECESSARY, A RESOLUTION ORDERING CHANGES AND MODIFICATIONS WILL BE PRESENTED
CITY COUNCIL:
CITY COUNC IL :
Adopt RESOLUTION OVERRULING AND DENYING PROTESTS.
Adopt RESOLUTION FINDING AND DETERMINING PUBLIC INTEREST,
CONVENIENCE AND NECESSITY (4/5's vote required).
Direction to proceed with the processing of the Assess-
ment District.
CITY COUNCIL:
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IF THE LEGISLATIVE BODY DOES NOT WISH TO PROCEED WITH THE PROJECT:
CITY COUNCIL: BY MOTION, order the abandonment of the proceedings and direct the preparation of the appropriate Resolution of
Ab andonmen t .
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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 CARLSBi
CALIFORNIA, has by Resolution ordered the preparation of
tlReport" under the provisions of the "Special Assessment Invest
gation, Limitation and Majority Protest Act of 1931", bei
Division 4 of the Streets and Highways Code of the State
California, relating to the construction of certain public WOI
of improvement in a special assessment district known and des.
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 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 commur
cation, gas and power facilities, water lines and drain<
improvements, together with appurtenances, including the acquis
tion of rights-of-way where necessary to accomplish the referenc
improvements; and,
WHEREAS, ;uch "Report" has now been prepared and submitted.
NOW, THEiEFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION -. That the above recitals are all true and correc
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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 th
transcript of these proceedings.
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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 NAP
AND ADDRESSES APPEAR ON THE LAST EQUALIZED ASSESSMENT ROLL AVAI
ABLE ON THE DATE THE "REPORT" WAS COMMENCED, AT THE ADDRESS
SHOWN ON SUCH ROLL, OR AS KNOWN TO THE CITY CLERK, ALL IN 1
MANNER AND FORM AS PROVIDED FOR IN SAID DIVISION 4 OF THE STREI
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 Januarv , 1986, by 1
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST:
(SEAL)
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DESCRIPTION OF WORKS OF IMPROVEMENT EXHIBIT "D"
CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD)
Palomar Airport Road is a primary arterial having a 126 foot right-of-way with three travel lanes in each direction and a median. The proposed improvements to Palomar Airport Road will bring this road to full City standards from Interstate 5 easterly approximately 7,900 lineal feet to the southwesterly boundary of that area known as Carlsbad Tract No. 81-46, Map
11289; and more specifically include:
1) half street improvements with water, drainage, fire hydrants, telephone, gas, electric, traffic control and street lighting from Interstate 5 easterly approximately 370 lineal feet.
full width improvements constructed on line and grade to,- adopted alignment with water, drainage, fire hydrants ,- telephone, gas, electric, traffic control and street lighting from the above-noted half-width improvements easterly approximately 7,530 lineal feet.
Right-of-way will be required for widening and realignment.
Temporary irrigation and erosion control will be installed in the parkway and on banks.
2)
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I-IETHOD AND FORMULA OF ASSESSMENT SPREAD EXHIBIT "E"
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD)
The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the "Municipal Improvement Act of 1913," must be based on the benefit that the properties receive from the works of improvement. The statute does not specify the method of formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is retained for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. For these proceedings, the City has retained the
services of Neste, Brudin & Stone Incorporated; See
Attachment I for a statement of their qualifications and experience.
The Assessment Engineer then makes his recommendation at the public hearing on the Assessment District, and the final-
authority and decision rests with the City after hearing all: testimony and evidence presented at that public hearing. Upon the conclusion of the public hearing, the City must make the final decision in determining whether or not the assess-
ment spread has been made in direct proportion to the benefits received.
Analysis
City of Carlsbad policy Statement No. 33, effective May 29,
1984 sets the policy for use of Assessment Districts to
finance Public Improvements. The improvements include arterial streets identified on the circulation element of the Carlsbad General Plan. It further permits certain improve-
ments within the arterial street right-of-ways to be financed
' and to include, sewers, water lines, drainage and public utilities.
The arterial street to be constructed and financed by this assessment district is a portion of Palomar Airport Road.
This street permits only limited access to adjoining property
and, in general, point access is limited at 2600 feet
intervals.
Benefits and Assessment Criteria
Palomar Airport Road exists and provides an improved two lane traveled way and currently carries a relatively high traffic
volume. Approval of land development adjacent to Palomar I
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Airport Road by the City of Carlsbad has required each land owner to complete this improvement of Palomar Airport Road to
prime arterial street standards. Since two lane traffic capacity now exists, the direct benefit for the widening of
Palomar Airport Road occurs to the immediate adjoining land.
Therefore, the assessing of the cost for the street and
utility improvements and have been made on a frontage basis.
Incidental costs and interest earned during construction were prorated to each of the benefits in accordance with each benefit's share of the total construction costs.
Financing costs were prorated to each of the benefits in accordance with each benefit's share of the total construc- tion, acquisition and incidental costs.
In conclusion, it is my opinion that the assessments for the above-referenced Assessment District have been spread in direct proportion with the benefits that each parcel receives
from the works of improvement.
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DATED : January 17 , 1986
NESTE, BRUDIN & STONE INCORPORATED -
JL QkU SSESSMENT ENGINEER
CITY OF CARLSBAD STATE OF CALIFORNIA
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RESOLUTION NO. g428
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS, AND OVERRULING AND DENYING PROTESTS IN A SPECIAL ASSESSMENT DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNI
has heretofore commenced proceedings pursuant to the provisions o
the "Special Assessment Investigation, Limitation and Majorit
Protest Act of 1931", being Division 4 of the Streets and Highway
Code of the State of California, for the construction of certai
public works of improvement, together with appurtenances an
appurtenant work, in a special assessment district known an
designated as
ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD)
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, a time and place for public hearing, pursuant ti
said "Special Assessment Investigation, Limitation and Majorit,
Protest Act of 1931" has been set; and,
WHEREAS, notice of the public hearing was given in the manne
and form as required by law, and, at the time for said publi
hearing, all protests, written or Oral, to the proceedings, an(
all matters related to the report for the Assessment District
were considered, and all persons had an opportunity to appear anc
present testimony relating to said Assessment District; and,
WHEREAS, at said time of the public hearing, all matters a'
to the method and formula of the assessment spread and the deter-
mination as to whether or not the property did receive a benefit,
and whether the assessments were apportioned in accordance tc
benefit were considered.
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NOW, THEREFORE, IT IS HEREBY. RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct
SECTION 2. That all protests and objections of every kin
and nature be, and the same hereby are, overruled and denied, an
it is further determined that said protests and objections ar
made by the owners of less than one-half (1/2) of the area o
property to be assessed for said improvements within said Assess
ment District.
SECTION 3. That it is hereby further determined that a1
properties within the boundaries of the Assessment Distric
receive a local and direct benefit from the works of improvemen
as proposed for said Assessment District, and it is hereby furthe
determined and declared that all assessable costs and expense
have been apportioned and spread over the properties within th
boundaries of the Assessment District in direct proportion to th
benefits received thereby.
SECTION 4. That the Engineer's method of spread and appor
tionment of all costs is hereby adopted and approved as being
correct and proper apportionment and distribution of a1 1 assess
able costs for these works of improvement.
PASSED, APPROVED and ADOPTED at a regular meeting of the Cit
Council held on the day of , 1986, by th
following vote, to wit: J
AYES:
NAYS:
ABSENT:
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NARY H. CASLtR, Mayor' .
< ATTEST:
ALklHA L. RANTtNKRANL, City Clerk
(SEAL)
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RESOLUTION NO. 242 9
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, FINDING
REST, CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENTS; THAT THE PROJECT IS
FEASIBLE; AND THAT THE LANDS WILL BE ABLE TO CARRY THE BURDEN OF THE PROPOSED ASSESSMENT
AND DETERMINING THAT THE PUBLIC' INTE-
THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DOE
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That all protests and objections be overruled an
denied on the express finding that they are made by the owners o
less than one-half (1/2) of the area to be assessed.
SECTION 2. That the public interest, convenience and neces
sity require certain public works of improvement and appurtenance
and appurtenant work in a special assessment district known ani
designated as
ASSESSMENT DISTRICT NO. 86-1
(PALOMAR AIRPORT ROAD)
(hereinafter referred to as the "Assessment District") substan-
tially as set forth in the "Report" thereof filed under the provi-
sions of the "Special Assessment Investigation, Limitation anc
Majority Protest Act of 1931", being Division 4 of the Streets ant
Highways Code of the State of California.
SECTION 3. That the project is feasible and that the lands
to be assessed will be able to carry the burden of the proposed
assessment, and that the limitations of the amounts of assessments
provided for in Division 4 of the Streets and Highways Code of the
State of California be disregarded both with respect to the
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limitation on the Assessment District, as a whole, and as to th
1 imitation on i nd i vidual speci f i c assessments.
SECTION 4. That by this Resolution, it is the intention o
this City Council to make all findings by the affirmative four
fifths (4/5ths) vote of all members thereof that all determina
tions as to feasibility and necessity to disregard the limitation
and proceedings set up in Division 4 as therein provided be mad
and determined.
PASSED, APPROVED and ADOPTED at a regular meeting of the Cit
Council held on the , day of , 1986, by th
following vote, to wit: 4
AYES:
NAYS:
ABSENT :
NARY H. CASLER, Mayor
ATTEST:
ILtlHA L. RAUltNKRANL t- . 9 ,City Clerk
(SEAL)
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CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD)
INVESTIGATION REPORT
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Pursuant to Special Assessment Investigation,
Limitation and Majority Protest Act of 1931
January 28, 1986
Engineer of Work:
NESTE, BRUDIN & STONE INCORPORATED
Engineers -- Planners
San Diego, California
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NBS Project No: E68-015.008
EXHIBIT !
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.. I AGENCY: CITY OF CARLSBAD
I (PALOMAR AIRPORT ROAD)
PROJECT: ASSESSMENT DISTRICT NO. 86-1
TO : CITY COUNCIL CITY OF CARLSBAD
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INVESTIGATION REPORT
Pursuant to the provisions of the "Special Assessment Inves-
tigation, Limitation and Majority Protest Act of 1931," being
Part 2, Division 4 of the Streets and Highways Code of the
State of California, and in accordance with an order of the
legislative body of the CITY OF CARLSBAD, adopted on the17th.-
day of January , 1986, I submit herewith the following Report.
DATED this 17th day of January , 1986.
NESTE, BRUDIN & STONE INCORPORATED
0-
-ASSESSMENT ENGINEER CITY OF CARLSBAD STATE OF CALIFORNIA
Report approved the 17th day of January , 1986, by the-City Council and filed intheoffice of the City Clerk of the City Council on the 17thday of January, 1986.
CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA
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REPORT 1
1 SECTION 1. That the works of improvement proposed herein are to be constructed in a special assessment district
known and designated as
ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD)
(hereinafter referred to as the "Assessment District") ,
SECTION 2, The following Report is made and filed herein pursuant to the order of the legislative body by the duly appointed ASSESSMENT ENGINEER.
SECTION 3, The boundaries of the District showing the lands to be assessed to pay any part of the cost thereof, are as shown and described in Resolution No. -,
adopted on the day of , 1986, and on a plat or diagram entitled:
"PROPOSED BOUNDARIES OF
(PALOMAR AIRPORT ROAD) 'I
which Resolution and map are on file in the Office of the Clerk and made a part of this Report by reference as though fully set forth herein,
SECTION 4. The estimated cost of the proposed improvements is
as shown on Exhibit "A" attached hereto and made a part hereof,
ASSESSMENT DISTRICT NO, 86-1 q i
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SECTION 5. The assessed value of each parcel to be specially assessed as shown on the last equalized assessment roll available on the date this Report was commenced, the total assessed value of said lands, the true value of said lands, the estimated amount of the assessment to be levied upon each parcel of land to be assessed for said improvements, and the
amount as near as may be determined of the total
principal sum of all unpaid special assessments and
special assessments required or proposed to be levied under any completed or pending assessment proceeding, other than that contemplated in the instant proceedings, whether direct or ad valorem, upon each parcel to be assessed herein, if any, is as shown upon the list thereof hereto attached, marked Exhibit "B", and by reference made a part hereof as though set forth fully herein,
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SECTION 6. The total assessed value of the lands and improve- ments, as well as the true value of said parcels, is
totalled and set forth in Exhibit "B" attached hereto. The true value of the parcels means the fair market value for both the land and improve-
ments, as defined by Article XIIIA of the California Constitution, and as shown upon the last equalized assessment roll of the County.
SECTION 7. The total estimated amount of assessment under this proceeding is $5,120,163.00.
SECTION 8. Serial bonds shall be issued in accordance with Division 10 of the Streets and Highways Code of the State of California (the "Improvement Bond Act of
1915"), to represent all unpaid assessments, and the
last installment of said bonds shall mature a
maximum of TWENTY FOUR (24) YEARS from the 2nd day of September next succeeding twelve (12) months from their date. Said bonds shall bear interest at rate not to exceed the current legal maximum rate of twelve percent (12%) per annum.
adopted pursuant
to Section 2821 of the Streets and Highways Code-of the State of California, is attached hereto, marked
Exhibit "C", and by reference is made a part hereof.
SECTION 10. The redemption provisions of said bonds shall
provide for payment of a premium of five percent
(5%) of the unmatured principal of said bonds for redemption prior to maturity.
SECTION 11. Said proceedings are proposed to be conducted
pursuant to the terms and provisions of the "Munici- pal Improvement Act of 1913," being Division 12 of the Streets and Highways Code of the State of
California.
SECTION 12. That the general nature, location and extent of the proposed works of improvement for this Assessment District, together with appurtenances and appurte- nant work, is as set forth in Exhibit "D" attached hereto and by reference made a part hereof.
SECTION 13. That a statement and explanation of the method and formula of the assessment spread for these proceed- ings and this Assessment District is attached hereto as Exhibit "E1', and by reference made a part hereof.
- SECTION 9. A copy of said Resolution No.
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COST ESTIMATE 0 w EXHIBIT "A"
CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD)
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N I. PUBLIC WORKS OF CONSTRUCTION
TOTAL ---_-____--------------- ---_-_____--_----------- UNIT
DESCRIPTION UNIT COST QUANTITY COST
STREET IMPROVEMENTS
---- ---- -------- ---- -------- ---- ---- ---- ----------- -----------
AC Pavement Schedule H SF $2.25 667500 $1,501,875
Type G Curb LF $7.00 15470 $108 r 290 $110 ,880
AC Paving Overlay 1" SF $0.50 5000 $2,500
Type B-1 Curb LF Sidewalk Remove AC Dyke Median w/Median Lscpe
Street Lights EA $3,000.00 52 $156,000 Parkway Lscpe
Grading CY $2.40 78500 $188,400 Sleeve Extensions LF $15.00 300 $4,500
$7.00 15840 SF $2.25 0 $0 LF $1.50 370 $555 SF $3.50 0 $0
SF $0.80 0 $0 Erosion Control SF $0.40 232000 $92pB00
------------ -----------_
Sub-Total $2,165-;800
WATER IMPROVEMENTS
16" Waterline LF $50.00 6100 $305rOOC Main Relocation LF $50.00 600 $30,00C Valves EA $3 ,000.00 5 $lS,OOC Fire Hydrants EA $2 r500.00 20 $50,00C Relocate PR Valve LS $25,00C ------------ ------------ II Sub-Total $425,00C
DRAINAGE IMPROVEMENTS
Curb Inlets EA $3 r000.00 18 $54,00C
18" RCP LF $40.00 550 - $22,OOC $27,50C
.30" RCP LF $75.00 290 $21175C
36" RCP LF $90.00 580 $52r20C $16r00C
24" RCP LF $50.00 550
French Drain LF $20.00 . 800 Headwalls EA $3 ,000 . 00 26 $78,00C
Sub-Total $271,45C
------------ - ----- ------
UTILITIES
Elec., Tele. & Gas LF $40.00 7500 $300,00C ------------ -----------_
SUB-TOTAL CONSTRUCTION $3,162,25(
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CONSTRUCTION CONTIN. 10% $316,225 ------------ ------------
TOTAL CONSTRUCTION COST $3,478,47! i A- 1
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a 11. RIGHT OF WAY SF $1.50 255000 $382,500
111. PAYMENTS
SDGE LS $0
Pac-Tel LS $0
CRWD LS $0
$0 City of Carlsbad LS
Sub-Total $0
-__--------- ------------ a IV. INCIDENTAL EXPENSES Proj Plan, Design, EIR, Design Survey, Assess
Engin, Soil Engin %
Testing, Constr Mgmt,
Inspec, Plan Ck, Repro,
RW Appraisals, Legal,
RW Agent, Bond Coun,
Cost of Bond Sale, Admin Fee, etc.
$695,695
TOTAL $4,556;67C a V. LESS INTEREST EARNED 3% ($104,351
VI. LESS CASH CONTRIBUTION $(
TOTAL $4,452,31t
------------ __---------- Est at 20% CC 20%
- - - - - - - - - - - - ____--------
- ------ Y VII. FINANCING COST 15% ------- -_
$5,120,16: c TOTAL AMOUNT ASSESSED
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BY HAND DELIVERY
City Clerk City of Carlsbad
1200 Elm Avenue Carlsbad, California 92008
Re:: Assessment District No. 86-1 Parcel No. 21 2-040-26
Nazeah and Josephine Aladray, owners.
In accordance with the provisions of Sections 2856 and 10310 of
the Streets and Highways Code of the state of California, the
undersigned protests the hereinafter described proposed municipal
improvement that is scheduled for a hearing by the Carlsbad City Council at the Council Chambers of the Carlsbad City Hall, 1200
Elm Avenue, Carlsbad, California, at 6:OO p. m. on 4 March 1986. This protest is based upon the following:
1. On or about 28 January 1986, the Carlsbad City Council passed a resolution of intention to order the referenced improvement, to wit: the construction and installation of certain half or full width street improvements in Palomar Airport Road from Interstate 5 running easterly approximately
8,030 feet. A report of such improvement is on file and is a part of the public record herein.
2, The undersigned is the owner of the above referenced Parcel, which is located within the exterior boundaries of the proposed assessment district, i.e., such parcel fronts on Palomar Airport Xoad within the improvement area, and which is more particularly described in attached Exhibit A, incorporated herein by reference.
3, The proposed improvement is not feasible, not in the public interest, and not a matter of convenience and necessity for the following reasons:
a. There will be no benefit to the assessed parcels,
including that parcel owned by the undersigned,
because none of the assessed parcels will enjoy ingress and egress from Palomar Airport Road.
b. The affected parcels are unfairly and unduly
burdened because the City of Carlsbad is not
going to contribute to the costs of the
improvement.
c. The affected parcels are unfairly and unduly
burdened because only the parcels adjacent to
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Palomar Airport Road are assessed rather than all of the parcels in the affected area of improvement.
d. The boundaries of the proposed district are
insufficent because only parcels adjacent to
Palomar Airport Road are included, rather than parcels in the area that will enjoy any benefits
from the proposed improvement, including parcels
further east aild west of the proposed boundaries
and parcels not adjacent to Palomar Airport Road
but nonetheless enjoying substantial benefit from
the proposed improvement.
4. The proposed improvement would cause substantial damage to the undersigned as follows:
a. The proposed estimated assessment of $50,652.90 against the undersigned's Parcel represents more than one half of the Parcel's true value in that the proposed improvement's realignment of Palomar Airport Road will deprive the undersigned of any economically viable use of such Parcel, thereby reducing the value of such Parcel to zero.
b. The undersigned will not be given the opportunity to make beneficial use of the improvement because it will destroy the economic viability of the parcel and because of the lack of any ingress or egress from Palomar Airport Road.
c. The proposed improvement's realignment of Palomar Airport Road result in an improvement that is useless to the undersigned because of the substantial reduction in the size of the Parcel, with the result that there will occur a taking of the larcel without just compensation in violation of the Fifth and Fourteenth Amendments of the United States Constitution.
Wherefore, the undersigned prays:
proposed improvement is not in the public interest;
2. That a, determination be made that such proposed
improvement is not a matter of convenience and necessity and is
not feasible;
1. That the Carlsbad City Council determine that such
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3. That the recommendation(s) contained in the report be
re j ected ; and
4. That the proposed improvement be abandoned.
Dated: 4 March 1986 %e& c /d&/
Nazedh Aladray
3
e 0 .I
SC:-iEDULE C
THE LAN0 REFERRED TO IN THIS POLICY IS SITUATED iN TH€ STATE OF
CALIfORNIAv COUNTY OF SAN DIEGOI AND IS OESCi?.IBED AS FOLCGk+S:
THAT PORTION OF THAT CERTAIN PAI7CEL OF LAND S%k" AI\!O DESIGNATE0 .AS
"DESCRIPTION :do. 3, 78.07 ACXES ON RECORC af SURVEY MAP NO. 5715, FTLEZ
IN THE OFFICE CIF CGUNTY RECORDER CF SAN CIEGO CGUNTYv OECEH9ER 197 19609
t3EING A PORTION QF LOT "G" Of THE i3ANCHO AGCA iiE310NOAt I!.( THE CGUhTY OF
SAN CfEGOv STATE OF CALIFORNIAI ACCCROENC TC .FAP THEREOF hCl. 823, FILE9
DESCRIBED AS FOLLOWS:
YEGINNING AT THE KOST SOUTHERLY CORKE? OF SAID PARCEL 3; THEXCE AlGKG TI-!
NORTHEASTERLY LINE OF PAiiCEi 39 iiiXT+ 39'35'10" REST? 1666.97 FEET TC: TH
LYTEXSECTfGN UITH THE CEXTEq LINE OF ,COGNTY RCAO SURVEY 1534 AS SHO'rdN Ob!
FCGT RADIUS CURVE? CO'iCAVE SdUTHnESTEZLY IN SA1 Z CENT€& LINE? A RAGIAL
LINE t)F hHtCH i3EARS NORTH 25'52'26" EAST TO SAID POINT; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THRCUGH A CENTRAL ANGLE OF
SAID ROAD SURVEY I534 THEiUCE ALONG A RADIAL FII".IE Cf SAID CURVE, SOUTH
L2'S8*L9'' NEST TO THE SCIUTHKESTERLY LINE OF SAID PARCEL DESISNATED
"OESCRIPTION 3" SEING THE TRUE POINT OF BEGINNING THENCE RETRACING NORTH
L2'5d'L9" EAST TO 8419 1200 F901 RADIUS CURVE IN THE CENTER LIN€ OF CCdN
ROAD SURVEY 1534; THENCE WESTERLY ALOEiG SAIC CURVE? 39.26 FEET TO THE
WESTERLY EN0 THEgEOF; THENCE ALONG SAID CENTER CINE TANGENT TO SAID CUKV
XOKTH 78'54'09" KEST 110-74 FEET THENCE SOUTHERLY IN A STRAIGHT LKNE Tt3
THE MOST NORTHERLY CORNER OF THAT PARCEL Of LAND DESIGNATED "DESCRIPTION
IN THE OFFICE OF COUNTY RECORDER CF SAN OIEGO CEUNTYr NOVEXZER 16, 113969
SAID RECORO OF SURVEY HAP FIG- 27L5, SELNG A POINT ON THE ARC OF A 1200
~3-52'3~" A DISTAKCE OF 290.60 FEET TO ENGINEER'S STATICY 99 PLCS 50.0~
NO. 5 103.54 ACRES" ON skro RECORD OF SURVEY NO- 571s; THENCE ALONG THE
qORTHEASTERLY LINE THEREOF, 3EZNG THE SOUTHHESTERLY LINE OF SAC0
"OESCRIPTION NO- 3"t SCUTH 57'12'36" EAST TO THE TRUE POINT OF EEGINiYING
1086409 PAGE 3
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CARlTAS cornmnv
March 4, 1986
Clerk of the City Council
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Dear Clerk of the City Council:
Carltas Co., a California Corporation, hereby protests the proposed
Palomar Airport Road West Assessment District which is also known and
designated as Assessment District No. 86-1 (Palomar Airport Road).
The land to which this protest relates is owned by Carltas Co. within the boundaries of the district including assessor's parcel numbers 211-021-15, 211-021-20, 211-021-18, 211-021-19, 211-040-09, and
The primary basis for this protest is that the bulk of the land
proposed to be assessed is now undeveloped or developed only for
agricultural purposes and is proposed to remain undeveloped and
agricultural for the indefinite future; undeveloped and agricultural lands cannot support assessments of the size proposed. The improve- ments proposed are of no benefit to these undeveloped and agricultural lands which are adequately served by existing improvements which are
built within rights-of-way conveyed to the public by the protestant or its predecessors without any cost to the public. Additional bases
for this protest may be presented at the public hearing.
The protestant may elect to withdraw these protests in accordance
with the law if a more equitable assessment can be developed. It is
the desire of the protestant to be cooperative with the City and its
neighbors to assist in fairly addressing the problems which have led to the proposal for this assessment district. This protest is not
intended to and should not be taken as a refusal to recognize its
responsibilities to its City and its neighbors or as a refusal to fairly participate in any assessment district.
Very truly yours,
211-040-08.
By: fl&.+u?&&
I Paul Ecke, Sr., Vice President !
P
a( ne
P.O. BOX 488 ENCINITAS, CALIFORNIA 92024 U.S.A. 0 TELEPHONE (619) 753-11:
r e Pd&&, % * .-
g@ -!%am 607, &d, q- 92U24
(619) 753 - Y f3.9
March 4, 1986
Clerk of the City Council
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Dear Clerk of the City Council:
Paul Ecke, Sr. hereby protests the proposed Palomar Airport
Road West Assessment District which is also known and designated as Assessment District No. 86-1 (Palomar Airport Road).
The land to which this protest relates is owned by Paul Ecke, Sr. within the boundaries of the district including assessor's parcel number 212-041-05.
The primary basis for this protest is that the bulk of the land proposed to be assessed is now undeveloped or developed only for
agricultural purposes and is proposed to remain undeveloped and agricultural for the indefinite future; undeveloped and agricultura
lands cannot support assessments of the size proposed. The improve ments proposed are of no benefit to these undeveloged and agricultu lands which are adequately served by existing improvements which are built within rights-of-way conveyed to the public by the protestant or his predecessors without any cost to the public. Additional bases for this protest may be presented at the public hearing.
The protestant may elect to withdraw these protests in accordance
with the law if a more equitable assessment can be developed. It is the desire of the protestant to be cooperative with the City and his neighbors to assist in fairly addressing the problems which have led to the proposal for this assessment district. This protest is not intended to and should not be taken as a refusal to recognize my responsibilities to my City and my neighbors or as a refusal to fairly participate in any assessment district.
Very truly yours,
74&4&A.
Paul Ecke, Sr.
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March 4, 1986
Kelly Trust
Richard and Pat Kelly
2770 Sunnycreek Road
Carlsbad, CA 92008
Carlsbad City Council
City Council Chambers
Carlsbad, CA 92008
Mayor Castler and members of the council,
We are hereby responding to the proposed formation of assessment district
No. 86-1 (Palomar Airport Road), City of Carlsbad.
We own the following assessed parcels all of which are in the proposed
district: 212-040-32, 35, 36, 37, 38, totaling approximately ninety acres.
We hereby protest and object to the formation of said assessment district
86-1 as presently proposed for the following reasons:
1) The total assessment against our property is $884,737.32 which
places an unrealistic economic burden on this property.
2) This property is presently zoned agriculture under the Local
Coastal Program and our development rights are uncertain.
Palomar Airport Road is a prime arterial and it benefits all
of the people of the City of Carlsbad, therefore the City,
through the use of its already collected Public Facilities
Fees, should pick up the largest share of the cost. We have
already waived direct access to Palomar Airport Road.
3)
4) We lack adequate knowledge of the proposed Road and Bridge
Assessment District and how that District will additionally
burden this property.
Dated this 4th day of March, 1986.
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