HomeMy WebLinkAbout1986-03-25; City Council; 7612-1; Cynthia Lane AD 86-03 Project 3161t CIT” OF CARLSBAD - AGENT- BILL l$’ OM 8 , , AB# % /+““I TITLE:
MTG.O3/25/86 CYNTHIA LANE ASSESSMENT DISTRICT 86-3 (-lTYAJ-TY
DEPTJNG PROJECT 3161
I RECOMMENDED ACTION:
By motion adopt Resolution No. 8q.5f 86-3. Adopting Boundary Map
By motion adopt Resolution No. zq3-9 Making Appointments and approving a Special Council Agreement with F. Mackenzie Brown for legal services.
By motion adopt Resolution No. $'L~&cJ of Certain Improvements. Ordering Installation
ITEM EXPLANATION:
In January 1984 (Agenda Bill 7612) Council directed staff to prepare documents to form Cynthia Lane Assessment District. Willdan Associates have been retained as Assessment Engineers and Plans and Specifications have been prepared for app.roxi- mately 630 lineal feet of improvements east of Gregory Drive. An informal hearing was held with the affected property owners and at the present time 73% have signed a petition requesting District formation. Sixty percent (60%) participation by property owners is the minimum to form a District under the 1911 Chapter 27 proceedings.
I FISCAL IMPACT:
The total project cost is estimated to be $271,525, which will be totally paid by the property owners within the Assessment District. The City Council has previously budgeted $30,000, to form the District and prepare Plans and Specifications. This amount will be fully recovered from the bond sale proceeds.
EXHIBITS:
1. 2. 3. 4. 5.
6. 7. 8. 9. 10.
Location Map Order of Procedure Resolution No. fq.5p Adopting Boundary Map 86-3 Resolution No. Resolution No. Making Appointments gqg9 pq~~ Ordering Installation of Improvements Typical Notice to Construct Legal Notice Certificate of Compliance Boundary Map 86-3 Special Council Agreement with F. Mackenzie Brown
LOCATION MAP E
PRELIIVJNARY
DJ~7-~ICT SO
STRATFC’RD LN.
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CITY MAP BOOK PAGE 2
PROJECT NAME PROJ. EXHIBI’I PRELMNARY CYNTHIA LANE NO.
ASSESSSMENT ~/S7%lC;r. 3161 ’ c-&
ORDER OF PROCEOURE
DATE OF MEETING: MARCH 18, 1986
STAFF: A. General presentation of extent of works of improve-
ment as proposed for construction.
CITY COUNCIL:
CITY COUNCIL:
CITY COUNCIL:
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 86-3
(CYNTHIA LANE)
B. General presentation of proposed boundary map show-
ing parcels proposed to be assessed.
Adopt RESOLUTION ADOPTING MAP.
Adopt RESOLUTION MAKING APPOINTMENTS.
Adopt RESOLUTION ORDERING INSTALLATION AND INSTRUCTING
NOTICE BE GIVEN.
***
DATE OF PUBLIC HEARING: APRIL 22, 1986
PROPERTY OWNERS HAVE 60 DAYS TO ACCOMPLISH THE
WORKS OF IMPROVEMENT AFTER NOTICE IS GIVEN
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EXHIBIT 2
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RESOLUTION NO. 8458
2 RESOLUTION OF THE CITY COUNCIL OF THE
3 CITY OF CARLSBAO, CALIFORNIA, ADOPTING
A MAP SHOWING THE GENERAL NATURE AND
4 LOCATION OF CERTAIN PUBLIC WORKS OF
IMPROVEMENT AND SHOWING THE PROPOSED
5 BOUNDARIES OF THE ASSESSMENT DISTRICT
TO BE ASSESSED FOR SAID IMPROVEMENT
6 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAO, CALIFORNIA
7 has been presented and has received a map showing the general
8 nature, location and extent of the proposed improvement work, and
9 also designating and describing the boundaries of the area pro-
lo posed to be assessed in an assessment district under the provi-
11 sions and authority of Chapter 27 of the "Improvement Act of
l2 1911”, being Division 7 of the Streets and Highways Code of the
l3 State of California; said assessment district designated as
14 ASSESSMENT DISTRICT NO. 86-3
15 (CYNTHIA LANE)
16 (hereinafter referred to as the "Assessment District").
17 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
18 SECTION 1. That the above recitals are all true and correct.
19 SECTION 2. That a map of the Assessment District showing the
2* general nature, location and extent of the proposed public
21 improvement work, and also showing the boundaries of the proposed
22 Assessment District and lands and property to be assessed to pay
23 the costs and expenses of the proposed improvements designated as
24 "PROPOSED BOUNDARIES OF
ASSESSMENT DISTRICT NO. 86-3
25 (CYNTHIA LANE)"
26 is hereby submitted, and the same is hereby approved and adopted.
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SECTION 3. That the original map of said proposed boundaries
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 adoption 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 25th day of March , 1986, by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
L J. &&+
MARY H.ijCASLER, Mayor
ATTEST:
ALETHA L.
(SEAL)
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RESOLUTION NO. 8459
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 assessment district,
under the provisions and authority of Chapter 27 of the "Improve-
ment Act of 1911”, being Division 7 of the Streets and Highways
Code of the State of California, for the construction of certain
authorized works of improvement, said assessment district to be
known and designated as
ASSESSMENT DISTRICT NO. 86-3
(CYNTHIA LANE)
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, at this time the City Council is desirous of making
the required appointments and designating persons to perform
certain duties, in order to allow the proceedings to go forward to
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 correct.
SECTION 2. That the City Engineer, is hereby
appointed to perform all of the duties and functions of the
Superintendent of Streets for the above referenced Assessment
District.
SECTION 3. That the place for recordation of the assessment
roll and diagram shall be in the Office of the Superintendent of
Streets, and said assessment roll and diagram, upon recordation,
shall be kept as a permanent record.
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SECTION 4. That WILLDAN ASSOCIATES is hereby appointed as
the ENGINEER OF WORK for purposes of preparation of plans, speci-
fications, assessment roll and diagram, and all other works
related to these proceedings for this Assessment District.
SECTION 5. That F. MACKENZIE BROWN, INC., Attorneys at Law,
is hereby appointed as Special Counsel for the purposes of
preparing proceedings and issuing an approving opinion attesting
to the validity of the proceedings and the enforceabillity of the
bonds, pursuant to the terms and conditions of a Special Counsel
Agreement submitted herewith, which Agreement is hereby accepted
and approved by execution by the Mayor and City Clerk.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council held on the 25th day of March , 1986, by the
following vote, to wit:
AYES : Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES : None
ABSENT: None
L./
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MARY CASLjZR, M'
j---L/-
ayor
ATTEST:
(SEAL)
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I I.
RESOLUTION NO. 8460
RESOLUTION OF THE CITY COUNCIL, OF THE CITY
OF CARLSBAD, CALIFORNIA, ORDERING THE
INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS
WITHIN A BLOCK, AND INSTRUCTING THE SUPERIN-
TENDENT 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 in a special
assessment district known and designated as
ASSESSMENT DISTRICT NO. 86-3
(CYNTHIA LANE)
(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; and,
WHEREAS, a petition has been signed and filed by property
owners of more than 60% of the front footage of the block,
requesting the installation of the proposed improvements.
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 installation
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of the following public improvement work:
Constructing approximately 630 lineal feet of new 36 foot
wide (curb to curb) street, including necessary grading, asphalt
pavement and base, and Portland cement concrete curb and gutter,
the installation of street lights, the installation of approxi-
mately 570 lineal feet of 6 inch water main and appurtenances,
including but not limited to, one fire hydrant, water services and
necessary valves, the installation of approximately 430 lineal
feet of 6 and 8 inch sewer main and appurtenances, including but
not limited to, sewer laterals, access holes and cleanouts.
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 Superin-
tendent of Streets.
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
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roperties benefiting by the work and improvements. For a general
escription of the Assessment District and area of benefit,
eference is made to a map of said District hereto approved and,
aid map identified by the name of number of this Assessment
istrict, and said map shall be kept on file with the transcript
f these proceedings and open to public inspection.
RESPPNSIl$ILITY PF PROPERTY OWNER
SECTION 5. Pursuant to the provisions of Section 5875 of
hapter 27 of the "Improvement Act of 1911”, it is hereby declared
o be the responsibility of the owner of the lots or portions of
ots fronting on the public street where this leqislative body,
ots fronting on the public street where this legislative body,
ursuant to said Section, by its own motion, orders the installa-
ion of the improvements, and the property owners shall have the
uty and responsibility of constructing or causing the construc-
ion of said improvements in front of their properties within
ixty (60) days upon notice so to do by the Superintendent of
treets. If the work is not performed by the property owners
ithin said period, the Superintendent of Streets shall proceed to
ause said work to be completed.
IMPROVEMENT ACT .c -
SECTION 6. That all of the work and improvements herein
rooosed shall be done and carried through and financed pursuant
o the provisions of Chapter 27 of the "Improvement Act of 1911”,
eing Division 7 of the Streets and Highways Code of the State of
alifornia. For all particulars, reference is made to said "Act",
lnd the provisions contained therein.
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SECTION 7. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 22ND
DAY OF APRIL, 1986, AT THE HOUR OF 6:00 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
HEREIN SHOULD APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE
DONE OR CARRIED OUT IN ACCORDANCE WITH THIS RESOLUTION.
BON@
SECTION 8. If the work is done by the City, and if the
asses%ent 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 represent
each assessment of One Hundred Fifty Dollars ($150.00) or more
remaining unpaid for thirty (30) days after the date 'of the
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
bonds shall not exceed the current legal maximum rate of 12% per
annum. The redemption provision of said bonds shall further
provide a premium of 5% of the unmatured principal if said bonds
are redeemed prior to maturity.
NOTICE
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
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notice is given, and to diligently and without interruption
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prosecute to completion said work.
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A. Notice shall be given by delivering a written
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notice personally to the owner or to the person in possession of 6
the propert.y fronting the improvements, OR by mailing a postal 7
card, postage prepaid, to the person at his last known address as
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the same appears on the last equalited assessment roll used by the
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City for tax collection, or to the name and address of the person
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owning such property as shown in the records of the City Clerk. 11
B. The Superintendent of Streets shall also
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immediately cause a copy of said notice, printed on a card not
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less than eight (8) inches by ten (10) inches in size, to be 14
posted in a conspicuous place on the property. 15
C. The City Clerk shall cause a copy of the
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proposed boundary map to be filed in the Office of the County 17
Recorder within fifteen (15) days after the adoption of this
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Resolution setting a time and place for public hearing.
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COST ESTIMATE 20
SECTION 10. The estimated cost of the works of improvement,
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including incidental expenses, without acquisition, as proposed 22
under these proceedings is as follows: 23
ESTIMATED CONSTRUCTION COSTS: $207,900.00 24 ESTIMATED INCIDENTAL EXPENSES: $ 63,625.OO
TOTAL ESTIMATED COST: $271,625.00 25
PROCEEDINGS INQUIRIES 26
SECTION 11. For any and all information relating to these 27
proceedings, including information relating to the protest 28
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procedure, your attention is directed to the person desiqnated
below:
RICHARD ALLEN
ENGINEERING DEPARTMENT
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSRAD, CA 92008
TELEPHONE: (619) 438-5540
PASSED, APPROVED and ADOPTED at a reqular meetinq of the City
Council held on the 25th da.v of March , 1986, by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST:
. t , Mayor
(SEAL)
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NOTICE TO CONSTRUCT IMPROVEMENTS
NOTICE IS HEREBY GIVEN by the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, that
the owner or person in possession of property fronting on a public street shall
construct or cause to be constructed certain public improvements fronting said
property as authorized in a special assessment district pursuant to the provisions of
Chapter 27 of the "Improvement Act of 1911", commencing with Section 5870, et seq. of
the Streets and Highways Code of the State of California, said special assessment
district known and designated as
ASSESSMENT DISTRICT NO. 86-3 (CYNTHIA LANE)
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
prosecuted 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, bonds shall be issued in accordance with the
"Improvement Act of 1911” to represent each assessment of $150.00 or more remaining
unpaid. Said bonds shall be payable over a period not to exceed ten (10) years, at
an interest rate not to exceed the current legal maximum rate of 12% per annum.
NOTICE IS HEREBY FURTHER GIVEN THAT ON TUESDAY, THE 22ND DAY OF APRIL, 1986, AT THE
HOUR OF 6:00 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 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 $271,625.00. 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. All work and materials used in the
construction of imnprovements shall conform to the latest standard specifications and
plans of the City.
A general description of the works of improvement is the construction of certain
street improvements, including grading, pavement, curb and gutter, street lights and
required utility improvements, including sanitary and water facilities, together with
appurtenances and appurtenant work.
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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:
RICHARD ALLEN
ENGINEERING DEPARTMENT
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD, CA 92008
TELEPHONE: (619) 438-5540
DATED: , 1986.
‘CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
ENCLOSED HEREIN FIND AN ABBREVIATED DESCRIPTION OF THE WORKS OF IMPROVEMENT TO BE
ACCOMPLISHED BY YOU WITHIN SIXTY (60) DAYS FROM THE TIME NOTICE IS GIVEN. ALSO
ENCLOSED FIND YOUR ESTIMATED ASSESSMENT. THE COST FIGURES AS INCLUDED HEREIN FOR THE
CONSTRUCTION AND INCIDENTAL EXPENSES ARE FIGURES DETERMINED BY THE CITY IF THE WORKS
OF IMPROVEMENT ARE TO BE PERFORMED BY THE CITY.
[TO BE PLACED ON CITY STATIONERY]
(Date)
(Name and address of Property Owner)
RE: ASSESSMENT DISTRICT NO. 86-3
(CYNTHIA LANE)
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 work shall then be performed by the City.
Please note that the Notice sets forth the estimate of the costs of the improvements
and incidental expenses of the improvements, not including acquisition, if the work
is performed by the City. 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 assessment 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 22nd day of April, 1986, at 6:00 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:
RICHARD ALLEN
ENGINEERING DEPARTMENT
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD, CA 92008
TELEPHONE: (619) 438-5540
Very truly yours,
CERTIFICATE OF COMPLIANCE
STATE OF CALIFORNIA COUNTY OF SAN DIEGO
CITY OF CARLSBAD
ALETHA L. 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. 86-3
(CYNTHIA LANE)
(hereinafter referred to as the "Assessment District") in the following manner:
Personal service was made on
1986.
PERSONAL SERVICE OR MAILING
the property owners on the day of I
OR, IN THE ALTERNATIVE,
A copy of said Notice was mailed, postage prepaid, on the day of
1986, to the person in possession of said property or tothe owner Eliereof 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
attached hereto.
POSTING
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 day of , 1986.
BOUNDARY MAP
A copy of the proposed boundary map of the Assessment District was filed in the
Office of the County Recorder on the day of 1986, being
within fifteen (15) days after the adoption of the Resolution Setting Public Hearing.
Filing data is as follows:
EXECUTED this day of , 1986, at Carlsbad, California.
CLERK CITY OF CARLSBAD
STATE OF CALIFORNIA
EXHIBIT 8
1200 ELM AVENUE
CARLBBAD, CA Q2OWlQQQ -
ome ot r/w my Clerk
March 28, 1986
F. Mackenzie Brown Attorney at Law P.O. Box 825 Fairbanks Ranch Plaza Ranch0 Santa Fe, CA 92067
Re: Cynthia Lane Assessment District No. 86-3
Enclosed for your records are copies of Resolution Nos. 8458, 8459, and 8460 for the Cynthia Lane Assessment District which were adopted by the Carlsbad City Council at its meeting of March 25, 1986. Also enclosed is a copy of the Special Counsel Agreement approved by the City Council.
TELEPHONE
(61s) 43s5535
2f2iiikze .
Deputy City Clerk
Encs.
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