HomeMy WebLinkAbout1986-06-10; City Council; 8652; Authority for properties to be included in VistaGIF OF CARLSBAD — AGEND' BILL
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MTG. 06/Q§/86
DEPT.ENG
TITLE:
TO
AUTHORITY FOR PROPERTIES
BE INCLUDED IN THE CITY OF VISTA
SEWER ASSESSMENT DISTRICT
DEPT. HD.&Xjf
CITY ATTYNr/J
CITY MGR. ^^
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RECOMMENDED ACTION:
1. Adopt Resolution No.granting consent to the
formation of a special assessment district.
2. Adopt Resolution No.
Initiation and Waiver Agreements.
ITEM EXPLANATION:
approving Assessment District
Two properties located north of Palomar Airport Road near the
east City limits, Carrillo Ranch Partnership and Carlsbad
Raceway, can sewer by gravity to the north into the City of
Vista. On January 22, 1985, the Council adopted Resolution
Number 7892 approving participation in the Vista assessment
district for temporary sewer services.
The attached resolution requests that the City consent to a
Resolution of Intention to form an assessment district and grant
to the City of Vista all necessary powers to order the
improvements, access the owners and file the boundary map. The
property owners have requested that they be included in this
district. The district would construct permanent sewer lines
within the two properties which would flow into a pump station
where the flow would be pumped into the Buena Joint Trunk Line to
the Encina Treatment Plant.
Eventually, the pump station would be eliminated and the sewer
lines would flow into a trunk line to be constructed in Sunny
Creek which will flow into the Cannon Road trunk line. The sewer
lines to be constructed in the assessment district are consistent
with the City's Sewer Master Plan.
The property owners have executed a Waiver Agreement acknowledg-
ing that participation in the district will not give them any
vested right to develop.
FISCAL IMPACT:
The assessment district will provide long term financing for the
property owners. There will be no cost to the City of Carlsbad
as a result of the assessment district. Because the sewer flows
will temporarily use some of the City of Vista's line capacity,
there may be a change for this use. Prior to any use, the
developers will require approvals for their projects and could be
conditioned to pay this charge.
Page 2 of Agenda Bill No. p&> <T
EXHIBITS;
1 . Vicinity Map.
2. Letter requesting approval, dated April 30, 1986.
3. Resolution Number $*£*? 7 granting consent to the formation of
a special assessment district.
Resolution No. <P^"9 (P"*" approving Assessment District
Initiation and Waiver Agreements.
iiiiitmiimiiiiiHiniiHiiiiii
ROAD
VIC/UITY MAP
IN DISTRICT
EXHIBIT I
RACtWAV BASIN A.
LAND PLANNING CONSULTANT
BROOKS CAVANAUGH 110 ESCONOIDO AVENUE
SUITE 207 — VISTA, CA 92083 (619) 758-7710
April 30, 1986
Mr. Frank Aleshire
City Manager
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
RE: RACEWAY BASIN - ASSESSMENT DISTRICT NO. 86-1
CITY OF CARLSBAD CONSENT RESOLUTION
Dear Mr. Aleshire:
On behalf of our clients, the Carlsbad Raceway and the Carrillo Ranch
Partnership, owners of approximately 211 acres located in the City of
Carlsbad, we are requesting the City of Carlsbad to adopt a resolution
consenting to assessment district formation, as specially prepared by our
assessment district attorney, F. Mackenzie Brown.
As you know, Vista is the 1'ead agency proposing to supply the subject
properties with sewer capacity, sewer mainline facilities and public
access to Poinsettia Avenue, as shown per the attached map diagram.
Please note that our Vista scheduling relies on the City of Carlsbad's
timely adoption of the consent resolution. The City of Vista will adopt
their consent resolution on May 13, 1986. We would like the City of
Carlsbad to adopt the "F. Mackenzie Brown Resolution" as soon as possible
following the May 13 Vista hearing.
Enclosed is additional background project information. Please call me
should you have any questions or need further information.-
-;
Very truly you
Michael F. Coleman
Enclosures
cc: City of Vista
Raceway Basin landowners
F. Mackenzie Brown
MC: jj
EXHIB/T
' PROJECT MANAGEMENT
> LAND PLANNING
' LAND USE PROBLEM SOLVING.
> ENVIRONMENTAL IMPACT
• GOVERNMENTAL COORDINATION
PROJECT FEASIBILITY STUDIES
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RESOLUTION NO. 8597
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
GRANTING CONSENT TO THE FORMATION
OF A SPECIAL ASSESSMENT DISTRICT
WHEREAS, the City Council of the City of Vista, California,
(hereinafter referred to as "Agency") has by Resolution, proposed
the adoption of a Resolution of Intention for the construction of
certain public works of improvement, together with acquisition
where necessary, appurtenances and appurtenant work, in a special
assessment district to be known and designated as
ASSESSMENT DISTRICT NO. 86-1
(RACEWAY BASIN)
(hereinafter referred to as the "Assessment District"), under the
provisions of the "Municipal Improvement Act of 1913", being Divi-
sion 12 of the Streets and Highways Code of the State of
Californi a; and,
WHEREAS, said Agency did, by said Resolution, further request
the consent of this body to the adoption of said Resolution of
Intention and to the granting of consent to allow said Agency to
proceed with the project; and,
WHEREAS, Section 10103 of said Streets and Highways Code
requires that this legislative body grant consent to the proceed-
ings and the proposed Resolution of Intention prior to the time
that said Agency may so proceed and adopt its Resolution of
Intention for these proceedings, inasmuch as certain of the works
of improvement and certain of the properties to be assessed lie
exclusively within the jurisdictional boundaries of this
Consenting Agency.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
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SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the public convenience and necessity
3 requires the improvements as referred to in the proposed Resolu-
4 tion of Intention for the works of improvement, together with
5 appurtenances, in said Assessment District.
6 SECTION 3. That this legislative body hereby grants its
7 consent to the following:i
8 1. Formation of the Assessment District;
9 2. Authority to order improvements;
10 . ..3. Authority and power to acquire rights-of-way,
11 where necessary;
12 4. Power to assess benefited properties;
13 5. The assumption of jurisdiction by said Agency
14 for all purposes in connection with the Assessment ^District;
6. Consent to and approval of the enclosed
proposed Resolution of Intention; and,
7. Consent to and approval of the map forwarded
indicating the extent of territory included in the proposed
Assessment District.
SECTION 4. That said proceedings are pursuant to the provi-
sions of the "Municipal Improvement Act of 1913", being Division
12 of the Streets and Highways Code of the State of California,
and said project is to be financed pursuant to the terms and pro-
visions of the "Improvement Bond Act of 1915", being Division 10
of said Code.
SECTION 4. That the City Clerk is hereby directed to certify
a copy of this Resolution to Agency.
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PASSED, APPROVED and ADOPTED at a regular meeting of the
City Council held on the 10th day of June_ , 1986, by
the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
...H./JSASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ , City Cljerk
(SEAL)
RESOLUTION NO. 8598
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CERTAIN WAIVER AGREEMENTS
WHEREAS, The City Council of the City of Carlsbad,
California has been presented by certain property owners with a
request to consent to allow said properties to be included in a
City of Vista assessment district known as:
ASSESSMENT DISTRICT NO. 86-1
(RACEWAY BASIN)
(herinafter referred to as the "Assessment District"); and,
WHEREAS, there has beensubmitted at this time by the
Property Owners, in executed form Assessment District Initiation
and Waiver Agreements;
The above Agreement is now ready for approval and
execution by the Mayor and City Clerk.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
1. That the above recitals are all true and correct.
2. That the City Council does hereby approve and
authorize the Mayor to execute the attached hereto and made a
part thereof.
PASSED, APPROVED and ADOPTED at a regular meeting of
2 the City Council held on the ipth day of june , 1986,
the following vote, to wit:
4 AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
5 NOES: None
6 ABSENT: None
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1Q MARY H.7EASLER, Mayor
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ATTEST:
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14 .,—„,_, RAUfENKRANZ , City
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ASSESSMENT DISTRICT INITIATION
AND WAIVER AGREEMENT
THIS AGREEMENT, entered into this // ^ day of
1986, by and between the CITY OF CARLSBAD, CALIFORNIA^_a municipal
corporation (hereinafter referred to as "City") and
Owner
(hereinafter referred to as "Property
WHEREAS, Property Owner is expressly petitioning and requesting that
City consent to special assessment proceedings pursuant to the pro-
visions of the "Municipal Improvement Act of 1913" (Division 12 of the
Streets and Highways Code of the State of California) to form a special
assessment district for the purpose of financing and constructing
certain public improvements that will be of a benefit to the property
owned by Property Owner, said special assessment district to be known
and designated as Assessment Blstrict No. 86-1 (Raceway Basin) _
("Assessment Districtir) ; and,
WHEREAS , City is willing to consent to said special Assesssment
District pursuant to the request of Property Owner, and it is further
acknowledged by both City and Property Owner that City has not promoted
or initiated the special assessment proceedings and it is further
acknowledged that Property Owner has not been required by City to
utilize said special assessment district financing and that alternate
forms of financing the public facilities are available to Property
Owner; and,
WHEREAS, it is further acknowledged by both City and Property Owner
that certain of the costs and expenses for the special assessment
proceedings will be assessed to the benefiting properties owned by
Property Owner; and,
WHEREAS , it is further acknowledged by both City and Property Owner
that by initiating the proceedings for this Assessment District that
the Property Owner does not have any present and/or future vestings
to land use or change of land use, and that the Assessment District
proceedings, subsequent confirmation of assessment and resulting liens
do not in any way guarantee any rights to develop said property, and
Property Owner is a volunteer to the initiation of said proceedings;
and,
WHEREAS , it is further acknowledged that City is developing at this
time a Growth Management and Public Facilities Management System,
which program may result in significant changes in existing land use
and densities; and,
WHEREAS, it is also acknowledged that an initiative petition is being
circulated to be considered by the voters in November, and if adopted,
said initiative would limit the residential units to be constructed,
within the City to 1,000 residential dwelling units in 1987, 750 res-
idential dwelling units in 1988, and 500 residential dwelling units
each year thereafter through 1996; and
WHEREAS, the property owned by Property Owner (the "Property") and
included within the boundaries of this Assessment District is that
property as set forth and described in the attached, referenced and
incorporated Exhibit "A". :
NOW, THEREFORE, IT IS MUTUALLY AGREED. AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. Prooerty Owner acknowledges that City is developing a Growth Management and
Public Facilities Management System, which may result in significant
changes in exising land uses and could reduce densities, and it is further
acknowledged that all residential property within the Property may be
subject to any successful initiative land development requirements.
SECTION 3. Property Owner acknowledges that through Property Owner's request for
initiation of proceedings and City's acquiescence to the proceedings, that
Property Owner does not. gain or develop any vested rights to further
development, land use or zone change to the Property.
SECTION 4. Property Owner hereby waives any right, entitlement or claim which Propert}
Owner has or may have resulting from any public infra-structure facilities
constructed utilizing assessment district financing.
SECTION 5. Neither the establishment of an assessment district, the levy of assess-
' ments, the Issuance of bonds, the payment of assessments, nor any combi-
nation thereof, shall create 1n the Property Owner any vested right or
entitlement to develop the Project either in accordance with the existing
land use of the Property or any other particular level, type or intensity
of land use.
SECTION 6. Property Owner hereby waives any cause of action and agrees to forebear
from bringing suit against the City, its officers and/or employees, seekinc
to enforce any right, entitlement or claim or seeking montary damages or
any other form of equitable or other relief whatsoever, related to the
formation of the Assessment District. .
SECTION 7. This Agreement may not be amended except by written instrument executed bj
the parties hereto.
SECTION 8. The terms and provisions of this Agreement shall be binding upon anc
inure to the successors, assigns and beneficiaries of the parties.
SECTION 9. Upon execution of this Agreement by the parties hereto, the City shaV
cause this Agreement to be recorded in the Office of the County Recorder 01
the County of San Diego.
SECTION 10. In the event that any legal proceedings are instituted by the City ti
enforce any term or provision of this Agreement, the City shall be entitle!
to recover its attorney's fees and costs from the Property Owner.
IN WITNESS WHEREOF, this Agreement has been executed by the parties
hereto on the day and year first written above.
ATTEST:
CITY OF CARLSBAD
"CITY"
MARY H.^ASLER, Mayor
ALETHA L. RAUTENKRANZ, City-Cle
APPftOVED AAPPROVED AS
VINCENT F. BIONDO, JR., City Attorney
Property Owners acknowledgeroent herein is
absolutely conditioned upon review and approval
of the final amounts determined by the proposed
Assessment District, which amounts will
constitute a lien on the. subject property.•PROPERTY OWNER"
ASSESSMENT DISTRICT INITIATION
AND WAIVER AGREEMENT
THIS AGREEMENT, entered into this '."^ ; ~r day of . -)1X iu
1986, by and between the CITY OF CARLSBAD, CALIFORNIA, a\ (municipal
corporation (hereinafter referred to as "City") and r •-* •• 'K /"> *
k ^ % •'' *'A >• / /\u )\ j :• •}'•> , (hereinafter referred to as "Property
Owner").
WHEREAS, Property Owner is expressly petitioning and requesting that
City consent to special assessment proceedings pursuant to the pro-
visions of the "Municipal Improvement Act of 1913" (Division 12 of the
Streets and Highways Code of the State of California) to form a special
assessment district for the purpose of financing and constructing
certain public improvements that will be of a benefit to the property
owned by Property Owner, said special assessment district to be known
and designated as Assessment District No. 86-1 (Raceway Basin)
("Assessment District"); and,
WHEREAS, City is willing to consent to said special Assesssment
District pursuant to the request of Property Owner, and it is further
acknowledged by both City and Property Owner that City has not promoted
or initiated the special assessment proceedings and it is further
acknowledged that Property Owner has not been required by City to
utilize said special assessment district financing and that alternate
forms of financing the public facilities are available to Property
Owner; and,
WHEREAS, it is further acknowledged by both City and Property Owner
that certain of the costs and expenses for the special assessment
proceedings will be assessed to the benefiting properties owned by
Property Owner; and,
WHEREAS, it is further acknowledged by both City and Property Owner
that by initiating the proceedings for this Assessment District that
the Property Owner does not have any present and/or future vestings
to land use or change of land use, and that the Assessment District
proceedings, subsequent confirmation of assessment and resulting liens
do not in any way guarantee any rights to develop said property, and
Property Owner is a volunteer to the initiation of said proceedings;
and,
WHEREAS, it is further acknowledged that City is developing at this
time a Growth Management and Public Facilities Management System,
which program may result in significant changes in existing land use
and densities; and,
WHEREAS, it is also acknowledged that an initiative petition is being
circulated to be considered by the voters in November, and if adopted,
said initiative would limit the residential units to be constructed,
within the City to 1,000 residential dwelling units in 1987, 750 res-
idential dwelling units in 1988, and 500 residential dwelling units
each year thereafter through 1996; and
WHEREAS, the property owned by Property Owner (the "Property") and
included within the boundaries of this Assessment District is that
property as set forth and described in the attached, referenced and
•; „,-.,->^.^^^.-,4.^^ TTvh i K-i+• "A".
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. Property Owner acknowledges that City is developing a Growth Management and
Public Facilities Management System, which may result in significant
changes in exising land uses and could reduce densities, and it is further
acknowledged that all residential property within the Property may be
subject to any successful initiative land development requirements.
SECTION 3. Property Owner acknowledges that through Property Owner's request for
Initiation of proceedings and City's acquiescence to the proceedings, that
Property Owner does not gain or develoo any vested rights to further
development, land use or zone change to the Property.• «
SECTION 4. Property Owner hereby waives any right, entitlement or claim which Property
Owner has or may have resulting from any public Infra-structure facilities
constructed utilizing assessment district financing.
SECTION 5. Neither the establishment of an assessment district, the levy of assess-
* ments, the issuance of bonds, the payment of assessments, nor any combi-
nation thereof, shall create 1n the Property Owner any vested right or
entitlement to develop the Project either in accordance with the existing
land use of the Property or any other particular level, type or intensity
of land use.
SECTION 6..Property Owner hereby waives any cause of action and agrees to forebear
from bringing suit against the City, Its officers and/or employees, seeking
to enforce any right, entitlement or claim or seeking montary damages or
any other form of equitable or other relief whatsoever, related to the
formation of the Assessment District.
SECTION 7. This Agreement may not be amended except by written instrument executed by
the parties hereto.
SECTION 8. The terms and provisions of this Agreement shall be binding upon and
inure to the successors, assigns and beneficiaries of the parties.
SECTION 9. Upon execution of this Agreement by the parties hereto, the City shall
cause this Agreement to be recorded in the Office of the County Recorder of
the County of San Diego.
SECTION 10. In the event that any legal proceedings are instituted by the City to
enforce any term or provision of this Agreement, the City shall be entitled
to recover its attorney's fees and costs from the Property Owner.
IN WITNESS WHEREOF, this Agreement has been executed by the parties
hereto on the day and year first written above.
CITY OF CARLSBAD
"CITY"
By:
MARY H. d^ASLER, Mayor
ATTEST;
s jr. ^ ^^^^L
ALETHA L. RAUTENKRAH City Clerk
X^7,C^OVEAPPROVED AS O PQRBfc, iT F.
«,.ISjaryei 3^. Hentgciike, Assistant
VINCENT F.'BIONDO, Jr. , City Attorney
fpROPERTY OWNER"
By::'^.
By I