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HomeMy WebLinkAbout1987-04-07; City Council; 8496-4; Appian Road Assessment District- 4B# W96 4 MTG. 04/07/87 DEPT. AD ITEM EXPLANATION: TITLE: APPIAN ROAD ASSESSMENT DISTRICT APPROVING REPORT AND SETTING PUBLIC HEARING The improvements for Appian Road have been completed. The Report of the Superintendent of Streets identifies the final costs for the project. Only one owner is involved in the district. The assessment district was initiated by the City under the provisions of Chapter 27 of the Improvement Act of 1911 in order to widen Appian Road. As part of the assessment district, staff has negotiated an agreement with the property owner in which the City agrees to pay $13,000 toward the grading. This is because when Elm Avenue was constructed, Appian Road had to be lowered and realigned to meet it, significantly increasing the grading required in front of the Frazee's property. The City has already paid $3,500 for the design and $2,000 for legal costs. Payment of these costs is consistent with the policy Council set on Park Drive where these costs were also paid by the City. The City will also pay an estimated bond discount of 4% or $865 upon the sale of bonds. FISCAL IMPACT: The total cost of the project, construction and incidentals, was $40,940.41. The City contribution for the grading, design, and legal and bond costs is $19,365 with the balance of $21,575.41 to be assessed to the property owner. A total of $44,372 has been appropriated for this project. Upon the sale of bonds, the City will be reimbursed by the amount assessed to the property owner. EXHIBITS : 1. Location Map. 2. Report of the Superintendent of Streets. 3. Assessment Diagram (2 pages, 18" x 26") -- on file with the City Clerk. 4. Resolution No. CI-7 approving the Report of the Superintendent of Streets and setting a public hearing for May 5, 1987. LOCATION MAP PROJECT NAME ASSESSMENT DlSTRlC T 86-2 PROJ* SXHlBtl 3Y& 1 AGENCY: CITY OF CARLSBAD PROJECT : ASSESSMENT DISTRICT NO. 86-2 (APPIAN ROAD) TO: CITY COUNCIL CITY OF CARLSBAD ENGINEER S "REPORT" PURSUANT TO THE PROVISIONS OF CHAPTER 27 OF THE "IMPROVEMENT ACT OF 191 1 'I, AND SPECIFICALLY SECTION 5882 THEREOF The CITY COUNCIL of the CITY OF CARLSBAD, STATE OF CALIFORNIA, has initiated proceedings pursuant to the provisions of Chapter 27 of the Wnprovement Act of 1911", commencing with Section 5870 of the Streets and Highways Code of the State of California, for the installation and construction of certain works of improvement, together with appurtenances, in a special assessment district, said assessment district known and designated as ASSESSMENT DISTRICT NO. 86-2 ( APPIAN ROAD) (hereinafter referred to as the "Assessment District") WHEREAS, the property owners were noticed in the manner and form as authorized by law, and a public hearing was held and the property owners did not commence the within the sixty (60) days period, as authorized and required by law; and, construction WHEREAS, the City did then authorize the construction and installation of the works of improvement, and upon completion of the construction, the designated Superintendent of Streets has prepared the necessary llReportll setting forth the final costs of construction and installation, including incidental expenses, and a description of all property benefited from the works of improvement and to be asessed therefor. I, the appointed SUPERINTENDENT OF STREETS, submit herewith the following "Report" for approval and final confirmation, and do hereby set forth the total costs and expenses of the improvements and assess said costs against the parcels within the boundaries of the Assessment District in direct proportion to the benefits received. The costs to be assessed are set forth as follows: I. CONSTRUCTION $ 34,175.41 Quantities: 170 Lineal Feet of Fence Removal and Replacement $ 2,415.70 1 Each of Masonary Wall Saw Cut $ 550.00 Quantities: (continued) 825 Square Feet of A.C. Pavement Removal $ 1,243.50 1 Lump Sum Tree Removal $ 921.60 1,802 Cubic Yards of Earthwork $ 13,839.36 1 Each of Reset Sewer Cleanout $ 355.20 264 Lineal Feet of Concrete Curb and Gutter $ 3,484.80 4,985 Square Feet of A.C. Paving $ 6,430.65 900 Square Feet of A.C. Overlay $ 747.00 1,320 Square Feet of Concrete Sidewalk $ 2,692.80 4,040 Square Feet of Slope Planting $ 1,494.80 11. INCIDENTAL EXPENSES $ 6,765.00 O Inspection O Legal Design Bond Discount $ 400.00 $ 3,500.00 $ 865.00 $ 2,000.00 111. TOTAL OF CONSTRUCTION AND INCIDENTAL EXPENSES: $ 40,940.41 IV. CONTRIBUTION $ 19,365.00 V. BALANCE TO ASSESSMENT $ 21,575.41 The parcels and properties to be assessed are generally set forth as follows: APN ASSESSMENT TAX CODE LEGAL AMOUNT OF NO. PARCEL DESCRIPTION ASSESSMENT 1. 167-381 -36 (See Attached) $21,575.41 This "Report" is hereby prepared, submitted and filed with the City Clerk on the 7th day of April , 1987. SUPERINTENDENT b~ STREETS I' CITY OF CARLSBAD STATE OF CALIFORNIA _I - APPIAN ROAD ASSESSMENT DISTRICT Legal Description: That certain portion of Lot J, Rancho Aqua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of said County on November 16, 1896, described as follows: Beginning at the point of intersection of the centerlines of Road Survey No. 745 and Road Survey No. 925 (El Camino Real) as said Road Surveys are shown on respective maps filed in the Office of the County Surveyor of San Diego County; thence along said centerline of Road Survey No. 925, North 18" 37' 20" West (Record North 17" 18' 20" West) 89.75 feet to the beginning of a tangent 1,500 foot radius curve, concave Southwesterly; thence Northwesterly along the arc of said curve and continuing along said centerline 87.78 feet through a central angle of 3" 21' 11"; thence leaving said centerline South 59" West 80.15 feet; thence North 22" 30' West 427.48 feet; thence North 34" East 1,183.89 feet; thence South 56" East 523.00 feet to the TRUE POINT OF BEGINNING; thence retracing North 56" West 227.00 feet; thence at right angles, South 34" West 200.00 feet; thence at right angles South 56" East 260.86 feet to a point on the centerline of said Road Survey No. 745; thence aong said centerline, North 23" 44' 40'' East (Record North 25" 03' 40'' East) 145.24 feet; thence leaving said centerline, North 26" 01' 22" East 57.64 feet to the TRUE POINT OF BEGINNING. 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk TELEPHONE: (619) 438-5535 April 9, 1987 F. Mackenzie Brown Brown & Diven P.O. Box 8025 Fairbanks Ranch Plaza Rancho Santa Fe, CA 92067 RE: ASSESSMENT DISTRICT NO. 86-2 - APPIAN ROAD Enclosed per your request is a conformed copy of Resolution No. 9007 which was adopted by the Carlsbad City Council at its meeting of April 7, 1987. The Resolution sets the public hearing on the matter for May 5, 1987. Also enclosed is the Certificate of Compliance which you requested, showing that the noticing requirements have been met. If you have any questions regarding this matter, please don't hesitate to call. 'Deputy City Clerk Encs. 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 appemb& , qualified and acting CITY CLERK of the CITY OF CARL SBAD , CAC I FORNI A. ~'LC- 6 3 Acting in my official capacity, I gave notice of the public hearing to be held in connection with a special assessment district known and designated as ASSESSMENT DISTRICT NO. 86-2 (APPIAN ROAD/CHAPTER 27) (hereinafter referred to as the IIAssessment District") in the following manner: 1. Personal service was made on the property owners on the day of Y 1987. OR, IN THE ALTERNATIVE, ?+ A copy of said Notice was mailed, postage prepaid, on the day of APfl J L , 1987, to the person in possession of said property or to the owner thereof at his last known address as the same appears on the last equalized assessment of the County, or as their names and addreses are known to me. A copy of said Notice is attached hereto. 2. 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 yt" day of fiteRIL- , 1987. EXECUTED this Ffh day of &&& , 1987, at Carlsbad, California. c CITY CLERK \ I CITY OF CARLSBAD STATE OF CALIFORNIA April 8, 1987 TO : CITY CLERK FROM: CITY ASSESSMENT ENGINEER APPIAN ROAD ASSESSMENT DISTRICT This letter will certify that on April 8, 1987, I gave notice of the public hearing to the affected property owners - John and Dianne Frazee, in the following manner: 1. by depositing notice in the mail and 2. by posting notice in a conspicuous place on the affected property. RICftARD H. ALLEN, JR. City Assessment Engineer RHA: pf c: Assistant City Manager, Patchett Mac Brown 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 Office of the City Engineer TELEPHONE (619) 438-1 161 April a, 1987 John and Dianne Frazee 2410 Appian Road Carlsbad, CA 92008 ASSESSMENT DISTRICT no. 86-2, (APPIAN ROAD/CHAPTER 27) Enclosed herein find legal Notice setting time and place for the public hearing on the confirmation of the final costs and ex- penses in the assessment district designated as ASSESSMENT DISTRICT NO. 86-2 (APPIAN ROAD/CHAPTER 27). The legal Notice also sets forth your final assessment, based upon the actual costs of construction of the works of improvement. Upon the conclusion of the public hearing, if you wish, this assess- ment can be totally discharged or bonds can be issued to represent the unpaid assessment, with the bonds payable over a ten (10) year term. If you have any questions, please feel free to call the undersigned at 438-1161, extension 4389. Very truly yours, 1 Richard H. Allen, Jr. City Assessment Engineer RHA: pf ( MA 11- I NG ) NOTICE OF FILING OF ASSESSMENT AND TIME OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been filed with the legislative body of the CITY OF CARLSBAD, CALIFORNIA, a "Report" specifying the work which has been done, the cost of construction, a description of the real property in front of which the construction has been done, and the assessment against each lot or parcel of land proposed to be levied to pay the costs thereof for work and improvements done and performed under the provisions of Chapter 27 of Part 3 of the "Improvement Act of 1911" (Division 7 of the Streets and Highways Code of the State of California), reference is made to the Resolution of Intention and appurtenant documents as on file and open for public inspection, in the matter of the construction of certain improvements within an area designated as ASSESSMENT DISTRICT NO. 86-2 (APPIAN ROAD/CHAPTER 27) (hereinafter referred to as the "Assessment District"). Said assessment shows the amount to be paid for the work and improvements contracted for and performed, together with all incidental expenses, and shows the amount of each assessment against each lot or parcel of land assessed to pay the same. NOTICE IS HEREBY GIVEN THAT THE 5TH DAY OF MAY, 1987, 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, IS THE TIME FIXED FOR THE CITY COUNCI!, TO PASS UPON A "REPORT" OF THE SUPERINTENDENT OF STREETS OF THE COST OF THE CONSTRUCTION, AND WHEN ANY AND ALL PERSONS INTERESTED IN THE WORK DONE, THE "REPORT" OF THE SUPERINTENDENT OF STREETS, OR IN THE ASSESSMENT ON FILE IN THE OFFICE OF THE CITY CLERK, MAY APPEAR AND BE THEN AND THERE HEARD BY THIS LEGISLATIVE BODY. PROTESTS OR OBJECTIONS MUST BE IN WRITING AND FILED WITH THE CITY CLERK PRIOR TO SAID HEARING, ALL IN ACCORDANCE WITH THE PROVISIONS OF SAID ACT. If assessments are not paid within thirty (30) days following the confirmation of the assessments, bonds shall be issued to represent unpaid assessments as authorized under the provisions of said "Improvement Act of 1911", said bonds payable over a ten (10) year term. CITY OF CARLSBAD STATE OF CALIFORNIA THIS IS NOT A BILL. YOU W1I-L RECEIVE A BILL AFTER THE ASSESSMENT IS CONFIRMED. YOU SHOULD CHECK THE IDENTITY OF YOUR PROPERTY AND THE ESTIMATED ASESSMENT TO BE CHARGED TO YOUR PARTICULAR PARCEL OF PROPERTY FOR THE WORKS OF IMPROVEMENT AS SETFORTH IN THESE PROCEEDINGS AND SHOWN ON THE ATTACHMENT HERETO. (POSTING) NOTICE OF FILING OF ASSESSMENT AND TIME OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been filed with the legislative body of the CITY OF CARI-SBAD, CALIFORNIA, a "Report" specifying the work which has been done, the cost of construction, a description of the real property in front of which the construction has been done, and the assessment against each lot or parcel of land proposed to be levied to pay the costs thereof for work and improvements done and performed under the provisions of Chapter 27 of Part 3 of the "Improvement Act of 1911" (Division 7 of the Streets and Highways Code of the State of California), reference is made to the Resolution of Intention and appurtenant documents as on file and open for public inspection, in the matter of the construction of certain improvements within an area designated as ASSESSMENT DISTRICT NO. 86-2 (APPIAN ROAD/CHAPTER 27) (hereinafter referred to as the "Assessment District"). Said assessment shows the amount to be paid for the work and improvements contracted for and performed, together with all incidental expenses, and shows the amount of each assessment against each lot or parcel of land assessed to pay the same. NOTICE IS HEREBY GIVEN THAT THE 5TH DAY OF MAY, 1987, 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, IS THE TIME FIXED FOR THE CITY COUNCIL TO PASS UPON A "REPORT" OF THE SUPERINTENDENT OF STREETS OF THE COST OF THE CONSTRUCTION, AND WHEN ANY AND ALL PERSONS INTERESTED IN THE WORK DONE, THE "REPORT" OF THE SUPERINTENDENT OF STREETS, OR IN THE ASSESSMENT ON FILE IN THE OFFICE OF THE CITY CLERK, MAY APPEAR AND BE THEN AND THERE HEARD BY THIS LEGISLATIVE BODY. PROTESTS OR OBJECTIONS MUST BE IN WRITING AND FILED WITH THE CITY CLERK PRIOR TO SAID HEARING, ALL IN ACCORDANCE WITH THE PROVISIONS OF SAID ACT. If assessments are not paid within thirty (30) days following the confirmation of the assessments, bonds shall be issued to represent unpaid assessments as authorized under the provisions of said "Improvement Act OF 1911", said bonds payable over a ten (10) year term. CITY OF CARLSBAD STATE OF CALIFORNIA A F. MACKENZIE BROWN. WARREN B. DIVEN DANIEL 5. HENTSCHKE *A PROFESSlONAL CORPORATION BROWN 8 DIVEN P. 0. BOX 8025 FAIRBANKS RANCH PLAZA RANCHO SANTA FE, CALIFORNIA 92067 TELEX 1619) 756-0412 SAN DlEGO 1619) 456-1915 1714) 551-1915 ORANGE LO5 ANGELES 12131 567-1915 VENTURA 1805) 653-1915 RIVERSIDE (714) 359-5489 March 24, 1987 Aletha Rautenkranz, City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 RE: ASSESSMENT DISTRICT NO. 86-2 (APPIAN ROAD/CHAPTER 27 1 Dear Aletha: Enclosed herein please find the following documents for presentation at your next Council meeting, which have been revised to reflect a public hearing date of May 5, 1. 2. 3. 4. 5. 6. 1987 : RESOLUTION APPROVING "REPORT" AND AUTHORIZING PUBLIC HEARING: This Resolution approves the tlReport" of the Superintendent of Streets, and authorizes a public hearing . NOTICE OF FILING ASSESSMENT AND TIME OF PUBLIC HEARING (MAILING OR PERSONAL SERVICE): See Instruction Sheet. Notice to be given at least ten (10) days prior to public hearing now scheduled for May 5, 1987. COVER LETTER FORMAT: It is suggested that this cover letter accompany the Notice for mailing. NOTICE OF FILING ASSESSMENT AND TIME OF PUBLIC HEARING (POSTING): See Instruc- tion Sheet -- to be posted on property. INSTRUCTION SHEET: Sets forth notice requirements to be met prior to public hearing. CERTIFICATE OF COMPLIANCE. *** Upon adoption of the Resolution, please return a conformed copy to this office for our files. Immediately upon completion of all notice requirements, I would appreciate a return of the Certificate of Compliance so we can proceed to prepare the necessary documentation for the meeting and public hearing before the City Counci 1. In the Engineer's "Report", legal descriptions of the respective parcels that are to be liened will be required, inasmuch as a Notice of Lien will be recorded in the Office of the County Recorder. We would also appreciate receiving, as soon as avai- lable, a return copy of the Engineer's "Report" with all figures and documentation compl eted. dL @& BROWN 8 DIVEN Aletha Rautenkranz, City Clerk City of Carlsbad March 24, 1987 Page Two Attached to the Engineer's "Report" prior to filing with the City Clerk should be a copy of the assessment diagram in the size 18" X 26". We will be happy to review both the Engineer's "Report" and diagram prior to any presentation to the City Counci 1 . If you have any questions regarding this matter, please call. Very truly yours, -1 ,434 ILC F. MACKENZIE BROWN FMB: bd encl . cc: Richard Allen, City Assessment Engineer Ray Patchett , Assistant City Manager Vincent Biondo, Esq., City Attorney AGENCY: CITY OF CARI-SBAD PROJECT: ASSESSMENT DISTRICT NO. 86-2 (APPIAN ROAD/CHAPTER 27) INSTRUCTIONS FOR ASSESSMENT HEARING Upon the completion of the construction and filing of the Engineer's "Report", as authorized by Chapter 27 of the "Improvement Act of 1911", the following notice requirements should be met: PERSONAL SERVICE -- OR -- MAIL. Notice to the owner or person in possession of the property should be given by deli- very of written notice personally to the owner or person in possession. If personal service is unable to be obtained, then a copy of said Notice should be, in the alternative, mailed to the owner or person in possession of such property, postage prepaid, as the name and address appears on the last equalized assessment roll used by 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. Attached or enclosed with the legal Notice shall be the individual property owner information setting forth the following: - ASSESSMENT NUMBER - PROPERTY DESCRIPTION - ESTIMATED ASSESSMENT POST1 NG A copy of the Notice printed on a card of not less than eight (8) inches by ten (10) 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 Pub1 i c Hearing. DATE OF PUBLIC HEARING The Public Hearing of 6:OO o'clock P.M. On file in the Off the following: shall be held on Tuesday, the 5th day of May, 1987, at the hour CITY CLERK'S RECORDS ce of the City Clerk should be the Eng neer's "Report", showing A. Final construction costs and incidental expenses; B. Spread of assessments; C. Map showing parcels to be assessed. ****** RESOLUTION NO. 9007 10 11 12 13 14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING REPORT AND AUTHORIZING PUBLIC HEARING assessment district known and designated as ASSESSMENT DISTRICT NO. 86-2 (APPIAN ROAD/CHAPTER 27) (hereinafter referred to as the 1 "Asses smen t D i s t r i c t I' ) ; and , 1 I I i WHEREAS, construction of the improvements has been completed by the City and at this time the City Council desires to autho- i I i WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFOR- 1 I NIA, has instituted 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 I 6 7 8 9 I I 11 rize the Notice of Filing Assessment and Time of Public Hearing 1 I 15 ! 17 18 District. Assessment NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and 1 19 11 correct. 20 21 ll I SECTION 2. That the Public Hearing will be held on MAY 5, I I 1987, at 6:OO P.M. in the Council Chambers, 1200 Elm Avenue, 22 ll 231( Carlsbad. SECTION 3. That the construction of the authorized improve- 24 25 ments has been completed and the "Report" of the Superintendent 1 I 11 of Streets of the cost of the construction has been submitted and 1 26 (I is herein approved. The Superintendent of Streets is further 1 27 L i c t r I E c 1c 11 12 13 14 15 16 17 18 39 20 21 22 23 24 25 26 27 28 ,- I District of the filing of the assessment and time of public hear- ing, said assessment to show the amount to be paid for the work and improvements contracted for and performed, together with all incidental expenses, and showing the amount of each assessment against each lot or parcel of land assessed to pay the same. SECTION 4. This Resolution is adopted pursuant to the provi- sions and conditions of Sections 5881-5883 of the Streets and Highways Code of the State of California. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at its regular meeting held on the 7th day of April , 1987, by the following vote, to wit: AYES: Council Members Lewis, Pettine, Mamaux, and Larson NOES: None A 6 S E N T : Council Member Kulchin ATTEST: ALETHA I-. RAUTENKRANZ, City Cl,erk (SEAL 1 n z 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City C/erk May 5, 1987 Vera L. Lyle County Recorder P.O. Box 1750 San Diego, CA 92112 Enclosed for recordation is the following described document: Notice of Completion - Project Improvements Appian Road, South of Elm Avenue (Frazee Property) Half Street Improvements Southland Paving Company, Contractor Our staff has determined that the recordation of this document is of benefit to the City; therefore, it is requested that the fees be waived. Thank you for your assistance in this matter. X?Z* Deputy City Clerk Enc .