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
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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
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I
11 rize the Notice of Filing Assessment and Time of Public Hearing 1 I 15 !
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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
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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 .