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HomeMy WebLinkAbout1987-05-05; City Council; 8496-5; Appian Road Assessment District\B# rqp ATG. 0 5/0 5/87 IEPT. AD RECOMMENDED ACTION: DEPT. HD. TITLE: APPIAN ROAD ASSESSMENT DISTRICT PUBLIC HEARING CONFIRMING ASSESSMENTS clTyAmy@ CITY MGR.L 1. Adopt Resolution No. confirming "Report" of the Superintendent of Streets and levying assessments in Chapter 27 proceedings. 2. Adopt Resolution No. 9w< authorizing and providing for the issuance of bonds pursuant to the "Improvement Act of 191 1 .I' 3. Adopt Resolution No. ?Os3 approving and authorizing the execution of an agreement to form an assessment district. 4. Accept the construciton of Appian Road, Project No. 3167, as compl et e. Direct the City Clerk to have the Notice of Completion recorded. ITEM EXPLANATION: On March 4, 1986, the City Council held a public hearing on the formation of the Appian Road assessment district and directed the Superintendent of Streets to construct the improvements. These improvements consisted of a half-width local street in front of a single property owner (Frazee). The contract was awarded and the work satisfacorily completed. Due to need to lower and realign Appian Road requiring considerable grading, staff negotiated an agreement with the property owner to pay $13,000 for the grading. The purpose of the public hearing is to allow the property owner to have input to the assessment amount as contained in the "Report" of the Superintendent of Streets, If Council finds the assessed amount to be correct, the "Report" should be confirmed and the agreement approved and adopted by the appropriate resolutions. The owner has 30 days to pay the assessment, or a portion of it in cash, or a bond will be sold and he will pay off the assessment over a period of nine years. FISCAL IMPACT: The construction of the street has been satisfactorily completed. The final contract amount of $34,175.41 includes an increase of $1,333.95 (+4X) due to actual measured quantities being higher than the estimated quantities. A 10% retention will be withheld from the contractor until 35 days after the filing of the Notice of Completion. .. Page Two of Agenda Bill No. 8v9&-u< The total cost of the project, construction and incidentals, was $40,940.41. The City contribution for grading ($13,000), design ($3,500), legal ($2,000), and bond discount ($865) is $19,365.00 The balance of $21,575.41 has been assessed to the property owner. A total of $44,372 has been appropriated for this project. Upon the sale of bonds (or cash payment by the property owner), the City will be reimbursed $21,575.41. EXHIBITS: 1. Location Map. 2. "Report" of the Superintendent of Streets. 3. Notice of Completion. 4. Resolution No. 9 03-J confirming "Report" of the Superintendent of Streets and levying assessments in Chapter 27 proceedings. 5. Resolution No. 90C4 authorizing and providing for the 6. Resolution No. 703-3 approving and authorizing the execution of an agreement to form an assessment district. (Agreement attached) issuance of bonds pursuant to the "Improvement Act of 1911." 7. Assessment Diagram (2 pages, 18" x 22") (on file with the City Clerk). Recordgzs Requested By and Return To: Cit? Clerk 12C13 Elm Avenue Carlsbad, CA 92008 NOTICE OF COMPLETION MUNICIPAL PROJECTS - .-. . 1987 MAY I 3 &! IO: 40 To All Laborers and Material Men and to Every Other Peison Interested: - YOU WILL PLEASE TAKE NOTICE that on February 16, 1987 NO FEE the Engineering project consisting of half street improvements to Appian Road south of Elm Avenue in front of the Frazee property on which Southland Paving Company was the Contractor, and AM West Surety Insurance Company was the surety, was completed. CI TY OF. CARLSBAD VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad; the City Council of said City on b~y 5 Iqp7 accepted the above described work as completed and ordered that a Notice of Completion be filed. I I I declare under penalty of perjury that the foregoing is true and correct. Executed on C4-q L. IF 87 at Carlsbad, California. CITY OF CARLSBAD City Clerk EXHIBIT 3 c .. : RFcoc?D!f~ REwES~~~ WHEN RECORDED, RETURN TO SUPERINTENDENT OF STREETS CITY OF CARCSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NOTICE OF LIEN AND ASSESSMENT 1387 MAY I3 A!! #3: 46 RF tE&l w Pursuant to the authority of Section 5891 of the "Improvement Act of 1911", and Section 3114 of the Streets and Highways Code of the State of California, NOTICE IS HEREBY GIVEN that assessments have been levied and confirmed for the costs of certain public works of construction in a special assessment district under the provisions of Chapter 27 of the "Improvement Act of 191111, said special assessment district known and designated as ASSESSMENT DISTRICT NO. 86-2 (APPIAN ROAD) (hereinafter referred to as the "Assessment District"). I, as SUPERINTENDENT OF STREETS of the CITY OF CARLSBAD, CALIFORNIA, have assessed the cost of said construction upon the real property as described herein, and declare that said assessments at this time are unpaid and constitute a lien on said property, and that bonds shall be issued to represent each unpaid assessment of One Hundred Fifty Dollars ($150.00) or more in serial form. The term of the bonds shall be NINE (9) YEARS from the second day of January next succeeding the next September 1st following their date and, at the expiration of said time, the whole principal sum then unpaid shall be due and payable. The real property upon which the lien is claimed is that certain piece or parcel of land lying and being within the CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF C9LIFORNIA, all as described as follows: NAME OF LEGAL PROPERTY OWNER DESCRIPTION CONFIRMED ASSESSMENT [SEE ATTACHED, REFERENCED AND INCORPORATED EXHI BIT ''All1 DATED: k9hY 6 , 1987. SUPERINTENDENT OF STREETS CITY OF CARLSBAD STATE OF CALIFORNIA -. CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-2 EXHIBIT it~ii NAME OF PROPERTY OWNER John C. Frazee and Diane M. Frazee LEGAL DESCRIPTION (see attached) COMFIFWED ASSESSMENT $21,575.41 c 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. .. 1 8 9 10 RESOLUTIOM NO. 9051 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONFIRMING "REPORT" OF THE SUPERINTENDENT OF STREETS ON COST OF CONSTRUCTION, AND CONFIRMING AND LEVYING ASSESSMENTS IN CHAPTER 27 PROCEEDINGS UNDER THE "IMPROVEMENT ACT OF 1911" Article 2 of Part 3 of Division 7 of the Streets and Highways Code of the State of California (the "Improvement Act of 1911"), I has authorized that certain works of improvement shall be j I I l2 l3 ! WHEREAS, the CITY COUNCII, of the CITY OF CAR!-SBAD, /I properties in what is known and designated as ASSESSMENT DISTRICT ; NO. 86-2 (APPIAN ROAD) (hereinafter referred to as the "Assess- 1 I 7 CALIFORNIA, pursuant to the provisions of Chapter 27, being 1 II 18 WHEREAS, the Superintendent of Streets has caused notice of the cost of construction to be given in the form and manner speci- I 111/ constructed and installed in front of certain privately owned 1 I 23 24 25 26 27 WHEREAS, all property owners and other interested persons ! present at said hearing having been heard, and all objections and protests, if any, having been considered; and, WHEREAS, the "Report", as now submitted, shall stand as the "Report" for all future proceedings of this Assessment District; 141) ment District"); and, WHEREAS, said construction has been completed pursuant to 15 11 I proceedings under Chapter 27 of the "Improvement Act of 1911"; I I and , I I 201/ fied by law, said notice specifying the day, hour and place for 2111 hearing and passing upon the "Report" of the Superintendent of 1 22 I) Streets; and, 1 2 3 4 5 WHEREAS, it is desired to confirm the "Report" of the Super- I I intendent of Streets, and confirm and levy such costs of construc- tion as assessments against the parcels of property fronting upon i the improvements, as provided by law. I I ! 1 i I NOW, THEREFORE, IT IS HEREBY RESOI-VED AS FOLLOWS: I SECTION 1. That the above recitals are all true and , 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 correct. j SECTION 2. That all proceedings heretofore conducted i I pursuant to Chapter 27 of the "Improvement Act of 1911" for the 1 I construction of certain improvements in the Assessment District I have been conducted in the form and manner required by law, and 1 I the cost of improvements constructed in a place other than in front of a parcel of property which are required for the proper functioning of the improvements in front of the parcels, all as set forth in the "Report" of the Superintendent of Streets, which "Report" is referred to and incorporated herein by reference as though fully set forth. SECTION 5. That all such costs so assessed, if not paid, shall constitute a special assessment against the respective are herewith confirmed and approved. I I I I I for the amount thereof from the time of recordation of the notice of lien, which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record. I SECTION 6. That the works of improvement are hereby I accepted and authorization is hereby given for recordation of a I Notice of Completion. 1 SECTION 7. That the Superintendent of Streets shall file in I I I the Office of the County Recorder a Notice of Lien in the form j I and manner required or permitted by law. i i SECTION 8. That serial bonds shall be issued to represent 1 i each unpaid assessment of One Hundred Fifty Oollars ($150.00) or ! more. The term of the bonds shall be NINE (9) YEARS from the \ second day of January next succeeding the next September 1st 1 following their date, and at the expiration of said time, the whole principal sum then unpaid shall be due and payable. PASSED, APPROVED AND ADOPTED by the City Council of the City day of of Carlsbad at its regular meeting held on the 5th fiY , 1987, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: i ! 1( 1: 1: 1: 14 1: It 1'; 1E 15 2c 21 22 22 24 25 26 27 28 RESOLUTION NO. 9052 RESOI-UTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF BONDS PURSUANT TO THE "IMPROVEMENT ACT OF 1911" WHEREAS, the CITY COUNCII, of the CITY OF CARLSBAD, CAIIFORNIA, has heretofore undertaken proceedings pursuant to the provisions of Chapter 27, being Article 2 of Part 3 of Division 7 of the Streets and Highways Code of the State of California (the "Improvement Act of 1911"), and has confirmed assessments upon lands within a special assessment district described in a Resolu- tion of Intention previously adopted for said improvements, said special assessment district known and designated as ASSESSMENT DISTQICT NO. 86-2 (APPIAN ROAD) (hereinafter referred to as the i 1 As s es smen t D i s t r i c t 'I 1 ; and , WHESEAS, said proceedings provided for the issuance of bonds I pursuant to the ''Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of California, and it is necessary to establish terms and provisions of such issuance; and, WHEREAS, the final unpaid balance to assessment, as well as the denominations, cannot be determined until following the 30- day cash collection period after the recordation of said assessment. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOl_LOWS: SECTION 1. Recitals. That the above recitals are all true and correct. 1 r I E s IC 11 1% 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 2. Unpaid Assessments. The Treasurer shall, immediately upon the completion of the 30-day cash collection I period, determine the assessment and/or assessments which are 1 i unpaid and the aggregate amount thereof. i i SECTION 3. Registered Bonds. Said bond and/or bonds shall I i be issuable only as fully registered bonds in the respective i denominations of the unpaid assessments against each lot or i 4 I I parcel of land assessed in said special assessment district. I i SECTION 4. Date of Bonds. All of said bonds shall be dated i the 31st day after recordation of the assessment and roll in the Office of the Superintendent of Streets. SECTION 5. Maturity and Denomination. The bond and/or bonds shall be issued to represent each unpaid assessment of One Hundred Fifty Dollars ($150.00) or more in serial form. The term of the bonds shall be NINE (9) years from the second day of 1 January next succeeding the next September 1st following their date and, at the expiration of said time, the whole principal sum 1 j then unpaid shall be due and payable. On the second day of January of each year, following the next September 1st after their date, an even annual proportion of the whole amount is due and payable to the registered owner of each bond, until the whole is paid, with all accrued interest at the rate set forth herein. SECTION 6. Interest. Each bond shall bear interest at a rate not to exceed the maximum rate of twelve percent (12) per annum, and said bond shall bear interest from the interest payment date next preceding the the date on which it is authenti- cated and registered, unless said bond is authenticated and I I 1 registered as of an interest payment date, in which case it shall ! ways Code, at any time before maturity, and before commencement of proceedings for sale, upon payment to the Treasurer, for the registered owner of the bond, of the amount then unpaid on the I ~ i bear interest from said interest payment date, or unless said I 1 bond is authenticated and registered prior to the first interest I payment date, in which case it shall bear interest from its date, ' i I SECTION 7. Place of Payment. The principal and interest on j 1 until payment of its principal sum has been discharged. i the bonds shall be payable in lawful money of the United States up to the next succeeding January 2 or July 2, as the case may be, at the rate set forth herein, and all penalties accrued and of America at the office of the Treasurer. 1 I Principal and interest on said bonds shall be I I paid by check or draft to the registered owner thereof at his I ! address as it appears on the books of registration, or at such 1 11 1: 1; 1; 1f 1: 1t 1: 1E 15 2c 21 22 22 24 25 26 27 28 AYES: NOES: None Council Members Lewis, Kulchin, Pettine, Mamaux and Larson ABSENT: None A T ‘r E S T : (SEAL 1 r s I < I 1( 1: 1; 1; 1L 1: 1t 1'; 1E 15 2c 21 22 22 24 25 26 27 28 RESOLUTION NO. 9053 RESOLUTION OF THE CITY COUNCII- OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT TO FORM ASSESSMEb!T DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, i i CALIFORNIA, is considering the formation of a special assessment district under the terms and provisions Chapter 27, being Article I 2 of Part 3 of Division 7 of the Streets and Highways Code of the ' i State of California (the "Improvement Act of 1911"), for the construction of certain public works of improvement in a special assessment district, said assessment district known and desig- nated as ASSESSMENT DISTRICT NO. 86-2 (APPIAN ROAD) (hereinafter referred to as the "Assessment District"); and, WHEREAS, at this time there has been submitted to this City Council for review and approval, an Agreement to Form Assessment District, setting forth certain terms and conditions for the formation of the District. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the Agreement to Form Assessment District between the City of Carlsbad and John Frazee and Diane M. Frazee, is hereby approved, and execution is authorized to be made by the Mayor and City Clerk. SECTION 3. That a copy of said Agreement shall be kept on file in the City Clerk and remain for public inspection. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at its regular meeting held on the 5th day of May , 1987, by the following vote, to wit: 1 1 1 1 1 1 1 1 1; l! 2( 21 2: 2; 24 25 26 27 28 AYES: NOES: None Council Members Lewis, Kulchin, Pettine, Mamaux and Larson ABSENT: None ITTEST: LLGa- j( &L.iL-&- \I,ETHA I-. RAUTENKRANZ, City Flerk LOCATION MAP PROJaCT NAME ASSESSMEN T 0ISTRI.C T 86-2 vlcpcrrvw N. T. 9. PnoJ- EXHlBll 3r& I AGENCY: PROJECT : TO: CITY OF CARLSBAO ASSESSMENT DISTRICT NO. 86-2 (APPIAN ROAD) CITY COUNCIL CITY OF CARLSBAD ENGINEER ' S "REPORT" PURSUANT TO THE PROVISIONS OF CHAPTER 27 OF THE "IMPROVEMENT ACT OF 1911", AND SPECIFICALLY SECTION 5882 THEREOF The CITY COUNCIL of the CITY OF CARLSBAO, STATE OF CALIFORNIA, has initiated proceedings pursuant to the provisions of Chapter 27 of the "Improvement 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 w ) 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 construction within the sixty (60) days period, as authorized and required by law; and, 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 "Report" 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 SUPERINTENOENT 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 EXHIBIT 2 Quantities: (continued) 825 Square Feet of A.C. Pavement R emov a1 $ 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 I I. INCIDENTAL EXPENSES $ 6,765.00 O Inspection O Design O Legal 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) $2 1,575.4 1 This "Report" is hereby prepared, submitted and filed with the City Clerk on the 7th day of April , 1987. U# -,b SUPERINTENDENT OF STREETS CITY OF CARLSBAD STATE OF CALIFORNIA APPIAN ROAD ASSESSMENT DISTRICT Leqal 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. F. MACKENZIE BROWN' WARREN B. DIVEN DANIEL S. HENTSCHKE *A PROFESSIONAL CORPOR4TION - BROWN 8 DlVEN P. 0. BOX 8025 FAIRBANKS RANCH PLAZA RANCHO SANTA FE. CALIFORNIA 92067 TELEX (6191 756-0412 SAN DlEGO (6191 456-1915 (7141 551-1915 ORANG E LOS ANGELES (213) 587-1915 VENTURA (6051 653-1915 RIVERS1 DE (7141 359-5469 April 17, 1987 Aletha Rautenkranz, City Clerk City of Carlsbad 1200 Elm Avenue Carl sbad, CA 92008 RE: ASSESSMENT DISTRICT NO. 86-2 (APPIAN ROAD) Dear Aletha: Enclosed herein please find the following documents in connection with the public hearing scheduled for May 5, 1987: 1. RESOLUTION CONFIRMING ASSESSMENTS: This is the formal action of the City Council levying the lien on the properties for the works of improvement. 2. RESOLUTION AUTHORIZING ISSUANCE OF BONDS: Formal action authorizing the issuance of bonds. 3. RESOLUTION APPROVING AGREEMENT: This is the formal action approving the agreement between the City and the property owner for the formation of the Assessment District. *** 4. NOTICE OF FINAL ASSESSMENT (MAILING): This Notice should now be completed and mailed to each property owner advising him of his final confirmed assessment. 5. NOTICE OF LIEN AND ASSESSMENT (RECORDATION): This document is now ready for recordation, but note that it must be completed by insertion of the following: A. Name of property owner; B . Compl ete 1 egal descri pt i on; C. Confirmed assessment amount. 6. INSTRUCTION SHEET: The Instruction Sheet sets forth the notice requirements to be imposed upon the which must now be accomplished in order to allow the lien property. 7. CERTIFICATE OF COMPLIANCE: To be executed and kept on of these proceedings upon compliance with all notice requ file with the transcript rements. **** &&a @+ BROWN 8 DIVEN - Aletha Rautenkranz, City Clerk City of Carlsbad April 17, 1987 Page Two We would appreciate receiving an executed copy of the Certificate of Compliance, showing that all steps and actions have been taken, as well as conformed copies of the Resolutions enclosed. If flve any questions upon your review, please call. ~~~, . MA KEN IE BROWN FMB: bd encl . cc: Richard Allen, City Assessment Engineer Ray Patchett, Assistant City Manager Vincent Biondo, Esq., City Attorney NOTICE OF COMPLETION MUNICIPAL PROJECTS To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on February 16, 1987 the Engineering project consisting of half street improvements to Appian Road south of Elm Avenue in front of the Frazee property on which Southland Paving Company was the Contractor, and AM West Surety Insurance Company was the surety, was completed. CITY OF CARLSBAD VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad; the City Council of said City on hCy 5 19~7 accepted the above described work as completed and ordered that a Notice of Completion be filed. I 1 I declare under penalty of perjury that the foregoing is true and correct. Executed on ay L, IF 8 7 at Carlsbad, California. I CITY OF CARLSBAD City Clerk EXHIBIT 3 NOTICE OF FINAL ASSESSMENT May 6, 1987 TO : John and Dianne Frazee 2410 Appian Road Carlsbad, CA 92008 RE : ASSESSMENT DISTRICT NO. 86-2 (APPIAN ROAD) NOTICE IS HEREBY GIVEN that assessments have now been confirmed against your property for the construction of certain improve- ments in an assessrnent district under the provisions and authority of Chapter 27 of the "Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of California, said special assessment district known and designated as ASSESSMENT DISTRICT NO. 86-2 (APPIAN ROAD) (hereinafter referred to as the "ASSESSMENT DISTRICT") . NOTICE IS GIVEN that if said assessment is not immediately paid, bonds shall be issued to represent each unpaid assessment of One Hundred Fifty Dollars ($150.00) or more in serial form. The term of the bonds shall be NINE (9) YEARS from the second day of January next succeeding the next September 1st following their date and, at the expiration of said time, the whole principal sum then unpaid shall be due and payable. If you have any questions, please contact the person indicated below: RICHARD ALLEN CITY ASSESSMENT ENGINEER CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 TELEPHONE: (619) 438-1161, EXT. 4389 RICHARD H. .ALLEN , City Assessemnt Engineer YOU SHOULD VERIFY AND CHECK THE OWNERSHIP OF YOUR PROPERTY BEFORE YOU PAY THIS BILL, WHICH IS PAYABLE AT THE OFFICE OF THE TREASURER. THE COSTS ASSESSED AGAINST YOUR PROPERTY IS AS FOLLOWS: JR. ' ' ASSESSMENT NUMBER 1 PROPERTY DESCRIPTION APN 167-381-36 (see attached for legal description) FINAL ASSESSMENT $21,575.41 . APPIAN ROAD ASSESSHENT DISTRICT Legal Description: That certain portion of Lot J, Rancho Agua 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,OO 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. NOTICE OF FINAL ASSESSMENT . May 6, 1987 TO : John and Dianne Frazee 2410 Appian Road Carlsbad, CA 92008 RE : ASSESSMENT DISTRICT NO. 86-2 (APPIAN ROAD) NOTICE IS HEREBY GIVEN that assessments have now been confirmed against your property for the construction of certain improve- ments in an assessnent district under the provisions and authority of Chapter 27 of the "Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of California, said special assessnent district known and designated as ASSESSMENT DISTRICT NO. 86-2 (APPIAN ROAD) (hereinafter referred to as the "ASSESSMENT DISTRICT") . NOTICE IS GIVEN that if said assessment is not immediately paid, bonds shall be issued to represent each unpaid assessment of One Hundred Fifty Dollars ($150.00) or more in serial form. The term of the bonds shall be NINE (9) YEARS from the second day of January next succeeding the next September 1st following their date and, at the expiration of said time, the whole principal sum then unpaid shall be due and payable. If you have any questions, please contact the person indicated below: RICHARD ALLEN CITY ASSESSMENT ENGINEER CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 TELEPHONE: (619) 438-1161, EXT. 4389 RICHARD H. ALLEN, JR. ' City Assessemnt Engineer YOU SHOULD VERIFY AND CHECK THE OWNERSHIP OF YOUR PROPERTY BEFORE YOU PAY THIS BILL, WHICH IS PAYABLE AT THE OFFICE OF THE TREASURER. THE COSTS ASSESSED AGAINST YOUR PROPERTY IS AS FOLLOWS: ASSESSMENT NUMBER 1 PROPERTY DESCRIPTION APN 167-381-36 (see attached for legal description) FINAL ASSESSMENT $21,575.41 APPIAN ROAD ASSESSHENT DISTRICT Legal Description: That certain portion of Lot 3, Rancho Agua 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. .- a '.' AGREEMENT TO FORM SPECIAL ASSESSMENT DISTRICT THIS AGREEMENT is made and entered into this 5th day of May 9 1987, by and between the CITY OF CARLSBAD (hereinafter referred to'as "City") and JOHN FRAZEE and DIANNE M. FRAZEE (hereinafter collectively referred to as "Property Owner I' ) . WHEREAS, Property Owner, in 1965 as a condition of developing his property, entered into an agreement that required the construction and installation of certain street improvements, including curbs, gutters and sidewalks, at the time City considers a special assessment district or upon demand; and, WHEREAS, subsequent thereto, City did cause a change in grade in the street fronting the property of Property Owner; and, WHEREAS, at this time City is considering proceedings to form a special assessment district pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911", that would cause the construction of the required fronting improvements; and, WHEREAS, at this time City is willing to advance as a contribution the monies to pay for the additional grading work estimated to be $13,000.00; and, WHEREAS, City and Property Owner are in agreement that the City should proceed with the formation of the special assessment district for the construction of the improvements, with the City contributing funds to pay for the additional grading works of improvement; and, WHEREAS, City is also desirous to have City cause the construction of the works of improvement rather than to allow Property Owner to proceed to construct said improvements. NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That City does agree to appropriate funds to pay for additional grading work, said work caused by a change in the official street grade subsequent to the original agreement between City and Property Owner. SECTION 3. City shall continue proceedings for the formation of the Assessment District, with City awarding the contracts and supervising the construction and inspection of the works of improvement. SECTION 4. The works of improvement shall meet the current standards of the City and Property Owner shall be assessed for all costs and expenses of the works of improvement, with City making a contribution to pay for certain additional grading work. SECTION 5. Property Owner agrees to the formation of the Assessment District and acknowledges that the costs for the construction of the works of improvement, less the additional grading, including the required inspection and soils expenses, shall be assessed to his property. For a breakdown as to the estimated costs of the improvements and the allocation, reference is made to the attached, referenced and incorporated Exhibit "All. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first hereinabove written. CITY OF CARLSBAD STATE OF CALIFORNIA ATTEST: &L&- i.6- CITY CLERK I CITY OF CARLSBAD STATE OF CALIFORNIA -U*L DIANNE M. FRAZEE , ITEM - CONSTRUCTION: EXHIBIT 'A' APPIAN ROAD ASSESSMENT DISTRICT BREAKDOWN AND ALLOCATION OF COSTS Fence removal and replace Masonry wall - saw cut A.C. pavement removal Tree removal Excavation Reset sewer cleanout Concrete curb and gutter A.C. paving A.C. overlay Concrete sidewalk Slope planting INSPECTION SOILS TESTS ESTIMATED COST FRAZEE $ 2,415.70 $ 550.00 $ 906.00 $ 921.60 $ 839.36 $ 355.20 $ 3,141.60 $ 6,140.40 $ 664.00 $ 2,427.60 $ 1,480.00 $ 400.00 $ 500.00 $&741_. 46d CITY - $13,000.00 $&ooo.oq RHA: lch 08/28/86 - J+ . 1 1 1 1 1 1 1 1 1 21 2: 2; 2: 21 2: 2t 27 28 RESOLUTION NO. 9007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARCSBAD, CALIFORNIA, APPROVING REPORT AND AUTHORIZING PUBLIC HEARING WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFOR- 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 zonstruction of certain authorized improvements in a special assessment district known and designated as ASSESSMENT DISTRICT IO. 86-2 (APPIAN ROAD/CHAPTER 27) (hereinafter referred to as the "As s e s smen t D i s t r i c t 1 ; an d , WHEREAS, construction of the improvements has been completed )y the City and at this time the City Council desires to autho- -ize the Notice of Filing Assessment and Time of Public Hearing to be given to each property owner within the above-referenced \ssessment District. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and :orrect. SECTION 2. That the Public Hearing will be held on MAY 5, 1987, at 6:OO P.M. in the Council Chambers, 1200 Elm Avenue, :ar 1 s bad. SECTION 3. That the construction of the authorized improve- ients has been completed and the "Report" of the Superintendent )f Streets of the cost of the construction has been submitted and s herein approved. The Superintendent of Streets is further authorized to notify the property owners within the Assessment *- ir ( I I ! 1( 1: 1: 1: 14 1: 1t 17 1E 1s 2c 21 22 23 24 25 26 27 28 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 d aY April , 1987, by the following vote, to wit: AYES: Council Members Lewis, Pettine, Mamaux, and Larson NOES: None A B S E N T : Council Member Kulchin ATTEST: ALETHA I-. RAUTENKRANZ, City Cjerk (SEAL) of 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk QCitp of darls'bab May 13, 1987 F. Mackenzie Brown Brown 6 Diven P.O. Box 8025 Fairbanks Ranch Plaza Rancho Santa Fe, CA 92067 Re: Appian Road Assessment District Enclosed for your records are conformed copies of the following documents: 1. Certificate of Compliance with Notice Requirements 2. Resolution Nos. 9051, 9052, and 9053 3. Agreement To Form Special Assessment District 4. Notice of Lien and Assessment TELEPHONE: (619) 434-2808 ,/beputy City Clerk Encs. AGENCY: CITY OF CARLSBAD PROJECT: ASSESSMENT DISTRICT NO. 86-2 (APPIAN ROAD) INSTRUCT1 ONS (CHAPTER 27) Upon adoption of the Resolutions, the following Notice requirements must be met and accomplished: NOTICE OF FINAL ASSESSMENT (MAILING) A copy of the NOTICE OF FINAL ASSESSMENT shall be mailed to each property owner within the boundaries of the Assessment District, said mailing to be made to the owner as shown on the last equalized County assessment roll, or as their names and addresses are known to the City Clerk. ASSESSMENT DIAGRAM (RECORDING) A copy of the ASSESSMENT DIAGRAM shall be filed in the Office of the County Recorder. A fee is applicable for said filing. NOTICE OF LIEN AND ASSESSMENT (RECORDING) Immediately thereafter a format of the NOTICE OF LIEN AND ASSESSMENT shall be recorded in the Office of the County Recorder. Note that prior to recordation, there shall be included or attached thereto, a listing of the property owners, together with full legal descriptions, as well as the amount of their confirmed assessment. Note that the property must be described by a legal description and not merely a reference to the tax code identification number for purposes of lien coverage and in order to allow the title companies to discover the existence of the 1 ien. NOTICE OF COMPLETION (RECORDING) Upon approval by the City Council, a NOTICE OF COMPLETION should be placed of record in the Office of the County Recorder. CONFORMED COPIES This office would appreciate receiving conformed copies of the Resolutions, together with the Certificate of Compliance, and a copy of the Notice as mailed, together with a copy of the Yotice of Lien and Assessment showing recordation in the Office of the County Recorder. *** CERTIFICATE OF COMPLIANCE WITH NOTICE REQUIREMENTS CHAPTER 27 OF THE "IMPROVEMENT ACT OF 1911" STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD ALETHA L. RAUTENKRANZ, deposes and says UNDER PENALTY OF PERJURY: That during all of the times herein mentioned the undersigned was, and now is, the duly qualified and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, and as such, accomplished or caused to be accomplished the following notice requirements: MAILING , 1987, pursuant to the provisions of being Division 7 of the Streets and That on the Chapter 27 of Highways Code of the State of California, notice was of the confirmed assessment to cover the sums due for the work and improvements done and performed pursuant to proceedings had and taken by the legislative body, by mailing a Notice of Final Assessment, postage prepaid, to each person owning property in the assessment district known and designated as ASSESSMENT DISTRICT NO. 86-2 (APPIAN ROAD) (hereinafter referred to as the nAssessment District") at the last known address as it appears on the last equalized assessment roll of the County, or as said names and addresses are known to the undersigned. A copy of said Notice, as mailed, is attached hereto. RECORDING A. A copy of the ASSESSMENT DIAGRAM was filed in the Office of the County Recorder B. Thereafter, a NOTICE OF LIEN AND ASSESSMENT was recorded in the Office of the County Recorder. Attached to said Notice of Lien and Assessment was information showing the name of each property owner, the amount of the confirmed assessment, together with a legal description setting forth in full a description of the property subject to the lien and assessment for the above-referenced Assessment District. Said Notice was recorded on the /3& day of Y 1987. on the /* day of AA~ , 1987. / C. A NOTICE OF COMPLETION was recorded in the Office of the County Recorder on the - /3* day of NAV , 1987. EXECUTED this day of &?4)/ , 1987, at Carlsbad, California. f CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA