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
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: 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.
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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
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! 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
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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
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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,
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WHEREAS, it is desired to confirm the "Report" of the Super- I
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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
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i I NOW, THEREFORE, IT IS HEREBY RESOI-VED AS FOLLOWS: I
SECTION 1. That the above recitals are all true and , 6
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correct. j
SECTION 2. That all proceedings heretofore conducted i
I pursuant to Chapter 27 of the "Improvement Act of 1911" for the 1
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construction of certain improvements in the Assessment District
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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
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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
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I the Office of the County Recorder a Notice of Lien in the form j
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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:
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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
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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.
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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
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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
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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
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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, '
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I SECTION 7. Place of Payment. The principal and interest on j
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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
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AYES:
NOES: None
Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
ABSENT: None
A T ‘r E S T :
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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:
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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
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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
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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 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