HomeMy WebLinkAbout1988-04-19; City Council; 9395; Cynthia Lane AD 86-03 Public HearingCI’V OF CARLSBAD - AGENP BILL c*
AB#.z TITLE:
MTG. 04/19/88 RssEssMEuT DISI'RICI NO. 86-3
DEPT.- t- =I HJBLICHEMING--
\w
CITY ATTY
CITY MO II+&&
RECOMMENDED ACTION:
1. Adopt Resolution No. gg-131 ordering certain 'lzhanges and mdifications to the Engineer's IQeport.'l
2. Adept RasolutionNo. ~~-~~~amfixming IQepo?Y of the,Superirrb&nt ofStreetsandlevyingaCEmEnb inChapter27proc~dxq .
3. Adopt &solution No. KY”113 awarding the sale of bonds.
On April 5, 1988, cauncil apened the @lit hearing on this district. At themeeting,cauncilrequestedmoreinformationonthreei~:
1. Mr. Medina's assemmntandwhetheritwascorrect.
2. whether15-yearbondscauldbeusedandwfrattheirrterestrate~d he.
3. Moreinformationonincidentalcc6ts.
Willdan Associates checked Mr. Medina's assessmentandfoundittobein errcrbecauseofanermrinthefrontfootageofhisproperty. Allother flmntageswere mche&edandfoundtobecorrect correcting Mr. Medina's frontageloweredhis assessment by $3,174. mis,unfolkunately,causesall other assessmentS to inaease by an average of approximately $425. The revised-and amount of change are shown on Exhibit 3.
StoneandYomgberyhasagreedtoextedthebordtemtol5yearsatan . mterest rate of 7.15% (the ten-year bond interest would be 7.00%). Staff mcamaxk that 15-year bonds be sold.
The incidental eqenses for this projectwere reviewed and faurad to be slightly below typical expmses for an asmxment district of this size. Staff will explain those expemes inmcredetail atthemeeting.
Thepurpcseofthepublichearingistoallmthepmpertymners to have inputtothe- amount as contained in the Qep~rt~~ of the superinment of Streets. If Cbuncil finds the -amountstobe comect,the"Rqmt'shouldbeconfirmedand assesmmtleviedby adcpting the resolution.
The amers have 30 days topaythe aaesaent, or a portion of it in cash, or bonds will be sold and they will pay off the Boveraperiodof approximately 15 years. Aresoluticnis attached authorizingthe saleof the bonds.
The total project cost - including comtmction and incidentals - was $227,241.63. Design,suweyan=irelatedoasts~spreadtoall12awners. HOWW'Z, Sincethree- constructed their own inpmwments they cannot be asses&l for the design and related costs. These costs annIn $15,501.02 and represent a cc& for whi& the City will not be 2 2 mlle&areimbPlrsement . The balame of $211,740.61 will be assessed to the llilE?property-. The City adwmced the fun% to cover the costs on this project andexceptasnotedabove,willbe~~hJxrsed frcunthesaleof hOlIdS.
Details of the costs and irdividual assessments are contained in the lReport"oftheSuperintendentofStreets~~isa~~~.
l%e City has received an offer to pwxhase the bonds from Stone and Youngbeq for a time period of 15 years at an interest rate of7.15%.
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Imation Map
order of procedure
Revised-spread
"Report" of the Superinte&kntof Streets
CertificateofCo@iamewithNoticeF&qhmmb
FtesolutionNo.~~-131 otiering certain changes andmodifications.
Resolution No. FE-//a confirming %eporttt of the Superintemknt of streetsand1evying assesmmtsinUqter27proc=eedings.
Resolution No. rP-//X awarding the sale of bonds.
LOCATION MAP
AVENUE
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LEGEND
VmwrYMAP
N. t. 9.
PROJECT NAME PUOJ. NO- EXHI6IT
CYNTHIA LANE ASSESSMENT DISTRICT 3161 I
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ORDBR O? PROCEDDRE
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 86-3
(CYNTHIA LANE)
DATE OF CONTINUED PUBLIC HEARING: APRIL 19, 1988
PUBLIC HEARING
FOR CONSIDERATION:
MAYOR:
STAFF:
MAYOR:
HEARING REQUIRED PURSUANT TO THE "IMPROVEMENT ACT OF 1911"
(CHAPTER 27)
Announce that this is the time and place fixed for the
continuation of the public hearing on protests or objec-
tions to the Engineer's "Report" and all other matters
relating to the assessment district designated aa Assees-
ment District No. 86-3 (Cynthia Lane).
- Presentation of proposed changes and modifications as
follows:
A. Changes and modifications to epread of assessments
and costs to property owner8
B. Modification of bond term from 10 to 15 years.
C. Staff recommendation.
END OF STAFF REPORT - OPEN FOR PUBLIC DISCUSSION
ASK EACH SPEAKER TO IDENTIFY THEMSELVES AND THEIR
PROPERTY.
Protests should address the following:
A. Method of assessment spread and apportionment.
B. Satisfactory completion of the work.
C. Term of Bonds.
STAFF AND CITY COUNCIL: Diecussion.
CITY COUNCIL: By Motion, declare continued Public Hearing CLOSED.
EXHIBIT 2
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- ORDER OF PROCEDURE
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 86-3
(CYNTHIA LANE)
PAGE TWO
DATE OF CONTINUED PUBLIC HEARING: APRIL 19, 1988
IF THE LEGISLATIVE BODY WISHES TO PROCEED:
CITY COUNCIL:
CITY COUNCIL:
CITY COUNCIL:
Adopt RESOLUTION ORDERING CERTAIN CHANGES AND MODIFICA-
TIONS: This Reeolution orders changes and modifications
in the spread of aeseeemente to correctly reflect the
benefit apportionment, and extends term of bonds from 10
to 15 years.
Adopt RESOLUTION CONFIRMING "REPORT" AND LEVYING
ASSESSMENTS: This Reeolution confirms the amended
"Report" of the Engineer and levies the assessment on the
benefited properties within the boundaries of the
Assessment District and extends the bond term from 10 to
15 years.
Adopt RESOLUTION MAKING AWARD FOR SALE OF BONDS: This is
the formal acceptance of the offer to pUrChaBe bonds made
by Stone 61 Youngberg and extende the bond term from 10 to
15 years.
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RlYNEEDAssEssMwTSpREAD
4-11-88
Original Revised Smead Smead Difference
3
4
5
6 Gastelm
7
8
9
10
11
12
Gilbert
Gatstelum
oathout
Medina
Buena Fmp.
Wickham
Iiin
-O- -O-
-O- -O-
$26,156.95 $26,583.54
26,285.48 26,714.18
29,670.25 26,496.46
26,006.99 26,431.14
25,921.30 26,344.05
19,708.76 20,030.19
32,13.2.42 32,636.14
-O- -O-
13,024.92 13,237.34
l2,853.53 13,063.16
-
mm
+ $426.59
+ 428.70
-3,173.79
+ 424.15
+ 422.75
+ 321.43
+ 523.72
-
+ 212.42
+ 209.63
EXHIBIT3
AGENCY: CITY OF CARLSBAD
PROJECT: ASSESSMENT DISTRICT NO. 86-3
(CYNTHIA LANE)
TO: CITY COUNCIL
ENGINEER’S “REPORT”
PURSUANT TO THE PROVISIONS
OF CHAPTER 27 OF THE
“IMPROVEMENT ACT OF 1911 ‘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
“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. 86-3 (CYNTHIA LANE) (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 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, and the
designated Superintendent of Streets has prepared the necessary “Report”
setting froth the final costs of construction and installation, including in-
cidental expenses, and a description of all property benefitted from the works
of improvement and to be assessed therefor; and
WHEREAS, the City also authorized the issuance of serial bonds in accordance
with Division 7 of the Streets and Highways Code (“Improvement Act of
1911 ‘I) to represent each assessment of One Hundred Fifty Dollars ($150.00)
or more remaining unpaid for thirty (30) days after the date of recordation of
the diagram and assessment for this improvement. The serial bond shall
extend over a period not to exceed FIFTEEN (15) YEARS from the second day
of January next succeeding the next September 1st following their date. The
interest rate on said bonds shall not exceed the current legal maximum rate of
12% per annum. Said bonds, upon redemption, shall provide a legal maximum
rate of 12% per annum. Said bonds, upon redemption, shall provide a pre-
mium of five percent (5%) on the unmatured principal, and the first two per-
cent (2%) collected as a delinquency shall be retained by the Treasurer as a
cost for servicing the delinquency.
Rev. 4-88
I, the appointed SUPERINTENDENT OF STREETS, submit herewith the follow-
ing “Report II 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 pro-
portion to the benefits received.
The costs to be assessed are set forth as follows with a detailed breakdown
on the following pages:
I. CONSTRUCTION $161 ,600.19
II. INCIDENTAL EXPENSES 65,425.50
III. TOTAL CONSTRUCTION AND
INCIDENTAL EXPENSES 227,025.69
IV. CONTRIBUTION 18,883.98
V. BALANCE TO ASSESSMENT 208,141 .71
The parcels and properties to be assessed are generally set forth as follows:
ASSESSMENT TAX CODE
NUMBER PARCEL
AMOUNT OF
ASSESSMENT
1 156-230-37 $ 0.00
2 156-230-38 0.00
3 156-230-41 26,156.96
4 156-230-42 26,285.50
5 156-230-49 26,071.27
6 156-230-50 26,007.OO
7 156-230-52 25,921 .31
8 156-230-59 19,708.77
9 156-230-60 32,112.44
10 156-230-62 0.00
11 156-230-63 13,024.92
12 156-230-64 12,853.54
The district costs have been spread to each parcel in relation to the benefits
received. This has been based on the front footage of each parcel in accor-
dance with previous presentations to the City Council.
The three parcels receiving a zero assessment have exercised their option to
construct the improvement themselves and thus the City’s contractor did not
complete any work along those parcels. A portion of the cost to initiate the
District and to prepare the plans, however, benefitted these parcels. This
cost ($18,883.98) has been shown as a City contribution to the district. This
“contribution” is offset by permit fees which were paid by the three property
owners who completed their own frontage improvements.
Rev. 4-88
CITY OF CARLSBAD
ASSESSMENT DISTRICT 86-3
CYNTHIA LANE
Final Construction Costs :
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
Clear & grub
Unclassified excavation
AC paving
Aggregate base
Curb & gutter
Survey monument
Street lights
Fire hydrant
6” water main
1” air release valve
1” water service
8” water main
6” VCP water
Sewer access hole
Sewer cleanout
Sewer lateral
Joint utility trench
Gas trench
3” elec conduit .
2” elec conduit .
4” elec conduit .
Telephone conduit
SDGEE
Telephone
Cable TV
$ 14,912.50
18,067.OO
11,822.40
7,939.72
10,749.17
325 .OO
2,880.OO
2,700.OO
8,946.OO
650.00
8,625.OO
6,516.OO
8,364.OO
3,800.OO
5,225.OO
9,ooo.oo
7,008.OO
525.00
630.00
3,300.oo
2,317.50
904.00
$134‘660.29
21,444.90
3,495.oo
2,ooo.oo
$161 ,600.19
Rev. 4-88
.
INCIDENTAL COSTS
Design Engineer*
Right-of-Way Engineering*
Des. Survey*
Soils Engineer*
Prev. Mgmt. (thru design)*
Assessment Engineer
Reproduction
Advertising
Construction Management
Inspection
Material Testing
Bond Servicing
Bond Discount (4%)
Bond Counsel (2%)
$13,925.00
12,350.OO
3,550.oo
900.00
4,174.46
5,ooo.oo
807 .OO
405.00
6,065.OO
2,835.OO
926 .OO
2,ooo.oo
8,325.67
4,162.83
$65,425.50
* These items were spread to the property owners who completed the work on
their own. The total cost is represented as a contribution.
Rev. 4-88
_--
This “Report” is hereby prepared, submitted and filed with the City Clerk on
the 18th day of APf;) , 1988. I
l
I * SUPERINTENDENT OF STREdTS
CITY OF CARLSBAD
STATE OF CALIFORNIA
I, ALETHA RAUTENKRANZ, as CITY CLERK of the CITY OF CARLSBAD,
CALIFORNIA, do hereby certify that the foregoing Assessment, together with
the Diagram attached thereto, was filed in my office on the j 9 t1 day of
, 1988.
aesda -1.Rn*A
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
I, ALETHA RAUTENKRANZ, as CITY CLERK of the CITY OF CARLSBAD,
CALIFORNIA, do hereby certify that the foregoing Assessment, together with
the Diagram attached thereto, was confirmed by the City Council of said City
on the w-h day of e , 1988.
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
Rev. 4-88
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT 86-3
(CYNTHIA LANE)
CITY OF CARLSBAD, CALIFORNIA
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CERTIFICATE OF COMPIJANCE
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
ALETHA RAUTENKRANZ, under penalty of perjury, hereby CERTIFIES that the undersigned
is the duly qualified and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA.
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. 86-3 (CYNTHIA LANE) (hereinafter referred to as the "Assessment
District") in the following manner:
1. Personal service was made on the property owners on the day of , 1988.
OR, IN THE ALTERNATIVE,
A copy of said Notice was mailed, postage prepaid, on the 21 cday of wa
1988, to the person in possession of said property or to the owner thereof a;
his last known address as the same appears on the last equalized assessment of
the County, or as their names and addresses 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,
33 e
was posted in a conspicuous place on the property on the
day of FV&CH , 1988.
3. APRIL P-l A copy of the AGENDA for the meeting of Wu!s&m&, 1988, setting forth a general
description of the project and the time and place of the meeting, was posted in
a location freely accessible to the general public at least 72 hours before the
time set for said meeting; said posting being accomplished on the ]5thday of
, 1988. $j&‘@,\L
-6 EXECUTED thiB 15 day of , 1988, at Carlsbad, California. u
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
EXHIBIT 4 -(
RESOLUTION NO. 88-131
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ORDERING
CERTAIN CHANGES AND MODIFICATIONS TO
THE ENGINEER'S "REPORT" IN A SPECIAL
ASSESSMENT DISTRICT
5 WHEREAS, the CITY COUNCIL of CITY OF CARLSBAD, CALIFORNIA,
6 has heretofore instituted and conducted proceedings under the
7 terms and provisions of Chapter 27, being Article 2 of Part 3 of
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Division 7 of the Streets and Highways Code of the State of
California ("Improvement Act of 1911"), for the construction of
certain works of improvement in a special assessment district
known and designated as ASSESSMENT DISTRICT NO. 86-3 (CYNTHIA
LANE) (hereinafter referred to as the "Assessment District"); and
WHEREAS, at this time it is further decided that the term of
the bonds should be extended to provide a more favorable payment
program for the property owners within the boundaries of the
Assessment District; and,
WHEREAS, based upon the presentation and recommendations of
staff and available documentation, it now appears that the
changes and modifications as set forth in the amended assessment
roll and Engineer's "Report", as presented herein, should be
approved and ordered to be done, said changes increasing the City
contribution, but not causing any increase in any assessments
from those as previously set forth in the Engineer's "Report" and
noticed.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and
correct.
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SECTION 2. That the term of bonds shall be extended from
ten to fifteen (15) years, and the paragraph in the bond relating
to the terms shall read as follows:
"Serial bonds shall be issued in accordance with Divi-
sion 7 of the Streets and Highways Code of the State of
California ("Improvement Act of 1911") to represent
each assessment of $150.00 or more remaining unpaid for
thirty (30) days after the date of the confirmation of
the "Report" of the Engineer. The serial bonds shall
extend over a period of not to exceed FOURTEEN (14) YEARS from the 2nd day of January next succeeding the
next September 1st after their date."
SECTION 3. That the changes and modifications to the spread
>f the assessments, as set forth in the amended assessment roll
nnd Engineer's "Report", increasing the City contribution, are
nereby ordered to be made, authorized and approved. For all
particulars as to the final assessments, reference is hereby made
-0 said "Report", a copy of which shall remain on file with the
transcript of these proceedings and remain open for public
inspection.
SECTION 4.
X011, and all re
That the Engineer's "Report", the Assessment
lated documentation, as modified, reflects the
Einal apportionment of the spread of the assessments in accor-
lance with the benefits that each lot or parcel receives from the
improvements, and said "Report", as modified, shall stand as the
'Report" for all subsquent proceedings relating to this Assess-
nent District.
PASSED, APPROVED AND ADOPTED by the City Council of the City
>f Carlsbad at its regular meeting held on the 19th day of
April , 1988, by the following vote, to wit:
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AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
,
II ALETHA L. RAUTENKRANZ, City Cle\k
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RESOLUTION NO. 88-112
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD CALIFORNIA, CONFIRMING "REPORT"
OF THE SUPERINTENDENT OF STREETS ON COST OF
CONSTRUCTION, AND LEVYING ASSESSMENTS IN
CHAPTER 27 PROCEEDINGS UNDER THE "IMPROVEMENT
ACT OF 1911"
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, 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"),
has authorized that certain works of improvement shall be
constructed and installed in front of certain privately owned
properties in what is known and designated as ASSESSMENT DISTRICT
NO. 86-3 (CYNTHIA LANE) (hereinafter referred to as the "Assess-
ment District"); and,
WHEREAS, at this time all construction of the works of
improvement has been completed pursuant to proceedings under
Chapter 27 of the "Improvement Act of 1911", and notice of the
final cost of construction, together with the date, time and
place for public hearing, has been given in the manner and form
as authorized by law; and,
WHEREAS, all property owners and/or other interested persons
have had an opportunity to be heard and present testimony as it
relates to the method of the construction and/or the manner and
apportionment of the final spread of the assessments; and,
WHEREAS, this legislative body is now satisfied, with the
final "Report" of the Engineer as submitted, and is ready and
desirous to proceed to approve said "Report" and confirm the
assessments.
1
2 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
3 SECTION 1. That the above recitals are all true and
4 II
correct.
5 SECTION 2. That all protests and objections of any kind as
6 received are hereby overruled and denied.
7 SECTION 3. That all proceedings heretofore conducted
8 pursuant to Chapter 27 of the "Improvement Act of 1911" for the
9 construction of certain improvements in the Assessment District
10 have been conducted in the form and manner required by law, and
11 are herewith confirmed and approved.
12 SECTION 4. That the "Report" of the Engineer, as revised,
13 corrected or modified, is herewith approved and confirmed.
14 SECTION 5. That the coat of construction of the works of
15 improvement, including all incidental costs and financing costs,
16 is hereby confirmed and assessed against the parcels of property
17 benefited and fronting upon the improvements so constructed, all
18 as set forth in the "Report" of the Engineer, as submitted, and
19 said "Report" as submitted, is hereby incorporated herein by
20 reference as though fully set forth.
21 SECTION 6. That all such costs so assessed, if not paid,
22 shall constitute a special assessment against the respective
23 parcels of property involved from the recordation of NOTICE OF
24 LIEN AND ASSESSMENT, which lien shall continue until the assess-
25 ments and all interest thereon have been paid and totally
26 discharged.
II
27 II
SECTION 7. That as previously authorized, serial bonds
28 shall be issued in accordance with Division 7 of the Streets and
Highways Code of the State of California ("Improvement Act of
1911") to represent each assessment of $150.00 or more remaining
unpaid for thirty (30) days after the date of the confirmation of
the "Report" of the Engineer. The serial bonds shall extend over
a period of not to exceed FOURTEEN (14) YEARS from the 2nd day of
January next succeeding the next September 1st after their date.
SECTION 8. That this legislative body further elects to
provide that said bonds, upon redemption, shall provide a premium
of five percent (5%) on the unmatured principal, and said
language shall be added to the redemption clause in the bond form
to require the property owner to pay said premium in order to
discharge the obligation of the lien. This legislative body
further elects and declares that the first two percent (2%)
collected as a delinquency shall be retained as a cost for
servicing the delinquency, and the bond shall so delcare that
said penalty shall be retained by the Treasurer.
SECTION 9. That immediately upon the conclusion of the
public hearing and the confirmation of the "Report", the City
Clerk shall cause the following notice requirements to be met and
accomplished:
A. Mail to each owner of real property within
the Assessment District a NOTICE OF ASSESSMENT containing a desig-
nation and description of the property, the amount of the assess-
ment, the time and place of payment thereof, and a statement that
if assessments are not discharged, bonds shall be issued pursuant
to the provisions of the "Improvement Act of 1911" to represent
unpaid assessments.
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B. Publish in the designated newspaper a NOTICE
3 OF ASSESSMENT, said publication being once a week for two (2)
4 successive weeks; said NOTICE indicating the time and place for
5 payment and that bonds will be issued to represent unpaid
6 assessments.
7 C. File in the Office of the County Recorder a
8 certified copy of the assessment diagram in the form and manner
9 as authorized by Section 3114 of the Streets and Highways Code of
10 the State of California.
11 SECTION 10. Upon the completion of the 30-day cash collec-
12 tion period and the filing of the Certificate of Paid and Unpaid
13 Assessments, the City Clerk shall record in the Office of the
14 County Recorder the NOTICE OF LIEN AND ASSESSMENT as authorized
15 by Section 5895.1 and Section 3114 of the Streets and Highways
16 Code of the State of California.
17 II
PASSED, APPROVED AND ADOPTED by the City Council of the City
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of Carlsbad at its regular meeting held on the 19th day of
April , 1988, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
25
26 ALETHA L.
27 (SEAL)
II 28
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1
- 1 RESOLUTION NO. 88-113
2 RESOLUTION OF THE CITY COUNCIL OF THE CITY
3 OF CARLSBAD, CALIFORNIA, MAKING AWARD FOR
SALE OF BONDS, AND PROVIDING FOR THE ESTAB-
4 LISHMENT OF A REDEMPTION FUND
5 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
6 CALIFORNIA, has heretofore instituted and conducted proceedings
7 under the terms and provisions of the Chapter 27, being Article 2
8 of Part 3 of Division 7 of Streets and Highways Code of the State
9 of California (the "Improvement Act of 1911"), for the construc-
10 tion of certain public works of improvement, together with appur-
11 tenances and appurtenant work, in a special assessment district
12 known and designated as ASSESSMENT DISTRICT NO. 86-3 (CYNTHIA
13 LANE) (hereinafter referred to as the "Assessment District”);
14 and,
15 WHEREAS, in the Resolution of Intention it was determined
16 and declared that bonds should issue under the provisions of said
17 "Improvement Act of 1911"; and,
18 WHEREAS, at this time it is further declared that the term
19 of the bonds should be extended to provide a more favorable
20 payment program for the property owners within the boundaries of
21 the Assessment District; and,
22 WHEREAS, there has now been received, in proper form, an
23 offer to purchase said bonds to issue under said proceedings
24 (hereinafter the "proposal"), which is considered to best serve
25 the interests of owners of land included within the Assessment
26 District and should be accepted.
27 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
28
1
2 SECTION 1. That the above recitals are all true and
3 correct.
4 SECTION 2. That the term of bonds shall be extended from
5 ten to fifteen (15) years, and the paragraph in the bond relating
6 to the terms shall read as follows:
7
8
9
10
11
"Serial bonds shall be issued in accordance with Divi-
sion 7 of the Streets and Highways Code of the State of
California ("Improvement Act of 1911") to represent
each assessment of $150.00 or more remaining unpaid for
thirty (30) days after the date of the confirmation of
the "Report" of the Engineer. The serial bonds shall
extend over a period of not to exceed FOURTEEN (14) YEARS from the 2nd day of January next succeeding the
next September 1st after their date."
12 SECTION 3. That the proposal received from STONE &
13 YOUNGBERG for the purchase of improvement bonds representing
14 unpaid assessments in said Assessment District is hereby accepted
15 II
and approved.
16 SECTION 4. That said sale is subject to all the terms and
17 conditions as set forth in the the accepted proposal, and a copy
18 Of said proposal shall be kept on file with the transcript of
1g these proceedings.
II
20 SECTION 5. That the Treasurer be, and hereby is, directed
21 to have the bonds printed immediately upon the expiration of the
22 cash collection period, and said Treasurer shall then have said
23 bonds signed and delivered upon receipt of the amount of monies
24 due pursuant to said proposal and upon the performance of all the
25 conditions as set forth in the proposal.
26 SECTION 6. That the interest rate or rates on said bonds
27 be, and the same hereby is fixed at the rate or rates as set
28 forth in said accepted proposal.
-
1
SECTION 7. That the Treasurer 2 is hereby authorized and
3 directed to keep a redemption fund designated by the name of the
4 proceedings, into which he shall place all sums received for the
collection of the assessments and the 5 interest thereon, together
with all 6 penalties, if applicable, thereon and from which he
shall disburse such funds to the owner. Under no 7 registered
circumstances shall the said bonds or 8 interest thereon be paid
out of any other fund except as provided by law. Said fund shall 9
10 be known as the REDEMPTION FUND, and shall be designated by the
11 name of this Assessment District.
12 .
PASSED, APPROVED AND ADOPTED by the City Council of the City
13 of Carlsbad at its regular meeting held on the 19th day of
14 April , 1988, by the following vote, to wit:
15 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
16 NOES: None
17 ABSENT: None
18
lg ATTEST: II
20
21 ALETHA L.
22 (SEAL)
23
24
25
26
27
28
2075 LAS PALMAS DRIVE
= CARLSSAD, CALIFORNIA 92009459
Office of the City Engineer
TELEPHONE
(619) 438-1161
March 18, 1988
Richard T. f Marcella Gilbert 2810 Elmwood Street f (0 m-H=j-
Carlsbad, CA 92008
NOTICE OF PUBLICHEARING - CYNTHIA IJUdE ASSESSMENT DISTRICT
Notice is hereby given that a public hearing will be held on Tuesday, April 5, 1988 at 6:00 p.m. in the City Council Chambers, 1200 Elm Avenue Carlsbad, California regarding the Cynthia Lane Assessment District. Please read the attached NOTICE OF FILLING OF ASSESSMENT AND TIME OF PUBLIC HEARING for full details.
Attached is a copy of the Engineer's report which will be considered at the public hearing. The assessment number, tax code parcel and amount of assessment for your property have been marked in yellow on the report. Your parcel has also been marked in yellow on the map attached to the report.
The City has been in contact with underwriters who will sell the bonds for the assessment district. We anticipate that the interest rate will be under 8 percent.
City Assessment Engineer
RHA:rp
Attachments: 1. Notike of Filing of Assessment and Time of Public Hearing
2. Engineer's Report
c: City Engineer Finance Director City Clerk Al Virgilio - Project Manager Bob Sergeant - Willdan Associates Mat Brown - Law Offices of Brown & Diven
e (MAILING)
N(Xl'ICE OF FILING OF ASSESSNENT
ANU 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 by the contractor under the provisions of Chapter 27 of Part 3 of the
"Improvement Act of 1911", 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. 86-3 (CYNTHIA LANE) (hereinafter referred to as the "Assessment
District").
Said assessment shows the amount to be paid for the work and improvements, together
with all incidental expenses, and shows the amount of each assessment against each
lot or parcel of land assessed to pay the same.
Serial bonds shall be issued in accordance with Division 7 of the Streets and
Highways Code of the State of California ("Improvement Act of 1911") to represent
each assessment of $150.00 or more remaining unpaid for thirty (30) days after the
date of recording of diagram and assessment for this improvement. The serial bonds
shall extend over a period of not to exceed NINE (9) YEARS from the 2nd day of
January next succeeding the next September 1st after their date.
A period of thirty (30) days will be allowed after the confirmation of the
assessment to pay assessments in cash or to make payment against said assessments.
The balance of assessments will then become payable in annual intallments, and
serial bonds will be issued bearing interest at a rate to be determined on the sale
thereof; provided, however, that the rate shall not exceed the current legal maximum
rate of 12% per annum.
If the bonds are discharged prior to their maturity, the property owner shall
further pay a redemption premium of five percent (5%) on the unmatured principal.
The first two percent (2%) collected as a delinquency shall be retained by the
Treasurer as a cost for servicing the delinquency.
-
NOTICE IS HEREBY GIVEN THAT THE 5TH DAY OF APRIL, 1988, AT THE HOUR OF 6:00 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.
DATED: %t& /8/ , 1988.
SUPERINTENDENT OF STREETS
CITY OF CARLSBAD
STATE OF CALIFORNIA
THIS IS NOT A BILL. YOU WILL RECEIVE A BILL AFTER THE ASSESSMENT IS CONFIRMED. YOU
SHOULD CHECK THE IDENTITY OF YOUR PROPERTY AND THE ESTIMATED ASSESSMENT TO BE
CHARGED TO YOUR PARTICULAR PARCEL OF PROPERTY FOR THE WORKS OF IMPROVEMENT AS SET
FORTH IN THESE PROCEEDINGS AND SHOWN ON THE ATTACHMENT HERETO.
v AGENCY: CITY OF CARLSBAD
PROJECT: ASSESSMENT DISTRICT NO. 86-3
(CYNTHIA LANE)
TO: CITY COUNCIL
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 CARLSBAD, 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. 86-3 (CYNTHIA LANE) (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 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, and the
designated Superintendent of Streets has prepared the necessary “Report”
setting froth the final costs of construction and installation, including in-
cidental expenses, and a description of all property benefitted from the works
of improvement and to be assessed therefor; and
WHEREAS, the City also authorized the issuance of serial bonds in accordance
with Division 7 of the Streets and Highways Code (“Improvement Act of
1911”) to represent each assessment of One Hundred Fifty Dollars ($150.00)
or more remaining unpaid for thirty (30) days after the date of recordation of
the diagram and assessment for this improvement. The serial bond shall
extend over a period not to exceed NINE (9) YEARS from the second day of
January next succeeding the next September 1st following their date. The interest rate on said bonds shall not exceed the current legal maximum rate of
12% per annum. Said bonds, upon redemption, shall provide a legal maximum
rate of 12% per annum. Said bonds, upon redemption, shall provide a pre-
mium of five percent (5%) on the unmatured principal, and the first two per-
cent (2%) collected as a delinquency shall be retained by the Treasurer as a
cost for servicing the delinquency.
I, the appointed SUPERINTENDENT OF STREETS, submit herewith the follow-
ing “Report” for approval and final confirmation, and do hereby set forth the
Rev. 3-88
total costs and expenses of the improvements and assess said costs against
the parcels within the boundaries of the Assessment District in direct pro-
portion to the benefits received.
The costs to be assessed are set forth as follows with a detailed breakdown
on the following pages:
I. CONSTRUCTION $161,600.19
II. INCIDENTAL EXPENSES 65,641.44
Ill. TOTAL CONSTRUCTION AND
INCIDENTAL EXPENSES 227.241.63
IV. CONTRIBUTION 15,501.02
V. BALANCE TO ASSESSMENT 211.740.61
The parcels and properties to be assessed are generally set forth as follows:
ASSESSMENT TAX CODE AMOUNT OF
NUMBER PARCEL ASSESSMENT
1 156-230-37 $ 0.00
2 156-230-38 0.00
3 156-230-41 26,156.95
4 156-230-42 26,285.49
5 156-230-49 29,670.15
6 156-230-50 26,007.03
7 156-230-52 25,921.29
8 156-230-59 19,708.80
9 156-230-60 32,112.41
10 156-230-62 0.00
11 156-230-63 13,025.OO
12 156-230-64 12,853.49
The district costs have been spread to each parcel in relation to the benefits
received. This has been based on the front footage of each parcel in
accordance with previous presentations to the City Council.
The three parcels receiving a zero assessment have exercised their option to
construct the improvement themselves and thus the City’s contractor did not
complete any work along those parcels. A portion of the cost to initiate the
District and to prepare the plans, however, benefitted these parcels. This
cost ($15,501.02) has been shown as a City contribution to the district. This
“contribution” is offset by permit fees which were paid by the three property
owners who completed their own frontage improvements.
Rev. 3-88
. CITY OF CARLSBAD
ASSESSMENT DISTRICT 86-3
CYNTHIA LANE
Final Construction Costs:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
Clear E grub
Unclassified excavation
AC paving
Aggregate base
Curb E gutter
Survey monument
Street lights
Fire hydrant
6” water main
1 I’ air release valve
1” water service
8” water main
6” VCP water
Sewer access hole
Sewer cleanout
Sewer lateral
Joint utility trench
Gas trench
3” elec conduit
2” elec’ conduit
4” elec: conduit
Telephone conduit
SDGfE
Telephone
Cable TV
$ 14,912.50
18,067.OO
11,822.40
7,939.72
10,749.17
325 .OO
2,880.OO
2,700.OO
8,946.OO
650.00
8,625.OO
6,516.OO
8,364.OO
3,800.OO
5,225.OO
9,ooo.oo
7,008.OO
525.00
630.00
3,300.oo
2,317.50
904.00
$134,660.29
21,444.90
3,495.oo
2,ooo.oo
$161,600.19
Rev. 3-88
INCIDENTAL COSTS
Design Engineer*
Right-of-Way Engineering*
Des. Survey*
Soils Engineer*
Prev. Mgmt. (thru design)*
Assessment Engineer
Reproduction
Advertising
Construction Management
Inspection
Material Testing
Bond Servicing
Bond Discount (4%)
Bond Counsel (2%)
$13,925.00
12,350.OO
3,550.oo
900.00
4,174.46
5,ooo.oo
807.00
405.00
6,065.80
2,835.OO
926.00
2 ,ooo.oo
8,469.63
4,234.81
-965,641.44
* These items were spread to the property owners who completed the work on ’
their own. The total cost is represented as a contribution.
.
Rev. 3-88
This I’Report” is hereby prepared, submitted and filed with the City Clerk on
the day of , 1988.
SUPERINTENDENT OF STREETS
CITY OF CARLSBAD
STATE OF CALIFORNIA
I, ALETHA RAUTENKRANZ, as CITY CLERK of the CITY OF CARLSBAD,
CALIFORNIA, do hereby certify that the foregoing Assessment, together with
the Diagram attached thereto, was filed in my office on the day of
I 1988.
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
I, ALETHA RAUTENKRANZ, as CITY CLERK of the CITY OF CARLSBAD,
CALIFORNIA, do hereby certify that the foregoing Assessment, together with
the Diagram attached thereto, was confirmed by the City Council of said City
on the day of , 1988.
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
Rev. 3-88
.
‘.
1
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- ASSESSlhENT Dr,:%AM
ASSESSMENT DISTRICT 86-3
( CYNTHIA. LANE)
CITY OF CARLSBAD, CALIFORNIA
- .
DESCRIPTION DF WORK, LEGEND
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11
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14
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17
18
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21
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RESOLUTION NO. 88-72
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING REPORT AND AUTHORIZING
PUBLIC HEARING
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, 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
assessment district known and designated as ASSESSMENT DISTRICT
VO. 86-3 (CYNTHIA LANE) (hereinafter referred to as the "Assess-
nent District"); and,
WHEREAS, construction of the improvements has been completed
'y the City and at this time the City Council desires to autho-
rize the Notice of Filing Assessment and Time of Public Hearing
10 be given to each property owner within the above-referenced
issessment District.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are al
:orrect.
1 true and
SECTION 2. That the Public Hearing on the confirmation of
assessments and final approval of "Report" of Engineer will be
ield on April 5, 1988, at 6:00 P.M. in the Council Chambers, City
Iall, 1200 Elm Avenue, Carlsbad, CA.
SECTION 3. That the construction of the authorized improve-
lents has been completed and the "Report" of the Superintendent
)f Streets of the cost of the construction has been submitted and
.
1
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:
4
F L
fz
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10
11
12
13
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16
17
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24
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27
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is herein approved. The Superintendent of Streets is further
authorized to notify the property owners within the Assessment
District of the filing of the assessment and time of public
hearing, said assessments to show the amount to be paid for the
works of improvement, 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
provisions 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 8th day of
March , 1988, by the following vote, to wit:
AYES: Council Members Kulchin, Pettine and Larson
NOES: None
ABSENT: Council Members Lewis and Mamaux
iTTEST:
SLETHA L. RAUTENKRANZ, CithClerk
[SEAL)
CERTIFICATE OF COMPLIANCE
WITH NOTICE REQUIREMgNTS
ASSESSMENT DISTRICT NO. 86-3
(CYNTHIA LANE)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
ALETHA RAUTENKRANZ, under penalty of perjury, CERTIFIES AS FOLLOWS:
The undersigned is now, and at all times mentioned herein was, the duly qualified
and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, and as such, accomplished
the notice requirements in connection with the referenced Assessment District, as
noted :
RECORDATION
The original of the "Report" of the Engineer was recorded in the Office of the
Superintendent of Streets on the 14tk day of f?pR I& , 1988.
A copy of the was filed in the Office of the County Recorder, in
Assessment District Maps Book 22 , Page(s) 19 , on the 29-4 day
of ApQ IL , 1988, as Document No. 88 -900460
PUBLICATION
(CARLSBAD JOURNAL)
The NOTICE OF ASSESSMENT, pursuant to Section 6066 of the Government Code of the
State of California, was published once a week for two successive weeks, with at
least five days intervening between publications; said publications being
of , 1988.
accomplished on the 27r' day of APR 1 L , 1988, and on the 4 4-4 day
POSTING
A copy of the AGENDA for the meeting of April 19, 1988, setting forth a general
description of the project and the time and place of the meeting, was posted in a
location freely accessible to the general public at least 72 hours before the time
set for said meeting; said posting being accomplished on the j5r4 day of
APRIL , 1988.
MAILING
The NOTICE OF ASSESSMENT, pursuant to the provisions of Chapter 27 of the "Improve-
ment Act of 1911", was mailed, postage prepaid, to each person owning property in
the Assessment District at his last known address as it appears on the tax rolls of
the City, or on file in the Office of the undersigned, or to both addresses if they
are not the eame, or when no address appears, the same was mailed to the person
addressed to General Delivery, which Notice also designated the property within the
Assessment District belonging to each such owner and contained a statement of the
amount to be assessed against the property of each owner, respectively; said mailing
being accomplished on the a 1st day of APR I L , 1988.
EXECUTED this ]Dt4 day of hflf , 1988, at Carlsbad, California.
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
Carlsbad Journal
Decreed A Legal Newspaper by the Superlor Court of Sun Dirqo County
Mail all correspor:dence regardlng pubilc rlotlce odvertlsing to
North Coast Puh1,shers. Inc. corporate offices: P 0. Box 878. Enclnitus. CA 92024 (61 9) 753-6543
Proof of Publication
STATE OF CALIFORNIA, ss,
COUNTY OF SAN DIEGO,
I certify under penalty of perjury that the foregoing is true and
correct. Executed at Carlsbad, County of San Diego, State of The 4th California on
day of May, 19#39qf.- . I --., ~ ~
Clerk of the Printer
CERTIFICATE OF WMPLIA#Q
WITH NOTICE REQUIREMENTS
CHAPTER 27 OF THE "IMPROVEMENT ACT OF 1911"
- -
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
ALETHA 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.
' That on the 2 7 '' day Of , 1988, the CERTIFICATE OF PAID AND
UNPAID ASSESSMENTS for the ASSESSMENT DISTRICT NO. 86-3 (CYNTHIA LANE) was filed in
my Office.
That on the NO day of rud tL , 1988, 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, 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.
EXECUTED this 3an day of TU r~ , 1988, at Carlsbad, California.
CITY CLERK I CITY OF CARLSBAD
STATE OF CALIFORNIA
d .-
CERTIFICATB OF PAID Am) UNPAID ASSESSXBWl'S
WHEREAS, a "Report" of the Engineer was confirmed by the legislative body of the
CITY OF CARLSBAD, CALIFORNIA, in accordance with law, for the .work, improvements,
appurtenances and acquisitions, where necessary, in a special asseesment district
known and deeignated a6 ASSESSMENT DISTRICT NO. 86-3 (CYNTHIA LANE), pursuant to the
terms and provision8 of Chapter 27 of the "Improvement Act of 1911", being Division
7 of the Streets and Highways Code of the State of California.
WHEREAS, notice of assessment and of the time and place where and within which said
assessmenta were to be paid has been duly given in the time and form provided by
law, and certain of said assessments have been paid in whole or in part.
NOW , THEREFORE , I, the undersigned Treasurer , am collection officer , do hereby
CERTIFY that the lists hereinafter set forth are true, correct and complete lists of
all aemesements paid and unpaid upon said assessment, and are hereby made and filed
by me according to law, and said lists, with respective assessment and diagram
numbers of the lots or parcels of land assessed, and the amounts paid or unpaid
thereon, are as eet forth on the attached list, marked Exhibit "A" and by reference
incorporated herein.
The total or aggregate amount of assessments which are unpaid is the sum of
$ 181.856.71
I, the undersigned, hereby certify that the list of paid and unpaid assessments,
attached hereto, marked Exhibit "A", and by reference incorporated herein, was filed
in my Office on the 27th day of May , 1988.
CITY OF CARLSBAD
STATE OF CALIFORNIA