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HomeMy WebLinkAbout1988-05-24; City Council; 9441; APPROVE ENGINEER'S REPORT SET PUBLIC HEARING FOR ASSESSMENT DISTRICT 86-01 PALOMAR AIRPORT ROAD WEST PROJECT NO 3151... 8 z5 Ix: a, e e .. z 0 a 5 : z 3 0 0 RECOMMENDED ACTION: 1. Adopt Resolution No. m 4 /Coq declaring the intention 2. Adopt Resolution No. w - /Ib5- passing on the Engineer's IIReport" and setting the public hearing. 3. Adopt Resolution No. pr4 /6 (I; authorizing the sale of bonds. 4. Adopt Resolution No. m '/G 7 approving an agreement with the Costa Real Municipal Water District. 5. Adopt Resolution No. ffdJC f approving Reimbursement Agreements with the Carltas Company and Paul Ecke Sr. to order the construction of Palomar Airport Road. ITEM EXPLANATION: This Assessment District was initiated by the City in 1986 in order to bring about needed improvements on Palomar Airport Road from Paseo del Norte to 2000 feet east of College Boulevard. 1. Three traffic lanes and a bicycle lane in each direction. 2. Median curbs and curb and gutter on each side of the road. 3. Grading and erosion control. 4. A 16 inch waterline under the road. 5. Drainage facilities necessary to accommodate the Median landscaping and stamped concrete and sidewalks are not included in the district construction but will be constructed by the owners as the adjacent land develops. As the project became better defined during design, the estimated construction costs were increased over 50%. Several meetings were held with property owners, the most recent on May 9, 1988. Owners were fully informed of the district cost and their estimated assessment and have not objected to proceeding with the district. The City will contribute the cost of the center four lanes, median curb and proportional share of the grading, drainage and incidental costs. The City will also pay the assessments on two parcels of land on the north side of the road--one owned by Carltas and one owned by Ecke--which have been declared permanent agriculture under the Mello I1 Local Coastal Plan. Improvements to be constructed include: road. . .L. '- +. m @ PAGE TWO OF AB# Li'J q ! .h Agreements are attached which will require this money to be repaid if the land develops. Previously signed agreements did not reflect the increased costs. The Costa Real Municipal Water District has agreed to pay 25% of the cost of the 16-inch waterline and an agreement to that effect is attached. The balance will be assessed to the property owners. The assessment engineer has submitted his report on the project . The report is a combined "Investigation Report!' pursuant to Special Assessment Investigation, Limitation and Majority Protest Act of 1931 and an llEngineer's Report1' pursuant to the Municipal Improvement Act of 1913. The report sets out the costs of the district and the assessment to each property owner. Offers have been sent to each property owner to purchase right- of-way. The costs of these purchases will be assessed to the property owners. Owners have been given until June 15, 1988 to submit the deeds to escrow. A public hearing will be held on the May 24, 1988 agenda to establish eminent domain procedures so that an immediate order of possession can be obtain if necessary. The public hearing to form this assessment district has been set for July 5, 1988. FISCAL IMPACT: The construction cost is estimated to be $5,800,000 and the total project cost (including design, right-of-way and financing costs) is estimated to be $7,747,000. The City contribution is currently estimated to be $3,617,000 ($2,819,000 for the center four lanes and median curbs and $798,000 for Carltas and Ecke frontages). Funds in the amount of $3,100,000 have been appropriated for this project. When construction bids are received, if the current funds are insufficient, an additional appropriation will be requested. The Costa Real Municipal Water District's estimated contribution is $174,000. The estimated amount to be assessed to the property owners is $4,853,000. .L '. 0 . PAGE THREE OF AB# 9!/ Y / EXHIBITS : 1. Location Map. 2. Engineer's ''Report'' ( on file in the 3. Resolution No. 8? - //,q declaring the intention to 4. Resolution No. pp I(0 5' passing on the Engineer's 5. Resolution No. rf-!& 6 authorizing the sale of bonds. 6. Resolution No. rp-/ 6 7 approving an agreement with the Costa Real Municipal Water District. (Agreement attached) 7. Resolution No. KT'/& 8/ approving Reimbursement Agreements with the Carltas Company and Paul Ecke Sr. (two Reimbursement Agreements attached). City Clerk's Office). order the construction bf Palomar Airport Road. "Report" and setting the public hearing. ......... \\ BOU N 0 ARY VICINITY MAP N. T. E. I r I PROJECT NRME PALOMAR AIRPORT ROAD WEST PROJ. NO* EXHIBIT ASSESSMENT DISTRICT & IMPROVEMENT PROJECT 3151 1 1 a" * - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 m RESOLUTION NO. 88-164 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DOE HEREBY RESOLVE AS FOLLOWS: SECTION 1. The public interest and convenience require, an it is the intention of this body, pursuant to the provisions o Division 12 of the Streets and Highways Code of the State o California (the "Municipal Improvement Act 1913") , to order th construction of certain public improvements, together with appur tenances and appurtenant work, in a special assessment distric known and designated as ASSESSMENT DISTRICT NO. 86-1 (PALOMF AIRPORT ROAD) (hereinafter referred to as the "Assessmen District"). DESCRIPTION OF IMPROVEMENTS The improvements to be constructed under these proceeding shall generally consist of the following: A. The construction and installation of certai half and/or full width street improvements including gradinc paving, curbs and gutters, sidewalks, erosion contro improvements, water line and drainage facilities, together wit appurtenances in PALOMAR AIRPORT ROAD between PASEO DEL NORTE ar a point approximately 9,000 feet easterly thereof, including tf aquisition of rights-of way where necessary to accomplish tf ,- 4. e a 8 .- referenced improvements. B. Said streets , rights-of-way and easements shall be shown upon the plans herein referred to and to be filec ith these proceedings. C. All of said work and improvements are to be onstructed at the places and in the particular locations, of the orms, sizes, dimensions and materials, and at the lines, grades nd elevations as shown and delineated upon the plans, profiles nd specifications to be made therefor, as hereinafter provided. D. The description of the improvements and the ermini of the work contained in this Resolution are general in ature. All items of work do not necessarily extend for the full ength of the description thereof. The plans and profiles of the ork as contained in the Engineer's "Report" shall be controlling s to the correct and detailed description thereof. E. Whenever any public way is herein referred o as running between two public ways, or from or to any public ay, the intersections of the public ways referred to are ncluded to the extent that work shall be shown on the plans to e done therein. F. Notice is hereby given of the fact that in ny cases said work and improvement will bring the finished work a grade different from that formerly existing, and that to id extent, said grades are hereby changed and said work will be ne to said changed grades. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. That said improvements and work are of direct enefit to the properties and land within the Assessment .* . 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 0 0 District, and this legislative body hereby makes the expenses of said work and improvement chargeable upon a district, which saic Assessment District is hereby declared to be the Assessment District benefited by said work and improvements and to bc assessed to pay the costs and expenses thereof, including inciden- tal expenses and costs and which is described as follows: All that certain territory in the District included within the exterior boundary lines shown on the plat exhibiting the property affected or benefited by or to bc assessed to pay the costs and expenses of said work and improve. ments in the Assessment District, said map titled and identifiec as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 86-1 (PALOMAI AIRPORT ROAD)", and which map was heretofore approved and whicl said or diagram is on file with the transcript of these proceed. ings, EXCEPTING therefrom the area shown within and delineate( upon said map or plat hereinabove referred to, the area of al. public streets , public avenues, public lanes, public roads public drives, public courts, public alleys, and all easement! and rights-of-way therein contained belonging to the public. Fo: all particulars as to the boundaries of the Assessment District reference is hereby made to said boundary map heretofor previously approved, and for a complete description of sai Assessment District, the said plat and proposed boundary map o file shall govern. REPORT OF ENGINEER SECTION 3. That this proposed improvement is herek referred to NBS/LOWRY, who is hereby directed to make and fil the report in writing containing the following: .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 a A. Plans and specifications of the propose1 improvements; B. An estimate of the cost of the propose works of improvement, including the cost of the incidenta expenses in connection therewith; C. A diagram showing the Assessment Distric above referred to, which shall also show the boundaries an dimensions of the respective subdivisions of land within sai Assessment District, as the same existed at the time of th passage of the Resolution of Intention, each of which subdivi sions shall be given a separate number upon said Diagram; D. A proposed assessment of the total amount o the assessable costs and expenses of the proposed improvemen upon the several divisions of land in proportion to the estimate benefits to be received by such subdivisions, respectively, fro said improvement. Said assessment shall refer to such subdivi sions upon said diagram by the respective numbers thereof; E. The description of the works of improvemen to be constructed under these proceedings, and acquisition, wher necessary. When any portion or percentage of the cost an expenses of the improvements is to be paid from sources othe than assessments, the amount of such portion or percentage shal first be deducted from the total estimated costs and expenses c said work and improvements, and said assessment shall includ only the remainder of the estimated costs and expenses. Sai assessment shall refer to said subdivisions by their respectiv numbers as assigned pursuant to Subsection D. of this Section. *. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 e 0 BONDS SECTTON 4. Notice is hereby given that serial bonds tc represent the unpaid assessments, and bear interest at the rat€ of not to exceed the current legal maximum rate of 12% per annum, will be issued hereunder in the manner provided in the "Improve- ment Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California, the last installment of which bonds shall mature a maximum of and not to exceed FOURTEEN (14) YEARS from the second day of September next succeeding twelve (12) months from their date. The provisions of Part 11.1 Df said Act, providing an alternative procedure for the advance Dayment of assessments and the calling of bonds shall apply. The principal amount of the bonds maturing each -tear shall be other than an amount equal to an even annual propor- -;ion of the aggregate principal of the bonds, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggregate amount that s equal each year, except for the first year's adjustment. .- 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 ct of 1913", being Division 12 of the Streets and Highways Code 2A of the State of California. SURPLUS FUNDS SECTION 6. That if any excess shall be realized from the assessment, it shall be used, in such amounts as the legislative body may determine, in accordance with the provisions of law fol one or more of the following purposes: A. Transfer to the general fund; provided that the amount of any such transfer shall not exceed the lesser ol One Thousand Dollars ($1,000.00) or five percent (5%) of thc total from the Improvement Fund; B. As a credit upon the assessment and an] supplemental assessment; or C. For the maintenance of the improvement. SPECIAL FUND SECTION 7. The legislative body hereby establishes E special improvement fund identified and designated by the name 01 this Assessment District, and into said Fund monies may be trans- ferred at any time to expedite the making of the improvement: herein authorized, and any such advancement of funds is a loa1 and shall be repaid out of the proceeds of the sale of bonds a!: authorized by law. PRIVATE CONTRACT SECTION 8. Notice is hereby given that the public interest will not be served by allowing the property owners to take the contract for the construction of the improvements, and that, a: authorized by law, no notice of award of contract shall be published. .- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e GRADES SECTION 9. That notice is hereby given that the grade to which the work shall be done is to be shown on the plans anc profiles therefor, which grade may vary from the existing grades. The work herein contemplated shall be done to the grades a: indicated on the plans and specifications, to which reference i: made for a description of the grade at which the work is to bc done. Any objections or protests to the proposed grade shall bc made at the public hearing to be conducted under thesc proceedings. PROCEEDINGS INQUIRIES SECTION 10. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: RICHARD ALLEN , JR . CITY ASSESSMENT ENGINEER CITY OF CARLSBAD 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009 TELEPHONE: (619) 438-1161 PUBLIC PROPERTY SECTION 11. All public property in the use and performancc of a public function shall be omitted from assessment in thesc proceedings unless expressly provided and listed herein. ACQUISITION SECTION 12. That the public interest, convenience and neces- sity requires that certain land, rights-of-way or easements bc obtained in order to allow the works of improvement as propose( for this Assessment District to be accomplished. For a genera. description of the location and extent of the easements or lanc -. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e necessary to be acquired, reference shall be made to the "REPORT' OF THE ENGINEER to be filed with the transcript of thesc proceedings. NO CITY LIABILITY SECTION 13. It is hereby further determined and declared that the City will not obligate itself to advance any availablt funds from the City Treasury to cure any deficiency 01 delinquency which may occur in the bond redemption fund @ failure of property owners to pay annual special assessments This determination shall be clearly set forth and stated in thc title of the bonds to be issued pursuant to these proceedings a authorized and required by Section 8769 of the Streets an( Highways Code of the State of California. DIVISION 4 PROCEEDINGS SECTION 14. That this legislative body has fully compliec with the proceedings and provisions of the "Special Assessmen Investigation, Limitation and Majority Protest Act of 1931" being Division 4 of the Streets and Highways Code of the State o California. A Report, as authorized by Section 2961, is on fil with the transcript of these proceedings and open for publi inspection. WORK ON PRIVATE PROPERTY SECTION 15. It is hereby further determined to be in thc best public interest and convenience and more economical to d certain work on private property to eliminate any disparity i level or size between the improvements and the private property The actual cost of such work is to be added to the assessment o the lot on which the work is done, and no work of this nature i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e to be performed until the written consent of the property owner is first obtained. ANNUAL ADMINISTRATIVE ASSESSMENT SECTION 16. It is hereby declared that this legislative body proposes to levy an annual assessment pursuant to Sectior 10204 of the Streets and Highways Code of the State of Califor- nia, said annual assessment to pay costs incurred by the City anc not otherwise reimbursed which result from the administration anc collection of assessments or from the administration or registra- tion of any associated bonds and reserve of other related funds. UTILITY IMPROVEMENTS SECTION 17. This legislative body further proposes to entei into an Agreement with Costa Real Municipal Water District, saic Agreement setting forth the terms and conditons relating to thc bidding and award of the water facilities, including the owner- ship, management and control of said water improvements. A cop! of said Agreement shall be, upon approval, on file in the Officc of the City Clerk. PASSED, APPROVED AND ADOPTED by the City Council of the Citl of Carlsbad at its regular meeting held on the 24th day 0' May , 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, and Mamaux NOES : None ABSENT: None ABSTAIN: Council Member Larson ATTEST : &a%- /- Rfl,, ALETHA L. RAUTENKFWNZ, CityfClerk I t SEAL ) .- e. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 88-165 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD CALIFORNIA, has instituted proceedings for the construction 01 certain public works of improvement and appurtenances under provi- sions of the "Municipal Improvement Act of 1913", being Divisior 12 of the Streets and Highways Code of the State of California, in a special assessment district known and designated as ASSESS- MENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) (hereinaftei referred to as the "Assessment District") ; and, WHEREAS, there has been prepared and filed with the legisla- tive body a "Report" provided for in Sections 10203 and 10204 oj the Streets and Highways Code of the State of California, anc this "Report" has been presented for consideration; and, WHEREAS, a Resolution of Intention for this improvement was previously adopted by the legislative body; and the "Report" a6 now presented shall stand as the "Report" for the purpose oJ subsequent proceedings hereunder. WHEREAS, at this time all environmental evaluatio1 proceedings relating to the formation of the Assessment Districl have been completed and this legislative body is ready to proceec to authorize the filing of a notice of determination in thc office of the County Clerk. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true anc correct. 1 2 3 4 5 6 7 8 9 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 SECTION 2. That the "Report" of the Engineer referred to hereinabove is considered adopted, passed upon, and preliminarily approved, as follows : A. That the plans and specifications for the proposed improvements to be made, contained in said "Report" be, and they are hereby preliminarily approved and adopted; B. That the Engineer's estimate of the itemizec and total costs and expenses of said acquisition, where neces- sary, and improvements, and of the incidental expenses in connec- tion therewith, contained in said "Report", be, and each of then are hereby preliminarily approved and adopted; C. That the diagram showing the Assessment District referred to and described in said Resolution of Inten- tion, and also the boundaries and dimensions of the respectivc subdivisions of land within said Assessment District, as the samc existed at the time of the passage of said Resolution of Inten tion, each of which subdivisions have been given a separatc number upon said diagram, as contained in said "Report", be, anc it is hereby preliminarily approved and adopted; D. That the proposed assessment upon thc several subdivisions of land in said Assessment District, ii proportion to the estimated benefits to be received by such subdi visions, respectively, from said acquisition and improvements and of the incidental expenses thereof, as contained in sai "Report", be, and they are hereby preliminarily approved an adopted; E. That the maps and descriptions of the land and easements to be acquired, as contained in said "Report" be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 and the same are hereby preliminarily approved; SECTION 3. That said "Report" shall stand as the Engineer's "Report" for the purpose of all subsequent proceedings had pursu- ant to said Resolution of Intention. SECTION 4. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 5TI- DAY OF JULY, 1988, AT THE HOUR OF 6:OO O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCII CHAMBERS, CITY HALL, ANY AND ALL PERSONS HAVING ANY OBJECTIONS TC THE PROPOSED WORK, OR ASSESSMENT, OR EXTENT OF THE ASSESSMEN'I DISTRICT, OR TO THE PROPOSED GRADES, MAY APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE DONE OR CARRIED OUT IN ACCORDANCE WITH THE RESOLUTION OF INTENTION AND THE "REPORT" OF THE ENGINEER. PROTESTS MUST BE IN WRITING AND MUST BE DELIVERED TO THE CIT'I CLERK AT OR BEFORE THE TIME SET FOR THE PUBLIC HEARING. SECTION 5. That the City Clerk is hereby directed to givc notice of said Public Hearing by causing to be conspicuous11 posted on all open streets within the Assessment District, not more than 300 feet apart on each street so posted, but not less than 3 in all, notice of the passage of the Resolution oJ Intention and of this Resolution, all in accordance with thc provisions of said Division 12. SECTION 6. That the City Clerk is hereby directed to givc notice of said Public Hearing and of the passage of thc Resolution of Intention and this Resolution by causing sucl notice to be published in accordance with Section 6066 of thf Government Code, in the newspaper previously designated as thc newspaper for all publications as required by law and a: necessary for completion of this Assessment District. -. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 SECTION 7. That the City Clerk is hereby directed to mail notice of said Public Hearing and the adoption of the Resolution of Intention and of the filing of the "Report" to all persons owning real property proposed to be assessed, whose names and addresses appear on the last equalized assessment roll for County taxes prior thereto, or as known to said City Clerk, and to all other persons as prescribed in accordance with the provisions of said Division 12. SECTION 8. That the City Clerk is hereby further directed to file a copy of the proposed boundary map in the Office of the County Recorder within fifteen (15) days of the adoption of the roposed boundary map; said boundary map to be in the manner and p form as set forth in Division 4.5 of the Streets and Highways Code of the State of California. SECTION 9. That the City Clerk is hereby further directec and authorized to file a notice of determination relating to thc completion and certification of all environmental evaluatior roceedings with the County Clerk. Said filing to be complete( p immediately upon adoption of this resolution. PASSED, APPROVED AND ADOPTED by the City Council of the Cit] of Carlsbad at its regular meeting held on the 24th day oJ May , 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, and Mamaux NOES: None ABSENT: None ABSTAIN: Council Member Larson 9 -. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 * e ATTEST: 1 R- ALETHA 1;. RAUTENKRANZ, Cyty Clerk (SEAL.) .. P .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 88-166 e RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE SALE AND REQUESTING A PROPOSAL FOR CERTAIN MENTS IN A SPECIAL ASSESSMENT DISTRICT SPECIAL ASSESSMENT BONDS TO FINANCE IMPROVE- WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has initiated proceedings pursuant to the terms and conditions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public works of improvement, together with appurtenances and acquisition, where necessary, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) (hereinafter referred to as the "Assessment District"); and, WHEREAS, it has been determined that serial bonds represent- ing unpaid assessments against private property shall be issued pursuant to and as set forth in the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California, and; WHEREAS, at this time, this legislative body is desirous of authorizing the sale of bonds to finance the works of improvement as proposed for this Assessment District. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That SMITH BARNEY HARRIS UPHAM & CO., INC. is hereby requested to submit a proposal for the sale of bonds for the Assessment District. The interest rate on said bonds shall not exceed the current legal maximum rate of twelve percent (12%) * -. -. 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c r, per annum. Said bonds shall be issued pursuant to the terms and conditions as set forth in the Resolution of Intention as previously adopted for these proceedings. SECTION 3. That this Resolution is adopted pursuant to the provisions of Section 10602 of the Streets and Highways Code of the State of California, and it is further directed that all recommendations relating to the sale of bonds be presented no later than the time set for the Public Hearing on the "Report" and related matters for this Assessment District. SECTION 4. That there will be provided, at no expense to the bidder, the approving legal opinion of BROWN E, DIVEN, Attorneys at Law, attesting to the validity of the proceedings and the enforceability of the bonds. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at its regular meeting held on the 24th day of May , 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, and Mamaux NOES : None ABSENT: None ABSTAIN: Council Member Larson ATTEST : ALETHA L. RAUTENKRANZ, Citk Clerk (SEAL) Ir 4. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 m 0 RESOLUTION NO. 88-167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH COSTA REAL MUNICIPAL WATER DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, pursuant to the provision of the "Municipal Improvement Act of 1913", be Division 12 of the Streets and Highways Code of the State of California, adoption of its Resolution of Intention, declared its intention to order construction and installation of certain works of improvement, together w appurtenances, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) ;and WHEREAS, the City of Carlsbad and the Costa Real Municipal Water Distr have explored the potential for including certain water service facilit within the aforementioned street improvements NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Carlsbad, California, as follows: 1. That the above recitations are true an correct. 2. That the agreement between the City of Carlsbad and Costa R Municipal Water District for the installation and reimbursement of cert water service facilities attached hereto and made a part hereof is hereby /// /// /// /// /// /// /// /// * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 approved and the Mayor and city Clerk are hereby authorized and directed execute said agreement. Upon execution of the agreement by the Mayor, City Clerk is hereby authorized and directed to forward to copy of s executed agreement to the Costa Real Municipal Water District. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carls City Council held on the 24th day of May ?1 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine and Mamaux NOES: None ABSENT: None ABSTAIN: Council Member Lar ATTEST: ALETHA L. M(TE%e+k (SEAL) auL A a 0 -R3R- X0 - 16" - AN) --SlZllEPZXrJmm AlRRRp Rozu) Rw.r (- arsmxcr H). el) lhis - errtered kt0 this a?G day&L-h , 1988, betweentheo3611AREALMJNICIPAL~DIsIRIcT( tDIsazICI"t) and the CI!tY OF -BAD (- "m') with mspect to the following facts: A. IheC!I"Y~widening~~Airport~~paseOdelNorteand The DISEUCl! wires to c0BIStruL;rt a 161i 2000 feet east of OOllege Bxlexmd. waterline, pmssun--ing statim and - to serve lands west of El camin3 w and adjacent to pdlomar Airport m in arxxudance with DISIRICT'S EIaster Plan. B. The~and~D~CXagreeitis~tobathpartiesto install the wa-1i.m at the time of this road hpmwmnt. NcxJ,'MEREFoBzE,itisagreed~theparties: 1. DISTKCX agrees to review the design of the project, includirrg its effects on existing waterlh, and the new =*line iqmvm, inclw Um pressure-redtuchq statim and -, for -1iame with DISIRICI standards, and forward its cmramts to the C!I"Y or the CITY'S atant. It design the project, waterline, pressme-reducing station and aFplrteMnces under ceartract with CITY, in accordance with DISZRICPs stamkds and specificatims for water facilities. is lR&rsbA that the CITY'S cunsul-, Fulntmy & Associates, Inc., will 2. ~~~~willawardaamstmch .on amtKact for mati iraprwemerrts IaCkJn as PAIKMAR AlRFCRC IMAD, m NO. 3151; said contract shall incluk the cm&mztim of DISXSICPS 16" waterline, pressure reducing statim and - all aS m C#l Ikawing Number 283-7. 3. ma will -de to a, at no cost, shcp drawiq review and WE-Jab - 'on hspectim and testiq for the pmject, waterline, pmssuzemirq station, and -. CXW, a- as project mmg= for ths total pruject, will be respollsible for all mmrnricatim bebieen the Dmm and #e CXlY's - 'on coatractor d subcoatractors - the pipeline pject. 4. DISIRICTwill~ CITY the sum of $3,800 whi& rymse&s 25% of the oost of its design services for the wa-1i.m and will remkmse CITY 25% of the co6t of t3.E axstmch 'm as amtahed in s&edule I1 of - 3151 (Mlm Ahport -). share of the amxfnt CCBlStZllCtiOn cost is estimated tx be $155,800; the actual reimi=ursenrent D=CX"S e 0 will be based on the m bid prices as modified by any apprwed - not ocmfozmbq to ~mCl! stax&ds and specifications. c!IW dedicates the to DISIRICF. pLe DISTRICT shall first cbtain a riqht-f-wy permit fran the ~&~~ccamencinganyppainteMTIoe work within the plblic right-of-way. 'Iha DmCT Will also - the CTIY for 25% of its reasamble admmsbative services far the vaterlh portiopl of its project. DISlRICPS share is axrently estimated to be $7,800. The CITY will make available for theamanrtstobe DIslRIcT ZW&W the data and &CUUE&S used h - -tothem. OnkrS, pxxwi&d that DIsnacr shall not be =quina pay to for or w wrk WaWline, pmmlXe-- -tion ard -, - eassent therefor, .. .. 5. DmCT shall mab progress paw to CJXY as follaws: A. Within3Odaysaftertheawam30f~ctby~city~il, District shall pay $3,800 for design services and a $40,000 Within 120 days after the award of cmtract, DISEUcX shall pay adXum&mticrr costs. Within 30 days after the Natice of Ocapletim DISIXCP shall pay the full ammt due less eunds previcrusly paid. ticm 006tS. wit tawazd amstmcb 'm and admml&m .. B. I an additiadl -it of $80,000 taward cmstmda 'm a .. C. 6. DISIRICT shall not be held liable or responsible to CITY, its contractors, sdxontmcturs or cmsulm, for any defect, error or aniion presam-mw station & -, urGZT-r, -ion or defect is a dim& result of the mgliw of Dmm. in the design or inspctia of % waterline ' f including the 7. cr~!Y shall llat be held liable or responsible to DISTRICT for any defect, error or amiim in the design or inspection of the line the error, aniim or defect is a direct result of negliw of CITY. inprovw, includingthe-*ing station and -, unless .I I' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 88-168 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING REIMBURSEMENT AGREEMENTS PERTAINING TO A SPECIAL ASSESSMENT DISTRICT WHEREAS, the CITY COUNCIL of the CITY QF CARLSBAD, CALIFORNIA heretofore commenced proceedings pursuant to the provisions of the "Spec Assessment Investigation, Limitation and Majority Protest Act of 1931", be Division 4 of the Streets and Highway Code of the State of California, for construction of certain works of improvement, together with appurtenances appurtenant work, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 86-1 ( PALOMAR AIRPORT ROAD) (hereinafter referred to as the "Assessment District); and, WHEREAS, there exists certain property within the boundaries of 1 proposed Assessment District which cannot legally utilize the special benef which would otherwise accrue to those properties from the propo. improvements as a result of the classification of said parcels as permani agriculture under the Me110 I1 Local Coastal Plan; and, WHEREAS, the City Council has agreed to make a contribution to ' proposed Assessment District which would represent the assessments which WOI be levied against said properties but for their classification as permani agriculture. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 1. That the above recitals are all true and correct. /// /// /// /// /// /// a. 1 2 3 4 5 6 7 . a 9 10 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 2. That the Reimbursement Agreements by and between the City and Carl Co. and Paul Ecke, Sr., attached hereto and made a part hereof are her approved, and the Mayor and City Clerk and authorized to execute s Agreements on behalf of the City. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carls City Council held on the 24th day of Mav 71 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine and Mamaux NOES: None ABSENT: None ABSTAIN: Council Member La ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 0 0 .. .- ' REIMBURSEMENT AGREEMENT THIS AGREEMENT is made by and between the CITY OF CARLSBAD (llCityll), a municipal corporation, and CARLTAS CO. (tlOwnervl), a California limited partnership. RECITALS 1. The City Council of the City has initiated proceedings for the formation of a special assessment district, pursuant to the terms and provisions of the llMunicipal Improvement, Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public works of improve- ment, together with appurtenances and appurtenant work, said assessment district to be known and designated as ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) (hereinafter referred to as the !@Assessment District"). The public works of improvement proposed to be constructed pursuanttothe Assessment District include streetimprove- ments to Palomar Airport Road, water improvements, drainage improvements, utility installation and acquisition of right-of-way, 3. Owner is the owner of certain real property located in the City of Carlsbad and identified as Assessorls Parcel No. 211-021-19 (the "PropertyI1). The Property is more particularly described in Exhibit ItAIg, which is attached hereto and by this reference made a part hereof. 4. The Property is currently included within the proposed boundaries of the Assessment District and accordingly to the IIInvestigation Report" prepared for the City pursuant to the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931,l' the Property would be subject to assessment. 5. Pursuant to the proceedings of the %pecial Assessment Investigation, Limitation and Majority Protest Act of 193111, Owner has filed a written protest pertaining to the formation of the Assessment District and the levy of the proposed assessment against the Property. OwnerIs protest is based upon Owner's belief that the Property does not benefit from the proposed public works of impr- ovements as a result of limitations on development placed upon the Property under the current Local Coastal Plan and other land use restrictions. Owner has agreed to withdraw its protest to the formation of the Assessment District if the City agrees to contribute to the Assessment District a sum equal to the assessment against the Property and to modify the Assessment District 2. 6. - 0 0 .. proceedings to eliminate any proposed assessment against the Property. 7. City is willing to contribute the sum specified herein if the Owner agrees to reimburse the City for such con- tribution plus interest as specified herein when and if the Local Coastal Plan restrictions on development of the Property and other land use restrictions are eliminated. 8. Owner is willing to agree to reimburse the City for monies advanced, provided that the terms and conditions hereinafter have a reasonable time limit andthe obligation is not perpetual. NOW, THEREFORE, upon the terms and conditions and for the consideration set forth hereinafter, the parties agrees as follows: 1. City agrees that it will contribute funds to discharge the assessment against the property said amount estimated to be $ 395,889.82, which represents the current proposed assessment against the Property, and approve a change and modification in the Assessment District proceedings so that upon confirmation of assessments within the Assessment District no assessment would be levied against the Property . 2. Prior to the close of the protest hearing conducted pursuant to the 'IMunicipal Improvement Act of 191311, Owner agrees to file with the City Clerk a written with- drawal of Owner's protest to the formation of the District and Owner agrees thereafter not to file a protest to such formation. 3. When and if the Local Coastal Plan and other land use restrictions are so modified as to permit development of the Property and the City's General Plan concurrently permits development of the Property and Owner requests a permit to allow development on said land either through a use permit, building permit, grading permit or sub- division or parcel map, Owner shall then immediately be obligated to either (a) reimburse the City for the prin- cipal amount of the City's contribution to the Assessment District, plus interest, as set forth herein, or contri- bution to the Assessment District, plus interest, as set forth herein, or (b) execute a promissory note and deed of trust pursuant to the terms and conditions as set forth hereinafter. For purposes of this Agreement, lldevelopment@l means the division of land, grading or original construction of an improvement to the Property, which division of land, grading or construction is of the type normally associated with urban development as opposed to agricultural activity and which is capable of receiving andutilizingthe specialbenefitsaccruingtothe Property from the construction of the public works of improvement pursuant to the Assessment District. .. 0 e ?. 4. In lieu of -paying the principal and interest upon devel- opment, the Property Owner may, at its option, elect to pay all sums necessary to bring current the amount as if an assessment had been levied, and then to pay the balance due over a period of years, said period being the balance of the term for the issuance of bonds. This obligation to pay over a period of years shall be evidenced by a note and deed of trust in form satisfactory to the City Attorney, and said amount may be prepaid at any time without penalty. 5. The Reimbursement Agreement and obligation shall be in full force and effect for thirty (30) years, and the Property Owner's obligation and payment shall accrue interest at the rate of eight and one-quarter percent (8.25%) per annum from the date of issuance of the bonds for the Assessment District for a period of fifteen (15) years . 6. Upon execution of this Agreement, the City shall cause a copy of this Agreement to be recorded in the Office of the County Recorder of the County of San Diego. 7. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein, and supercedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in written by the parties making the waiver. 8. This Agreement shall be binding upon and inure to the benefit ofthe respective heirs, personal representatives, successors and assigns of the parties hereto. 9. All warranties, representations, covenants, obligations and agreements contained in the Agreement shall survive the execution and delivery of this Agreement and any and all performances in accordance with this Agreement. 10. In the event that judicial or other legal action is initiated pertaining to the enforcement of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees and costs. 11. Any notice, request, demand or other communication to be given to either party hereunder shall be in writing and shall be sent by registered or certified mail, as follows: 0 e L.. .- . % TO CITY: . City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attention: City Manager TO OWNER: Carltas Co. Christopher Calkins P.O. Box 488 Encinitas, CA 92024 Notice shall have been deemed to be given forty-eight (48) hours after the same has been deposited in the United States mail post office box in the State to which the notice is addressed, or seventy-two (72) hours after deposited in any such post office box other than the State in which the notice is addressed, postage prepaid, addressed as set forth above. The addresses and ad- dressees for such the purpose of this paragraph may be changed by giving of written notice of such change in the manner provided herein for giving notice. Unless and until such notice is received, the last address and addressee stated by written notice, shall be deemed to continue in effect for all purposes hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Reimbursement Agreement on the date and year set forth below. EXECUTED at Carlsbad , California, this 24- day of 5%- 1988. By: &-. sa ALETHA L. RAUTENK , California, this 13 t EXECUTED Ab JdL ,d//31.i day of H&/( 1988. A - A// - Y c, 0 e REIMBURSEMENT AGREEMENT THIS AGREEMENT is made by and between the CITY OF CARLSBAD (Itcity"), a municipal corporation, and PAUL ECKE, SR, (llOwnergt), an individual. RECITALS 1. The City Council of the City has initiated proceedings for the formation of a special assessment district, pursuant to the terms and provisions of the IIMunicipal Improvement, Act of 191311, being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public works of improve- ment, together with appurtenances and appurtenant work, said assessment district to be known and designated as ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) (hereinafter referred to as the I1Assessment District'*), The public works of improvement proposed to be constructed pursuant tothe Assessment District include streetimprove- mentsto Palomar Airport Road, water improvements, drainage improvements, utility installation and acquisition of right-of-way. 3. Owner is the owner of certain real property located in the City of Carlsbad and identified as Assessorls Parcel No. 212-041-05 (the llPropertyll) , The Property is more particularly described in Exhibit IgA1I, which is attached hereto and by this reference made a part hereof. 4. The Property is currently included within the proposed boundaries of the Assessment District and accordingly to the 'IInvestigation Report" prepared for the City pursuant to the lgSpecial Assessment Investigation, Limitation and Majority Protest Act of 1931,Ig the Property would be subject to assessment. 5. Pursuant to the proceedings of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931", Owner has filed a written protest pertaining to the formation of the Assessment District and the levy of the proposed assessment against the Property. Owner's protest is based upon Owner@s belief that the Property does not benefit from the proposed public works of impr- ovements as a result of limitations on development placed upon the Property under the current Local Coastal Plan and other land use restrictions. Owner has agreed to withdraw its protest to the formation of the Assessment District if the City agrees to contribute to the Assessment District a sum equal to the assessment against the Property and to modify the Assessment District 2. 6. ,I e 0 r- proceedings to eliminate any proposed assessment against the Property. 7. City is willing to contribute the sum specified herein if the Owner agrees to reimburse the City for such con- tribution plus interest as specified herein when and if the Local Coastal Plan restrictions on development of the Property and other land use restrictions are eliminated. 8. Owner is willing to agree to reimburse the City for monies advanced, provided that the terms and conditions hereinafter have a reasonable time limit andthe obligation is not perpetual. NOW, THEREFORE, upon the terms and conditions and for the consideration set forth hereinafter, the parties agrees as follows : 1. City agrees that it will contribute funds to discharge the assessment against the property said amount estimated to be $ 131,767.96, which represents the current proposed assessment against the Property, and approve a change and modification in the Assessment District proceedings so that upon confirmation of assessments within the Assessment District no assessment would be levied against the Property, 2. Prior to the close of the protest hearing conducted pursuant to the *'Municipal Improvement Act of 191311, Owner agrees to file with the City Clerk a written with- drawal of Owner's protest to the formation of the District and Owner agrees thereafter not to file a protest to such formation. 3. When and if the Local Coastal Plan and other land use restrictions are so modified as to permit development of the Property and the City's General Plan concurrently permits development of the Property and Owner requests a permit to allow development on said land either through a use permit, building permit, grading permit or sub- division or parcel map, Owner shall then immediately be obligated to either (a) reimburse the City for the prin- cipal amount of the City's contribution to the Assessment District, plus interest, as set forth herein, or contri- bution to the Assessment District, plus interest, as set forth herein, or (b) execute a promissory note and deed of trust pursuant to the terms and conditions as set forth hereinafter, For purposes of this Agreement, ltdevelopmenttf means the division of land, grading or original construction of an improvement to the Property, which division of land, grading or construction is of the type normally associated with urban development as opposed to agricultural activity and which is capable of receiving and utilizingthe special benefits accruingtothe Property from the construction of the public works of improvement pursuant to the Assessment District. c. < 0 0 *c 4. In lieu of .paying the principal and interest upon devel- opment, the Property Owner may, at its option, elect to pay all sums necessary to bring current the amount as if an assessment had been levied, and then to pay the balance due over a period of years, said period being the balance of the term for the issuance of bonds. This obligation to pay over a period of years shall be evidenced by a note and deed of trust in form satisfactory to the City Attorney, and said amount may be prepaid at any time without penalty. 5. The Reimbursement Agreement and obligation shall be in full force and effect for thirty (30) years, and the Property Owner's obligation and payment shall accrue interest at the rate of eight and one-quarter percent (8.25%) per annum from the date of issuance of the bonds for the Assessment District for a period of fifteen (15) years , Upon execution of this Agreement, the City shall cause a copy of this Agreement to be recorded in the Office of the County Recorder of the County of San Diego. 7. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein, and supercedes all prior and contemporaneous agreements, representations and understandings of the parties, No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver 'of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in written by the parties making the waiver. 8. This Agreement shall be binding upon and inure to the benefit of the respective heirs, personal representatives, successors and assigns of the parties hereto. 9. All warranties, representations, covenants, obligations and agreements contained in the Agreement shall survive the execution and delivery of this Agreement and any and all performances in accordance with this Agreement. 10. In the event that judicial or other legal action is initiated pertaining to the enforcement ofthis Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees and costs. 11. Any notice, request, demand or other communication to be given to either party hereunder shall be in writing and shall be sent by registered or certified mail, as follows: 'c 6. \ a L e I< -, * -. . 'r ' 'i TO CITY: . City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attention: City Manager TO OWNER: Notice shall have been deemed to be given forty-eight (48) hours after the same has been deposited in the United States mail post office box in the State to which the notice is addressed, or seventy-two (72) hours after deposited in any such post office box other than the State in which the notice is addressed, postage prepaid, addressed as set forth above. The addresses and ad- dressees for such the purpose of this paragraph may be changed by giving of written notice of such change in the manner provided herein for giving notice. Unless and until such notice is received, the last address and addressee stated by written notice, shall be deemed to continue in effect for all purposes hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Reimbursement Agreement on the date and year set forth below. EXECUTED at Car lsbad , California, this &* day of % 1988. "CITY" ;7 CITY By: /j$zyk; ' @ ,I LAUDE A. LEWIS, Mayor By: ALETHA L. RAUTENKRANZ, City Clekk EXECUTED A?& zdd/ d 1 16% , California, this /3 day of ME-/ c 1988. "OWNER" By: @&%A* PAUL ECKE, SR. A A R17AA/ vw---- CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-1 PALOMAR AIRPORT ROAD WEST MODIFIED PRELIMINARY ENGINEER'S REPORT May 12, 1988 NBS/Lowry Project No. A68-015.008 Prepared by: NBS/Lowry Incorporated Engineers & Planners San Diego, California OilNEft CARLTAS MQRBAN/PALOMAR ALADRAY KELLEY ECKE HUNTIN6TGN BEACH BIRTCHER PACIFIC SUBTOTAL CITY OF CARLSBAD CONSTRUCTION ASSESSMENT 1,288,005.61 419,703.96 14,893.48 798,003.47 0.00 1,089,026.02 199,575.34 3,809,208.08 595,915.57 4,405,123.65 RIGHT-OF-WAY ASSESSMENT 233,190.04 82,512.50 2,923.05 156,885.01 0.00 214,099.14 0.00 689,614.74 117,155.16 806,769.90 CITY ASSESSMEN PALOKA SUMMARY SLOPE ASSESSMENT 199,744.57 8,882.50 0.00 42,596.42 0.00 102,952.75 0.00 354,176.24 85,295.00 439,471.24 TABLE 6 OF CARLSBAD • T DISTRICT NO 86-1 R AIRPORT ROAD OF ASSESSMENTS TOTAL ASSESSMENT 1,720,940.22 511,098.96 17,821.73 997,484.90 0.00 1,406,077.91 199,575.34 4,852,999.06 (2) 798,365.73 (1) 5,651,364.79 RIGHT-DF-HAY CREDIT (518,475.10) (130,198.98) (6,947.00) (208,991.57) 0.00 (203,240.10) 0.00 (1,067,852.75) (183,609.80) (1,251,462.55) BALANCE IF CREDIT TAKEN ASAINST ASSESSMENT 1,202,465.12 380,899.98 10,874.73 788,493.33 0.00 1,202,837.81 199,575.34 3,785,146.31 614,755.93 4,399,902.24 NET IF ASSRNT PAID IN CASH AND R-C-H CREDIT TAKEN 941,530.19 298,244.68 8,514.91 617,390.28 0.00 941,822.01 156,267.49 2,963,769.56 614,755.93 3,578,525.49 FOOTNOTES: (1) CONTRIBUTION BY THE CITY AS A PROPERTY OKNER. (2) HATCH WITH FINAL COST ESTIMATE BOTTOM LINE. BAH\PALOMAR\5PREAD - SUMMARY TABLE OF CONTENTS ENGINEER'S REPORT PART PAGE I PLANS AND SPECIFICATIONS 1-1 II COST ESTIMATE II-l III ASSESSMENT ROLL III-l IV ASSESSMENT DIAGRAM IV-1 V DESCRIPTION OF WORK AND RIGHTS-OF-WAY TO BE ACQUIRED . V-l VI PROPOSED MAXIMUM ANNUAL ASSESSMENT FOR ADMINISTRATION AND COLLECTION OF ASSESSMENTS VI-1 AGENCY: CITY OF CARLSBAD PROJECT: ASSESSMENT DISTRICT NO. 86-1 PALOMAR AIRPORT ROAD WEST TO: CITY COUNCIL ENGINEER'S REPORT PURSUANT TO THE PROVISIONS OF SECTIONS 2961 AND 10204 OF THE STREETS AND HIGHWAYS CODE Pursuant to the provisions of Part 7.5 of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931", being Division 4 of the Streets and Highways Code of the State of California, and the "Municipal Improvement Act of 1913," being Division 12 of said Code, and in accordance with the Resolution of Intention, being Resolution No. , adopted by the CITY COUNCIL of the CITY OF CARLSBAD, STATE OF CALIFORNIA, in connection with the proceedings for ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD WEST) (hereinafter referred to as the "Assessment District"), I, GALEN N. PETERSON, authorized representative of NBS/LOWRY INCORPORATED the duly appointed ENGINEER OF WORK, submit herewith the "Report" for the Assessment District, consisting of five (5) parts as follows: PART I Plans and specifications for the proposed improvements are filed herewith and made a part hereof. Said plans and speci- fications are on file in the Office of the City Clerk. PART II An estimate of the cost of the proposed improvements, includ- ing incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto, and are on file in the Office of the City Clerk. PART III This Part shall consist of the following information: A. A proposed assessment of the total amount of the costs and expenses of the proposed improvements upon the Page 1 of 3 several subdivisions of land within the Assessment District, in proportion to the estimated benefits to be received by such subdivisions, from said improvements, is set forth upon the assessment roll filed herewith and made a part hereof. B. The total amount, as near as may be determined, of the total principal sum of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than that contemplated for the Assessment District, which would require an investi- gation and report under the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" against the total area proposed to be assessed. C. The total true value, as near as may be determined, of the parcels of land and improvements which are proposed to be assessed. PART IV A diagram showing the Assessment District, the boundaries and the dimensions of the subdivisions of land within said Assessment District, as the same existed at the time of the passage of the Resolution of Intention, is filed herewith and made a part hereof, and part of the assessment. PART V Description of the work for the proposed improvements and description of all rights-of-way, easements and lands to be acquired, if necessary. PART VI A proposed maximum annual assessment for administration and collection of assessments. Dated this /2T day of AvWX 1988. NBS/L©WRY INCORPORATED ENGINEER OF CITY OF CARLSBAD STATE OF CALIFORNIA Page 2 of 3 PRELIMINARY APPROVAL BY THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ON THE DAY OF . 1988. CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA FINAL APPROVAL BY CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ON THE DAY OF , 1988. CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA Page 3 of 3 zv> rn TO 33 ~ O ozen oow-i-om> >Hm ENGINEER'S REPORT PART I CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD WEST) PLANS AND SPECIFICATIONS The plans and specifications for this Assessment District are referenced herein and incorporated as if attached and a part of this Report. The plans are titled "Plans for the Improvement of Palomar Airport Road, Carlsbad, California, Engineers Stations 23+001 to 109+77+" consisting of 55 sheets and signed on December 11, 1987 by Pountney Associates. The Contract Documents and Specification are referred to as Contract No. 3151. 1-1 03m ENBINEER'S REPORT PART II CITY OF MRLSBAD ASSEBSHENT DISTRICT NO. 86-1 (PALGHAR AIRPORT ROAD) COST ESTIMATE SUHHARY "m I. PUBLIC iiORKS OF CONSTRUCTION m (See Exhibit "A' for details) Schedule I - Roadway „ Schedule II - Eateriine Additional Bid Itees - Roadway -i Mitigation Costs Excluding Land Construction Contingencies (iOX)•• — TOTAL CONSTRUCTION COSTS ^ II. LAND & RISHT OF WAY Right of Bay Easesents "• Land & Right of Way Contingencies !10J) """ TOTAL LAND Jc RISHT OF MAY """ III. PAYMENTS SDB&E Pac-Tel — CRWD City of Carlsbad m TOTAL PAYMENTS „ IV. INCIDENTAL EXPENSES Design Engineering — Design of Road Design of Hater!ine m Additional Design m Assesseent Engineering Environaental'Ispact Report „ Soils Engineering During Design ** During Construction Construction Staking '** Construction Contract Management fc — Inspection Fees Costa Real Inspection Fees m Plan Printing Plan Checking Fees PRELIMINARY CITY PROPERTY OWNERS *T 17"J CfSti. J A\>l jU/ J 0 48,146 51,109 233,683 12,570,513 0 0 *0 0 0 0 0 to 50,033 0 9,500 0 10,000 20,000 25,000 37,500 90,000 0 5,000 25,000 «, 155, 043 603,958 126,482 51,109 293,659 1 3, 230 ,250 927,035 92,704 $1,019,739 0 0 0 0 $0 50,033 31,200 9,500 85,000 10,000 20,000 25,000 37,500 90,000 10,000 5,000 25,000 CONFIRMED TOTAL CITY PROPERTY OKNERS TOTAL 14,392,618 603,958 174,628 102.217 527,342 15,300,762 927,035 92,704 $1,019,739 0 0 0 0 *0 100,065 31,200 19,000 85,000 20,000 40,000 50,000 75,000 180,000 10,000 10,000 50,000 BAH\COSTEST - COSTSUM-1 II - 1 ENGINEER'S REPORT PfiRT II CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 84-1 (PALOKAR AIRPORT RDAD) COST ESTIMATE SUHHARY PRELIMINARY CONFIRMED Expense of Land Acquisition Right of Kay Agent's Fee Title Report & Closing Costs Appraisal Costs Legal Costs Bond Registry, Paving Agent and Trustee Bond Counsel's Fee Financial Consultant Cost of Issuance City Adainistrative Fees Bond Printing Publication Costs Incidental Contingency 1101) TOTAL INCIDENTAL EXPENSES SUBTOTAL V. LESS INTEREST EARNED ON CONSTRUCTION (2.71) VI. LESS CASH CONTRIBUTION Costa Real Hater District Design Construction City of Carlsbad SUBTOTAL CASH CONTRIBUTION VII. FINANCING COST Bond Discount (1.7X) Reserve Fund UOX) Capitalized Interest (102) TOTAL AMOUNT ASSESSED $0 $4,852,999 $4,852,999 CITY PROPERTY DKNERS 0 0 0 0 0 0 0 0 15,000 0 1,500 28,853 $317,384 $2,837,899 ($69,404) 0 0 ($2,818,495) ($2. 813,495) 0 0 0 10,000 4,000 15,000 50,000 10,000 29,250 3,000 15,000 15,000 3,000 1,500 55,398 $409,381 $4,859.349 ($87,217) (7,800) (144,088) (798,344) (*972,254) 82,501 485,300 485,300 TOTAL CITY PROPERTY OWNERS TOTAL 10,000 4,000 15,000 50,000 10,000 29,250 3,000 15,000 30.000 3,000 3,000 84,252 $924,747 $7,747,248 ($154,421) (7,800) (144,088) (3,414,840) ($3,790,748) 82,501 485,300 485,300 BAHVCOSTEST - CDSTSUM-1 II - 2 CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-1. . (PALOBAR AIRPORT ROAD) EXHIBIT "A" TO PART II PUBLIC WORKS OF CONSTRUCTION COST ESTIKATE BID 'ITEH DESCRIPTION UTTrti I QL'AHITY UNIT COST TOTAL i 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 SCHEDULE I MOBILIZATION AND PREPARATORY HORK UNCLASSIFIED EXCAVATION UNCLASSIFIED FILL CURB AND BUTTER TYPE 6 6" TYPE B-2 KEDIAN CURB ASPHALT CONCRETE PAVE. 6s THICK UNTREATED BASE 18s THICK ASPHALT CONCRETE PAVE. 4" THICK UNTREATED BASE 8" THICK ASPHALT CONCRETE PAVE. 3" THICK ASPHALT CONCRETE PAVE. 1" THICK 18° RCP STORM DRAIN (1350-D) 18" RCP STORK BRAIN U750-D) 24" RCP STORE DRAIN (1350-D) 36" RCP STORK DRAIN (1350-D) 43' RCP STORK DRAIN (1750-D) DOUBLE 48" RCP STORK DRAIN U750-D) 60" RCP STORK DRAIN (1350-D) 72" RCP STORK DRAIN U350-B) 6'x 3' BOX CULVERT TYPE B INLET 5' TYPE B INLET 8' TYPE B-l INLET 5: TO 10' TYPE B-l INLET 11' TO 18' TYPE A OR B HEAD8ALL FOR 18" TO 36" RCP TYPE A HEADHALL FOR 36° TO 54" RCP TYPE A HEA38ALL FOR 60" TO 70" RCP TYPE A HEADk'ALL FOR DOUBLE 43" RCP WINS TYPE HEADHALL FOR 30" RCP «IN6 TYPE HEADKALL FOR 60" RCP STRAIBHT HEADWALL FOR 6'x 31 RCB KING TYPE HEADKALL FOR 6' x 3' RCB TYPE B-6 STORK DRAIN CLEAN-OUT TYPE F CATCH BASIN RIP RAP ENERGY DISSIPATOR BROW DITCH TERRACE DRAIN 3'x 3' PCC CATCH BASIN w/ GRATE CHANNEL EXCAVATION IWLY STA 98+71.5) ROCK SLOPE PROTECT. (WLY STA 9St71.5) SIDEWALK UNDERDRAW (MOD) CONCRETE DRIVEWAY 7.5" THICK LS CY CY LF LF TON CY TON CY TON SF LF LF LF LF LF LF LF LF LF EA EA EA EA EA EA EA EA EA EA EA EA EA EA CY LF LF EA CY CY EA SF 1 267,500 57,200 15,570 16,072 24,100 36,950 1,099 1,140 735 132,175 1,075 289 525 150 150 142 188 150 137 4 2 6 9 13 3 3 2 2 1 1 1 1 2 231 4,550 900 2 4,300 500 1 1,050 73,000.00 4.50 4.50 8.50 8.50 33.00 18.00 33.00 18.00 35.00 0.35 70.00 70.00 80.00 100.00 120.00 220.00 160.00 180,00 400.00 2,750.00 3,000.00 3,250.00 3,500.00 1,800.00 2,000.00 2,400.00 2,400.00 2,400.00 2,800.00 1,600.00 2,400.00 2,400.00 2,800.00 250.00 9.00 12.00 500.00 2.50 300.00 2,800.00 3.00 73,000.00 1,203,750.00 257,400.00 132,345.00 136,612.00 795,300.00 ' 665,100.00 36.267.00 20,520.00 25,725.00 46.261.25 75,250.00 20,230.00 42,000.00 15,000.00 18,000.00 31,240.00 30,080.00 27,000.00 54,800.00 11,000.00 6,000.00 19,500.00 31,500.00 23,400.00 6,000.00 7,200.00 4,800.00 4,800.00 2,800.00 1,600.00 2,400.00 2,400.00 5,600.00 57,750.00 40,950.00 10,800.00 1,000.00 10,750.00 150,000.00 2,800.00 3,150.00 CGS-BAH\CDSTEST2 II - 3 CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-1. (PALOKAR AIRPORT RQAD) ' EXHIBIT "A" TO PART II PUBLIC WORKS OF CONSTRUCTION COST ESTIHATE BID 5TEH DESCRIPTION UNIT QUANITY UfilT COST TOTAL 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 57A SIDEHALK 4" THICK LANDSCAPE IRRIGATION SLEEVES IRRIGATION TAP HITHGl'T HETER SEER RELOCATION SSTA 97+57) ADJUST MANHOLE TO GRADE RECONSTRUCT MANHOLE EROSION CONTROL TRAFFIC CONTROL GUARDRAIL BARRICADES AT COLLEGE BLVD. FINAL STRIPING FINAL SIGNING SURVEY MONUMENT SHEETING, SHORING AND BRACING JOB SIGNS TRAFFIC SIGNALS SF LF EA LS EA VLF LS LS LF EA LS LS EA LS EA LS 815 BOO 8 1 12 90 1 1 550 4 1 1 11 1 4 1 2.50 7.00 600.00 25,000.00 400.00 B5.00 26,000.00 66,000.00- 25.00 800.00 16,000.00 6,000.00 700.00 8.000.00 500.00 80,000.00 2,037.50 5,600.00 4,800.00 25,000.00 4,800.00 7,650.00 28,000.00 66.000.00 13,750.00 3,200.00 16,000.00 6,000.00 7,700.00 8,000.00 2,000.00 80,000.00 SUB-TOTAL SCHEDULE I SCHEDULE II 58 MOBILIZATION AND PREPARATORY HORK 59 TEMP. WORK ON 10" ACP HATERLINE RECONST. STA 28+50 60 HATERLINE 10' ACP 61 VALVE ASSEMBLY 10s SV 62 TEHP. HORK ON 12" STL INTERLINE RECONST. STA 40+00 63 TEHP. HORK ON 12" HATERLINE RECDNST. STA 76+00 64 HATERLINE 12" STEEL 65 . VALVE ASSEMBLY 12" 6V 66 HETER STATION RECONSTRUCTION 67 EXTERIOR ELECTRICAL SERVICE FOR METER STATION 68 HATERLINE 16" STL 69 DEMO. AND SALVAGE EL HETER STATION AT STA 39+50 70 PRESSURE REGULATING VALVE STATION 71 EKTERIOR ELECTRICAL SERVICES FOR PRV STATION 72 HATERLINE 16" ACP 73 HATERLINE 12" ACP 74 VALVE ASSEMBLY 16" BV WITH THRUST WALLS 75 VALVE ASSEMBLY 16" BV 76 REINSTALL EXIST VALVE ASSEMBLY 12" GV 77 MANUAL AIR RELEASE 1" 78 MANUAL AIR RELEASE 2' 79 BLOBOFF 4" 80 AIR AND VACUUM VALVE 1* 4,392,617.75 LS LS LF EA LS LS LF EA LS LS LF LS LS LS LF LF EA EA EA EA EA EA EA 1 1 1,154 2 1 1 641 5 1 1.1 155 1 1 1 5,807 73 2 3 1 4 7 5 2 12,500.00 1,500.00 30.00 1.200.00 2J500.00 2,000.00 80.00 1,500.00 55,000.00 3.000.00 90.00 70,000.00 3,000.00 40.00 36.00 4,500.00 3,000.00 1,200.00 1,800.00 2,400.00 2,800.00 2,400.00 12,500.00 1,500.00 34,620.00 2,400.00 2,500.00 2,000.00 51,280.00 7,500.00 55.000.00 3JOOO.OO 13J950.00 4.000.00 70,000.00 3,000.00 232,280.00 2,628.00 9,000.00 9,000.00 1,200.00 7,200.00 16,800.00 14,000.00 4,800.00 CGS-BAH\COSTEST II - 4 V)v>mc/>en o CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-1. (PALOHAR AIRPORT ROAD) EXHIBIT "A" TO PART II PUBLIC WORKS OF CONSTRUCTION COST ESTIMATE BID .5TEH 81 82 83 84 DESCRIPTION UNIT QUAN1TY UNIT COST TOTAL 95 96 97 98 99 100 10! 102 103 104 105 106 107 AIR AND VACUUH VALVE 2' FIRE HYDRANT ASSEMBLY SHEETING, SHORINB AND BRACING EARTHQUAKE AND TIDAL SAVE INSURANCE SUB-TOTAL SCHEDULE II TOTAL SCHEDULE I AND SCHEDULE II ADDITIVE BID ITEMS EXIST CHANNEL DEMO. (E'LY STA 98+71.5) CHANNEL EXCAVATION (E'LY STA 98+71.5) CHANNEL ROCK SLOPE PROTECT. (E'LY STA UNCLASSIFIED EXCAVATION (S'LY POR. RO UNCLASSIFIED FILL (S'LY POR. RCADBAY) CURB AND GUTTER TYPE 6 6" TYPE B-2 HEDIAN CURB ASPHALT CONCRETE PAVEMENT 6" THICK UNTREATED BASE 18" THICK ADJUST MANHOLE TO GRADE TEMPORARY PAVING 3" FOR ADDITIONAL WORK TRAFFIC CONTROL FOR ADDITIONAL UQRK FINAL STRIPING FOR ADDITIONAL BORK SUB-TOTAL ADDITIVE BID ITEHS HITISATION ITEHS - IRRIGATION IRRIGATION HEADS RA3NBIRD 25BPJ IRRIGATION HEADS TDRO 570 VALVE W/BOX PLASTIC 1-1/2 QUICK COUPLING VALVE LATERAL LINE MAINLINE 2-1/2" BACKFLOK PREVENTER CONTROLLER W/BOX SUB-TOTAL IRRIGATION MITIGATION ITEMS - PLANTING TREES - PLANT BANDS 1 iURANCE i 98+71.5) 93+71.5) E'LY STA 98+71. 5) ' POR. RQADSJAY) RCAOBAY) THICK IONAL WORK IL UQRK . BORK 'E BID ITEMS PJ EA EA LS L3 LS CY CY CY CY LF LF TON CY EA TON LS LS EA EA EA EA LF LF EA EA 3 7 1 1 1 1,575 255 2,670 220 670 670 940 1,600 3 340 1 1 124 289 22 13 9,295 4,740 3 1 2,800.00 3,200.00 12,000.00 1,000.00 10,000.00 2.50 225.00 4.50 4.50 8.50 8.50 33.00 18.00 400.00 35.00 4,000.00 2,000.00 20.00 5.00 125.00 33.00 1.00 2.50 239.00 2,000.00 8,400.00 22,400.00 12,000.00 1,000.00 603,958.00 .4,996,575.75 10,000.00 3,937.50 57,375.00 12,015.00 990.00 5,695.00 5^695.00 31,020.00 28,800.00 1,200.00 11,900.00 4,000.00 2,000.00 174,627.50 5,171,203.25 2,480.00 1,445.00 2,750.00 429.00 9,295.00 11,850.00 717.00 2,000.00 EA 3,554 4.00 30,966.00 14,216.00 C6S-BAH\COSTE5T II - 5 CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-1. (PALOHAR AIRPORT ROAD) EXHIBIT "A" TO PART II PUBLIC WORKS OF CONSTRUCTION COST ESTIMATE BID •ITEM DESCRIPTION UNIT QUANITY UNIT COST TOTAL TREES - 15 BAL TREES - 24" BOX SHRUBS - 1 BAL SHRUBS - 5 BAL HYDROSEED ROOTED CLUMPS SUB-TOTAL PLANTING SUB-TOTAL MITIGATION EA EA EA EA SF EA 212 18 3,753 185 150,000 246 70.00 250.00 5.00 30.00 0.04 30.00 14,840.00 4,500.00 18,765.00 5,550.00 6,000.00 7,380.00 71,251.00 102,217.00 BRAND TOTAL 5,273,420.25 CBS-BAHXCOSTEST II - 6 ENGINEER'S REPORT PART III CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD WEST) ASSESSMENT ROLL WHEREAS, on , 1988, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, did, pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, and as amended, adopt its Resolution of Intention No. , for the construction of certain public improvements, together with appurtenances and appurtenant work in connection therewith, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD WEST) (hereinafter referred to as the "Assessment District"); and, WHEREAS, said Resolution of Intention, as required by law, did direct the appointed Superintendent of Streets to make and file a "Report", consisting of the following: a. Plans; b. Specifications; c. Cost estimate; d. Assessment Diagram showing the Assessment District and the subdivisions of land contained therein; e. A proposed assessment of the costs and expenses of the works of improvement levied upon the parcels and lots of land within the boundaries of the Assessment District. f. A proposed maximum annual assessment for administration and collection of assessments. For particulars, reference is made to the Resolution of Intention as previously adopted. NOW, THEREFORE, I, GALEN N. PETERSON, authorized represen- tative of NBS/LOWRY INCORPORATED, the duly appointed ENGINEER OF WORK, pursuant to the "Municipal Improvement Act of 1913", do hereby submit the following: 1. I, pursuant to the provisions of law and the Resolution of Intention, have assessed the costs and expenses of the works of improvement to be performed in the Assess- ment District upon the parcels of land in the Assessment District benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For particulars as to the III-l identification of said parcels, reference is made to the Assessment Diagram, a copy of which is attached hereto. 2. As required by law, a Diagram is hereto attached as Part IV of this Report, showing the Assessment District, as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said District as the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions of land or parcels or lots respectively have been given a separate number upon said Diagram and in said Assessment Roll. 3. The subdivisions and parcels of land the numbers therein as shown on the respective Assessment Diagram as attached hereto correspond with the numbers as appearing on the Assessment Roll as contained herein. 4. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with Division 10 of the Streets and Highways Code of the State of California (the "Improvement Bond Act of 1915"), to represent all unpaid assessments, and the last installment of said bonds shall mature a maxi- mum of TWENTY-FOUR (24) YEARS from the 2nd day of September next succeeding twelve (12) months from their date. Said bonds shall bear interest at a rate not to exceed the current legal maximum rate of 12% per annum. 5. By virtue of the authority contained in said "Municipal Improvement Act of 1913", and by further direction and order of the legislative body, I hereby make the follow- ing Assessment to cover the costs and expenses of the works of improvement for the Assessment District based on the costs and expenses as set forth below: AS PRELIMINARILY AS APPROVED CONFIRMED Estimated Cost of Construction: $5,800,762 Estimated Incidentals, Right of Way, and Financing Cost: $2,999,606 Estimated Total Project Cost: $8,800,368 Estimated Cash Contributions: $3,790,748 Interest Earned During Construction: $ 156,621 Balance to Assessment: $4,852,999 m III-2 CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-1 (PALOHAR AIRPORT ROAD) EXHIBIT "A" TO PART III ASSESSMENTS m m ASSESSOR'S PARCEL ASSESSMENT NO. . NUMBER 1 211-021-18 2U-021-19 211-021-20 211-021-25 211-021-26 211-040-08 211-040-09 212-040-25 212-040-25 212-040-26 212-040-26 2 212-040-32 212-040-35 212-040-36 212-040-37 212-040-38 212-041-05 212-041-05 3 212-041-03 212-041-04 212-041-06 212-041-07 212-041-08 212-041-09 4 212-110-01 212-110-02 212-110-03 212-110-04 212-110-05 212-110-06 212-110-07 212-110-08 ASSESSED VALUE OF LAND (COUNTY ASSR'S RECORDS) $337,258 319,011 1,165,621 208,080 52,020 144,367 31,354 $2, 257, 711 125,551 136.656 1,372,811 319,317 207,060 1,142,604 257,730 $3, 299, 572 153,716 914,485 1,126,271 339,417 602,833 914,485 565,295 $4,962.736 223,165 107,681 99,878 103,519 182,070 143,055 125,368 176,347 . ASSESSED VALUE OF IMPROVEMENTS $0 95,234 0 0 0 0 0 $95,234 0 0 0 0 0 0 0 to 0 0 0 0 0 0 0 to 0 0 0 0 0 0 0 0 TRUE VALUE OF PARCEL (1931 ACT) t337,253 414,245 1,165,621 208,080 52,020 ' 144,367 31,354 t2, 352, 945 125,551 136,656 1,372,311 319,317 207,060 1,142,604 257,780 t3,299,572 153,716 914,485 1,126,271 839,417 602,833 914,485 565,295 t4, 962, 786 223,165 107,681 99,878 103,519 182,070 143,055 125,368 176,347 1/2 VALUE OF PARCEL (1931 ACT) t!6B,629 207,123 582,811 104,040 26,010 72,134 15,677 11,176.474 62,776 68,328 686,406 159,659 103,530 571,302 123,890 $1,649,737 76,358 457,243 563,136 419,709 301,417 457,243 232,648 $2,481,396 111,583 53,841 49,939 51,760 91,035 71.528 62,684 88,174 UNPAID AS PRELIHI- AS FINALLY SPECIAL NARILY CONFIRMED ASSESSMENTS APPROVED & RECORDED to. oo 0.00 0.00 0.00 0.00 0.00 0.00 tO.OO $1,720,940.22 0.00 1511,098.96 0.00 117,821.73 0.00 0.00 0.00 0.00 0.00 $0.00 $997,484.90 0.00 10.00 146,070.13 323,545.78 ? 146,852.81 136,971.32 136,971.32 134,721.06 $1,025,132 $1,406,077.91 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 11,161,083 $0 11, 141,083 $580,544 $0.00 $199,575.34 29 PARCELS 12,097,075.00 95,234.00 12,192,307.00 6,096,163.00 1,025,132.42 $4,852,999.06 BAH\CALRSBAD\PALCMAR\ASEEKENT - DEBTLIKIT III-3 300 7*30 O=5Td 20 For particulars as to the individual assessments and their descriptions, reference is made to the Exhibit "A" attached hereto. 6. The Method of Spread of Assessment is as set forth in Exhibit "B" to Part III, which is attached hereto, referenced and so incorporated. DATED: ^//)y / 2- ' , 1988 NBS/LQWRY INCORPORATED ENGINEER OF W^RK "" CITY OF CARLSBAD STATE OF CALIFORNIA III-4 I, ALETHA L. RAUTENKRANZ, as 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 , 1988. CITY CLERK CITY OF CARLSBAD I, ALETHA L. RAUTENKRANZ, as' CLERK of the CITY OF CARLSBAD, CALIFORNIA, do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was approved and confirmed by the City Council of said City on the day of , 1988. CITY CLERK CITY OF CARLSBAD I, LLOYD HUBBS, as CITY ENGINEER of the CITY OF CARLSBAD, CALIFORNIA, do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was recorded in my office on the day of , 1988. CITY ENGINEER CITY OF CARLSBAD III-5 ENGINEER'S REPORT CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD WEST) EXHIBIT "B" TO PART III METHOD AND FORMULA OF ASSESSMENT SPREAD The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the "Municipal Improvement Act of 1913," must be based on the benefit that the properties receive from the works of improvement. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is retained for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. For these proceedings, the City has retained the services of NBS/Lowry Incorporated. See Attachment I for a statement of their qualifications and experience. The Assessment Engineer then makes his recommendation at the public hearing on the Assessment District, and the final authority and decision rests with the City after hearing all testimony and evidence presented at that public hearing. Upon the conclusion of the public hearing, the City must make the final decision in determining whether or not the assess- ment spread has been made in direct proportion to the benefits received. Analysis City of Carlsbad policy Statement No. 33, effective May 29, 1984 sets the policy for use of Assessment Districts to finance Public Improvements. The improvements include arterial streets identified on the circulation element of the Carlsbad General Plan. It further permits certain improve- ments within the arterial street right-of-ways to be financed and to include, sewers, water lines, drainage and public utilities. The arterial street to be constructed and financed by this assessment district is a portion of Palomar Airport Road. This street permits only limited access to adjoining property and, in general, point access is limited at intervals of 2600 feet. B-l 33 < Benefits and Assessment Criteria Palomar Airport Road exists and provides an improved two lane traveled way and currently carries a relatively high traffic volume. Where development has occurred, adjacent to Palomar Airport Road, the improvements to widen Palomar Airport Road to its ultimate width have been paid for and constructed by the land owner as a condition for development. The vertical alignment of the existing roadway requires adjustment and structural failures are occurring in the roadway. The construction or reconstruction of the interior two traffic lanes in each direction and the center median including appropriate share of specific incidental costs will be financed by the City of Carlsbad. This leaves the outside travel lanes, the parking lane, curb and gutter and parkway improvements to be the obligation of adjoining property owners. The adjoining property owners receive a direct benefit by the construction of street and utility improve- ments adjoining their property. The total construction costs for improvements are assessed on a front footage basis to the benefited properties. Certain assessor's parcel numbers within the boundaries of the Assessment District are in common ownership. Some of these parcels do not abut Palomar Airport Road. With limited access to Palomar Airport Road, the direct benefit assessed to the adjacent properties on a front footage basis extends to the non-abutting parcels. Parcels under common ownership are assigned a single assessment number. Future division of these parcels and sale to different owners will require segregation of the assessment. It will be the intent in the segregation process, even though the assessment is spread on front footage basis, to allocate the assessment to all land on benefited area. The above will also apply to large land parcels that are subsequently divided and only a portion of the subdivided parcels abut Palomar Airport Road. The benefit accrues to all the land and the segregation may be made on an area basis. Certain lands abutting Palomar Airport Road are currently restricted by the Williamson Act and the local coastal zone. The frontage assessment to these properties (approximately 2555 feet in frontage) will be borne by the City of Carlsbad. An agreement exists for repayment of the assessment to the City upon the approval to develop and use the property for uses other than agriculture. B-2 ,m The cost of land and right-of-way have been assessed as follows: •at The cost of slope easements on a certain parcel were "" assessed directly to that parcel since future grading of M that parcel may allow the use of that area paid as a slope easement. The remaining cost of land and „, right-of-way was assessed on a front footage basis to the benefited propertie's. Two properties ' (Assessor's * ' Parcel No. 211-021-20 and Assessment No. 4) were excluded from this frontage assessment for remaining right-of-way because they have previously dedicated the * full amount of necessary right-of-way. «« Incidental costs less cash contributions and interest earned during construction were prorated to each of the benefits in accordance with each benefit's share of the total „ construction costs. -» Financing costs were prorated to each of the benefits in accordance with each benefit's share of the total construc- **" tion, land acquisition and incidental costs. «NI In conclusion, it is my opinion that the assessments for the « above-referenced Assessment District have been spread in direct proportion with the benefits that each parcel receives "* from the works of improvement. DATED: /^/// V /t~ , 1988 NBS/L0WRY INCORPORATED ASSESSMENT CITY OF CARLSBAD STATE OF CALIFORNIA B-3 i i i i i i i j t j i I i t t i i 3 t i i t ATTACHMENT I TO EXHIBIT "B" TO PART III NBS/LOWRY STATEMENT OF QUALIFICATIONS AND EXPERIENCE ASSESSMENT ENGINEERING SERVICES NBS/Lowry has a successful record of completed assessment district projects, in excess of $250,000,000 in project costs. The firm has assisted numerous clients in the for- mation of assessment districts under various State Acts governing special improvement procedures and bonds, including the 1911, 1913, 1915, 1931 and 1972 Acts of the Streets and Highways Code of the State of California. To demonstrate NBS/Lowry's expertise and experience in providing assessment engineering services, the following pages present a partial, representative list of projects in which NBS/Lowry has or is currently serving as Assessment Engineer. The brief project descriptions exemplify the firm's assessment engineering capabilities for diverse public works improvement projects ranging in scope and magnitude. More detailed information regarding NBS/Lowry's assessment engineering can be provided upon request. II i i II i i i i NBS/LOWRY ASSESSMENT ENGINEERING EXPERIENCE REPRESENTATIVE LIST OF PROJECTS Project Client Cost Construction Contract Date Number of Parcels Project Title and Design Features BIG BEAR LAKE, CITY OF Robert Van Nort General Manager 714/866-5831 $ 3,000,000 1,000,000 1985 1984 1,000,000 1984 2,465,400 3,460,500 1982 1982 1,000 AD 18-84 and 18-85 Street Improvements, Subareas 1 through 9; 20,000 LF asphalt concrete paving; grading; appurtenant drainage structures •• 35 AD 17 Public Works Improvements; 2,000 LF 8" sewer lines; 7,000 LF 8" water main; 3/4-mile street and storm drainage improvements; appurtenances. 75 AD 16 Public Works Improvements; 6,500 LF 8" sewer lines; 5,500 LF 6"-12" water mains; hydropneumatic booster station; 1.5 miles street and storm drainage improvements; appurtenances. 652 AD 15 Sewer System; 21,400 LF 8"-10" sewer lines; 4,650 LF 4"-6" laterals; 2 lift stations. 345 AD 14 Sewer System; 49,600 LF 8"-10" sewer lines; 11,300 LF 4"-6" laterals; lift station. B-I.l. I I t i §1 II li ii I i i I II ii ii ii I i ft i k i NBS/LOWRY ASSESSMENT ENGINEERING EXPERIENCE REPRESENTATIVE LIST OF PROJECTS Client Project Cost Construction Contract Date Number of Parcels Project Title and Design Features CARLSBAD, CITY OF Ray Patchett Assistant City Manager 619/438-5561 $ 1,943,809 1987 9,570,250 1986 15,772,400 Not Applicable 9,453,000 Not Applicable 21 AD 86-1 Palomar Airport Road; Street improvements to Palomar Airport Road (1261 wide), approximately 1.0 mile, including water, drainage, telephone, gas and electric (1931 Act only). 65 AD 85-2 College Boulevard: Street improvements to College Boulevard (102* wide), approximately 1.9 miles, including water, sewer, drainage, telephone, gas-, electric and cable TV (assessment engineering only). 126 AD 85-1 Cannon Road; Street improve- ments to Cannon Road, (102* wide), approximately 2.9 miles, including water, drainage, telephone, gas and electric, and sewerage pump station, force main and 43,355 LF of 8"-36" sewer line (1931 Act only). 1,305 Bridge and Thoroughfare Benefit District No. 1; Improvements to three Interstate 5 interchanges, Palomar Airport Road, Poinsettia Lane and La Costa Avenue, including bridge widening, reconstruction or construction (including signalization) of on/off ramps, roadway approaches, signing, striping and appurtenant work. B-I.2 i i i i I I t 1 i 1 i i I -i i NBS/LOWRY ASSESSMENT ENGINEERING EXPERIENCE REPRESENTATIVE LIST OF PROJECTS Client Project Cost Construction Contract Date Number of Parcels Project Title and Design Features CORONA, CITY OF Jim Wheaton City Manager 714/736-2374 417,000 560,000 570,000 1986-87 1985-86 1984-85 45,000 14,000 5,000 297,000 1986-87 1985-86 1984-85 1985 54,700,000 1985 15,293 Maintenance District No. 84-1, Street 14,844 Lighting; Ordinary and usual mainte- 14,187 nance, operation, and servicing for city-wide street lighting system and conversion to high-pressure sodium lighting. 865 Maintenance District No. 84-2, Land- 284 scaping; Landscaping maintenance for 9 various subdivided tracts. 2 Assessment District No. 84-1, Public Works Improvements; Buy-in for two excluded parcels of AD 79-2 for water, sewer, flood control, street and other public works improvements. 121 AD 79-2 Public Works Improvements, 1,460-Acre Residential'-, Commercial and Industrial Land Development; 56,200 LF 12"-30" water lines, 3 MG and 4 MG buried concrete reservoirs and 2,000 gpm water booster station; 46,000 LF 6"-18" sewer lines, 800 LF 4"-6" laterals, chimney laterals and wastewater pump stations (2 MGD, 264 gpm, 120 gpm); 21,900 LF 8'x5' box culverts, 1500 LF (continued) B-I.3 i i i i i i NBS/LOWRY ASSESSMENT ENGINEERING EXPERIENCE REPRESENTATIVE LIST OF PROJECTS Client Project Cost Construction Contract Date Number of Parcels Project Title and Design Features CORONA, CITY OF (continued) $10,000,000 903,000 1981 1980 108 101 8'x4' box culverts, 5 storm drain and 2 pipeline connections to Arlington Flood Control Channel, transition structures, concrete-lined channels' and graded (earth diversion) channels; 5 miles of major and secondary streets, new bridges over Riverside Freeway 91 and AT&SF Railroad, 2 freeway access ramps, widening 2 bridges over Arlington Flood Control Channel, and widening an existing railroad grade crossing; and underground telephone, gas, and electric facilities in all streets and hookups to existing facilities. AD 80-1 Sewer System; capacity rights to Santa Ana Regional Interceptor (assessment engineering only). AD 79-1, Fire Station No. 4: Con- struction of 4-bay fire station. B-I.4 i i i t i i 1 I I I I i t t i NBS/LOWRY ASSESSMENT ENGINEERING EXPERIENCE REPRESENTATIVE LIST OF PROJECTS Client Project Cost Construction Contract Date Number of Parcels Project Title and Design Features SAN BERNARDINO, COUNTY OF Dick RJeker, Chino Valley Regional Manager 714/988-1542 $30,000,000 1986 41,900,000 1985 1,233 AD 86-1 Public Works Improvements, 5.750-Acre Chino Hills Residential, Commercial and Industrial Development; Wastewater collection, water transmission, flood control, drainage, streets and other general improvement facilities. (Second in a series of assessment districts, Mello-Roos Community Services District and utility revenue districts to fund the construction of over $220 million in public works improvements.) 222 AD 85-1 Public Works Improvements, 6,700-Acre Chino Hills Residential, Commercial and Industrial Development: Wastewater collection, treatment and reclamation; water supply storage and transmission; fire protection; flood control and drainage; streets and highways; parks and public buildings; and other general improvement facilities. (First of a series of assessment districts, Mello-Roos Community Services Districts and utility revenue districts to fund the construction of over $220 million in public works improvements.) B-I.5- I I l I i § J i i i i 1 i i i i i I i i i * i i i i i i i NBS/LOWRY ASSESSMENT ENGINEERING EXPERIENCE REPRESENTATIVE LIST OF PROJECTS Project Client Cost YUCAIPA VALLEY WATER DISTRICT $ 2,753,850 Ed Magyar General Manager 714/797-5117 3,755,000 2,594,850 3,352,780 3,827,020 3,190,150 852,740 1,135,820 1,142,430 Construction Contract Date 1986 1986 1986 ' < 1986 1986 1986 1985 1985 1985 Number of Parcels 514 779 402 700 1,210 781 397 544 590 Project Title and Design Features AD 9 Sewer System: 47,000 LF 8" lines; 12,500 LF 4"-6" laterals. AD 8 Sewer System: 60,000 LF 8" lines; 18,000 LF 4"-6" laterals. AD 6 Sewer System: 45,300 LF 8" lines; 12,000 LF 4"-6" laterals. AD 5 Sewer System: 53,000 LF 8" lines; 15,000 LF 4" laterals. '.. AD 3 Sewer System: 55,500 LF 8" lines; 28,600 LF 4"-6" laterals. AD 11 Sewer System: 53,600 LF 8 lines; 18,500 4"-6" laterals. AD 12 Sewer System: 36,400 LF 8 lines; 6,400 LF 4"-6" laterals. AD 10 Sewer System: 42,200 LF 8 lines; 13,500 LF 4"-6" laterals. AD 7 Sewer System: 37,200 LF 8" sewer sewer sewer sewer -10" " sewer " sewer " sewer sewer lines; 13,500 LF 4"-6" laterals. (continued) B-I.6 i i i i I i t I i i jijiliilitiiaftiiiiitiiiiitii NBS/LOWRY ASSESSMENT ENGINEERING EXPERIENCE REPRESENTATIVE LIST OF PROJECTS Client Project Cost Construction Contract Date Number of Parcels Project Title and Design Features YUCAIPA VALLEY WATER DISTRICT (continued) $32,934,200 1984 11,000 TWENTY-FIVE (25) ADDITIONAL AGENCIES 1,521,000 1,437,300 882,500 1,739,300 7,461,439 1978 1978 1978 1977 1962- 1987 693 428 414 700 31,660+ AD 20 Regional Sewage Treatment System; 3.0 MGD wastewater treatment plant; septage disposal system'; 4 pump stations; 155,965 LF 4"--24" sewer lines; 18,450 LF 4"-6" laterals. AD 4 Sewer System; 48,709 LF 8" sewer lines; 18,071 LF 4"-6" laterals. AD 1 Sewer System: 54,813 LF 8" sewer lines; 9,877 LF 4" laterals. AD 13 Sewer System; 30,563 LF 8" sewer lines; 12,230 LF 4" laterals. AD 2 Sewer System; 53,929 LF 8"-15" sewer lines; 16,392 LF 4"-6" laterals. Eighty-Two Assessment Districts; Various public works improvements, control, including water and wastewater systems, storm drains and flood facilities, street improvements and appurtenant public works. B-I.7 ENGINEER'S REPORT PART IV CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-1 ASSESSMENT DIAGRAM A full-size copy of the Assessment Diagram is attached hereto and is a part of the Engineer's "Report". IV-1 ENGINEER'S REPORT PART V CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-1 DESCRIPTION OF WORKS OF IMPROVEMENT AND RIGHTS-OF-WAY TO BE ACQUIRED DESCRIPTION OF WORKS OF IMPROVEMENT The proposed works of improvement are generally described as follows: Palomar Airport Road is a primary arterial having a 126 foot right-of-way with three travel lanes in each direction and a median. The proposed improvements to Palomar Airport Road will bring this road to full City standards from Paseo Del Norte easterly approximately 8,742 lineal feet to the southwesterly boundary of that area known as Carlsbad Tract No. 81-46, Map 11289; and more specifically include: 1) full width improvements constructed to adopted line and grade with water, drainage, fire hydrants, traffic control and appurtenant work from 250 feet easterly of Paseo De Norte, to a point easterly approximately 7,384 lineal feet. 2) half street improvements on the north side of the street with water, drainage, fire hydrants and traffic control from the easterly end of 1) above improvements, to a point easterly approximately 765 lineal feet. 3) median improvements from approximately the easterly end of 2) above improvements, to a point easterly approxi- mately 343 lineal feet plus from said easterly end of 2) above to a point approximately 95 lineal feet westerly overlapping the half street improvements identified in 2) above. 4) Additive bid items also include half street improvements on the south side of the street with water, drainage, fire hydrants and traffic control from the easterly end of 1) above to a point easterly approximately 670 lineal feet. Temporary irrigation and erosion control will be installed in the parkway and on cut and fill banks. V-l m m ' RIGHT-OF-WAY CERTIFICATE STATE OF CALIFORNIA CITY OF CARLSBAD The undersigned, LLOYD HUBBS, hereby CERTIFIES UNDER PENALTY OF PERJURY that the following is all true and correct: At all times herein mentioned, the undersigned was, and now is, the duly appointed City Engineer and ' authorized representative of the CITY OF CARLSBAD, CALIFORNIA. That there have now been instituted proceedings under the provisions of the "Municipal Improvement Act of 1913," being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public improvements in a special assessment district known and designated as ASSESSMENT, DISTRICT NO. 86-1 PALOMAR AIRPORT ROAD WEST (hereinafter referred to as the "Assessment District"). THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS: (check one) ( ) a. That all easements, right-of-way, or land necessary for the accomplishment of the works of improvement for the above referenced Assessment District have been obtained and are in the possession of the City of Carlsbad. (X) b. That all easements, rights-of-way or land necessary for the accomplishment of the works of improvement for the above referenced Assessment District have been obtained and are in the possession of the City of Carlsbad, EXCEPT FOR THOSE set forth in a separate document on file with the City of Carlsbad, State of California, and made a part hereof as if included herein, showing the legal descriptions of rights-of-way and easements not yet obtained at this time. It is further acknowledged that works of improvement as proposed to be constructed within said Assessment District must be constructed within public rights-of-way, land, or easements as owned by said City at the time of the construction of the works of improvement, and the undersigned hereby further certifies that all rights-of-way necessary for V-2 the works of improvement will be obtained and in the possession of the City prior to the commencement of any construction. EXECUTED THIS day of , 1988. CITY ENGINEER CITY OF CARLSBAD STATE OF CALIFORNIA V-3 ENGINEER"S REPORT PART VI CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-1 A proposed maximum assessment of $60.00 per assessed parcel will be levied upon each of the several subdivisions of land in the district including parcels representing a division of any parcel to pay costs incurred by the CITY OF CARLSBAD and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds. VI-1