HomeMy WebLinkAbout1990-07-10; City Council; 10705; Alga Road AD 88-01 Public HearingCIT- -JF CARLSBAD - AGENC- TILL $4
4B# /+ !?fl s* I TITLE: ALGA ROAD
d-f-G. 7/10/90
)EpT. ENG:MP I
ASSESSMENT DISTRICT NO. 88-1 PUBLIC HEARING CITY MG@-
RECOMMENDED ACTION:
Adopt Resolution No.qO-aal ordering changes and modifications to the Engineers VIReport'V.
Adopt Resolution No.qf)-aa confirming assessments and ordering improvements.
Adopt Resolution No.?o-323 approving a special assessment district pass-through authorization agreement..
ITEM EXPLANATION:
On December 6, 1988, Council, at the request of the developer of the Aviara project, initiated proceedings for a 1913/1915 Act special assessment district for the purpose of constructing portions of Poinsettia Lane and Alga Road improvements. On June 6, 1990, Council set the public hearing for tonight and awarded the construction contract.
The limits of the work to be done are to extend Poinsettia Lane from its existing end to Alga Road, a length of approximately 1900 feet and Alga Road within the Master Plan area of the Aviara development. The boundaries of the proposed district include all of the Aviara project and four (4) parcels outside of the development and adjacent to Poinsettia Lane. The improvements include all those necessary to bring Poinsettia Lane to full major arterial standards and Alga Road to full improvements as shown on the tentative map.
Two (2) significant actions are to be considered by the Council which are new to the City of Carlsbad: 1) Approval of an acquisition district, and 2) Pass-through of assessments to residential property owners. Each of these requires some discussion.
Acouisition Assessment District: Under the usual form of assessment district, Council confirms the district and the City constructs the improvements as a public works project. Under an acquisition district, the develoner constructs the improvements prior to the Council confirmation and the City purchases the improvements from the developer.
In order to verify developer costs, a three-step detailed checking process was established. First, the developer advertised for bids and received at least three (3) bids for all construction work.
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c Page 2 of Agenda Bill No. 10, ')05
Second, all books were audited and receipts obtained for every cost and then each item was inspected in the field to verify it was constructed. Finally, all construction and incidental costs were analyzed and compared to industry norms to ensure reasonableness. In this latter stage, total engineering costs were initially 18% of construction costs. Average costs --using the American Society of Civil Engineers and other data--are approximately 15%. Therefore, some incidental costs were disallowed bringing engineering costs to 14.8% of construction.
Pass-throuah of Assessments: Council previously approved, in concept, the passing through of the assessments to the residential homeowners providing that an acceptable disclosure plan was approved by the City Council. A pass-through authorization agreement between the City and the developer is attached as Exhibit 3. The agreement provides for noticing to the potential buyer and goes further and requires a buyer to exercise an option to pay off the assessment at the time of purchase or accept the pass-through. Each buyer will be asked to sign a Notice of Assessment and select an option and sign a Buyer Assessment Option Agreement. Both of these forms are attached to Exhibit 3. Additionally, all developer advertising must contain the amount of assessment in the advertised sales price and each new builder who buys a final map must either execute the pass-through agreement and abide by the same rules or pay off the assessments and not pass them to the homebuyer.
Assessment Soread: The spread of assessments was calculated based on estimating the number of vehicular trips generated from each building and residential use. The actual assessment was then reduced to an amount per gross acre depending on land use.
The cost of Alga Road was placed entirely on the Aviara project. The cost of Poinsettia Lane was spread to the entire district which includes all of Aviara plus four (4) parcels which are adjacent to Poinsettia Lane. All costs have been carefully segregated between Alga Road or Poinsettia Lane. The cost of Poinsettia Lane is $6,380,110 and the total assessments to the four (4) adjacent property owners is $238,539 with the balance going to the Aviara project. Additionally, the four (4) adjacent property owners were paid for their property dedicated as right-of-way as follows:
Pronertv Received for Right-of-Wav Assessment
Tabata Thompson Porter Mendevil
$1,729,402 $ 94,237 786,345 50,064 113,460 8,835 53,665 85,403
TOTALS $2,682,872 $238,539
Page 3 of Agenda Bill No. IO. 25
In considering which properties to assess and which not to, Carlsbad's development requirements were used. Properties which are adiacent to public streets are required to improve one-half width of the streets upon development. The properties on the north side of Poinsettia Lane will not have direct access onto the street but would still be required--upon development--to improve the street. Therefore, they benefit and were assessed.
FISCAL IMPACT:
The total confirmed project cost is $20,630,969 ($14,250,859 for Alga Road and $6,380,110 for Poinsettia Lane). There was no City contribution to this district. All City administrative time, plan check and construction inspection services have been paid for by the developer. The developer has also deposited $2,700,000 in cash to pay for the City construction contract work now going on so that this work could be started prior to the school opening in September.
Upon the sale of bonds in August, the developer (or his bank) will be reimbursed for all actual construction and incidental expenses made on behalf of the district.
Homeowners will be assessed and may either pay the amount in cash or include it in the house mortgage or they may elect to have a pass-through of the assessment and make separate payments. Approximate assessment amounts on a single family house are $9,800 within the Aviara project and $2,800 for the properties adjacent to Poinsettia Lane.
EXHIBITS:
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Location map.
Order of Procedure.
Special Assessment District Pass-through Authorization Agreement.
Engineer's llReport" (on file in the Office of the City Clerk).
Resolution No. yo- 221 ordering changes and modifications to the Engineer's "Report".
Resolution No. 90- 222 confirming assessments and ordering improvements.
Resolution No. 90-223 approving a special assessment district pass-through authorization agreement.
214-170-06
LOCATION MAP
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210-11 l-09 (PART)
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401 WEST A slm2T2ur2 2200 m EXISTINQ ROAD
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SAN 06330, CAupocwA a2101
Tol~pham: (619) 2324466 ~IIIIIIIIIIII~~~IIIIIII~~~ PROP08ED PROJECT NOT TO SCALE /
PROJECT NAME PROJ. NO. EXHIBIT
ALGA ROAD ASSESSMENT DISTRICT AD88-1 1
4.
ORDER OF PROCEDURB
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 88-1
(ALGA ROAD)
DATE OF PUBLIC HEARING: JULY 10, 1990
PUBLIC HEARING
FOR CONSIDERATION:
MAYOR:
CITY CLERK:
STAFF:
HEARING REQUIRED PURSUANT TO THE "MUNICIPAL IMPROVEMENT
ACT OF 1913".
Announce that this is the time and place fixed for the
public hearing on protests or objections to the Resolu-
tion of Intention, Engineer's "Report" and all other
matters relating to ASSESSMENT DISTRICT NO. 88-l (ALGA
ROAD).
Announce that notice of the Public Hearing has been given
in the manner and form as required by law and that a
Certificate of Compliance is on file certifying that
notice was given in the following ways:
Posting all public streets within the District
Mailing notice to property owners within the District
Filing proposed boundary map in Office of County
Recorder
Publication of Notice of improvement
Explain purpose for Public Hearings.
Describe extent of works of improvement and boundaries
of Assessment District.
Present and summarise "Report".
Explain method and formula of assessment spread.
Make recommendation as to any modifications necessary
in the assessments or proceedings.
Summarise status of rights-of-way/easements.
Report on number of protests (% of area) received and
announce that copies have been delivered to each
member of the legislative body.
END OF STAFF REPORT - OPEN FOR PUBLIC DISCUSSION
EXHIBIT 2
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ORDER OF PROCEDURE
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 88-1
(ALGA ROAD)
DATE OF PUBLIC HEARING: JULY 10, 1990
MAYOR: ASK EACH SPEAKER TO IDENTIFY THEMSELVES AND THEIR
PROPERTY.
First, ask to hear from anyone who wishes to speak
against the improvement, the Assessment District, or the
method of spread.
Then, ask to hear from anyone who wishes to speak in
favor of the proceedings.
STAFF:
COUNCIL/STAFF: Discussion.
MAYOR: Declare Public Hearing CLOSED.
CITY COUNCIL:
CITY COUNCIL:
Report on final percentage of protests (% of area)
received.
Presentation of any proposed changes or modifications to
the Engineer's "Report" and the Assessment District.
IF THE LEGISLATIVE BODY WISHES To PROCEED:
Adopt RESOLUTION ORDERING CHANGES AND MODIFICATIONS:
Orders appropriate changes and modifications to the
proceedings and Engineer's "Report".
Adopt RESOLUTION CONFIRMING ASSESSMENTS: Formal action
ordering the improvements, confirming the assessments and
approving the final Engineer's "Report".
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RESOLUTION NO. go-221
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ORDERING
CERTAIN CHANGES AND MODIFICATIONS TO
THE ENGINEER'S "REPORT" IN A SPECIAL
ASSESSMENT DISTRICT
WHEREAS, the CITY COUNCIL of CITY OF CARLSBAD, CALIFORNIA,
has previously adopted its Resolution of Intention 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, for the construction of certain works of improvement
in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD) (hereinafter referred to
as the "Assessment District"); and
WHEREAS, based upon the presentation and recommendations of
staff and available documentation, it now appears that the
changes and modifications as set forth in the amended assessment
roll, as presented herein, should be approved and ordered to be
done.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and
correct.
SECTION 2. That all changes and modifications as set forth
in the final assessment roll and Engineer's "Report" as herewith
submitted are hereby ordered and authorized to be made. For all
particulars, reference is made to said "Report" as herein
approved, a copy of which will remain on file with the transcript .
of these proceedings and open for public inspection.
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2 SECTION 3. That the Engineer's "Report", the Assessment
3 Roll, and all related documentation, as so modified, are for the
4 best interests of the property owners within the Assessment
5 District, and said assessment, as modified, is in accordance with
6 the benefits received, and the "Report", as herein modified and
7 amended, shall stand as the "Report" for all subsequent proceed-
8 ings relating to this Assessment District.
9 PASSED, APPROVED AND ADOPTED by the City Council of the City
10 Of Carlsbad at its regular meeting held on the 10th day of
11 July , 1990, by the following vote, to wit:
12 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
l-4iiiz& ANN J. KULCHIN, Ma;or Pro-Tern
17 II ATTEST:
ALETHA L. RAVTENKRANZ, City Clerk
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RESOLUTION NO. go-222
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CONFIRMING THE ASSESS-
MENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER
WITH APPURTENANCES, AND APPROVING THE ENGINEER‘S
"REPORT"
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, has previously adopted its Resolution of Intention
and initiated proceedings for the construction of certain public
works of improvement, together with appurtenances and appurtenant
work, including acquisition where appropriate, in a special
assessment district pursuant to the terms and provisions of the
"Municipal Improvement Act of 1913', being Division 12 of the
Streets and Highways Code of the State of California, in a
special assessment district known and designated as ASSESSMENT
DISTRICT NO. 88-1 (ALGA ROAD) (hereinafter referred to as the
"Assessment District"); and,
WHEREAS, pursuant to said Resolution of Intention, a
"Report", as therein provided, was presented, considered and
approved; and,
WHEREAS, said "Report", as preliminarily approved, contained
all the matters and items called for by law and as pursuant to
the provisions of said "Municipal Improvement Act of 1913",
including the following:
1. Plans and specifications of the proposed improvements;
2. Estimate of cost; 3. Diagram of Assessment District;
4. An assessment according to benefits;
5. A description of the works of improvement; and,
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WHEREAS, all protests have been heard and considered, and a
full hearing has been given, all in the manner provided by law:
and,
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2 WHEREAS, notices of said hearing were duly and regularly
3 posted, mailed and published in the time, form and manner
4 required by law and as evidenced by affidavits on file with the
5 transcript of these proceedings; and,
6 WHEREAS, the owners of one-half (l/2) of the area assessed
7 for the cost of the project did not file written protests against
8 the said proposed improvements and acquisition where appropriate,
9 and this legislative body did, after providing a full hearing,
10 consider all protests and objections; and,
11 WHEREAS, this legislative body is now satisfied with the
12 assessment and all matters contained in the "Report" as now
13 updated and submitted.
14 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
15 RECITALS
16 SECTION‘ 1. That the above recitals are all true and
17 correct.
18 PROTESTS
19 SECTION 2. That all protests and objections of every kind
20 and nature be, and the same hereby are, overruled and denied, and
21 it is further determined that said protests and objections are
22 made by the owners of lees than one-half of the area of property
23 to be assessed for said improvements within said Assessment
24 District.
25 BENEFITS RECEIVED
26 SECTION 3. That it is hereby determined that all proper-
within the boundaries of the Assessment District receive a
28 local and direct benefit from the works of improvement as
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proposed for said Assessment District, and it is hereby further
determined and declared that all assessable costs and expenses
have been apportioned and spread over the properties within the
boundaries of the Assessment District in direct proportion to the
benefits received thereby.
PUBLIC INTEREST AND CONVENIENCE
SECTION 4. That the public interest and convenience require
the proposed improvements to be made, and therefore it is hereby
ordered that the work to be done and improvements to be made,
together with appurtenances and appurtenant work in connection
therewith, including acquisition where appropriate, in said
Assessment District, as set forth in the Resolution of Intention
previously adopted and as set forth in the "Report" presented and
considered, and as now submitted.
CONFIRMATION OF ASSESSMENT
SECTION 5. That the "Report", as now updated and submitted,
consisting of the assessment and diagram for the improvements,
together with appurtenances and appurtenant work in connection
therewith, including acquisition where appropriate, is hereby
confirmed.
The assessments contained in the final
Engineer's "Report" are hereby levied and approved as follows:
A. The final assessments to represent the
costs and expenses to finance the public works of improvement, as
authorized for these proceedings. .
B. The annual assessment to pay for administra-
tive costs in an amount not to exceed the maximum annual assess-
ment as set forth in said "Report".
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2 RECORDATION OF ASSESSMENT
3 SECTION 6. That the City Clerk shall forthwith deliver to
4 the Superintendent of Streets the said assessment, together with
5 the diagram attached thereto and made a part thereof, as
6 confirmed, with his certificate of such confirmation attached and
7 the date thereof: and that said Superintendent of Streets shall
8 then immediately record said diagram and assessment in his Office
9 in a suitable book to be kept for that purpose and attach thereto
1o his certificate of the date of such recording.
11 COUNTY RECORDER NOTICE
12 SECTION 7. Upon confirmation of the assessments and recorda-
13 tion of the assessment roll and diagram, a certified copy of the
14 assessment diagram shall be immediately filed in the Office of
15 the County Recorder. Immediately thereafter, a copy of the
16 notice of assessment shall be recorded in the Office of the
17 County Recorder in the manner and form as set forth by law and
18 specifically Section 3114 of the Streets and Highways Code of the
19 State of California.
20 MAILED NOTICE
21 SECTION 8. That said City Clerk, upon the recording of said
22 diagram and assessment, shall mail to each owner of real property
23 within the Assessment District at his last known address, as the
24 same appears on the tax rolls of the County or on file in the
25 Office of the City Clerk, or to both addresses if said address is
26 not the same, or to General Delivery when no address so appears,
27 a statement containing a designation by street number or other
28 description of the property assessed sufficient to enable the
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owner to identify the same, the amount of the assessment, the
time and place of payment thereof, the effect of failure to pay
within such time, and a statement of the fact that bonds will be
issued on unpaid assessments pursuant to the "Improvement Bond
Act of 1915".
PUBLICATION
SECTION 9. That said City Clerk shall also give notice by
publishing a copy of a notice of recording of assessment in the
newspaper previously selected to publish all notices as provided
by law, giving notice that said assessment has been recorded in
the Office of the Superintendent of Streets, and that all sums
assessed thereon are due and payable immediately, and that the
payment of said sums is to be made within thirty (30) days after
the date of recording the assessment, which date shall be so
stated in said notice, and of the fact that securities will be
issued upon unpaid assessments.
ASSESSMENT COLLECTION
SECTION 10. The County Auditor is hereby authorized and
directed, in accordance with the provisions of Section 8682 of
the Streets and Highways Code of the State of California, to
enter into his assessment roll on which property taxes will next
become due, opposite each lot or parcel of land affected, in a
space marked "public improvement assessment" or by other suitable
designation, the next and several installments of such assessment
coming due during the ensuing fisqal year covered by the assess-
ment roll and that said entry then shall be made each year during
the life of the bonds for the proceedings for the referenced
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Assessment District. This authorization is continual until all
assessment obligations have been discharged and the bonds
terminated.
As an alternate, and when determined to be in
the best interests for bondholders of the Assessment District,
this legislative body may, by Resolution, designate an official
other than the County Tax Collector and/or other agent to collect
and maintain records of the collection of the assessments, includ-
ing a procedure other than the normal property tax collection
procedure.
SECTION 11. In accordance with the provisions of Section
8685 of the Streets and Highways Code, if any lot or parcel of
land affected by any assessment is not separately assessed on the
tax roll so that the installment of the assessment to be
collected can be conveniently entered thereon, then the Auditor
shall enter on the roll a description of the lot or parcel
affected, with the name of the owners, if known, but otherwise
the owners may be described as "unknown owners", and extend the
proper installment opposite the same.
ASSESSMENT VERIFICATION STATEMENT
SECTION 12. The County Auditor shall, within 90 days after
any special assessment installment becomes delinquent, render and
submit a detailed report showing the amounts of the installments,
interest, penalties and percentages so collected, for the preced-
ing term and inetallment date, and' from what property collected,
and further identify any properties which are delinquent and the
amount and length of time for said delinquency, and further set
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2 forth a statement of percentages retained for the expenses of
3 making such collections. This request is specifically made to
4 the authorization of Section 8683 of the Streets and Highways
5 Code of the State of California.
6 ASSESSMENT DISTRICT FUNDS
7 SECTION 13. That the Treasurer is hereby authorized at this
8 time, if not previously done, to establish the following funds as
9 necessary for the payment of costs and expenses and administra-
10 tion of the proceedings for this Assessment District:
11 A. IMPROVEMENT FUND: All monies received from
12 cash collection, proceeds from the sale of bonds and applicable
13 contributions shall be placed into the Improvement Fund.
14 B. RESERVE FUND: All monies as designated to
25 assist in the payment of delinquencies shall be placed into the
16 Reserve Fund.'
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17 C. REDEMPTION FUND: All monies received from
18 the payment of assessments shall be placed in the Redemption
1g Fund.
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20 For particulars ae to the administration and
z1 handling of the Funds, the specific terms and conditions shall be
22 set forth in the Bond Indenture and approved through the Resolu-
23 tion Authorizing the Issuance of Bonds.
24 PASSED, APPROVED AND ADOPTED by the City Council of the City
25 Of Carlsbad at its regular meeting held on the 10th day of
26 July , 1990, by the following vote, to wit:
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AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
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2 2 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
3 3 NOES: NOES: None None
4 4 ABSENT: ABSENT: None None
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7 7 ATTEST: ATTEST:
8 8 ALETHA L. ALETHA L.
9 9 (SEAL) (SEAL)
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RESOLUTION NO. go-223
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SPECIAL ASSESSMENT DISTRICT PASS-THROUGH AUTHORIZATION AGREEMENT AND DISCLOSURE PLAN
WHEREAS, the City Council of the City of Carlsbad,
California on December 6, 1988 initiated proceedings for a
1913/1915 Act Special Assessment District to be known as Assessment
District No. 88-l (Alga Road); and
WHEREAS, said Special Assessment District contained a
provision for pass-through of assessments upon approval by the City
Council of an acceptable disclosure plan: and
WHEREAS, Council Policy 33 contains guidelines for the
contents of an acceptable disclosure plan;
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitations are true and correct.
2. That the Special Assessment District Pass-through
Authorization Agreement, together with the Notice of Assessment and
the Property Buyer Assessment Option Agreement, all attached hereto
as Exhibit 3 and made a part hereof constitute an acceptable
disclosure plan and have been found to be consistent with the
requirements of Policy 33.
3. That said Special District Pass-through
Authorization Agreement together with the Notice of Assessment and
Property Buyer Assessment Option Agreement are hereby approved.
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4. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on behalf
of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 10th day of , 1990, hlv
by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
L!GAL .
CLAUDE A. WIS, Mayor ANN J. KULCHIN, Mayor Pro-Tern
ATTEST:
A
City)Clerk
(SEAL)
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SPECIAL ASSESSMENT DISTRICT PASS-THROUGH AUTHORIZATION AGREEMENT
THIS AGREEMENT entered into this of day
City of Carlsbad, a municipal corporation (“City”), and
(“Developer”).
,199O by and between the
WHEREAS Developer or its predecessor in interest has petitioned the City Council of the City to
initiate proceedings for the formation of a special assessment district pursuant to the terms and
provisions of the “Municipal Improvement Act of 1913”, being Division 12 of the Streets and
Highways Code of the State of California, said special assessment district known and designated
as ASSESSMENT DISTRICT NO. 88-l (ALGA ROAD) (hereinafter referred to as the “Assessment
District”); and,
WHEREAS, the City has received the petition of Developer or its predecessor in interest and has
initiated proceedings for the formation of the Assessment District; and,
WHEREAS, the City has adopted policies relating to the utilization cf Assessment District financing
which require Developer to extinguish the lien on any parcel created as a result of the confirmation
of the Assessment District prior to the close of escrow on the sale of such parcel to a residential
home buyer unless Developer shall have provided full disclosure of the existence of the assessment
lien, the amount thereof, the annual assessment installments, the duration of the assessment lien
and such other information as may be required by the City, and has provided the residential home
buyer with the option to (a) take title subject to the applicable Assessment District special
assessment against their parcel, or (b) require the special assessment obligation to be discharged
prior to the close of such escrow; and,
WHEREAS, the parties hereto have entered into this Pass-Through Authorization Agreement to
establish the terms and conditions which must be satisfied by Developer should it desire to allow
residential home buyers to take title subject to the assessment obligation established for any parcel
or parcels within the Assessment District.
NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
SECTION 1. The above recitals are all true and correct
SECTION 2. Developer does own property proposed to be subject to assessment obligations
within the boundaries of the Assessment District. Developer% property is described
and set forth in the attached, referenced and incorporated Exhibit “A”.
SECTION 3. The escrow for the sale to any residential home buyer of any lot or parcel, including
condominium unit, within the Assessment District shall not close or title to such
parcel be otherwise conveyed to such residential home buyer without first causing
the assessment lien created as a result of the confirmation of the Assessment District,
if any, on such parcel to be extinguished except as provided for herein below.
An assessment lien on a parcel within the Assessment District proposed to be sold
to a residential home buyer need not be extinguished prior to the close of the
escrow for the sale or other conveyance to such residential home buyer if the
following preconditions are satisfied.
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SECTION 4.
SECTION 5.
SECTION 6.
k Developer shall have given the residential home buyer a copy of the Notice
of Assessment, the form of which is attached hereto as Exhibit “B” and
incorporated herein by this reference, which shall have been duly executed
by the residential home buyer or buyers.
B. Developer and the residential home buyer shall have entered into a “Property
Owner Special Assessment District Option Agreement (Supplement to Escrow
Instructions)” (the “Option Agreement”), the form of which is attached hereto
as Exhibit “C” and incorporated herein by this reference, and such Option
Agreement shall have been deposited into the escrow for the sale of such
parcel. Such Option Agreement shall have been executed prior to the close
of escrow by the Finance Director, or his designee.
Developer shall incorporate the amount of assessment discharge information into the
advertised sales price of the home and clearly disclose the pass-through option in
any sales literature. Sales literature for this purpose shall not be deemed to include
media advertising, billboards, signs or other like advertisements.
This obligation shall be binding on all heirs, assigns or successors-in-interest of the
parties hereto, and the City shall cause a copy of this Agreement to be recorded in
the Office of the County Recorder upon its execution.
Developer shall indemnify and hold harmless the City of Carlsbad from any claims
arising out of developer% failure to adequately perform under the provisions of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
_ day of > 1990. “CITY”
CITY OF CARLSBAD
A’I-IEST: “DEVELOPER”
ALETHA L. RAUTENKRANZ, City Clerk
City of Carlsbad
State of California
CLAUDE A. LEWIS, Mayor
City of Carlsbad
State of California
BY: .
. . Exhibit B
NOTICE OF ASSESSMENT
THE PROPERN WHICH BUYERS ARE PROPOSING TO PURCHASE IS SUBJECT TO A
SIGNIFICANT ASSESSMENT WHICH IS IN ADDITION TO THE REGULAR PROPERN TAXES
THIS ASSESSMEfVT WILL AFFECT THE AMOUNT WHICH BUYERS WILL BE REQUIRED TO
PAY IN THE PURCHASE OF BUYERS PROPERTY. YOU ARE URGED TO AEAO THIS
NOTICE VERY CAREFULLY IN ORDER TO UNDERSTAND THE ASSESSMENT AGAINST THE
PROPERTY.
The City of Carlsbad (‘City’) has formed a
special assessment district pursuant to the
prowsions of the ‘Municipal Improvement Act of
1913’ to finance the acquisition of construction
of certain public works of improvement which
will benefit the properties within the assessment
district. This assessment is known and
designated as ASSESSMENT DISTRICT NO. 8&
1 (ALGA ROAD) (the ‘Assessment District’).
The public improvements to be financed -
through the Assessment District include portions
of Alga Road and Poinsettia Lane, including
related grading and earth work, construction of
water, sewer, drainage and reclaimed water
facilities, curb, gutter, sidewalk, street paving, the installation of street lights and median
landscaping.
ASSESSMENT
The home or parcel which Buyers are proposing to purchase (the ‘Property’) is located within the
boundaries of the Assessment District. The City
has determined tM the Property will receive a
direct and speW benefit from the public works
of imprwamont to be financed through the
Assess- O&M., thefafofa, the City has
levied an assesmm agabst the Property in
the total amount ol S . me
assessment against the Property is secured by
a lien much like a home kan fa secured by a
deed of trust. If you complete the purchase of
the Property and assume the assessment
against the Property, you will be sotety
responsible for the payment of the assessment.
The assessment shall be collected in semi-
annual installments which will be included in tke
property tax bill for the Property. These
assessment installments will be collected for a
period of years.
FAILURE TO PAY
Should you fail to pay an assessment
installment when due, the City may be required
to initlate judicial foreclosure proceedings
against the Property in order to recover any
dellnqueM assessment installments and the
penafties which may be imposed for such a
delinquency. In the event that the City is able
to obtain a favorable court ruling In such
foreclosure proceedings, the Property would be
subject to foreclosure sale.
You, as Buyer, are not required to assume the
assessment against the Property. Seller is
required to prwide you with the option to erther
(a) assume the assessment obligation agatnst
the Property or (b) prepay the assessment prior
to the close of escrow for the sate of the
Property to you.
You will have the ability to exercise this option
through a ‘Property Buyer Special Assessment
Option Agreement (Supplement to Escrow
InstrucQon)’ (the’#Optlon Agreement’), a form of
which is attached to this Notice.
Should you have any questions regarding either
this Notice, or the Option Agreement. you may
z feel free to calf the Finance Director of the City
of Cansbad at the following telephone number:
(819) 434-2867.
-
--
. b
PLEASE INSURE THAT YOU HAVE THOROUGHLY READ AND UNDERSTAND BOTH Tp’:S
NOTICE AND THE OPTION AGREEMENT APPLICABLE TO THE PROPERN. THE CPTIC?;
THAT YOU CHOOSE WILL AFFECT THE PAYMENTS WHICH YOU WILL BE MAKING IN TME
PURCHASE OF THE PROPERN. I
RECEIPT AND ACKNOWLEDGMENT
By signing this Notice, Buyers acknowledge that:
1. The Property that Buyers are purchasing is located within the boundanes sf :he
Assessment District and is subject to a significant assessment against the Property.
2. Buyers have had an opportunity to read and review this Notice, and have received a coy
of this Notice prior to opening escrow for the purchase of the Property, or, if recnttied
after the opening of such escrow, with sufficient time for Buyers to make any reasonaoie
inquiries that Buyers deem necessary regarding the assessment against the Property
prior to the close of escrow.
3. If Buyers assume the assessment against the Property, they will be solely responsible
for the payment of such assessment and Seller shall have no liability for such payment.
further Buyers agree to the amount and purpose d the assessment on the Property and
that Buyers forever waive any right of complaint of protest to the City pertaining to the
nature, extent, duration and amount of the assessment against the Property.
DATE:
DATE:
-
-.- Exhibit C
TO PROPERTY BUYER: PLEASE READ THIS OPTION AGREEMENT CAREFQLLY AND BE SURE
YOU THOROUGf4LY UNDERSTAND THE OPTIONS BEINQ PROVIDED TO YOU BEFORE
SELECTINQ AN OPTION. THE OPTION YOU CHOOSE WILL AFFECT YOUR PAYMENTS ON THE
HOME YOU ARE PURCHASING.
I
PROPERTY BUYER ASSESSMENT OPTION AGREEMENT
jSUPPLEMENT TO ESCROW INSTRUCTIONS)
RE: ClrY OF CAALSBAD
ASSESSMENT DISTRICT NO. 88-l
(ALGA ROAD)
ESCROW COMPANY:
NAME OF BUYER:
ESCROW NUMBER:
ESCROW OFFICER:
The escrow instructions relating to the sale and purchase of the following described property are
supplemented by the following as set forth herein.
1. PROPERTY: Buyers are purchasing a cenain piece of property (the ‘Property’) wlthin the City
of Carlsbad, California, generally described as follows:
2. SPECIAL ASSESSMENT DISTRICT: The Clty of Carlsbed (Qty’) has formed a specral
assessmen district pursuant to the provisfone of thu ‘Municipal Improvement Act of 1913’, to
finance certain of the m#br infrastructure improvements to serve benefiied properties, including
the Property whfch is subject to this escrow. This assessment district is known and desgnated
as ASSESSMENT OISTRICT NO. 88-1 (ALGA ROAD).
3. City and sdkr have entered into an agreement which provides that Buyers shall have the optron
to either (a) assume the special assessment obligatlorr upon the close of this escrow or (b)
discharge the special assessment obligation prior to the close of this escrow.
Total amount of the assessment on the Property is S . If Buyer agrees to assume
the assessment against the Property, Buyer will be required to pey semi-annual assessment
instailments for a period of - yean. These ass- lnstallments will be incorporated into
the property tax bifl for tf?e property. Attached to this Agreement as Exhibit ‘A’ is a schedule
of the semi-annual assessment installrnentr which Buyer would be required to pay if Buyer
chooses to assume the assessment obligatiotx
IT IS IMPORTANT TO NOTE THAT IF THE BUYER FAILS TO PAY AN ASSESSMENT
INSTALLMENT WHEN OUE, THE GIN MAY BE REQUIRE0 TO INITIATE JUDICIAL
FORECLOSURE PROCEEDINGS AGAINST THE BUYER TO RECOVER ANY DELINOUENT
ASSESSMENT INSTALLMENT AN0 ANY PENALTIES ON THE DELINOUENT INSTALLMENT
ClN WILL BE REQUIRE0 TO INITIATE SUCH FORECLOSURE PROCEEDINGS NO LATER
THAN THE NOVEMBER 1ST FOLLOWING THE DATE OF THE DELINQUENCY.
If kyef does not desire to assume the assessment obligation, it must be extinguIshed prior to
the close of this escrow. The obligation may be extinguished by the deposit of s
into this escrow or by increasing the mortgage by such amount and directing the escrow cti:clr
to pay such amount to the City to extinguish obligation at of prior to the time of the ckse 31
this escrow, Your bank may allow an increase in your loan, but this is your responsibd~ty !O
determine.
4. Buyer hereby exercises the following option:
OPTION 1: Buyer wishes to assume the special assessment obligation applicable to the
Property and pay the assessment instaflments semi-annually as they appear
on the property tax bill for the Property. To select and exercise Option No.
1. Buyer must sign on the space provided befowz
DATE:
DATE:
DATE:
OPTION 2: Buyer wfshes to have the special assessment obligation for the Property
discharged and paid off hr full now. Buyer will deposit additiorral cash into the
escrow to enable the assessment obligatfon to be discharged, or will arrange
with the lender for any required increase in the loan. To select and exerctse
Optlon No. 2 Buyer must sign on the space provided below:
OATE:
DATE:
DATE:
.
. ---
i I* l
. 5. Buyer acknowledges that if Buyer chooses to assume the assessment obligation for the Frocery
that the City of Car&bad shall consider that Buyer fuify Understands the nature and extent g
Buyer’s obligations to make the paymen of the assessment installments. Buyer agrees 10 :Y~J
amount and purpose of the assessment on the Property and Buyer forever waives any rlgnt zt
complaint of protest to the City penaining to the natUr8, extent. duration and amount of ?F‘P
assessment against the Property.
6. Escrow Officer is hereby directed to delivet an executed copy of this Option Agreement :o !re
Finance Depanment of the City of Car&bad for execution prior to the close of this escrow
DATED: BUYER
BUYER
DATED: SELLER
DATED: ESCROW OFFICER
CITY ACKNOWLEDGMENT
RECEIVED AN0 ACKNOWLEDGED THIS
DAY OF , 1990
.
FINANCE DIRECTOR, CITY OF CARLSM
EXHI0IT "0'
SHEET 2 Of 4 SHEETS
PO6
PARCEL f/ii
PORTION OF THE s i/2, sw1/4 I sw1/4 OF SECTION 26
PARCEL I%*+
SEE PARCEL
2
~.--.~PARCEL IE
,:::PARCEL 1 D
NO.
Twe
/PARCEL 1H
i-w..... /‘ARCEL #f
4
2 2tg&fx%* sol to- n,: ,rr*, mu
52-90 ,
DALE A. DAVIS L .s..5894 L ICENSE EXPIRES 1 Z/31/92
PROJECT NAME: PROJECT NO EXHIBIT
MURPHY EASEMENT PL A T PR2.3.37 I
‘1
EXHIBI J I’% ‘I
SHEET 2 OF 4 SHEETS
TPOB
TFO6 IA
PORTION OF THE s l/2, SW l/4, SW l/4 OF SECTION 26
860.02’ -
‘.‘49’- - 7
P. 0. c. PARCEL dA PARCEL 10 PARCEL 1.E PARCEL if
63
SCALE: I #--IL
El IAWCA TES SLOPE AND DRAINAI EA,!Z’fENT.
IhDICX ES TEWORAR Y CONSTRUCTIt USEEIIENT.
l-3
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2
it
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2:
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: ‘S
$2 I ,rn
: “J;
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ho+ 1 LLC; ;03
> t-
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SEE SHEET 3
PROJECT NAME: PROJECT NO. EXHIBIT
MURPHY EASEMENT PLA7 HZ.337
_.....,. -.- _..._._.._. ._ _. _. .____.___
EXH.l-01 J “0 ”
SEE SHEET 2 SHEET 3 OF 4 SHEETS
SC-ME: I “=40’ - L
PORTION OF THE s l/2. SW l/4, SW l/4 OF SECTION 26
LOT 1 SECTION 35. T125. R4W
Sh3M ’
N89°29'41"W < 1 nn*
H
:
2 a
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II-I: mv
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SEE SHEET 4
PROJECT NAME: PROJECT NO. EXHIBIT
MURPHY EASEMENT PL A T PR2.3.3 7
SHEET 4 OF 4 SHEETS P.0.C
a -L -.-.-------;+---- _____--- ‘-t , ’ .‘G
TPOB
N60e(g?~~yi;;o
SCALE: 1.~40 ’
N89029 ‘41 “j+,
LUI 1
SECTJON 35 I-123, R 4 W , SBB M
___-_---
\ %.. ,------ -___---- _--- --+-- :\ *.. CL &$~Sr~N~. 60 ’ ~,/JDF $P?EET- Ai’D- RIGHT EASEMENT RANCH0 LA COSTA DEED RECORDED 4/22/76 AS FILE/f NO. 76-i20811 OF
---- 72 PER
‘2%. imi
n ff88*48 ‘1O”W 1317.69 ’
PROJECT NAME: JPROJECT NO] EXHIBIT
%1upPHY EASEMENT PLA T FR2.3.3 7 ..- . . . . I. r- . ., . . . ,I.IT,, .
I t
ENGINEERS G PLANNERS
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 88-1
ALGA ROAD
FINAL
ENGINEER'S REPORT
July 3, 1990
NBS/Lowry Project No. A68-015.027
Prepared by :
NBS /Lowry Incorporated Engineers & Planners
San Diego, California
TABLE OF CONTENTS
ENGINEER'S REPORT
PAGE - PART
I PLANS AND SPECIFICATIONS ............ 1-1
I1 COST ESTIMATE ................... 11-1
I11 ASSESSMENT ROLL ................. 111-1
IV ASSESSMENT DIAGRAM ............... IV-1
V DESCRIPTION OF WORK AND RIGHTS-OF-WAY
TO BE ACQUIRED .................. V-1
VI PROPOSED MAXIMUM ANNUAL ASSESSMENT
FOR ADMINISTRATION AND COLLECTION OF
ASSESSMENTS ................... .VI-1
i
AGENCY: CITY OF CARLSBAD
PROJECT : ASSESSMENT DISTRICT NO. 88-1
ALGA ROAD
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 ltSpedal Assessment Investi- gation, Limitation and Majority Protest Act of 1931", being Division 4 of the Streets and Highways Code of the State of California, and the "Munic- ipal Improvement Act of 1913," being Division 12 of said Code, and in accordance with the Resolution of Intention, being Resolution No. 90-172, adopted by the CITY COUNCIL of the CITY OF CARLSBAD, STATE OF CALIFORNIA, in connection with the proceedings for
ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD)
(hereinafter referred to as the tlAsaessment District"), I, GALEN N. PETERSON, authorized representative of NBS/LOWRY INCORPORATED the duly appointed ENGINEER OF WORK, submit herewith the "Report1' for the Assessment District, consisting of six (6) parts as follows:
PART I
Plans and specifications for the proposed improvements are filed herewith and made a part hereof. Said plans and specifications are on file in the Office of the City Clerk.
PART I1
The cost of the work to be acquired and an estimate of the cost of the proposed improvements, including incidental costs and expenses in connec- tion therewith, are as set forth on the lists thereof, attached hereto, and are on file in the Office of the City Clerk.
PART I11
This Part shall consist of the following information:
A. A proposed assessment of the total amount of the costs and expenses of the work to be acquired and the proposed improvements upon the several subdivisions of land within the Assessment District, in proportion to the estimated benefits to be received by such subdivis- ions, from said improvements, is set forth upon the assessment roll filed herewith and made a part hereof.
Page 1 of 3
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 investigation 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
I
_-
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 Inten- tion, is filed herewith and made a part hereof, and part of the assess- ment.
PART V
Description of the work to be acquired and for the proposed improve- ments and descriptions 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 25th day of May, 1990.
NBS/LOWRY INCORPORATED
CITY OF CARLSBAD STATE OF CALIFORNIA
Page 2 of 3
PRELIMINARY APPROVAL BY THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ON THE 5TH DAY OF JUNE, 1990.
/s/ ALETHA L. RAUTENKRANZ CITY CLERK CITY OF CARLSBAD
STATE OF CALIFORNIA
FINAL APPROVAL BY CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ON THE ~~~ADAY OF J-~, , 1990.
CITY CLERK /
CITY OF CARLSBAD STATE OF CALIFORNIA
Page 3 of 3
--
ENGINEER'S REPORT PART I
CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 88-1
(ALGA ROAD)
PLANS AND SPECIFICATIONS
The following plans and specifications for this Assessment District are referenced herein and incorporated as if attached and a part of this Report.
1. Drawing No. 286-9B and titled "Plans for the Improvement of Alga Road and Poinsettia Lane", Carlsbad , California, Engineers Stations
60+38+ to 160+80+ and 101+24+ to 120+97+ consisting of 44 sheets by Crosby, Mead, Benton and Associates and signed on August 30,
1989, and the associated contract documents and specifications.
2. Drawing No. 286-90 and titled llPlans for the Improvement of Assessment District No. 88-1, Alga Road and Poinsettia Lane", Carlsbad, California, consisting of 52 sheets by P & D Technologies, Inc. and signed by the City Engineer on April 10, 1990 and the associated contract documents and specifications, Contract Number 3305.
PART I - 1
ENGINEER'S REPORT
PART I1
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 88-1
(ALGA ROAD)
COST ESTIMATE SUMARY
IMPROVEMENTS
ACWISITIOW PHASE
(SEE EXHIBIT "Ail@)
PUBLIC UORKS OF
CONSTRUCT I W
(SEE EXHIBIT *Ba)
FUTURE TRAFFIC SIGNALS
(SEE EXHIBIT lilCH)
I I
I I
I
57,641,711 I %,241,294.41
3,641,750 I 2,071,186.00
775,000 I 805,oO0.00 ------------I---------------
12,056,461 I 9,117,480.41
I I
2,862,834 I I
01 I I I
I I
0.00
0.00
1,855,576 I 1,208,406.31
963,463 I 647,275.00
2,819,039 I 1,855,661.31
------------I---------------
I I (109,25311 I
01 I
0.00
0.00
1.
11.
111.
IV.
V.
VI.
VII.
$1,291.764.44 57,533,058.85
427,586.00 2,498, m . 00
TOTAL IMPROVEMENTS
LAND AND RIGHTS-OF-UAY
(SEE EXHIBIT I'D") 2,865,071.51
0.00
2,065,071.51
0.00 PAYMENTS
INCIDENTAL EXPENSES
ACWISITIW PHASE
(SEE EXHIBIT "E")
PUBLIC VORKS OF
WNST RUCT I OW
(SEE EXHIBIT "F")
188,522.78 1,396,929.09
TOTAL INCIDENTAL EXPENSES
LESS INTEREST EARNED OH
CWSTRUCTIW 0.00 0.00
0.00 0.00 LESS CASH WNTRIBUTIWS
SUBTOTAL
FINANCING COSTS
BOW0 DISCOUNT (3%)
Bow0 RESERVE FUWO (10%)
CAPITALIZED INTEREST (10%)
191,403.30
636,011.00
636,011 .00
1,467,425.30
--------------
618,929.08
2,063,096.94
2,063,096.%
--l---------.--
4,745,122.96 TOTAL FINANCING COSTS
TOTAL ASSESSMENT AmWtlT $16,361,908 $6,515,601 522,897,509 itl4,250,859.38 %,380,110.03 520,630,969.41
PART 11-1
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_--
PRELIMINARY ENGINEER'S REPORT
EXHIBIT W1 TO PART 11
CITY OF CARLSBAD
ASSESSllENT DISTRICT NO. 88-1
(ALGA ROAD)
PUBLIC WRKS OF CONSTRUCTION COST ESTIMATE
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
21
29
IIOBILIUTIOW, mM IN, FIELD
OFFICE & TEW UTILITIES
DEIIOBILIUTION, mM OUT &
FINAL CLEAN UP
CLASS II BASE
ASPHALT COWCRETE PAVEMENT
ASPHALT CWCRETE BERM
CURB & GUTTER TYPE "GY
CURB L GUTTER TYPE '0S-2H
TYPE I1B-l" CURB
CONCRETE SIDEUALK
UHEELCHAIR RAMP
SURVEY MWUMENTS
STREET LIGHTS (E-1)
PAVING, STRIPING & MRKINGS
TRAFFIC SIGNAGE
NOT USED
WARD RAIL
TRAFFIC CONTROL
ASPHALT SIDEWALK (2-INCH)
UNCLASSIFIED EXCAVATION
UNCLASSIFIED FILL
ON SITE BORRW
SUBGRADE PREPARATION
LOCAL DEPRESSIOHS (14)
ADJUST MANHOLES TO GRADE
(STA 10196 TO STA 130+57)
ADJUST HANWlES TO GRADE
(STA 130+57 TO STA 159-02)
ADJUST VALVE BOXES, "WENTS
& BLW OFFS TO GRADE
(STA 10198 TO STA 130+57)
ADJUST VALVE BOXES, IIQ*WENTS
& BLW OFFS TO GRADE
(STA 130+57 TO STA 15942)
(4-INCH) MEANDERING
TRAFFIC SIGNAL a AMBROSIA
NOT USED
TOTAL ALGA RaAD IMPROVEMENTS
POINSETTIA LANE IIPROVEWNTS
30 CLASS I1 BASE
31 ASPHALT CONCRETE PAVEMENT
32 ASPHALT CONCRETE BERM
33 CURS & GUTTER TYPE "C.
LS
LS
TN
TN
LF
LF
LF
LF
SF
EA
EA
EA
LS
LS
LF
LS
LE
TN
CY
CY
CY
SF
LS
EA
EA
EA
EA
TI
TN
LF
LF
WANT I TY ----.---
1
1
=*OOo
15,500
1,040
12,no
48344 8,206
76,270
2
22
1
1
1
1,189
1
1
58
950
1,500
550
607,000
1
26
3
81
31
6,100
3,500
930
3,235
UNIT PRICE -----------
20,000.00
5,000.00
16.00
34.00
4.50
9.00
9.00
8.00
2.50
450. 00
300.00
88,OOO.OO
20,OOO.OO
8,OOO.00
30.00
5,Oo0.00
55,000.00
33.00
3.00
2.00
3.00
0.01
4,500.00
250.00
225.00
50.00
40.00
16.00
34.00
4.50
9.00
TOTAL COST ------------
t20,000
5,000
608,000
527,000
4,680
114,570
39,114
65,648
190,675
900
6,600
88,000
20,000
8,000
35 , 670
5,000
55,000
1 ,914
2,850
3,000
1,650
6,070
4,500
6,500
675
4 , 050
1 , 240
------------
S1,826,306
s97,600
119,000
4, 185
29,115
PART 11-8.1
_.-
I ITEM
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
------
PRELIMINARY ENGINEER'S REPORT
EXHIBIT "B" TO PART 11
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 88-1
(ALGA ROAD)
WBLIC UORKS OF CWSTRUCTIW COST ESTIMATE
DESCRIPTIOW ------------_____..____________
TYPE "6-1" CURB
CWCRETE SIDEUALK (4-INCH)
CONCRETE DRIVEUAY
BARRICADE TYPE M-9.1
SURVEY II[MKCIENTS
STREET LIGHTS (7)
PAVING STRIPING L MARKINGS
TRAFFIC SIGNAGE
TRAFFIC CCUTROL
UNCLASSIFIED EXCAVATIW
UNCLASSIFIED FILL
OW SITE BORROU
SJBGRAOE PREPARATIW
LOCAL DEPRESSIOIlS (4)
ADJUST MANHOLES TO GRADE
ADJUST VALVE BOXES, IKMKMENTS,
BLOU OFFS TO GRADE
NOT USED
TOTAL POINSETTIA LAME IWPRovaWNTS
ALGA RCIK) MEDIAN LANDSCAPING
51 PERMANENT IRRIGATIOW, INCLWES
UATER METER L INSTALLATIOW
52 36-INCH @OX LIWID BM
STYRICIFLUA "PALO ALTO"
53 36-INCH @OX PIHW WARIENSIS
54 5-GAL ACAPAllTHUS AFRICANUS
"PETER PAN"
55 S-GAL PITTOSWRUI TooIRn
"WHEELERS DWRF"
56 5-GAL RWIOLEPIS INDICA
"SPRINGTIME"
57 FLAT SIZE PELAGollIlM
PELTAUTW 12-INCH O.C.
58 RAlool STWE (LoI(wII FIELD)
STAMPED CONCRETE YITH
EXPOSED AGGREGATE FINISH
59 NOT USED
60 SOIL AMENDMENT & FERTILIZER
61 90-DAY LANDSCAPE MAINTENANCE
62 NOTUSED
63 PRE-EMERGENCE HERBICIDE
& SED COWTACT SPRAY
TOTAL ALGA ROAD MDIAII LMDSCAPING
UNIT
LF
SF
SF
LF
EA
LS
LS
LS
LS
CY
CY
CY
SF
LS
EA
EA
----
LS
EA
EA
EA
EA
EA
SF
SF
SF no
SF
SF
WANT I TY --------
3,548
17,015
780
210
2
1
1
1
1
200
600
400
113,000
1
3
17
1
58
161
1,775
7,215
2,505
1 ,a
53,340
46,350
3
46,350
46,350
UNIT PRICE
9.00
2.10
2.10
30.00
300.00
14,000.00
8,000.00
2,000.00
1,000.00
3.00
2.00
3.00
0.01
1.200.00
250.00
50.00
-----------
172,000.00
775.00
775.00
15.00
15.00
15.00
0.35
4.6
0.31
2,800.00
0.02
0.02
TOTAL COST
31,932
35,732
1,638 6,300
600
14,000
8,000
2,000 1,000
600
1,200
1,200
1,130
1,200
IS0
850
------------
------------
U56,032
tl72,000
44,950
124,775
26,625
108,225
37,575
490
258,699
14,369
8,400
927
927
tm,862
------------
PART 11-6.2
PRELIMINARY ENGINEER'S REPORT
EXHIBIT "B* TO PART I1
- CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 88-1
(ALGA ROAD)
WBLIC UORKS OF CONSTRUCTIW COST ESTIMATE
I TEM DESCRIPTIW ------ __--_-_-_--------___----..-----
POINSETTIA LANE WEDIAN LANDSCAPING
65 PERMANENT IRRIGATIW, INCLUDES
66 36-INCH BOX MAGNOLIA
67 1-GAL RHAPIOLEPIS INDICA
68 1-GAL RHAPIOLEPIS INDICA
69 FLAGSTONE STAMPED CONCRETE
70 NOT USED
71 SOIL MENDMEYT 6 FERTILIZER
72 90-DAY LANDSCAPE MAINTENANCE
73 PRE-EMERGENCE HERBICIDE
74 NEED COWTACT SPRAY
UATER METER 6 INSTALLATIW
GRADIFLORA "MAJESTIC BEAUTY"
%PRINGTIME"
"CLARA"
YITH ADOBE TAN COLOR
UNIT -..- WANT I TY .------- UNIT PRICE
---------*-
24,100.00 824,100 LS 1
EA 22 m.00 17,050
EA 825 15.00 12,375
EA a2s 15.00 12,375
SF 26,280 4.30 113,004
0.31
575.00
0.02
0.02
SF
m,
SF
SF
TOTAL POINSETTIA LANE MEDIAN LANDSCAPING
PART 11-11.3
ALGA ROAD:
IMPROVEMENTS
MEDIAN LANDSCAPING
SUBTOTAL
CONTINGENCY (15%)
ENGINEER'S REWRT
EXHIBIT "6" TO PART I1 PRELIMINARY CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 88-1
(ALGA ROAD)
SUWARY
TOTAL ALGA ROAD IMPROVEMENTS AN0 MEDIAN LANDSCAPING
POINSETTIA LANE:
IMPROVEMENTS
MEDIAN LANDSCAPING
SUBTOTAL
COW I NGENCY ( 15%)
TOTAL POINSETTIA LANE IMPROVEMENTS HEDIAN LANDSCAPING
TOTAL PUBLIC UORKS OF CONSTRUCTIOll
113113111111
S3,641,7SO
ENGINEER'S REPORT PRELIMINARY EXHIBIT "C" TO PART I1
CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD)
FUTURE TRAFFIC SIGNALS
LOCATION ESTIMATED COST
POINSETTIA LANE (1/2 OF TOTAL COST)
NIGHTSHADE ROAD
$100,000
50,000
ELANUS DRIVE 100,000
CATTAIL LANE 100,000
BLACK RAIL ROAD 100,000
BLUE HERON WAY 100,000
FINCH LANE 50,000
BATIQUITOS DRIVE 100,000
-----oooo--
SUBTOTAL $700,000
CONTINGENCY 75,000
000000~~~~~
TOTAL FUTURE TRAFFIC SIGNALS $775,000
05/2 5/90 PART 11-c.1
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DESCRIPTION
PRELIMINARY ENGINEER'S REPORT EXHIBIT lrF" TO PART I1
CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD)
INCIDENTAL EXPENSES
POINSETTIA ALGA ROAD LANE TOTAL
DESIGN ENGINEERING ASSESSMENT ENGINEERING R-O-W ACQ CLOSING COSTS SOILS ENGINEERING CONSTRUCTION STAKING PERMIT, PLAN CHECK AND INSPECTION FEES PLAN PRINTING BOND REGISTRY, PAYING AGENT AND TRUSTEE BOND COUNSEL FINANCIAL CONSULTANT COST OF ISSUANCE CITY ADMINISTRATION FEE BOND PRINTING PUBLICATION COSTS
SUBTOTAL
CONTINGENCY (15%)
TOTAL INCIDENTAL EXPENSES
$87 , 259 41,184 0 42 , 900 87 , 259
169 , 053 30,030
8 , 580 85,800 8 , 580 42 , 900 85,800 2,574 2 , 574
$694 , 493
104 , 174
-----------
$14 , 442 6,816 28 , 361 7 , 100 14 , 441
27 , 979 4 , 970
1,420 14 , 200 1,420 7 , 100 14 , 200 426 426
$143,301
21,495
----------
$164 , 796
$101,701 48 , 000 28,361 50,000 101,700
197 , 032 35,000
10 , 000 100 ,000 10 , 000
100 ,000 50 , 000
3,000 3 , 000
$837,794
-----------
125,669
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ENGINEER'S REPORT
EXHIBIT 'IB" TO PART I1
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 88-1
(ALGA ROAD)
PUBLIC aKS OF CONSTRUCTION COST ESTIMATE
ITEM DESCRIPTION ------ ...............................
ALGA ROAO IWROVEMENTS
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
29
mJBILIUTION, HOVE IN, FIELD
OFFICE & TEMP UTILITIES
DE~ILIUTION, HOVE OUT S
FINAL CLEAN UP
CLASS I1 BASE
ASPHALT CONCRETE PAVEMENT
ASPHALT COWCRETE BERM
CURS & GUTTER TYPE '%*
CURB S GUTTER TYPE "6-2"
TYPE "B-lr CURB
CONCRETE SIDEUALK
WEELCHAIR RAMP
SURVEY IW))(UIENTS
STREET LIGHTS (E-1)
PAVING, STRIPING & MARKINGS
TRAFFIC SIGNAGE
NOT USED
WAR0 RAIL
TRAFFIC COWTROL
ASPHALT SIDEWALK (2-IICH)
UNCLASSIFIED EXCAVATION
UNCLASSIFIED FILL
ON SITE BORRW
SUBGRADE PREPARATION
LOCAL DEPRESSIONS (14)
ADJUST WHOLES TO GRADE
(STA 101+98 TO STA 13047)
ADJUST WHOLES TO GRADE
(STA 1-57 TO ETA 159-02)
ADJUST VALVE Bo#ES, mNTS
& BLOY OFFS TO GRADE
(STA 101- TO STA 13067)
ADJUST VALVE BOXES, mmulEITS
& BLW OFFS TO GRADE
(STA 1-51 TO STA 15p92)
(4-INCH) MEANDERING
TRAFFIC SIGNAL a AMBROSIA
NOT USED
TOTAL ALGA ROAO IMPROVEMENTS
POINSETTIA LANE IWROVEMNTS
30 CLAS I1 BASE
31 ASPHALT CONCRETE PAVEMENT
32 ASPHALT CONCRETE BERM
33 CURB L GUTTER TYPE *C*
UNIT ____
LS
LS
TW
TN
LF
LF
LF
LF
SF
EA
EA
EA
LS
LS
LF
LS
LS
TI
CY
CY
CY
SF
LS
EA
EA
EA
EA
WANT I TY --------
1
1
3&oO0 15,500
1,040
12,730
4,346 8,206
76,270
2
22
1
1
1
1,189
1
1
58
950
1,500
550
607,000
1
26
3
81
31
TI 6,100
TI 3,500
LF 930
LF 3,235
UNIT PRICE ----------.
33 , 000.00
12,000.00
8.50
23.50
3.00
5.40
5.40
4.70
1.40
180.00
300.00
36,000.00
12, 000. 00
3,000.00
18.00
2,000.00
26,000.00
50.00
30.00
20.00
8.00
0.03
5,300.00
200.00
150.00
70.00
65.00
8.50
23.50
3.00
TOTAL COST ------------
833,000
12,000
323,000
364,250
3,120
68,742
23,468
38,5611
106,m
360
68600
368000
12,000
3,000
21,402
26,000
2,900
28 , 500
30,000
4,400
16,210
5,300
5,200
450
28000
5,670
2,015
I-----------
81,1a2,933
851,850
82,250
2,790 5.40 17,469
PART 11-6.1
ENGINEERIS REPORT
EXHIBIT "B* TO PAAT I1
CITY OF CARLSBAD
ASSESSMENT OISTRICT NO. 88-1
(ALGA ROAD)
PUBLIC WRKS OF COWSTRUCTION COST ESTIMATE
ITEM DESCRIPTION -____.________--_______________
34 TYPE IlB-1" CURB
35 CONCRETE SIOEUALK (4-INCH)
36 CONCRETE DRIVEUAY
37 BARRICADE TYPE M-9.1
38 SURVEY lKmUMENTS
39 STREET LIGHTS (7)
40 PAVING STRIPING 6 MARKINGS
41 TRAFFIC SIGNAGE
42 TRAFFIC CONTROL
43 UNCLASSIFIED EXCAVATIOW
44 UNCLASSIFIED FILL
45 ON SITE BORROW
46 SUBGRADE PREPARATION
47 LOCAL OEPRESSIOWS (4)
48 ADJUST MANHOLES TO GRADE
49 ADJUST VALVE BOXES, mmuwENTS,
SO NOT USE0
BLOW OFFS TO GRADE
TOTAL POINSETTIA LANE IUPROVElENTS
ALGA ROAD MEDIAN LAMDSCAPING
51 PERMANENT IRRIGATIOH, INCLWES
WATER METER & INSTALLATIOll
52 %-INCH BOX LIWID BAR
STYRICIFLUA *PALO ALTO*
53 36-INCH BOX PINUS CANMIENSIS
54 5-GAL AGAPANTHUS AFRICANUS
"PETER PAN"
55 s-GAL PlTToswRul TrnIRA
WHEELERS DUMF"
56 5-GAL RWIOLEPIS INDICA
*SPR I WGT I ME.
57 FLAT SIZE PEuGolilUl
PELTAUlW 12-INCH O.C.
58 MM)(II STOWL (LO" FIELD)
ST- CONCRETE YITH
EXPOSED AGGREGATE FINISH
60 SOIL AmNDWEWT & FERTILIZER
61 90-DAY LANDSCAPE MAINTENANCE
63 PRE-EMERGENCE HERBICIDE
64 UEED CONTACT SPRAY
59 mi USED
62 miusED
TOTAL ALGA RMD MEDIAN LAHDEUPING
UNIT
LF
SF
SF
LF
EA
LS
LS
LS
LS
CY
CY
CY
SF
LS
EA
EA
----
LS
EA
EA
Ea
EA
EA
SC
SF
SF m
SF
SF
WANT I TY - - - - - - - -
3,548
17,015
780
210
2
1
1
1
1
200
600
400
113,000
1
3
17
1
58
161
1,775
7,215
2,505
7,400
53,340
46,350
3
46,350
46,350
UNIT PRICE
4.70
1.40
2.50
25.00
400.00
6,000.00
2,500.00
1,500.00
360.00
30.00
20.00
8.00
0.03
1,500.00
200.00
80.00
----------.
120, 000. 00
600.00
600.00
18.00
16.00
18.00
0.35
2.60
0.20
1,000.00
0.15
0.03
TOTAL COST
16,676
23,821
1,950
5,250
800
6,000
2,500
1,500
360
6,OOO 12,000
3,200
3,390
1,500
600
1,360
------------
-----------I
S241 , 266
s120,000
W.800
96,600
31,950
129,870
45,090
490
138,684
9,270
3,000
6,953
1,391
8618,098
------------
PART 11-6.2
.-
ENGINEER'S REPORT
EXHIBIT 'lB" TO PART 11
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 88-1
(ALGA ROAD)
PUBLIC UORKS OF CONSTRUCTION COST ESTIMATE
ITEM DESCRIPTION ___________---____._____I______
POINSETTIA LANE MEDIAN LANDSCAPING
65 PERMANENT IRRIGATION, INCLUIES
66 %-INCH BOX MAGNOLIA
67 5-GAL RHAPIOLEPIS INDICA
68 5-GAL RHAPIOLEPIS INDICA
69 FLAGSTONE STAMPED CONCRETE
70 NOT USED
71 SOIL AMNDMENT L FERTILIZER
72 90-DAY LANDSCAPE MAINTENANCE
73 PRE-EMERGENCE HERBICIDE
74 NEED CONTACT SPRAY
NATER METER 6 INSTALLATION
GRADIFLORA 94AJESTIC BEAUTY"
"SPRI NGT IME"
"CLARA"
NlTH ADOBE TAN COLOR
UNIT ----
LS
EA
EA
EA
SF
SF
m,
SF
SF
TOTAL POINSETTIA LANE MEDIAN LANDSCAPING
15,000.00 $15 , 000
600.00 13,200
18.00 14,850
18.00 14,850
2.60 68,328
0.02 132
1,000.00 3,000 0.15 990
0.03 198
t130.548
----------I-
PART 11-0.3
ENGINEER'S REPORT
EXHIBIT "B" TO PART I1
CITY OF CARLSBAD
ASSESWENT DISTRICT NO. 88-1
(ALGA ROAD)
ALGA ROAD:
IMPROVEMENTS
MEDIAN LANDSCAPING
SUBTOTAL
CONTINGENCY (15%)
TOTAL ALGA ROAD IMPROVEMENTS AND MEDIAN LANDSCAPING
POINSETTIA LANE:
IMPROVEMENTS
MEDIAN LANDSCAPING
SUBTOTAL
CON1 I NGENCY 15%)
TOTAL POINSETTIA LANE IMPROVEMENTS AND MEDIAN LANDSCAPING
TOTAL PUULIC WRKS OF CONSTRLJCTIW
PART 11-9.4
270,155
52,071 , 186
------------
ENGINEER'S REPORT EXHIBIT "C" TO PART I1
CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD)
FUTURE TRAFFIC SIGNALS
LOCATION
INTERSECTION OF AIGA ROAD AND:
...............................
POINSETTIA LANE (1/2 OF TOTAL COST)
NIGHTSHADE ROAD
ELANUS DRIVE
CATTAIL LANE
BLACK RAIL ROAD
BLUE HERON WAY
FINCH LANE
BATIQUITOS DRIVE
SUBTOTAL
CONTINGENCY (15%)
TOTAL FUTURE TRAFFIC SIGNALS
PART 11-C.1
$100,000
50,000
100,000
100,000
100,000
100,000
50,000
100,000
$700,000
105,000
$805,000
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0
0
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ENGINEER'S REPORT EXHIBIT "F" TO PART I1
CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD)
INCIDENTAL EXPENSES
POINSETTIA DESCRIPTION ALGA ROAD LANE
DESIGN ENGINEERING ASSESSMENT ENGINEERING R-0-W ACQ CLOSING COSTS SOILS ENGINEERING CONSTRUCTION STAKING PERMIT, PLAN CHECK AND INSPECTION FEES PLAN PRINTING BOND REGISTRY, PAYING AGENT AND TRUSTEE BOND COUNSEL FINANCIAL CONSULTANT COST OF ISSUANCE
SUBTOTAL
$85,800 34,320
0 42,900 85,800
128,700 858
8,580 85,800 4,290 85,800
$562,848
------------
CONTINGENCY (15%) - 84,427
11-F. 1
$14,200 5,680 28,361 7,100 14,200
21,300 142
1,420 14,200 710 14,200
$121,513
-----------
18,227
TOTAL
$100,000 40,000 28,361 50,000 100,000
150,000 1,000
10,000 100,000 5,000 100,000
$684,361
------------
102,654
~~
$139,740 $787,015
ENGINEER'S REPORT PART I11
--
CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD)
ASSESSMENT ROLL
WHEREAS, on June 5, 1990, 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. 90-172, for the acquisition and construction
of certain public improvements, together with appurtenances and appur- tenant work in connection therewith, in a special assessment district known and designated as:
ASSESSMENT DISTRICT NO. 88-1
(ALGA ROAD)
(hereinafter referred to as the "Assessment District") ; and,
WHEREAS, said Resolution of Intention, as required by law, did direct the appointed Engineer of Work 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 subdivi- sions 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 representative 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 Inten- tion, have assessed the costs and expenses of the works of improve- ment to be performed in the Assessment District upon the parcels of land in the Assessment District benefited thereby in direct propor-
PART I11 - 1
tion and relation to the estimated benefits to be received by each of said parcels. For particulars as to the identification of said par- cels, 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 with 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 maximum of NINETEEN (19) 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 following 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 Improvements : $12,058,461 $10,836.830
Estimated Incidentals, Right of Way, Payments, and Financing Costs: $10,948,300 $ 9,794,139
Estimated Total Project Costs : $23,006,761 $20,630,969
Interest Earned During Construction : $ 109,252 $ 0
Estimated Cash Contributions : $ 0 $ 0
Balance to Assessment: $22,897,509 $20,630,969
PART I11 - 2
For particulars as to the individual assessments and their descrip- tions, reference is made to the Exhibit "Arf Part 111, attached
hereto.
6. The Method of Spread of Assessment is as set forth in Exhibit "Brf
to Part 111, which is attached hereto, referenced and so incorp-
orated.
DATED: May 25, 1990
NBS/LOWRY INCORPORATED Ax= ENGINEER OF ORK / CITY OF CARLSBAD
STATE OF CALIFORNIA
PART I11 - 3
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 3rd day
of July, 1990.
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 Tu y ,
1990.
CITY CL ERK
CITY OF CARLSBAD
I, LLOYD HUBBS, as CITY ENGINEER of the CITY OF CARLSBAD,
CALIFORNIA, do hereby certify that the foregoing Assessment, together
hed thereto, was recorded in my office on the
/
PART I11 - 4
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ENGINEER'S REPORT EXHIBIT "B" TO PART I11
---
CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD)
METHOD AND FORMULA OF ASSESSMENT SPREAD
The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the 17Municipal 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 proceed- ings, 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 im- provements within the arterial street right-of-ways to be financed and to include, sewers, water lines, drainage and public utilities.
The arterial streets to be constructed and financed by this assessment district are a portion of Alga Road and Poinsettia Lane. These streets permit only limited access to adjoining property and, in general, point access is limited at intervals of 600 feet and 1200 feet respectively.
Benefits and Assessment Criteria
Poinsettia Lane and Alga Road will be improved to provide four lanes of travel over portions of the Circulation System of the City of Carlsbad. Poinsettia Lane exists from Carlsbad Boulevard easterly to Interstate 5, and continues easterly to a dead-end approximately 500 feet easterly of Snapdragon Drive. Alga Road exists from Melrose Avenue westerly to El Camino Real and continues westerly to a dead-end approximately 900 feet westerly of Mimosa Drive.
Part I11 - Exhibit B - 1
This Assessment District proposes to link these two dead-ends, providing an additional route between Interstate 5 and El Camino Real. This link would directly benefit the properties adjacent to Alga Road and Poinsettia
Lane by providing access to their lands.
Each parcel within the district boundary was assigned the number of equivalent dwelling units that could be developed on the parcel based on either approved final maps, tentative maps, specific plan, local facilities management plan, or general land use plan maps. The number of units for properties within Local Facilities Management Plan Zone 20, were determined by multiplying the adjusted density control point for each land use by the net usable residential acreage. The density control point was adjusted by the proportion of planned units for the Aviara project, according to the specific plan, to the residential buildout pro- jection according to the Zone 19 Local Facilities Management Plan. Aver- age daily trips were determined at the rate of ten trips per day for single family detached homes and eight trips per day for single family attached homes.
An assessment per gross area was determined for each parcel based on trip yield. Each parcel was given an assessment number as shown in Exhibit ltAtl to Part 111.
The commercial areas were assigned average daily trips based on the rates published in the Engineer's Report for the City of Carlsbad, Bridge and Thoroughfare Benefit District No. 1. Commercial trips were
reduced sixty per cent, identical to the reduction in the Bridge and Thoroughfare District. This reduction was done to eliminate double counting, as it was assumed that sixty per cent of the commercial traffic would come from within the district and would have all ready been
counted.
All property owners within the district receive a direct benefit by the acquisition and construction of street and utility improvements within the
Poinsettia Lane right-of-way. However, only properties within the Aviara subdivision receive benefit by the acquisition and construction of street and utility improvements within the Alga Road right-of-way and that portion of the Poinsettia Lane right-of-way within the Aviara sub- division boundary. Properties adjacent to Poinsetta Lane and Alga Road would be required to improve these roadways as a condition of subdivi- sion development and therefore receive a direct benefit. The benefits to the properties have been spread based on each properties proportion of the total average daily trips and the proportional cost of the improve-
ments, incidentals, right-of-way and financing costs.
A portion of the improvements to Alga Road and Poinsettia Lane have been constructed and are to be acquired by this assessment district. Rose Drive has been realigned to connect to Poinsettia Lane. The quan- tities and unit prices for the work to be acquired have been reviewed by the assessment engineer and determined to be reasonable. The con- struction work was competitively bid by a selected list of bidders and the costs have been determined to be comparable to fair market value.
Part I11 - Exhibit B - 2
-. .
The improvements to be acquired are in existence and have been installed in place on or before the date of adoption of the Resolution of Intention for this Assessment District. A review has been made of the items of work, improvements, appliances or facilities and determined that they are eligible and have listed them on Exhibit l'At* to Part 11. Inci-
dentals to be acquired have been reviewed in a like manner and have been listed on Exhibit "D" to Part 11. Overtime work was counted as straight time for the purposes of this report.
The unfinished improvements to Alga Road and Poinsettia Lane are to be constructed as a city public works project. The cost of the improve- ments to be constructed have been estimated by the engineer of work
and are listed on Exhibit "Btt to Part 11. Incidental expenses necessary to construct the work remaining are listed on Exhibit rtE'f to Part 11. The fees for plan checking, permit and inspection did not cover the cost to the City for these services and therefore will not be reimbursed.
Costs have been prorated to Alga Road and the portion of Poinsettia Lane within the Aviara subdivision boundary, hereafter called "Alga Roadn, and to the portion of Poinsettia Lane outside of the Aviara sub- division boundary, hereafter called llPoinsettia Lane". Where the works
of improvement have been identified as work performed only in Alga Road
or in Poinsettia Lane, all of the cost has been allocated to the appro- priate roadway. If the item of work was performed over the entire length of the project, then the cost of the work was prorated to each roadway on the basis of length. Alga Road being eighty-five and eight-tenths percent (85.8%) and Poinsettia Lane fourteen and two-tenths percent (14.2%) of the total project length.
Some items of the work acquired went beyond the boundaries of the Alga Road and Poinsettia Lane rights-of-way. In these cases the costs have been prorated in order to only include costs within the right-of-way and have been based on the following ratios:
9 1%
86%
8 2%
67%
The ratio of the area of Alga Road right-of-way in Aviara Phase One plus the area of Alga Road and Poinsettia Lane
off-site of Phase One to the total Alga Road and Poinsettia Lane right-of-way and slope areas.
The ratio of the area of Alga Road right-of-way in Aviara Phase One to the right-of-way and slope area of Alga Road in Phase One.
The ratio of the length of reclaimed water line in Alga Road to the total length of reclaimed waterline in Phase I of the re- claimed water system master plan.
The ratio of the volume of earthwork in the Alga Road and Poinsettia Lane roadway prism, excluding the slope grading for Aviara Phase One, to the total earthwork volume for Alga Road and Poinsettia Lane.
Part I11 - Exhibit B - 3
. ..
40% The ratio of the length of reclaimed waterline in Alga Road to the total length of reclaimed water system.
9% The ratio of the area of Alga Road and Poinsettia Lane to the total area of Aviara Phase One.
5% The ratio of the area of Alga Road and Poinsettia Lane to the total area of the Aviara subdivision.
The detailed analysis of how the acquisition work and public works of construction were prorated are shown on attached Exhibits llA1' and rtBtt to Part 11. The acquired and public works of construction incidental expenses have been prorated in a similar manner and are shown on attached Exhibits "Dtt and "E1' to Part 11.
The costs of land and right-of-way for Poinsettia Lane have been asses- sed using either the values settled between the owner and City of Carlsbad following the condemnation proceedings or the appraised value plus contingencies. The property owners have been or will be com- pensated for right-of-way and slope easements. No cost for rightof-way and slope easement for Alga Road has been included since dedication was a requirement for development. The costs for right-of-way are listed on
Exhibit "Cft to Part 11.
Financing costs were prorated to each of the benefits in accordance with each benefit's share of the total construction, land acquisition and inci- dental costs.
The City of Carlsbad is in the process of establishing a Communities Facilities District and to levy a special tax to pay for certain City Wide public facilities. The amount of the special tax affecting the properties within this assessment district has not been determined at this time. The Carlsbad Unified School District has formed Community Facilities District No. 1 which includes the area of Zone 19 Local Facilities
Management Plan. The "Rates and Method of Apportionment" for C.F.D. No. 1 specifies the special tax which is applicable to some of the properties within this Assessment District.
Some parcels under common ownership have been assigned a single assessment number. For the purpose of collection, where there are more
than one tax assessor's parcel number per assessment lot number, assess- ments may be collected on an acreage basis. 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 to allocate the assessment to all land based on the benefited area, even though the original assessment was spread on the basis of trip generation. The benefit accrues to all the land and the segregation may be made on a parcel or area basis as long as the assessment for various future land use categories is consistent with the assessments for similar land use categories in the existing approved final map areas.
When a condominium map or final map is recorded and the area sub- divides, the assessment would then be segregated by the assessment engineer. If the total number of units were less than that planned, then
Part I11 - Exhibit B - 4
the developer would be required to make up the difference as a contri- bution. If the total number of units were more than planned, then the assessment engineer may segregate the assessment to the total number of lots recorded. In accordance with City policy, no assessments may be passed through to residential property without prior agreements being
made with the City of Carlsbad.
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 improve-
ment.
DATED: July 3, 1990
NBSIJPWRY INCORPORATED
/ CITY OF CARLSBAD STATE OF CALIFORNIA
Part I11 - Exhibit B - 5
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ENGINEER'S REPORT PART IV
CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD)
ASSESSMENT DIAGRAM
A full-size copy of the Diagram of Assessment District No. 88-1, is attached hereto and is a part of the Engineer's "Reporttt.
PART IV - 1
ENGINEER'SREPORT PART V
CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 88-1
(ALGA ROAD)
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:
Poinsettia Lane is a major arterial having a 102 foot right-of-way with two travel lanes in each direction and a raised median. The proposed
improvements to Poinsettia Lane will bring it to full City standards, which include :
1) full width improvements constructed to adopted line and grade with water, drainage, fire hydrants, street lights, provisions for traffic control, and appurtenant work from 500 feet easterly of Snapdragon Drive north easterly to Alga Road.
2) median improvements with raised concrete curbing, landscaping and irrigation.
3) erosion control landscaping and irrigation in the parkway and on cut and fill banks.
Alga Road is a secondary arterial being upgraded to major arterial stan- dards of a 102 foot right-of-way with two travel lanes in each direction and a raised median. The proposed improvements to Alga Road will bring it to City standards, which include:
1) major arterial width improvements constructed to adopted line and grade with potable water, reclaimed water, drainage, fire hydrants, street lights, traffic control and appurtenant work from Mimosa Drive westerly to Poinsettia Lane.
2) median improvements with raised concrete curbing, landscaping and irrigation.
PART V - 1
RIGHT-OF-WAY CERTIFICATE
STATE OF CALIFORNIA CITY OF CARLSBAD
The undersigned, LLOYD B. HUBBS, hereby CERTIFIES UNDER PEN- ALTY 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. 88-1 ALGA ROAD
(hereinafter referred to as the ttAssessment 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 the.
PART V - 2
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 under- signed hereby further certifies that all rights-of-way necessary for the works of improvement will be obtained and in the possession of the City prior to the commencement of any construction.
EXECUTED THIS /2THday of
STATE OF CALIFORNIA
PART V - 3
ENGINEER'S REPORT PART VI
CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 88-1
(ALGA ROAD)
A proposed maximum assessment of one percent (1%) of the annual install- ment for each 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.
PART VI - 1
Carlsbad Journal
Decreed A Legal Newqmper by the Supmar ‘our, ol Son &go County
Mail 011 correspondence regarding public note odvertmng to North Coast Publirherr, Inc. corporate offices: P.O. Box 878, Enr~mtas, CA 92024 (619) 753.6543
Proof of Publication
STATE OF CALIFORNIA, ss
COUNTY OF SAN DIEGO.
I am a citizen of the United States and a resident of the county aforesaid;
I am over the ageof eighteen years, and not a party to or interested in the above entltled matter.
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation,
published twice weekly in the City of Carlsbod, County of San Diego, State of Col\fornia, and which
newspaper IS publtshed for the disseminotlon of local news and intelligence of a general character, and
which newspaperat all times hereln mentioned hodond St111 hosa bona fidesubscription list of paying
subscribers, and which newspaper has been establtshed, printed and publIshed at regular intervals in
the said City of Carlsbad, County of Son Diego, State of California, for a aeriod exceedino one “ear next
preceding the date of publicatloi of the notice
herelnofter referred ta, and that the notice of
which the annexed is a printed copy, has been
publlshed ineoch regulorondentireissueof said
newspaper and not in any supplement thereof an
the following dates, to-wit:
WHEREAS. IIll cm CO”NClL Of ule CITY OF EARLsB*D. CALL FORNIP.. h.l inslmted proceed- ings for the CO.dIYCLIO” or re*m DVbliC ~c..ks Of im.ra”=mc”t and
A That the p,*n* .nd .ranr.- tion, <or the proposed InwmYb men,.tobc .dc.conUlna*i~sdd “l(cport’ be. and t&Y .m hersby ppl;~halilY .PPI.YCd and
s.~h.ithaendrr*~*c.tl~*~~ UC itamhed and Wl coda ad en pewe, or s.x.3 aCqYllilio”.. Hlsre neccasa9. l ad ,mPIo*cI4..11. and *the *r,clds”t., eI(PenIeI h *on- twctim therewllb. cont.inul in S,Y”RepOXi,-ix. ,.d+ ofthem ~bp.yel’*inln*r~lY wPmved
c. That td *i*.m .horinll tllc AsIe**ment m,,r,ct referred 1D and d.sdbed in Id RCmUtion Of ,r,ter,t,ur,. ,“d d.0 the boundnties and diM”.LOnl or the re*puuve ‘Y~id.lO”I.ll.“dxiBb~id*.. Yuaml, Dhtnrt. .I the ‘amw er- Md at the the D,thS P.I”P Of u*d RBSOIYLW~ orlntemron, acb Of .hi.b s”bdi”alord )Lwc been #iYe” a up,rde ““eel “Pm mid di~rn. ,I CMULned in mid -Is* pat,- tn. an.3 it is hereby Pnuni- nmuy .ppmved .“d whptcd. Lb. Ta., *e propold urnmd “pm Ihe serrr., #“bdl”illons or ,.~~1.,~ld~*U~~.LD,~l.I” p’opmuo~ to the CSIIIIIPkd k- q ntato be rmiwd kS”Cb rrw- SidOlu. rcspwtivelY. rmon said .c- g.llltion.ndimpra”~mm~..~dor
19.49 JUNE 14
JUNE 21 .,,. ..,. 19.90.
19..
19..
19..
I certify under penalty of perjury that the foregoing is true and correct. Executed a\~Erisba&County of San Oiego, State of California on day of I O ,’ ‘,.O “‘,‘A‘., 1. J ,-J ’ ,.,, I { ^ _-, Clerk oithe Printer
I ,s;- -. . ..’
* I/
1 RESOLUTION NO. go-173
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
5 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
6 CALIFORNIA, has instituted proceedings for the construction of
7 certain public works of improvement and appurtenances under
g provisions of the "Municipal Improvement Act of 1913'1, being
g Division 12 of the Streets and Highways Code of the State of
10 California, in a special assessment district known and designated
11 as ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD) (hereinafter referred
12 to as the "Assessment District"); and,
13 WHEREAS, there has been prepared and filed with the legisla-
14 tive body a "Report" provided for in Sections 10203 and 10204 of
15 the Streets and Highways Code of the State of California, and
16 this "Report" has been presented for consideration; and,
17 WHEREAS, a Resolution of Intention for this improvement was
18 previously adopted by the legislative body; and the "Report" as
19 l-l 0 w presented shall stand as the "Report" for the purpose of
20 subsequent proceedings hereunder; and
21 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
22 SECTION 1. That the above recitals are all true and
23 correct.
24 SECTION 2. That the "Report" of the Engineer referred to
25 hereinabove is considered adopted, passed upon, and preliminarily
26 approved, as follows:
27
28
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2
3
4
5
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7
8
9
10
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12
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14
15
16
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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 itemized
a XI d total costs and expenses of said acquisition, where neces-
sary, and improvements, and of the incidental expenses in connec-
tion therewith,
are hereby prel i
contained in said "Report", be, and each of them
minarily 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 respective
subdivisions of land within said Assessment District, as the same
existed at the time of the passage of said Resolution of Inten-
tion, each of which subdivisions have been given a separate
number upon said diagram, as contained in said "Report", be, and
it is hereby preliminarily approved and adopted;
D. That the proposed assessment upon the
several subdivisions of land in said Assessment District, in
proportion to the estimated benefits to be received by such subdi-
visions, respectively, from said acquisition and improvements,
as contained in said
iminarily approved and
and of the incidental expenses thereof,
"Report", be, and they are hereby prel
adopted;
E. That the maps and descriptions of the lands
and easements to be acquired, as contained in said "Report" be,
3nd the same are hereby preliminarily approved;
1
2 SECTION 3. That said "Report" shall stand as the Engineer's
3 "Report" for the purpose of all subsequent proceedings had pursu-
4 ant to said Resolution of Intention.
5 SECTION 4. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 1OTH
6 DAY OF JULY, 1990, AT THE HOUR OF 6:00 O'CLOCK P.M., IN THE
7 REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL
8 CHAMBERS, CITY HALL, ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO
9 THE PROPOSED WORK, OR ASSESSMENT, OR EXTENT OF THE ASSESSMENT
10 DISTRICT, OR TO THE PROPOSED GRADES, MAY APPEAR AND SHOW CAUSE
11 WHY SAID WORK SHOULD NOT BE DONE OR CARRIED OUT IN ACCORDANCE
12 WITH THE RESOLUTION OF INTENTION AND THE "REPORT" OF THE ENGINEER.
13 PROTESTS MUST BE IN WRITING AND MUST BE DELIVERED TO THE CITY
14 CLERK AT OR BEFORE THE TIME SET FOR THE PUBLIC HEARING.
15 SECTION 5. That the City Clerk is hereby directed to give
16 notice of said Public Hearing by causing to be conspicuously
l7 posted on all open streets within the Assessment District, not
18 more than 300 feet apart on each street so posted, but not less
19 t h a n 3 i t1 all, notice of the passage of the Resolution of
20 Intention and of this Resolution, all in accordance with the
z1 provisions of said Division 12.
22 SECTION 6. That the City Clerk is hereby directed to give
23 notice of said Public Hearing and of the passage of the
24 Resolution of Intention and this Resolution by causing such
25 notice to be published in accordance with Section 6066 of the
26 Government Code, in the newspaper previously designated as the
27 newspaper for all publications as required by law and as
28 necessary for completion of this Assessment District.
1
2
3
4
5
6
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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
0 w n i n g 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
proposed boundary map; said boundary map to be in the manner and
form as set forth in Division 4.5 of the Streets and Highways
Code of the State of California.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad at its regular meeting held on the 5th day
of June , 1990, by the following vote, to wit:
AYES: Council Members Lewis, Mamaux and Larson
NOES: None
ABSENT: Council Members Kulchi
ATTEST:
ALETHA L. RAUTENKRANZ, City Cllerk
(SEAL)
June 28, 1990
Office of the City Clerk City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009-4859
RE: Request To Be Heard
Dear City Clerk:
The Murphy Interest does not waive their right to appear and be heard on July 10, 1990, regarding the resolution of necessity for Alga Road - Sewer and Storm Drain Easement Project.
Sincerely,
Michael X. Murphy
FRANKLASARO
ROSCOE D. KEAGY
RICHARD R. FREELAND
STEVEN A. MCKINLEY
ARNOLD NEVES, JR.
STEVEN M. SHEWRY
WILLIAM J. HEtALY
GARY L SIROTA
ASARO & KEAGY
AlTORNEXSATLAW
FOURTH FLOOR
3170 FOURTH AVENUE
SAN DIEGO, CA 92103
TELEPHONE (619) 297-3170
TELECOPIER (619) 2994268
IN REPLY REFER To:
AMENDED NOTICE OF PUBLIC HEARING TO
ADOPT A RESOLUTION OF NECESSITY’ -
June 22, 1990
Mr.Howard F. Murphy and Michael K. Murphy, Co-Trustees of the Howard F. Murphy Trust for the Benefit of Howard F. Murphy dated October 6, 1989 400 N. La Costa Road Carlsbad, CA 92008
RE: Alga Road - Sewer/Storm Drain Easement NOTICE OF PUBLIC HEARING to Condemn Property
Dear Messrs. Murphy:
On June 12, 1990, our firm notified you that the City Council of the City of Carlsbad would hold a public hearing on July 3, 1990, to consider the adoption of a Resolution of Necessity to authorize the condemnation of a portion of your property for the Alga Road - Sewer/Storm Drain Easement Project.
The hearing date has been changed to July 10, 1990, at 6:00 p.m. or as soon thereafter as the matter may be heard at the City Council Chambers located at 1200 Elm Avenue, Carlsbad, California.
Pursuant to California Code of Civil Procedure Section 1245.235, each person whose property interests are to be acquired by eminent domain has the right to appear and be heard at the hearing. The City Council will determine whether (a) the public interest and necessity require the project; (b) the project is
RESO: MURPHY.CHG 1
Page 2 June 22, 1990
planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; and (c) the property sought to be acquired is necessary for the project pursuant to California Code of Civil Procedure Section 1240.030.
The new hearing date allows you to file a written request to appear and be heard in the office of the City Attorney at the Carlsbad City Hall within fifteen (15) days after the date this Notice is mailed. Failure to file a request to appear and be heard in the office of the City Clerk of the City of Carlsbad within fifteen (15) days after the date this Notice is mailed will result - in waiver of the right to appear and be heard at the aforementioned hearing. However, if you have already filed a written request pursuant to the Notice dated June 12, 1990, for the hearing originally scheduled for July 3, 1990, you need not file a second request to appear and be heard.
Remember, if you wish to appear and be heard at the July 10, . . 1990 public hearing, vou must have either filed a written reuuest . with the Citv within fifteen (151 davs after the da- the 'ori- . notice was mailed or file such a wrxtten recruest w ithin fifteen . (15) avs after this notice 1s u . The City welcomes your participation.
Please feel free to call us should you have any questions.
Very truly yours,
~&K&iGrG
Richard R. Freeland
RRF:crw cc: City Clerk Vincent F. Biondo, Jr. Lloyd Hubbs D. L. Clemens MC Murphy Developments 630 Grand Avenue Suite F Carlsbad, CA 92008
RESO: MURPHY. CHG 2
; --*” c
. .
FRANK L ASARO
ROSCOE D. KFsAGY
RICHARD R. FREELAND
STEVEN A. MCKINLEY
ARNOLD NEVES, JR.
STEVEN M. SHEWRY
WILLIAM J. HEALY
GARY L. SIROTA
-
ASARO & KEAGY
ATTORNEYS AT LAW
FOURTH FLOOR
3170 FOURTH AVENUE
SAN DIEGO, CA 92103
TELEPHONE (619) 297-3170
TELECOPIER (619) 299-4268
IN REPLY REFER TO- *-
NOTICE OF PUBLIC ElEARING TO ADOPT A RESOLUTION OF NECESSITY
June 12, 1990
Mr.Howard F. Murphy and Michael K. Murphy, Co-Trustees of the Howard F. Murphy Trust for the Benefit of Howard F. Murphy dated October 6, 1989 400 N. La Costa Road Carlsbad, CA 92008
RE: Alga Road - Sewer/Storm Drain Easement APN's 215-051-04; 216-121-01
Dear Messrs. Murphy:
We have apparently reached an impasse in the negotiations relative to the acquisition of your property for the above- entitled project. A copy of the plats depicting the property sought to be acquired is attached to this letter. It is necessary to resolve this matter as quickly as possible in a manner which is fair and equitable to both parties. The Superior Court of the County of San Diego provides an impartial agency to hear both sides of a controversy and to render decisions to resolve our differences which, in this case, involves an opinion of value. The procedure is called a "condemnation" or "the right of eminent domain." It is the recommendation of our firm that condemnation proceedings be instituted to settle our controversy.
The City of Carlsbad will hold a public hearing on July 3, 1990, at 6:00 p.m. or as soon thereafter as the matter may be heard at the City Counsel Chambers located at 1200 Elm Avenue, Carlsbad, California. It is the intent of the City of Carlsbad to consider
RESO: HlJRPHY.HRG 1
--
at that time the adoption of a Resolution of Necessity to authorize the condemnation of a portion of your property for the construction of a sewer and storm drain.
Pursuant to California Code of Civil Procedure Section 1245.235, each person whose property interests are to be acquired by eminent domain has the right to appear and be heard at the hearing. The City of Carlsbad will determine whether (a) the public interest and necessity require the project; (b) the project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; and (c) the property sought to be acquired is necessary for the project.
If you wish to speak either for or against the issues which are outlined above, you must file a written request within fifteen (15) days from the date of this letter. Failure to file a written request to appear and be heard in the office of the City Clerk of the City of Carlsbad within fifteen (15) days after the date this Notice is mailed will result in waiver of the right to appear and be heard at the aforementioned hearing.
Your written request should be addressed to the following:
City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008
RE: Alga Road Sewer/Storm Drain Easements July 3, 1990 Hearing Date
Please feel free to call us should you have any questions.
Very truly yours,
ASARO & KEAGY
&-1>67.
Richard R. Freeland
RRF:crw cc: City Clerk Vincent F. Biondo, Jr. Lloyd Hubbs D. L. Clemens
MC Murphy Developments 630 Grand Avenue Suite F Carlsbad, CA 92008
RESO: YURPHY.HRG 2
CERTIFICATE OF COMPLIANCE
WITH NOTICE REQUIREMENTS
ASSESSMENT DISTRICT NO. 88-1
(ALGA ROAD)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
ALETHA RAUTENKRANZ, under penalty of perjury, CERTIFIES AS FOLLOWS:
The undersigned is now, and at all times mentioned herein was, the duly qualified
and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, and as such, accomplished
the notice requirements in connection with the referenced Assessment District, as
noted :
RECORD AT ION
The original of the ASSESSMENT ROLL AND DIAGRAM was recorded in the Office of the
Superintendent of Streets on the ]29h day of ry~y , 1990.
A copy of the ASSESSMENT DIAGRAM was filed in the Office of the County Recorder, in
Assessment District Maps Book 2q , Page(s) 22 , on the )9+4 day
of J-ULY , 1990, as Document No. ?O-39 /TOG.
A copy of the NOTICE OF ASSESSMENT was recorded in the Office of the County Recorder
on the IqJh day of TML y , 1990.
PUBLICATION
(CARLSBAD JOURNAL)
The STATEMENT OF ASSESSMENT, pursuant to Section 6066 of the Government Code of the
State of California, was published once a week for two successive weeks, with at
least five days intervening between publications; said publications being accomp-
lished on the dtyh day of , 1990, and on the C?MD day of
lq UGUC T , 1990.
POSTING
A copy of the AGENDA for the meeting of July 10, 1990, setting forth a general
description of the proposed action of the legislative body and the time and place of
the meeting, was posted in a location freely accessible to the general public at
least 72 hours before the time set for said meeting; said posting being accomplished
on the (,th day of Tu Lt' , 1990.
MAILING
.-
The STATEMENT OF ASSESSMENT, pursuant to the provisions of the "Municipal Improve-
ment Act of 1913", was mailed, postage prepaid, to each person owning property in
the Assessment District at his last known address as it appears on the tax rolls of
the City, or on file in the Office of the undersigned, or to both addresses if they
are not the same, or when no address appears, the same was mailed to the person
addressed to General Delivery, which Notice also designated the property within the
Assessment District belonging to each such owner and contained a statement of the
amount to be assessed against the property of each owner, respectively; said mailing
being accomplished on the / Fyh day of Ty~y , 1990.
EXECUTED this 7 t4 day of , 1990, at Carlsbad, California. 4
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
I
CONSENT AND WAIVER
AGENCY: CITY OF CARLSBAD
WHEREAS, the above Agency has initiated proceedings and scheduled a public hearing
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 to benefit properties within the boundaries of a special
assessment district, said assessment district known and designated as ASSESSMENT
DISTRICT NO. 88-1, (hereinafter referred to as the "Assessment District"; and,
WHEREAS, at this time certain changes and modifications are proposed to be made to
the assessment of property owned by the undersigned property owner(s); and,
WHEREAS, the undersigned property owner(s) acknowledges that pursuant to the provi-
sions of the "Municipal Improvement Act of 1913", property owner would be entitled to
additional notice of the proposed increase in the assessment against the property.
The undersigned, however, acknowledges that he is aware of the proposed increase in
the assessment against the property and waives any and all right which he may now
have to further notice pertaining to the proposed increase in the assessment against
the property and any and all right which he may have to protest the modification to
the proposed improvements resulting in said increased assessment.
NOW, THEREFORE, it is hereby declared by the undersigned property owner(s) as
follows:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the undersigned property owner(s) hereby consents to the proposed
modification and amendment to the assessments as hereinafter set forth:
ASSESSMENT PROPERTY ORIGINAL PROPOSED
NUMBER DESCRIPTION ASSESSMENT MODIFICATION
99 215-592-05 $313,900.00 NOT TO EXCEED
$450,000.00
REASON FOR PROPOSED MODIFICATION: To reflect benefit based upon an
increase in the number of projected daily trips.
SECTION 3. That property owner(s) hereby acknowledges the above proposed changes and
modifications and requests the Agency to proceed at this time to order
said changes and modifications.
DATED : see attached
PROPERTY OWNER
PROPERTY OWNER
AVIARA RESORT ASSOCIATES
LIMITED PARTNERSHIP,
a California Limited Partnership
GENERAL PARTNERS
AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, a Delaware
limited partnership
By: Aviara
By: Republic Development Company,
a Califorfi corporation,
Vice -P%s ident Address:
c /jh--- Assistant Secretary
Assistant Secretary
Hillman Properties West, Inc. 450 Newport Center Drive, Suite 304
Newport Beach, California 92660
TAT Aviara, LTD, a
Address:
TAT Aviara, Ltd., A California
corporation
c/o TSA Development Company, Ltd.
8910 University Center Lane The Aventine, Suite 440
San Diego, California 92122
lao
resort.aoo
.-
STATE OF CALIFORNIA
COUNTY OF San Diego
I I ss:
I I
On July 10. 1990 before me, the undersigned, a Notary Public in and for said
State, personally appeared Takeshi Sekimchi, personally known to me or proved to me
on the basis of satisfactory evidence to be the person who executed the within instrument
as the President, and Hideki Hayashi, personally known to me or proved to me on the
basis of satisfactory evidence to be the person who executed the within instrument as the
Secretary of TAT Aviara, Ltd., a Hawaii corporation, the corporation that executed this
instrument on behalf of Aviara Resort Associates Limited Partnership, a California
limited partnership, the partnership that executed this instrument, and acknowledged to
me that the corporation executed this instrument as such partner and that such
partnership executed it.
WITNESS my hand and official seal.
NOTARY PUBLIC
I STATE OF CALIFORNIA I
COUNTY OF San Diego I
ss.
I
On July 10. 1990 before me, the undersigned, a Notary Public in and for said
State, personally appeared Ted L. Hoover, personally known to me or proved to me on
the basis of satisfactory evidence to be the person who executed the within instrument
as the Assistant Secretary of Aviara Land Company, a Delaware corporation, the
corporation that executed the within instrument on behalf of Aviara Land Associates
Limited Partnership, a Delaware Limited Partnership, the partnership that executed the
within instrument, and acknowledged to me that such corporation executed the same as
such partner and that such partnership executed the same.
WITNESS my hand and official seal.
I STATE OF CALIFORNIA I
COUNTY OF San Diego I
; ss:
I
On July 10. 1990 before me, the undersigned, a Notary Public in and for said
State, personally appeared Ted L. Hoover, personally known to me or proved to me on
the basis of satisfactory evidence to be the person who executed the within instrument as the Assistant Secr etarv, of Republic Development Company, a California corporation,
the corporation that executed the within instrument on behalf of Aviara Land Associated
Limited Partnership, a Delaware Limited Partnership, the partnership that executed the
within instrument, and acknowledged to me that such corporation executed the same as
such partner and that such partnership executed the same.
WITNESS my hand and official seal.
(Seal)
,
STATE OF CALIFORNIA
COUNTY OF San Diego
I I ss.
I I
On Julv 10. 199Q before me, the undersigned, a Notary Public in and for said
State, personally appeared D.L. Clemens, personally known to me or proved to me on
the basis of satisfactory evidence to be the person who executed the within instrument
as the Vice President of Aviara Land Company, a Delaware corporation, the corporation
that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within
instrument, and acknowledged to me that such corporation executed the same as such
partner and that such partnership executed the same.
WITNESS my hand and official seal.
STATE OF CALIFORNIA
COUNTY OF San Diego
I I ss:
I I
On Julv 10. 1990 before me, the undersigned, a Notary Public in and for said
State, personally appeared D.L. Clemens, personally known to me or proved to me on
the basis of satisfactory evidence to be the person who executed the within instrument
as the Vice President, of Republic Development Company, a California corporation, the
corporation that executed the within instrument on behalf of Aviara Land Associated
Limited Partnership, a Delaware Limited Partnership, the partnership that executed the
within instrument, and acknowledged to me that such corporation executed the same as
such partner and that such partnership executed the same.
WITNESS my hand and official seal.
- NOTARY PUBLIC
(Seal)