HomeMy WebLinkAbout1993-12-07; City Council; 12495; INTENTION TO ORDER CHANGES AND MODIFICATIONS & SET PUBLIC HEARINGS PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT NO. 86-1z 0 5 a
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3. Amended Engineer’s Report dated November 8,1993 (on file in the City Clerk’s Office
4. Resolution No. ~%-3~~ Declaring Intention to Order Certain Changes an
Modifications in a Special Assessment District, approving an Amended Boundary Ma
and an Amended Engineer’s Report, and Setting Public Hearings.
AMENDED PROPOSED BOUNDARIES
OF ASSESSMENT DISTRICT NO. 86-1
(PALCMAR AIRPORT ROAD WEST)
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RESOLUTION NO. 93-326
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN CHANGES AND MODIFICATIONS IN A SPECIAL ASSESSMENT DISTRICT AND SETTING PUBLIC HEARINGS
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD
CALIFORNIA, has previously initiated proceedings and held
public hearing pursuant to the terms and provisions of th
"Municipal Improvement Act of 1913", being Division 12 of th
Streets and Highways Code of the State of California, for
assessment district designated as ASSESSMENT DISTRICT NO. 86-
(PALOMAR AIRPORT ROAD) (hereinafter referred to as th
"Assessment District") ; and,
WHEREAS, at this time it appears to this legislative bod
that certain changes and modifications are necessary, and that
pursuant to the provisions of Section 10353 of said Streets an
Highways Code, it is necessary that this legislative body adop
a Resolution briefly describing the proposed changes and givin
notice of a time and place for two public hearings where person
may appear and show cause why said changes should not k
ordered; and,
WHEREAS, at this time it is determined to be in the bes
public interest and convenience to order a modification in tl:
boundaries of the Assessment District and to provide for
reallocation of the costs and expenses to properly reflect tt
benefits received based upon certain subsequent reservations j
land use and restrictions on development; and
WHEREAS, there has now been presented to this legislati\
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body for consideration and approval an amended boundary mal
showing the modifications to the boundaries to the Assessmeni
District, as well as an amended Engineer's "Report" showing thc
reallocation of the costs and expenses to properly reflect thc
benefits received based upon current land use.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true an
correct.
SECTION 2. That an amended map of the Assessment Distric
showing the boundaries of the proposed Assessment District an
lands and property to be assessed to pay the costs and expense
of the proposed improvements designated as "AMENDED BOUNDARIE
OF ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD)" i
hereby submitted, and the same is hereby approved and adopted.
SECTION 3. That the original amended map of said bounda
ries of the Assessment District and one copy thereof is to b
filed in the Office of the City Clerk.
SECTION 4. A certificate shall be endorsed on the origina
and on at least one copy of the amended map of the Assessmen
District, evidencing the date and adoption of this Resolutior
and within fifteen (15) days after the adoption of the ResolL
tion fixing the time and place of hearings on the changes ar
modifications in said Assessment District, a copy of sai
amended map shall be filed with the correct and proper endorsc
ments thereon with the County Recorder, all in the manner ar
form provided for in Section 3111 of the Streets and Highwal
Code of the State of California.
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SECTION 5. That the amended Engineer's "Report" showins
the reallocation of the costs and expenses to properly reflect
the benefits received based upon current land use and thc
amendment to the boundaries is hereby approved and adopted.
SECTION 6. That the original amended Engineer's "Report
shall be filed in the Office of the City Clerk and one (1) cop:
thereof to be filed in the Office of the City Engineer.
SECTION 7. That the public interest, convenience ani
necessity requires, and it is the intention of this legislativi
body, to order certain changes and modifications in thl
proceedings and the boundaries of this Assessment District.
SECTION 8. NOTICE IS HEREBY GIVEN THAT TWO (2) PUBLI
HEARINGS ARE HEREBY SCHEDULED IN THE REGULAR MEETING PLACE 0
THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, 0
THE FOLLOWING DATES AND TIMES:
A. FIRST PUBLIC HEARING: JANUARY 18, 1994 AT 6:OO P.M.
B. SECOND PUBLIC HEARING: FEBRUARY 8, 1994 AT 6:OO P.M.
AT THAT TIME THE LEGISLATIVE BODY WILL HEAR ANY PROTESTS 0
OBJECTIONS TO THE PROPOSED CHANGES AND MODIFICATIONS AS PROPOSE
TO BE MADE BY THIS RESOLUTION. ANY INTERESTED PERSON MAY APPEF
BEFORE THIS LEGISLATIVE BODY AND SHOW CAUSE WHY SAID CHANGES An
MODIFICATIONS SHOULD NOT BE MADE IN ACCORDANCE WITH THE PROW
SIONS OF THIS RESOLUTION. ANY OBJECTIONS MUST BE IN WRITING m
FILED WITH THE CITY CLERK BY ANY INTERESTED PERSON AT ANY TIP
NOT LATER THAN THE TIME SET FOR THE PUBLIC HEARING.
SECTION 9. The City Clerk is hereby directed to certify t
the adoption of this Resolution and cause a copy to be publish<
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once, not less than ten (10) days prior to the date set foi
the first Public Hearing. Said publication shall be in thc
CARLSBAD JOURNAL, a newspaper designated for legal publication:
under these proceedings.
SECTION 10. The City Clerk is further directed to mail i
copy of the Notice of Hearings to all persons owning rea
property within the boundaries of the Assessment District wherc
assessments are adjusted based upon the reallocation of thl
costs to the names and addresses of such owners as the Sam1
appear on the last County Assessment Roll, or at the address a
known to the City Clerk, not less than forty-five (45) day
prior to the date set for the second Public Hearing.
SECTION 11. These changes and modifications are hereb
ordered pursuant to the provisions of Chapter 4.5 of Division 1
of the Streets and Highways Code of the State of California, th
"Municipal Improvement Act of 1913".
SECTION 12. For any and all information relating to thes
proceedings, including information relating to protest proce
dure, your attention is directed to the person designated below:
RICHARD ALLEN CITY ASSESSMENT ENGINEER CITY OF CARLSBAD
2075 LAS PALMAS CARLSBAD, CA 92009 TELEPHONE: (619) 438-1161, EXT. 4389
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APPROVED and ADOPTED this 7th day of DECEMBER
1993.
CITY OF CARLSBAD STATE OF CALIFORNIA
A'FZ'EST: pL4fiJc&?J /
ITY CI R
'CITY OF LARLS
STATE Or CALIFORNIA
KAREN R. KUNDTZ, Assistant City Clerk
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m a
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO CITY OF CARLSBAD
I, ALETHA RAUTENKRANZ, CITY CLERK of the CITY OF CARLSBAD
CALIFORNIA? DO HEREBY CERTIFY that the foregoing Resolution
being Resolution No. 93-326 , was duly passed, approved an
adopted by the City Council, approved and signed by the Mayor
and attested by the City Clerk, all at the regular meetin
of said City Council held on the 7th day of December
1993, and that the same was passed and adopted by the followin
vote:
AYES : COUNCIL MEMBERS
NOES : COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
EXECUTED this 13th day of December , 1993, a
Carlsbad, California.
STATE OF CALIFORNIA -
[ SEAT, ]
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I CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 861 I PALOMAR AIRPORT ROAD WEST
I ENGINEER'S REPORT
AMENDED
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November 8,1993
NBS/Lowry Project No. A68-015.051
Prepared by:
NBS/LOWRY, INCORPORATED
Engineers & Planners I San Diego, California
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TABLE OF CONTENTS
1 ENGINEER’S REPORT
PART SECTION
1 PLANS AND SPECIFICATIONS 1
2 COSTESTIMATE ....................................... 2
3 ASSESSMENTROLL .................................... 3
4 ASSESSMENT DIAGRAM 4
.............................
.................................
5 DESCRIPTION OF WORK AND RIGHTS-OF-WAY
TO BE ACQUIRED 5
PROPOSED MAXIMUM ANNUAL ASSESSMENT FOR
ADMINISTRATION AND COLLECTION OF
......................................
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ASSESSMENTS ........................................ 6
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AGENCY CllY OF CARLSBAD
PROJECT ASSESSMENT DISTRICT NO. -1
PALOMAR AIRPORT ROAD WEST
TO: CITY COUNCIL
ENGINEER'S REPORT PURSUANT TO THE
PROVISIONS OF SECTIONS 2961 AND 10204
OF THE STREFtS AND HIGHWAYS CODE I
Pursuant to the provisions of Part 7.5 of the "Special Assessment Investigation,
Limitation and Majority Protest Act of 1931", being Division 4 of the Streets and
Highways Code of the State of California, and the "Municipal Improvement Act of
1913", being Division 12 of said Code, and in accordance with the Resolution of
Intention, being Resolution No. 88-164 and amended by Resolution No.
adopted by the CITY COUNCIL of the CITY OF CARLSBAD, STATE OF CALIFORNIA:
in connection with the proceedings for; @
B' (PALOMAR AIRPORT ROAD WEST) ASSESSMENT DISTRICT NO. 8Sl
(hereinafter referred to as the "Assessment District"), I, GALEN N. PETERSON,
authorized representative of NBS/LOWRY, INCORPORATED, the duly appointed
ENGINEER OF WORK, submit herewith the "Report" for the Assessment District,
consisting of six (6) parts as follows:
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PART 1
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 2
An estimate of the costs of the proposed works of improvements, including incidental
costs and expenses in connection therewith, is as set forth on the lists thereaf,
attached hereto, and are on file in the Office of the City Clerk.
PART 3
B This Part shall consist of the following informdon:
Page 1 of 3
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A. A proposed assessment of the total amount of the costs and expenses of the proposed improvements upon the several subdivisions of land within the
Assessment District, in proportion to the estimated benefits to be received by
such subdivisions, from said improvements, is set forth upon the assessment
roll filed herewith and made a part hereof.
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.
The total true value, as near as may be determined, of the parcels of land and
improvements which are proposed to be assessed.
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PART 4
A diagram showing the Assessment District, the boundaries and the dimensions of
the subdivisions of land within said Assessment District, as the same existed at the
time of the passage of the Resolution of Intention, is filed herewith and made a part
hereof, and part of the assessment.
PART 5
Description of the work for the proposed improvements and description of all rights-
of-way, easements and lands to be acquired, if necessary.
PART 6
A proposed maximum annual assessment for administration and collection of
assessments.
-4
&, 1993. Dated this 6 >ay of n/ 0 JL=flg
N BS/LOWRY, I NCORPBRATED
STATE OF CALIFORNIA
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I CALIFORNIA, ON THE DAY OF , 199,.
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PRELIMINARY APPROVAL BY THE CITY COUNCIL OF THE CIN OF CARLSBAD,
CITY CLERK
CITY OF CARLSBAD I STATE OF CALIFORNIA
FINAL APPROVAL BY THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ON THE OF , 199-.
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
Page 3 of 3
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ENGINEER’S REPORT
PART 1
CIM OF CARLSBAD
ASSESSMENT DISTRICT NO. 86-1
(PALOMAR AIRPORT ROAD WEST)
PLANS AND SPECIFICATIONS
The plans and specifications for this Assessment District are referenced herein and
incorporated as if attached and a part of this Report.
The plans are titled “Plans for the Improvement of Palomar Airport Road, Carlsbad,
California, Engineers Stations 23+002 to 109+77-~” consisting of 55 sheets and
signed on December 1 1, 1987, by Pountney Associates. The Contract Documents
and Specification are referred to as Contract No. 3151.
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ENGINEER'S REPORT
PART 3
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 86-1
(PALOMAR AIRPORT ROAD WEST)
ASSESMENT ROLL
WHEREAS, on May 24, 1988, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, did, pursuant to the provisions of the "Municipal Improvement Act of
1913", being Division 12 of the Streets and Highways Code of the State of California,
and as amended, adopt its Resolution of Intention No. 88-164, for the construction
of certain public improvements, together with appurtenances and appurtenant work
in connection therewith, in a special assessment distn'ct known and designated as
ASSESSMENT DISTRICT NO. 86-1
(PALOMAR AIRPORT ROAD WEST) I (hereinafter referred to as the "Assessment District"); and,
WHEREAS, Resolution of Intention was further amended by Resolution No.
WHEREAS, said Resolution of Intention, as required by law, did direct the appointed
Superintendent of Streets to make and file a "Report", consisting of the following:
a. Plans;
b. Specifications;
c. Cost estimate;
d.
e.
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Assessment Diagram showing the Assessment District and the subdivisions
of land contained therein;
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 I adopted.
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NOW, THEREFOR€, 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 Intention, have
assessed the costs and expenses of the works of improvement to be
performed in the Assessment District upon the parcels of land in the
Assessment District benefitted thereby in direct proportion and relation to the
estimated benefits to be received by each of said parcels. For particulars as
to the identification of said parcels, reference is made to the Assessment
Diagram, a copy of which is attached hereto.
As required by law, a Diagram is hereto attached as Part 4 of this Report,
showing the Assessment District, as well as the boundaries and dimensions
of the respective parcels and subdivisions of land within said Distn'ct 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.
The subdivisions and parcels of land, the numbers therein as shown on the
respective Assessment Diagram as attached hereto, correspond with the
numbers as appearing on the Assessment Roll as contained herein.
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 191 57, to represent all unpaid assessments, and
the last installment of said bonds shall mature a maximum of TWENTY-FOUR
(24) YEARS from the 2nd day of September next succeeding twelve (12)
months from their date. Said bonds shall bear interest at a rate not to exceed
the current legal maximum rate of 12% per annum.
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:
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3.
4.
5.
1 PART 3 - 2
I Balance to $ 4,852,999 $ 4,720,471 $ 5,339,028 $ 5,339,028
Assessment
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I, ALETHA L. RAUTENKRANZ, as CLERK of the CITY OF CARLSBAD, CALIFORNIA, do hereby - that the foregoing Assessment was previously modified on the
day of , 199-.
CITY CLERK
CITY OF CARLSBAD
I, ALETHA L RAUTENKRANZ, as CLERK of the CITY OF CARLSBAD, CALIFORNIA, do hereby certify that the foregoing currently modified Assessment, together with the
Diagram attached thereto, was filed in my office on the day of
,199 - .
CITY CLERK
CITY OF CARLSBAD
I, ALETHA L RAUTENKRANZ, as CLERK of the CITY OF CARLSBAD, CALIFORNIA,
do hereby certify that the foregoing currently modified Assessment, together with the
Diagram attached thereto, was approved and confirmed by the City Council of said
City on the day of , 1W-e
CITY CLERK
CITY OF CARLSBAD
I, LLOYD HUBBS, as CITY ENGINEER of the CITY OF CARLSBAD, CALIFORNIA, do
hereby certify that the foregoing Assessment was previously modified on the day of , 199-.
CITY ENGINEER
CITY OF CARLSBAD
I PART 3 - 4
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CFN OF CARLSEA5
AMENDED ASSESSMENT ROU, AMENDING ASSESSMENT NUMBER 3, ASSESSMENT DlslRlCT NO.
CAUFORNIA. THIS AMENDS THE ASSESSMENT ROLL FOR THE SAME ASSESSMENT DISTRICT AS
PRNIOUSLY RECORDu) BY THE CITY C-OUNaL OF THE CrrY OF CARLSAD ON JULY 5,1988 AND
RECORDED IN THE OmCE Of THE ~PERWJTE"TENEIYT Of SlRE€rS ON JULY 7,1988
86-1. (PALOMAR AIRPORT ROAD), CITY OF CARLSBAD, COUNTY Of SAN DIEGO, STATE OF
-------I--
3 21 2-041 -06 212-041-12 212-041-12 S58,700.46
21 2-041 -07 212-041-13 212-041-13 76,899.02
212-041-14 21 2-041 -14 41,435.62 21 2-041 -08
21 2-041-09 21 2-041 -1 5 21 2-041 -1 5 63.721.52
212-041-16 212-041-16 59,017.24 212-041 -10
21 2-041 -1 1 21 2-041-17 212-041 -1 7 55,91274
$1,403,m.% 212-041-18 212-041-18 47,026.89
212441-19 212-041-19 30,078.84
212-041-20 212941-20 48,32571
212-041-21 212941 -21 37,634.18
212-041-P 212-041-22 51,541.09
212-041-23 212941-23 33,151.68
212-041-24 212-041-24 34,624.72
212-041-25 212-041-2s 29.255.19
212-041 -26 212-041 -26 33,246.70
212441-n 212-041-n 49,291.91
21 2-041 -28 21 2-041-28 80.51 1.20
212-041-29 212-041-29 19,069.80
212-041-30 2l2-041-30 35,495.88
212-041-31 212-041-31 50,210.59
21 2-041 -32 21 2-041 -32 73209.26
212441-33 212-041-33 29,68285
212-041-34 212-041-34 64,036.30
212-041-35 212-041-35 0.00
212-041-36 212-041-36 0.00
212-041 -37 212-041 -37 0.00
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AMENDED ASSESSMENT ROLL
ASSESSMENT DISTRICT NO. 86-1
,r'ALOMAR AIRPORT ROAD)
CIN OF CARLSBAD
AMENDED ASSESSMENT ROLL. AMENDING ASSESSMENT NUMBER 1. ASSESSMENT DISTRICT NO. 86-1,
(PALOMAR AIRPORT ROAD), CITY OF CARLSBAD.
AMENDS THE ASSESSMENT ROLL FOR THE SAME ASSESSMENT DISTRICT AS PREVIOUSLY RECORDED BY
THE CITY COUNCIL OF THE CITY OF CARLSBAD ON JULY 5, 1988 AND PREVIOUSLY RECORDED IN THE OFRCE
OF THE SUPERINTENDENT OF STREETS ON JULY 7,1988 AND JULY 29,1992..
COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. THIS I
APPORTIONED
UNPAID
ORlGlNAL ASSESSOR ORIGINAL NEW ASSESSOA ASSESSMENT
ASSESSMENT PARCEL ASSESSMENT ASSESSMENT PARCEL AMOUNT NUMeER NUMBER AMOUM NUMBER NUMBER SFPIFMBER. 1993
ORIGINAL NEW
1 211-021-18 5 211-021-18
21 1-021 -20 21 1-021 -26
21 1-021 -25 211-021-28
21 1-021 -28 21 1-021 -29
21 1 -040-c8 tl.404.104.19
21 1-040-09
$2,254,782.84
21 1-040-30 21 1-040-30 158.01 1.95
1 21 1-040-33 311-040-33 32,148.92
211-080-10 211 -060-10 0.00
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AMENDED ASSESSMENT ROLL, AMENDING ASSESSMENT NUMBERS 5 AND 211 -021-19. ASSESSMEI
DISTRICT 86-1 (PALOMAR AIRPORT ROAD). CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE (
CALIFORNIA. THIS AMENDS THE ASSESSMENT ROLL FOR THE SAME ASSESSMENT DISTRN
AS PREVIOUSLY CONFIRMED BY THE CITY COUNClL OF THE CITY OF CARLSBAD ON JULY 5. 1988. AI
PREVIOUSLY FILED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS ON JULY 7, 1988. JULY 29. 194
AND OCTOBER-. 1993.
5 21 1-021 -18 6 21 1-010-25
21 1 -021 - 1 8
21 1-021 - 19
21 1-021 -26
$1,404,104.19 21 1-021 -27
21 1-021 -28
21 1-021 -19 21 1-021 -19 $0 21 1-021 -29
21 1-021 -26
21 1-021 -28
21 1-021 -29
I $1,404,104:
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ENGINEER'S REPORT
EXHIBIT 'B' TO PART 3
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 86-1
(PALOMAR AIRPORT ROAD WEST)
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METHOD AND FORMULA OF ASSESSMENT SPREAD
The law requires and the statutes provide that assessments, as levied pursuant to the
provisions of the "Municipal Improvement Act of 191 3", must be based on the benefit
that the properties receive from the works of improvement. The statute does not
specify the method or formula that should be used in any special assessment district
proceedings. The responsibility rests with the Assessment Engineer, who is retained
for the purpose of making an analysis of the facts and determining the correct
apportionment of the assessment obligation. For these proceedings, the City has
retained the sewices of NBSLowry, 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 assessment 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
indude arterial streets identified on the circulation element of the Carlsbad General
Plan. It further permits certain improvements within the arterial street rights-of-way
to be financed and to indude, sewers, water lines, drainage and public utilities.
The arterial street to be constructed and financed by this assessment district is a
portion of Palomar Airport Road. This street pmits only limited access to adjoining
property and, in general, point access is limited at intervals of 2600 feet.
AMENDMENT
The owner of original Assessment No. 1, the Carltas Co., has prepared a revised
development plan identified as Carlsbad Tract 92-7 (Carlsbad Ranch) which, if known
at the time of the formation of the original Assessment District No. 86-1, would have
1
I PART 3 - EXHIBIT B - 1
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included additional lands owned by the Carttas Co. in the assessment district. The
purpose of this amended Engineer’s Report is to respread the costs in direct
proportion with the benefits that each parcel receives from the works of improvement.
Assessment No. 1 was segregated into new Assessment No. 5 plus three additional
assessor’s parcel numbers as shown on page 3-7. Assessment No. 5 is further amended by this report as shown on Page 3-8. I BENEFITS AND ASSESSMENT CRITERIA
Palomar Airport Road exists and provides an improved two lane traveled way and
currently carries a relatively high traffic volume. Where development has occurred,
adjacent to Palomar Airport Road, the improvements to widen Palomar Airport Road
to its ultimate width have been paid for and constructed by the land owner as a
condition for development. The vertical alignment of the existing roadway requires
adjustment and structural failures are occurring in the roadway. The construction or reconstruction of the interior two traffic lanes in each direction and the center median
inchding appropriate share of specific incidental costs will be financed by the City
of Carlsbad. This leaves the outside travel lanes, the parking lane, curb and gutter
and parkway improvements to be the obligation of adjoining property owners. The
adjoining property owners receive a direct benefit by the construction of street and
utility improvements adjoining their property. The total construction costs for
improvements are assessed on a front footage basis to the benefitted properties.
Certain assessor’s parcel numbers within the boundaries of the Assessment District
are in common ownership. Some of these parcels do not abut Palomar Aitport Road.
With limited access to Palomar Airport Road, the direct benefit assessed to the
adjacent properties on a front footage basis extends to the non-abutting parcels.
Parcels under common ownership are assigned a single assessment number. Future
division of these parcels and sale to different owners will require segregation of the
assessment. It will be the intent in the segregation process, even though the
assessment is spread on front footage basis, to allocate the assessment to all land
The above will also apply to large land parcels that are subsequently divided and
only a portion of the subdivided parcels abut Palomar Airport Road. The benefit
accrues to all the land and the segregation may be made on an area basis.
Certain lands abutting Palomar Airport Road are currently restricted by the Williamson
Act and the local coastal zone. The frontage assessment for two properties APN’s
21 1-021 -1 9 and 21 2-041 -05 (approximately 2,555 feet in frontage) will be borne by
the City of Carlsbad. An agreement exists for repayment of the assessment to the
City upon the approval to develop and use the property for uses other than agriculture.
The cost of land and right-of-way have been assessed as follows:
1 on benefitted area.
PART 3 - EXHIBIT B - 2
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The cost of slope easements on a certain parcel were assessed directly to that pard since future grading of that parcel may allow the use of that area
paid as a slope easement. The remaining cost of land and right-of-way was
assessed on a frontage basis to the benefitted properties. Two properties
(Assessor’s Parcel No. 21 1-021-20 and Assessment No. 4) were excluded
from this frontage assessment for remaining right-of-way because they have
previously dedicated the full amount of necessary right-of-way.
Incidental costs less cash contributions and interest earned during construction were
prorated to each of the benefits in accordance with each benefit’s share of the total
Financing costs were prorated to each of the benefits in accordance with each benefit’s share of the total construction, land acquisition and incidental costs.
In conclusion, it is my opinion that the assessments for the above referenced
Assessment District have been spread in direct proportion with the benefits that each
parcel receives from the works of improvement.
Dated this g - day of A/a /m,qc
I construction costs.
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q, 199z. 44
NBS/LOWRY, INCORPORATED
ENGINEER OF WORK
CITY OF CARLSBAD
STATE OF CALIFORNIA
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1 PART 3 - EXHIBIT B - 3
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ENGINEER'S REPORT
PART 4
CITY OF CARLSBAQ
ASSESSMENT DISTRICT NO. -1
(PALOMAR AIRPORT ROAD WEST)
ASSESSMENT DIAGRAM
A full-size copy of the Amended Assessment Diagram is attached hereto at the back
of this Report and is a part of the Engineer's "Report".
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ENGINEERS REPORT
PART 5
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 861
(PALOMAR AIRPORT ROAD WEST)
DESCRIPTION OF WORKS OF IMPROVEMENT
AND RIGHTS-OF-WAY TO BE ACQUIRED I
DESCRIPTION OF WORKS OF IMPROVEMENT
The proposed works of improvement are generally described as follows:
Palomar Airport Road is a primary arterial having a 126 foot right-of-way with three
travel lanes in each direction and a median. The proposed improvements to Palomar
Airport Road will bring this road to fuil City standards from Paseo Del Norte easterly
approximately 8742 lineal feet to the southwesterly boundary of that area known as
Carisbad Tract No. 81 46, Map 11 289; and more specifically include:
1) Full width improvements constructed to adopted line and grade with water, drainage, fire hydrants, traffic control and appurtenant work from 250 feet
easterly of Pasea Del Norte, to a point easterly approximately 7,384 lineal feet.
Half street improvements on the north side of the street with water, drainage,
fire hydrants and traffic control from the easterly end of Item 1) above
improvements, to a point easterly approximately 765 lineal feet.
Median improvements from approximately the easterly end of Item 2) above
improvements, to a point easterly approximately 343 lineal feet plus from said
easterly end of Item 2) above to a point approximately 95 lineal feet westerjy
overlapping the half street improvements identified in Item 2) above.
Additive bid items also include half street improvements on the south side of
the street with water, drainage, fire hydrants and traffic control from the easterly end of Item 1) above to a point easterly approximately 670 lineal feet.
Temporary imgation and erosion control will be installed in the parkway and on cut
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4 and fill banks.
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RIGHT-OF-WAY CERTIFICATE
STATE OF CAUFORNIA
CITY OF CARLSBAD
The undersigned, LLOYD HUBBS, hereby CERTIFIES UNDER PENALTY OF
PERJURY that the following is all true and correct:
At all times herein mentioned, the undersigned was, and now is, the duly appointed
City Engineer and authorized representative of the CITY OF CARLSBAD,
That there have now been instituted proceedings under the provisions of the
“Municipal Improvement Act of 191 3”, being Division 12 of the Streets and Highways
Code of the State of California, for the construction of certain public improvements
in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 86-1
(PALOMAR AIRPORT ROAD WEST)
I CALI FORNl A.
(hereinafter referred to as the “Assessment District”).
THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS:
(check one)
(X) a 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.
() 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 a! this time.
It is further acknowledged that works of improvement as proposed to be constructed
within said Assessment District must be constructed within public rights-of-way, land,
or easements as owned by said City at the time of the construction of the works of
improvement, and the undersigned hereby further certifies that all rights-of-way
necessary for the works of improvement will be obtained and in the possession of the
City prior to the commencement of any construction.
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EXECUTED THIS day of ,199-.
CITY ENGINEER
CITY OF CARLSBAD
STATE OF CALIFORNIA
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ENGINEER’S REPORT
PART 6
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 861
(PALOMAR AIRPORT ROAD WEST)
A proposed maximum assessment of $60.00 per assessed parcel will be levied upon
each of the several subdivisions of land in the district including parcels representing
a division of any parcel to pay costs incurred by the CITY OF CARLSBAD and not
otherwise reimbursed which result from the administration and collection of
assessments or from the administration or registration of any associated bonds and
reserve or other related funds.
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AMENDE
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ASSESSMENT
(PALOMAR A
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COUNTY OF SA!
AMENDED ASSESSMENT DIAGRAM, AMENDING ASSESSMENT NO. 5, AND 211-
CAUFORNIA. THIS AMENDS THE ASSESSMENT DIAGRAM PREVIOUSLY RECORI AND COMMUNlM FACIUTES DISTRICTS, PAGE 30. AND AMENDED AN0 RECOl AND COMMUNITY FACIUTIES UfSTRI~, PAGE 47, AND AMENDED AND RECOl ASSESSMENT AND COMMUNITY FACILlZS / DISTRICTS, PAGEA, W ME OF
-_ - - -
- VICINITY MAP
NOT TO SCALE
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AMENDi
ASSESSMENT
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C.
COUNTY OF SA1
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AMENDE
ASSESSMENT
(PALOMAR A
Cl
COUNTY OF SA1
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