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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 =! 0 z 3 0 0 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) an CF CARLSBAO COUNfY CF SAN OEGO. STAT€ OF CNFORMA - -I.- ancrr+.olnlyLlqp) ---- 0IICT-c- ----- raw- Le u *-rum a Z=cP!& El ,“,“lm,?gg.,z- NOT 10 SCKE AREA TO BE ADDED ----------- em!!F ~w~-$w~&w&g.~*q.?~~.g!!M WIT- = U SDlmQW m n*n 0 & Rp8l M QA W W Om Q.. 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U - m- n M QR * M - m EXHtBIT 1 -lrCwCrlU OOmWWplD ““M’L%z(a&2t& WcI rn 4 m- - w *- LlcI yo oDII 3QTlLTL I.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 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\ * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 m 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 a 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< 1 2 3 4 5~ 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 0 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 d 1 2 3 4 5 6 7 8 (9, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e a 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 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 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, ] I I I I I I CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 861 I PALOMAR AIRPORT ROAD WEST I ENGINEER'S REPORT AMENDED I I I I I I I I I I November 8,1993 NBS/Lowry Project No. A68-015.051 Prepared by: NBS/LOWRY, INCORPORATED Engineers & Planners I San Diego, California I 1 I I 8 I ill 1 I 1 I I I I I: I I I 1 NB+, WWRY I I I I I I I I 1 II I I I I 1 I I 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 ...................................... 6 ASSESSMENTS ........................................ 6 I i I c I I 8 B 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: I ll I 1 I 1 I 8 1 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 I I I I I I I s 1 1 8 I li I I I 1 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. I B. @. 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 I Page 2 of 3 I I CALIFORNIA, ON THE DAY OF , 199,. I I 1 B I I 1 i E 1 IC I 1 I I u 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 It I I I 1 1 I I I 1 I 1 I I 8 1 1 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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CL 00'OOo'Ol$ 00'OOo'OC$ I Sl WOM AUOlVWd3tld ONV NOIlVZlll9OW OL II maw3s 00'8 L S'66Z'P$ 00'0 00'0 0 V3 r+++r***rwauiwo wai sdwni3 aaiootl 89 Oo'OLL'6 01'0 OOL'L6 AS a33sOuaAH L9 oo'Gp2'2 WL 1 0Cl V3 1VD s - S8nUHS 899 OE'ZL8'Z 1 06'P L29'2 V3 1v9 c - SanUHS v99 w101 IS03 AllNVnb llNfl NOIldl tl3S30 w311 69 H9notlHi I SW~I ala ivioi I anaw3s WZW 09'02 1 P V3 SN9IS 133f'OUd 69 llNn ala 3lVHllS3 IS03 N0113nUSN03 JO SNtlOM 3n8nd 2 1Wd 01 mVm 1181HX3 (aVOtl ItlOdtlW WlrYOlVd) '1-98 'ON I3ItLLSla lN3WSS3SSV CJt18SlW3 A0 MI3 9-Z OZ'W lWS$ 00'UL'Ml$ 00'029'8 00'02S'B 1 s1 YUOM iwoiiwav tloj 70~~03 3ijjvtii EZ c 00'25 1' c oo'm E: v3 3aw9 01 ~OHNVW isnrav czc 00'09s'92 09'9 1 009'1 A3 N~IHI .si 3sva QUEIUN~ oz c 00' OS'S 00'8 OL9 31 am3 NVI~~W z-a 3~ .9 811 00*09C's 00'8 OL9 31 D 3u taLLn9 aNv am3 L c c 00'022 00'1 022 A3 kvMavou 'uod Ails) nu Q~UISS~~N~ 91 1 swai ais TON 3Autltwaiv aNv 'ais 3Auiaav 'II'I smnaw3s ivioi (PZ c HmouHi z c 1) SWXI ais 3~11aav ivioi 00'SEZ'b 00'98Z'l 1 Sl YtlOM 1VNOlllCJQV UOd 9NldiUS 1VNId PZ 1 00'sz' 11 01'88 rn NO1 NUOM 1VNOIUaaV UOd *E 9NIAVd AWUOdW3.L 221 00'9tS'PZ 06'SZ m NO1 Y31Hl "9 lN3W3AVd 3l3U3N03 1lVHdSV 61 L 00' COS'LZ wo 1 OL9'Z A3 hVMaVOU 'UOd AIS) NOllVAV3X3 a3131SSVl3Nn S 1 1 os' SES'O 1 OE'lP ssz A3 (s' lL+86 VlS AU1) '13310Ud 3dOlS Y3OU 13NNVH3 PC 1 0s'LE:Z'Ol OS'9 SLS' 1 A3 (S' lL+86 VlS AlJ) NOllVAV3X3 13NNVH3 81 1 00'oos'L$ oo'ooS'L$ 1 Sl (S'lL+86 VlS AlJ) 'OW3a 72NNVH3 lSIX3 21 1 swai ais 3Aiiiaav . 08'6H'M$ 11 1 H9nOtlHl LOC 'SON W3lI 2 'ON 3AllVNtl3llV a19 lVlO1 - 00'0 00'0 1 Sl occ H9nowi LOL 'SON wai ~oi~na3a wns dwni ccc 00'010'1 00'010' 1 1 V3 3sv3l3U UlV ItlnNVW "I OCC WSCL 00's 1L 1 V3 'A9.8 601 00' LLZ'Z OL'OZ 01 1 dl (00Zd3) 3NllU3.LVM d3V "8 801 WLW'oE$ Web$ ZPL n d3V .91 3NllMlVM 1VNOIlIQQV LO1 z 'ON wivNuaiv ai9 s6 HQnouHi OL sww ais ivioi II mna3H3s WP 10'8CS$ 00'96L'W 00'96L'W 1 s1 9N13VU9 ONV DNIUOHS 'DN1133HS 96 00'018'91 WOEE'Z L tn A18W3SSV INVUCIAH 3Ulj P6 w101 IS03 MlNVnD llNn NOLLdlt13SXl w31 llNn ala aivyYiis3 is03 Noii3ntlisNo3 do SXIOM anand 2 lWd 01 .Vm 1181HX3 (aVOtl 1tlOdMV WWOlVd) cJtbaslW3 40 MI3 1-98 'ON miusla IN~WSS~SSV I I I I I I I I I 9 I I I I I I 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. I 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. I PART 3 - 1 I 1 I 1 I I I I I I I I I I I I I 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: I 2. 3. 4. 5. 1 PART 3 - 2 I Balance to $ 4,852,999 $ 4,720,471 $ 5,339,028 $ 5,339,028 Assessment i 1 I I I I B I I I 1 I I M I 1 I I 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 A e f 1 n - s s- 8 E s -3 255 :g$ 88#$ I-- I-- -3 E I= 2g $ - (I, 08 sr 42 E: x 3- z 53 zsgs : -3 $ I 5 33 8 $Z 2 s? 2 d $ E * E ii si 3- 5- 3" :* 5 P z ??????I? 2 2 z ?????I? ? ?V??xeg w;3$2sle a-hw- ;gfzgrgd i wA !E%mCi{~ 0,3tr s E g epggqnE- 8 7,3J*g%8. gsa-gggix 1 *do '$a, I iii E f i i 3-5-8@3/@- s 5- o --Em- :- pg;-!@.rnz- !$gs.gg34sg I gi$ i 2 I-swq 2 * n : $j r ?+.if- loRJ8- 9 z:aozu aE85?fs-% - F w - - - 3= n 3 "I $1 si[ 48slz. $8 28ol I I I I I I I $2 n g (I, a0 8835 98 Y) 0 2= 2 (I, - - * =z I "8?? -2 28 x B a i IC E -- - n* (I, 5i I-- < Egqs-s-R 8 ~yl33~g ---I ~000000 00000~ 0 li!! jq 3; * qp v) N * rrnr - 5 (I, sd1 3E: z 1 zq SpRZ E J 3 fS%Ki% e $gGsoa? ~ c I &*7 3 g 05% c_ v) Eu -0- 3 -I- r -3 - c gb Y wo =uF 0 0 00000'~ 0 000000l~ OOOOOOOOl B n a. $0 0 0 0 01 Eo ou D I I 1 1 I I 5 0 , I %l W3 13 5i sa_ -ma0 gi ; f $eEZ $33 LL111L r z ; E 22222 2 22222s 22222c22 a 342 - 5 0 $kg@!$ E- !p.:3-3-wz- ;p-s_3m3- N~I-NI- a:n] l5 1 ;!a .: I 3.4 E 3%. $g-3-E-SqE- G- n- gwfq g 5 5 qznzd*- i? 6:3853i EsnwEwg En ZRZea88 9 Z ea :386w IIIII 8 $as688 IIIIII yy????? l jili, gq L;;Ll I I1 rq w r Ill r -3 7- 5 r 53 9 5 Vs"f ggga%% 9 3 i %%%%% i SSSBBS zzzzzzzz a ezee 8 zm 94%- s* .c I l E Z -7-r-c 00000000 I I I IIIII I IIIIII IIIIIIII NNNNN N NNNNNN NNNNNNNN c-.-rrr v) NNNNNF) < c I 93% I zsgs -2 v) ::E cy < 1 I u I I I I I 1 I D i 1 I 1 I I I 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 1 3-6 I 1 I I I I 1 I I 1 1 I I I I I I 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 3 -7 1 I I I 1 I 1 1 I I 1 II I 4 I I I 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: I 3-8 I I D I I I I I I 1 1 I R I I I ENGINEER'S REPORT EXHIBIT 'B' TO PART 3 CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD WEST) I 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 I I I 1 I I I B 8 R I I 4 8 8 I 1 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 I I I 3 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. D I I I 8 1. 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I I I I d I I B I 1 i 1E i I ID 8 1 f .- 3 E E I II 1 e 1 I t E I 1 1 R I Y 1 1 li 9 9 5 ? ?! r c I I I I I I I I 1 I I I R I I I I I 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". I PART 4 - 1 I I I I I I I I I I 4 I 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 1 2) 3) 4) I 4 and fill banks. I I I PART 5 - 1 I I I I I I I I I I 1 I I I I I I 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. 1 PART 5 - 2 I I I I I I 1 I I I I I 1 1 I I I I EXECUTED THIS day of ,199-. CITY ENGINEER CITY OF CARLSBAD STATE OF CALIFORNIA I PART 5 - 3 I I 1 I I I I I I I I I B I I I i 1 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. I PART 6 - 1 i -v 2- 3 - __ 1 ---=e __ iE+; -_ . .- I - AMENDE ! ASSESSMENT (PALOMAR A - CI 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 / I L a *( AMENDi ASSESSMENT * (PALOMAR A C. COUNTY OF SA1 _c \ \ -. I L L Be= S - b AMENDE ASSESSMENT (PALOMAR A Cl COUNTY OF SA1 - - - \‘L- b I