HomeMy WebLinkAbout1994-06-07; City Council; 12720; RELEASE OF REIMBURSEMENT AGREEMENT ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD)z 0 F: 0 U 1 0 z 3 0 0
Cw OF CARLSBAD - AGEWA B
AB # ld?; 32e> TITLE:
MTG. 6/07/94 REIMBURSEMENT AGREEMENT
DEPT. ENG (PALOMAR AIRPORT ROAD)
RECOMMENDED ACTION:
RELEASE OF
ASSESSMENT DISTRICT NO. 86-1
Adopt Resolution No. qq- l?.s approving the Release of a Rieimbursement Agi
Pertaining to Assessment District No. 86-1 (Palomar Airport Road).
ITEM EXPLANATION:
On July 5, 1988, City Council confirmed assessments in Assessment District 1
(Palomar Airport Road). In developing the costs and assessments leading u
confirmation, it was determined that the parcel owned by Paul Ecke, Sr., benefit
the road. The parcel could not be assessed, however, because it was clas
agriculture under the Mello II Local Coastal Plan. In order to complete the street,
advanced the funds and the property owner agreed to reimburse the City \n
property was developed.
On August 14, 1986, a reimbursement agreement with Paul Ecke, Sr., was recorc
reimbursement amount stated was based on a preliminary cost estimate.
Subsequently, bid documents were prepared and the cost was found to be sig
higher. As a result, a second reimbursement with the revised cost estimate was I
on November 1, 1988. It was intended--but not stated in the second reimbi
agreement--that this agreement replace the first one. Since it was not stat1
reimbursement agreements show up on a title report. The new property ov
requested that we release the first agreement.
FISCAL IMPACT:
Release of this reimbursement agreement will remove a lien of $84,115 from the
The City remains fully covered by the second recorded agreement in the ai
$1 31,768 which was intended to replace the first agreement.
EXH I El TS:
1. Location Map.
2. Resolution No. ?q-- /qT approving the Release of a fqeimbursement A!
Pertaining to Assessment District No, 86-1 Palomar Airport Road (RE
Reimbursement Agreement attached).
(Release filed with Orig. agreement in 45)
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LOCATION MAP a I
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ASSESSMENT DISTRICT
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EXHl BIT m 0
RESOLUTION NO. 9 4 - 14 5
A RESOLUTION OF THE crw COUNCIL OF THE cm, OF CARLSBAD,
CALIFORNIA, APPROVING THE RELEASE OF A REIMBURSEMENT
AGREEMENT PERTAINING TO ASSESSMENT DISTRICT NO 86-1
PALOMAR AIRPORT ROAD
WHEREAS, the City Council of the City of Carlsbad, California, on July 5, 198t
assessments in a special assessment district known and designated as:
ASSESSMENT DISTRICT NO. 86-1
(PALOMAR AIRPORT ROAD)
(hereinafter referred to as “Assessment District.); and
WHEREAS, there exists certain property within the boundaries of the
Assessment District which cannot legally utilize the special benefits which would othen
to that property from the proposed improvements as a result of the classification of ss
as permanent agriculture under the Mello II Local Coastal Plan; and,
WHEREAS, the City Council has made a contribution to the proposed Assessn
which would represent the assessments which would be levied against said propea
classification as permanent agriculture, and entered into a reimbursement agreemc
owner of said property and recorded said agreement on August 14, 1986; and
WHEREAS, the estimated cost of improvements was subsequently revised 8
reimbursement agreement with the owner was executed and recorded on Novembt
WHEREAS, the reimbursement agreement recorded on November 1, 1988 w1
to replace the prior agreement recorded on August 14, 1986.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City o
California, as follows:
1. That the above recitations are true and correct.
2. That the Release of Reimbursement Agreement releasing the Rein
Agreement by and between the City of Carlsbad and Paul Ecke, Sr., recorded on
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August 14, 1986, is hereby approved, and the Mayor and City Clerk are authorized
said release on behalf of the City.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad C
held on the 7th day of JUNE , 1994 by the following vote, to wit:
AYES:
NOES: None
ABSENT: ' None
Council Members Lewis, Stanton, Kulchin, Nygaard, Finn:
V&
WIS, Mayor
ATTEST
(SEAL)
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RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO 1
City Clerk 1
CITY OF CARLSBAD 1
Carlsbad, CA 92008 1
1200 Carlsbad Village Drive )
Space above this line for- Recorder's
Assessor's Parcel No. 212-041-0:
RELEASE OF REIMBURSEMENT AGREiEMENT
RECITALS
WHEREAS, property owner, Paul Ecke, Sr., has signed
City of Carlsbad has executed a Reimbursement Agreemei
August 6, 1986 and recorded as Document Nudber 86-349360
WHEREAS, revisions to the above Reimbursement Agreem
necessary; and
WHEREAS, the City of Carlsbad will release the lien cx
above Document Number 86-349360 in order to substitute a
Reimbursement Agreement executed by the original parties;
NOW, THEREFORE, the City of Carlsbad has elected tc
following:
Section 1. The City of Carlsbad hereby releases t
created due to the Reimbursement Agreement recorded on Auc
1986 as Number 86-349360 against the following described pr
Assessor's Parcel No. 212-041-05
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Section 2. The City of Carlsbad has recorded a
Reimbursement Agreement as Document Number 88-55'
November 1, 1988.
Executed by city this 9th day of- JUNE f
CITY OF CARLSBAD, a rnt
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
RONALD R. BALL
By: citm Deputy City At orney
+/w.
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) 1
On June 16, 1994 , before me, Karen IR. Kundtz, Ass
City Clerk, personally appeared Claude A. Lewis, Mayor --------------
, personally known to me (w-
~e-rne-.erl-~~~i-=5--Df-~~-~~-euCBe~) to be the person (4 whose n
is/aFe- subscribed to the within instrument and acknowledged to me
he/sbe/+key executed the same in his/bep/kke+p authorized capacity(-tes), an
by his/ker/-tkdFsignature(+ on the instrument the person(+-), or the entit
behalf of which the person(s-) acted, executed the instrument.
Witness my hand and official seal
..........................................
k
(SEAL)