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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) 0 0 LOCATION MAP a I - - C Ll .I 4 4 r: I < ASSESSMENT DISTRICT 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 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 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 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) e 0 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 0 0 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. 0 0 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)