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Home My WebLink About1996-01-16; City Council; 13476; Carlsbad Ranch Assessment DistrictCl”” OF CARLSBAD - CARLSBAD RANCH ASSESSMENT DISTRICT NO. 95-l DEPT. ENG PETITION FOR SPECIAL ASSESSMENT PROCEEDINGS RECOMMENDED ACTION: Adopt Resolution No. ci& a 5 Making findings on a petition for Special Assessment Proceedings presented by certain property owners for the construction of certain public improvements under the “Municipal Improvement Act of 1913” in a special assessment district known and designated as Assessment District No. 95-l (Carl&ad Ranch). I ITEM MPLANATION: The City Council at their meeting of December 13, 1994, approved proceeding with the formation of a financing program to fund the construction of certain public improvements within or adjacent to the Carl&ad Ranch property. Additionally, the City Council approved an Acquisition Agreement at their meeting November 11, 1995 which allows the property owner to construct improvements in advance of the formation of the assessment district. The Petition for Special Assessment Proceedings is one of several legal ways to start and initiate assessment district proceedings. The property owners have formally requested the assessment district through to petition. The Streets and Highways Code of California sets forth the requirement of 69% property owner participation to waive the requirement for additional steps and procedures. The initiation of the assessment district proceedings in this manner is less expensive and indicates property owner willingness to proceed. A Petition for Special Assessment Proceedings has been executed by 100 percent of the ownership within the assessable area of the assessment district. The total proposed assessable area is approximately 447 acres. This assessable area excludes the acreage for Cannon Road, Palomar Airport Road, Armada Drive and Hidden Valley Road. Areas of General Plan Open Space are within the assessment district but will have zero assessment. The City staff, working with bond counsel and Carttas Company, has developed the attached Petition for Special Assessment Proceedings. The preliminary cost of the acquisition of the improvements is $17900,000 and includes the acquisition of the improvements, the cost of engineering, legal, financing and other incidentals. The petition includes a consent form which waives the right of the property owner to protest against the formation of the Assessment District. All the property owners have signed the petition in addition to any beneficiaries under any existing mortgage or deed of trust. The City Engineer has signed the Certificate of Sufficiency of Petition stating the Petition for Special Assessment Proceedings has been signed by one hundred percent (100%) of the property owners. The original Certificate of Sufficiency and Petition for Special Assessment Proceedings are on file with the City Clerk. Staff is recommending that Council adopt the attached resolution which will accept the Petitions for Special Assessment Proceedings signed by the property owners within the assessment area and initiate the assessment district proceedings. Page 2 of Agenda Bill No. m ENVIRONMENTAL: The project site is located within the boundaries of the Carlsbad Ranch Specific Plan SP 207(A) which covers a 447.40 gross acre site within Local Facilities Management Zone 13. The direct, indirect, and cumulative environmental impacts from the future development of the Cartsbad Ranch Specific Plan area have been discussed in the Final Environmental Impact Report (EIR 94-01) for the Specific Plan approved by City Council January 9, 1996. The project is in prior compliance with Final EIR 94-01. The recommended and applicable mitigation measures of Final EIR 94-01 have been incorporated into the project design or are included as conditions of approval for the project. Some of the improvements constructed by the assessment district are mitigation measures identified in the Final EIR 94-01. FISCAL IMPACT: There will be no long term costs to the City. There will be some staff time expended during the formation of the district, but these costs will be recovered from the subsequent bond issue. The cost of all facilities and infrastructure to be constructed by the district will be funded through the issuance of bonds. These bonds will be repaid through assessments placed on the property within the district boundary. EXHIBITS: 1. 2. 3. 4. 5. 6. Map of the proposed improvements. Description of the proposed facilities. List of property owners. Sample Petition for Special Assessment Proceedings. Certificate of Sufficiency of Petition signed by City Engineer. Resolution No. Making findings on Petitions for Special Proceedings 96 -&! 5 for the formation of the Assessment District No./951 (Carlsbad Ranch). EXHIBIT 1 PROPOSED IMPROVEMENTS SCALE: 1"=80( CARLSBAD RANCH A.D. COST ESl'IMATE BREAKDOWN EXEIBIT -422?%- @ G$gf~lcm.-M- REVISED 10-3-95 7220 Amnid Lz uit~$g civil Enqilloehnq Phmning Catisbod. California 92009 Rocstrlng 619-931-7700 sunsylng $mfJAvumAPICIWIIS*am1m* w. aJFom4m 66006 USA 3 Fox:619-931-6660 (6i#)431-6a F&l (616) u1-6K6 wa ulltufm TI o:lI pt (1 fU.r:yaNslOt4\- EXHIBIT 2 THEFACILITIES PHASE I* Phase I can be generally defined as the construction proposed on Carlsbad Units 1,2 and 3, plus Cannon Road, the overhead electric conversion to underground along Palomar Airport Road between Paseo de1 Norte and Armada Drive, and the sidewalk improvement to Paseo de1 Norte. A list of Phase I construction items proposed to be included in the assessment district along with the location map reference number (shown on Exhibit “A- 1”) is as follows: Location Map Number 1, 2, 4-7 15 1 12A 12D 12B Descrintion Armada Drive from Cannon Road to Palomar Airport Road, including wet utilities, surface improvements and roadway grading. (The northerly 3 50 feet of Armada Drive adjacent to Cannon Road will ultimately be known as Lego Drive and is identified as such in Exhibit “C”, Cost Estimate). Cannon Road center “common” improvements and south side improve-ments including grading from Car Country Drive to Armada Drive. TrafIic signal at Cannon Road and Armada Drive. Construction at Paseo de1 NorWPalomar Airport Road intersection, including widening for right-turn pocket, utility relocation, and traffic signal modifications. Conversion of overhead electric lines to underground along Palomar Airport Road from Paseo de1 Norte to Armada Drive. Construction at Palomar Airport Road/Armada Drive intersection, including median modifications, widening for right-turn pocket, utility relocations, and traffic signal modification. 17 Features associated with pedestrian walkway along the westerly and southerly edges of Lot 14 (hotel site), including wide sidewalk and retaining wall. * It should be noted that items derived from Phases I and II were based not only on current plans for Carlsbad Ranch Units 1,2, and 3, but also on the proposed design for the Master Carlsbad Ranch Tentative Map, CT 94-09. Cannon Road plans have been prepared by Crosby, Mead, and Benton, along with the proposed design for CT 94-09. A-l October 3,1995 - 13 Sidewalk along existing Paseo de1 Norte, east side, from Car Country Drive to Palomar Airport Road. 20 CMWD temporary waterline relocation during construction adjacent to future southerly Lego Drive/Armada Drive. PHASE II ** Phase II can be generally defined as the construction of the Lego Drive public section, the Armada DriveJLego Drive intersection resulting in a roundabout, public storm drain in Lego Drive, overhead electric conversion to underground along Palomar Airport Road between Armada Drive and Hidden Valley Road and Cannon Road between Armada Drive and the east side of proposed Pointe Parkway. A list ofPhase II construction items proposed to be included in the assessment district is as follows: Location Map Number Descrintion 3 Lego Drive, public portion, including all wet utilities, surface improve-ments and roadway grading. cc Lego Drive/Armada Drive intersection to be constructed as a roundabout. 16 Cannon Road center “common” improvements and south side improve-ments from Armada Drive to the east side of proposed Pointe Parkway, approximately 1,280 feet. 12c 12E 12F Construction at Hidden Valley Road/l?alomar Airport Road intersection including median modiications, utility relocations and traflic signal. Conversion of overhead electric to underground along Palomar Airport Road, from Armada Drive to Hidden Valley Road. Upgrade of existing Palomar Airport Road median improvements, between Armada Drive and Hidden Valley Road, including decorative concrete, landscaping and irrigation. 21 Public trunk storm drain in Lego Drive. ** Items for Phase II were derived from the preliminary design for the Master Carlsbad Ranch Tentative Map, CT 94-09, and plans for Cannon Road by Crosby, Mead and Benton. A-2 October 3,1995 5 . EXHIBIT “3” CARLSBAD RANCH ASSESSMENT DISTRICT NO. 95-l PROPERTY OWNERS 1. 2. 3. 4. 5. CARLTAS COMPANY Christopher C. Calkins 5600 Avenida Encinas Suite 100 Carlsbad, CA 92008 CB RANCH ENTERPRISES Christopher C. Calkins 5600 Avenida Encinas Suite 100 Carlsbad, CA 92668 GEMOLOGICAL INSTITUTE OF AMERICA Gary S. Hill Director of Facilities Planning 1660 Stewart Street Santa Monica, CA 90404-4088 NATIONAL ASSOCIATION OF MUSICAL MERCHANTS Judy Bohlim Director of Administration 5146 Avenida Encinas Carlsbad, CA 929984391 CARLSBAD ESTATES HOLDING, .INC. John Jakobsen/Flemming Jensen 5600 Avenida Encinas Suite 130 Carlsbad, CA 92008 I 4 EXHIBIT 4 - TO: CITY COUNCIL CITY OF CARLSBAD FILED IN THE OFFICE OF THE CITY CLERK THIS - DAY OF , 1995. CITY CLERK PETlTlON FOR SPECIAL ASSESSMENT PROCEEDINGS 1. We, the undersigned, are the property owners of land within the area shown on the map attached as Exhibit “A” and made a part of this document. 2. We petition you to undertake special assessment proceedings for the acquisition of the following described public improvements: The construction of major public improvements to serve the CARLSBAD RANCH, including but not limited to street improvements, sanitary sewer and water facilities, drainage improvements, utility conversion, together with appurtenances and appurtenant work. For particulars, reference is made to the attached Exhibit “C”. 3. We understand: A. THAT the cost of the acquisition of the improvements will be charged to the land which benefits from the improvements, including our land; 8. THAT the cost of engineering, legal and other incidental expenses will be included in the project cost; C. THAT each property owner may pay his assessment either in cash without interest or in installments with interest over a period of years. D. THAT a preliminary estimate of the cost of acquisition of the improvements, together with incidentals, contingencies and financing costs, is as follows (Exhibit “B”): $17,900,000.00 E. THAT property with an assessment lien is subject to judicial foreclosure in cases of delinquency and non-payment. 4. We consent to the formation of the Assessment District and waive any rights to protest against the formation of said Assessment District. 5.’ We agree to dedicate all required rights-of-way or easements necessary for the works of improvement, all dedications to be accomplished before the ordering of the acquisition of the improvements. l n - THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THEY ARE THE OWNERS OF RECORD OF THE PROPERTY AS IDENTIFIED BELOW. DATE OF SIGNING 11-2-95 NAME OF PROPERTY OWNER & MAILING ASSESSOR’S TAX ADDRESS PARCEL NO. SIGNATURE Carlsbad Ranch Corrpany, legal description L.P., a California attached limited partnership 5600 Avenida Encinas Suite 100 Carlsbad, CA 92008 By: Carltas C-any, a Californja limited oartnership Its General Partner By: Carltas Managant, aCalifornia FOR PROPERTY SUBJECT TO A SUBDIVISION DEVELOPMENT AGREEMENT THE UNDERSIGNED hereby state, as mortgagees or beneficiaries under any existing deeds of trust, that they acknowledge and join in signature in the Petition for the above-referenced Assessment District. For further particulars as to any mortgagees or beneficiaries under any deeds of trust, reference is made to the title report, a copy of which is attached hereto. - DATE OF SIGNING NAME OF LENDER SIGNATURE October 31, 1995 First Interstate Bank of California, a California corporation CALIFORNIA ALL-PURPtmE ACKNOWLEDGMENT State of California County of San Diego On Noveitber 2, 1995 before me, Karen A. Phelps, Notary Public I oate Name and Tille of Oflicw (e.g.. ‘Jane Doe. Notary Public”) personally appeared &-stopher C. calkins-------------------- Name(s) of SiinerW 30 personally known to me - 0FUf QWMMfd WcWM&$ W&W$ti@fi/Wdo be the person@) whose name($) is&d subscribed to the within instrument and acknowledged to me that he/$&VW/executed the same in his/t#CtpC$i~ authorized capacity(@b): and that by ’ his/W4WVsignature&J on the instrument the person[@, or the entity upon behalf of which the person($yacted, executed the instrument. Though the information below is not required by law, it may p fraudulent removal and reattachment of this f&m to another document. Description of Attached Document Title or Type of Document: Petition for Spxial Assessment Proc~~ Document Date: October 31. 1995 Number of Pages: 2 + attach. Signer(s) Other Than Named Above: JeffmY Do Stites Capacity(ies) Claimed by Signer(s) Signer’s Name: CaJJcins Signer’s Name: q Individual Kl Corporate Officer Title(s): President 0 Partner - 0 Limited 0 General c! Attorney-in-Fact 0 Trustee q Guardian or Conservator Cl Other: Signer Is Representing: Carltas Corrpany by Carltas Management, its Genbrdl ~CIL~TEI q Individual q Corporate Officer Title(s): Cl Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator q Other: Signer Is Representing: I I 0 1994 Nalbml Notary Assoaanon * 9236 Remme Ave.. P.O. Box 7184 * Cmqd Park. CA 91309-7184 Prod. No. 5907 Reorder: Cad Toll-Free l-8OM76-6827 LEGAL DESCRIPTION LOT 3 OF CARLSBAD TRACT NO. 92-7 (CARLSBAD RANCH UNIT 1 AN UNIT 21, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13078, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28,1993. TOGETHER WITH LOTS 9, 10, 12, 13 AND 14 OF CARLSBAD TRACT NO. 92-7 (CARLSBAD RANCH UNIT 3) IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13215, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 30, 1995. CALIFORNIA ALL-PURPLSE ACKNOWLEDGMENT State of California County of San Diego On October 31, 1995 before me, Sharon S. Levy, Notary Public I Dale Name and Me of Officer (e.g.. ‘Jane Doa. Notary Public”) personally appeared Jeffrey De St-tes ******t*********t***tk**********k*********, Name(s) of Signer(s) q personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: Signer’s Name: Cl Individual 0 Corporate Officer Title(s): 0 Partner - Cl Limited q General 0 Attorney-in-Fact 0 Trustee Cl Guardian or Conservator •i Other: Signer Is Representing: I 1 0 Individual q Corporate Officer Title(s): Cl Partner - Cl Limited 0 General Cl Attorney-in-Fact 0 Trustee q Guardian or Conservator q Other: Signer Is Representing: I I 0 1994 National Notary Association l 6236 Aemmet Ave.. P.O. Box 7184 - Canoga Park, CA 91X+71 &1 Prod. No. 5907 R60rder: Call Toll-Free l-602-676-6627 PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 95-I (CARLS~AD RANCH) cm Cf cARLsBAo CcUNn Cf SAN CIECO. STATE CF CACFCRNIA ++p ‘- _ \ 7 f’ %’ ” B I”t .- C \?-4’r; 9 b \ \ <lr I t N VICInlTY YAP ? NOT ro SCAG j lwDcx NOT TO SCALE , : l ‘. I ‘i * \ i \ ‘, \ ‘\ r; am% -1 I ‘1 I \ c\ \ \,Q@iz/ 4 h \ ‘p&q/ \ \. LdiL : IS ‘, \, ?7Q+ 1 4 - a I’-- /-“1 I . 99 ” wer. rn., C’S -YIrrllDm--.- 4*).x?-- ----- -,I, 13 - - \ , a- PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 95-l (CARLSBAD RANCH) cn Of CARISM CWNn Cc !3A IllEGO. SrAx s c%f~hlA EXHIBIT "A-l" LOCATION MAP SCALE: -1'=800' CAIUSBAD RANCH A.D.COSTBSKUTE BREAKDOWN EXHIBIT -%!%& @ pLT&8 MvltLpwN+ 7220 *rmlQ *f;nC;6~ f Cbl Enqmwlnp OMPANY Ranr.na REvrsxD 10-3-95 Lms0ad. Cahlom~o 32009 - 1 j19-311-7TOr) hac.rrq Sun.. *p :. :“-;!‘-‘f?” Moo AwNlo* CNOM * M IQ) * w. uMcb+r rioos U.S& :9r91 UT-)dll TM (6191 rll-9um lB . . . . I - EXHIBIT -8” PluxJMIMRY COST ESTrrUTE ASSESMENT DISIWCT 95-l (CARLSBAD RAWH) Item Estimated Cosr I. ACQUISITION OF IMPROVEMENTS AND LIElYS A. Acquisition of Improvements PHASE I - construction costs Amlada Drive Cannon Road from end to Armada Drive Palomar Airpprt Road Lego Drive Promenade (Sidewalk Retaining Walls, and Viewing Area) Pluck Dcl Nortc (Sidewalk only) Waterline Relocation During Construction Subtotal Phase I Construction Costs PHASE II - Construction Costi Cannon Road, from Armada to Pointe Parkway Paiomar Airport Road Lcgo Drive Roundabout Lego Drive Public Storm Dmin Subtotal Phax II Construction Cm s 3.735,ooa 2.105,000 915,cGo 548,ooo 261,000 29,ooo 97,ooo S 7,690,OOO s 1,oss,ooo 767,000 318,ooo 498,ooo 510,ocKl s 3,148,cloo IL Acquisition of Special Asxxmenl Lkns 1,I97.163 Total Acquisition of Improvements and Liens S 12.035.163 IL INCIDENTAL COSTS Enginating @ 6 % Soils Engineering EnvironmcntlrUArchalo~~~~n~i~ Consultant Construction Management & Administrntion City Plan Check Fas City Inspation/Rrmit Fees Design Surveys and Consttuction Staking City Administration Assessment Enginaring Audit of Acquisition Cost3 Bond Counsel APP~ FinAncial Advisor oaicial Statcmalt Fiscalhying Agent Printing Bonda Publii and h4iscclhncour Costs Contingency Total Incidental Costa UT. FMANCING COSTS Capitalized Interest Bond R-e Bond Discount Total Financing Costs S 652,000 2cqooa 155,000 215,000 %ooo 550,lXlO 264,cnM 50,000 50,000 25,ooo SO,CGO 15,ooa 50,000 15,000 10,000 10.000 10.000 300,ooa S 2.711.000 s 1,083.ooo 1,675,OOO 361,ooo s 3,119,ooo TOTAL PRELIMINARY CO= ESflMATE S 17~365.163 SAY s 17go0,~ B-l October 12.1995 - E,XHlBIT “C” TBE FACILITlES PEASE I* Phase I can be generally defined as the construction proposed on Carlsbad Units 1,2 and 3, plus Cannon Road, the overhead electric conversion to underground along Palomar Airport Road between Paseo de1 Norte and Armada Drive, and the sidewalk improvement to Paseo de1 Norte. A list of Phase I construction items proposed to be included in the assessment district along with the location map’reference number (shown on Exhibit “B”) is as follows: Location Map Number Descriotion 1, 2, 4-7 Armada Drive from Cannon Road to Palomar Airport Road, including wet utilities, surface improvements and roadway grading. (The northerly 3 50 feet of Armada Drive adjacent to Cannon Road will ultimately be known as Lego Drive and is identified as such in Exhibit “C”, Cost Estimate). 15 1 Tra& signal at Cannon Road and Armada Drive. 12A Construction at Paseo de1 NorWPalomar Airport Road intersection, including widening for right-turn pocket, utility relocation, and traffic signal modifications. 12D 12B 17 Cannon Road center “common” improvements and south side improve- ments including grading from Car Country Drive to Armada Drive. Conversion of overhead electric lines to underground along Palomar Airport Road from Paseo de1 Norte to Armada Drive. Construction at Palomar Airport Road/Armada Drive intersection, including median modifications, widening for right-turn pocket, utility relocations, and traffic signal modification. Features associated with pedestrian walkway along the westerly and southerly edges of Lot 14 (hotel site), including wide sidewalk and retaining wall. * It should be noted that items derived from Phases I and II were based not only on current plans for Carlsbad Ranch Units 1, 2, and 3, but also on the proposed design for the Master Carlsbad Ranch Tentative Map, CT 94-09. Cannon Road plans have been prepared by Crosby, Mead, and Benton, along with the proposed design for CT 94-09. C-l October 16, 1995 . f -I - 13 Sidewalk along existing Paseo de1 Norte, east side, from Car Country Drive to Palomar Airport Road. 20 CMWD temporary waterline relocation during construction adjacent to &mu-e southerly Lego Drive/hada Drive. PHASE IT ** Phase II can be generally defined as the construction of the Lego Drive public section, the Armada Drive&ego Drive intersection resulting in a roundabout, public storm drain in Lego Drive, overhead’electric conversion to underground along Palomar Airport Road between Armada Drive and Hidden Valley Road and Cannon Road between Armada Drive and the east side of proposed Pointe Parkway. A list of Phase II construction items proposed to be included in the assessment district is as follows: Location Map Number Descriotion 3 Lego Drive, public portion, including all wet utilities, surface improve- ments and roadway grading. cc Lego Drive/Armada Drive intersection to be constructed as a roundabout. 16 Cannon Road center “common” improvements and south side improve- ments from Armada Drive to the east side of proposed Pointe Parkway, approximately 1,280 feet. 12c Construction at Hidden Valley Road/Palomar Airport Road intersection including median modifications, utility relocations and traffic signal. 12E Conversion of overhead electric to underground along Palomar Airport Road, from Armada Drive to Hidden Valley Road. 12F Upgrade of existing Palomar Airport Road median improvements, between Armada Drive and Hidden Valley Road, including decorative concrete, landscaping and irrigation. 21 Public trunk storm drain in Lego Drive. ** Items for Phase II were derived Tom the preliminary design for the Master Carlsbad Ranch Tentative Map, CT 94-09, and plans for Cannon Road by Crosby, Mead and Benton. c-2 October 16, 1993 EXHIBIT 5 CERTIFICATE OF SUFFICIENCY OF PETITION STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD The undersigned hereby CERTIFIES as follows: That I am the duly appointed CITY ENGINEER of the CITY OF CARLSBAD, CALIFORNIA. That on the 1% day of &WK~~ , 1995, I reviewed a Petition for the formation of an Assessment District for certain public works of improvement, together with appurtenances, appurtenant work and acquisition, where necessary, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 95-1 (CARLSBAD RANCH) (hereinafter referred to as the “Assessment District”), a copy of which is on file in the Office of the City Clerk. That I caused said Petition to be examined and my examination revealed that said Petition has been signed by property owners representing more than sixty (60%) percent of the assessable area of lands within the boundaries of the proposed Assessment District, ail as prescribed by Sections 2804 and 2804.5 of the Streets and Highways Code of the State of California (“Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ‘I). That said Petition did representm &WJ!WI& ( 100 %) percent of the assessable area of property within the boundaries of the Assessment District. That said Petition meets the requirements of Sections 2804 and 2864.5 of the Streets and Highways Code of the State of California. That written evidence has been submitted indicating that the total estimated amount of the proposed assessment will not exceed seventy-five percent (75%) of the estimated fair market value of the lands proposed to be assessed after the proposed public improvements have been constructed as required by Section 2804.1 of said Streets and Highways Code. Inasmuch as certain of the improvements contemplated are to be subdivision conditioned improvements, said examination also revealed that the Petition has been also signed as appropriate by all mortgagees or beneficiaries under any existing mortgages or deeds of trust as required, and proof of ownership and names of mortgagees or beneficiaries, if applicable, is attached hereto. Executed this /?day of Df?e , 1995, at Carlsbad, California. 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 - RESOLUTION NO. 96 -2 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA. MAKlNG FINDINGS ON PETITIONS. WHEREAS, the City Council of the City of Carlsbad has been presented by certain property owners an executed Petitions requesting the installation of certain public improvements, together with appurtenances and appurtenant work in connection therewith, said improvements to be installed 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. 95-l (Carlsbad Ranch) (hereinafter referred to as the ‘Assessment District”). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That it is hereby found that said Petitions have been signed by owners owning land constituting more than sixty percent (60%) of all assessable land within the boundaries of the proposed Assessment District. 3. That said Petitions, as filed and herein approved, meet all the requirements of Division 4 of the Streets and Highways Code of the State of California, said Division being the “Special Assessment Investigation, Limitation and Majority Protest Act of 1931’. No further proceedings or limitations under said Act are applicable, as specifically set forth and authorized by Section 2894 thereof. 4. This legislative body hereby further finds and determines, based on wriien evidence submitted, that the total estimated amount of the proposed assessments will not exceed seventy-five percent (75%) of the estimated fair market value of the land proposed to be assessed after the proposed public improvements shall have been installed. /Ii Ill 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 -. 5. That it is hereby further determined and found where property is subject to a development and subdivision agreement said Petitions have been signed by not only the property owners, as specified in Section 2804 of the Streets and Highways Code, but also any mortgagee or beneficiary under any such existing mortgage or deed of trust, as required by Section 2804.2 of the Streets and Highways Code of the State of California. That said Petitions shall be retained as a permanent record and remain open to public inspection. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 16th day of JANUARY , 1996 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: ALETHA L RAUTBNKRANZ, City Clerk w=L)