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HomeMy WebLinkAbout1997-04-01; City Council; 14112; Foreclose Delinquent College Blvd Assessment Liens- 0 9 2 a % . . p 2 d Y s 0 AB# Della, MTG. 4/l 197 DEPT. FIN CITY OF CARLSBAD -AGENDA BILL \I TITLE: DEPT HD. k AUTHORIZATION TO INITIATE FORECLOSURE ACTIONS TO FORECLOSE THE DELINQUENT COLLEGE BOULEVARD SPECIAL ASSESSMENT LIENS RECOMMENDED ACTION: Adopt Resolution No.q?‘vAL authorizing the firm of Brown, Diven & Hentschke to initiate foreclosure actions to foreclose the delinquent special assessment liens and ordering the recordation of a Notice of Went to Remove Delinquent Assessment lnstallments From the Tax Rolls. ITEM EXPLANATION: In 1986, the City of Carlsbad issued $9.5 million in bonds for the construction of College Boulevard. As part of the district formation and issuance of debt, the City has covenanted with the owners of the special assessment bonds to initiate judicial foreclosure against those parcels of land subject to the delinquent payment of special assessments. The College Boulevard Assessment District property owners are responsible for payment on the debt; debt service funds and administrative fees are collected by the County Tax Collector through annual assessments placed on property tax bills, Within the College Boulevard Assessment District, there are two property owners currently delinquent for the property tax year 1995-96 in excess of $20,000, including penalties. The Finance department has contacted the property owners in writing and by phone, however, taxes remain unpaid. Staff is requesting authorization to retain the firm of Brown, Diven & Hentschke, who will pursue foreclosure actions against those property owners. Under the provisions of Section 8833 of the Streets and Highways Code of California, when such foreclosure actions are ordered, the delinquent special assessments are to be removed from the tax rolls, and a Notice of Intent to Remove Delinquent Special Assessment lnstallments from the Tax Roll is to be recorded with the County recorder’s office. FISCAL IMPACT: The delinquent property owners, YT Partners LP and Edward A. Neff, are responsible for approximately 2.1% of the debt service for this district. At present, adequate College Boulevard Assessment District reserves exist for payment of debt service, and all such payments are current. After the suit has been filed, all fees associated with the foreclosure are the responsibility of the delinquent property owners. Any collection costs incurred prior to the initiation of the lawsuit will be funded by College Boulevard Assessment District administrative fees. EXHIBITS: 1. Resolution No. 9‘3- qa$. authorizing the firm of Brown, Diven & Hentschke to initiate foreclosure actions to foreclose the delinquent special assessment liens and ordering the recordation of a Notice of intent to Remove Delinquent Assessment lnstallments From the Tax Rolls. 2. Notice of Intent to Remove Delinquent Assessment lnstallments From Tax Rolls. 3. Map of College Boulevard Assessment District No. 85-02 and delinquent parcels. -., - ._“. _*, ,_ - _ ^ _.__ ..‘.,- ---. . . _ _ , , , 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 97-422 RESOLUTION ORDERING FORECLOSURE ACTIONS TO FORECLOSE THE DELINQUENT SPECIAL ASSESSMENT LIENS AND ORDERING THE RECORDATION OF A NOTICE OF INTENT TO REMOVE DELINQUENT SPECIAL ASSESSMENT INSTALLMENTS FROM THE TAX ROLL; ORDERING ACTION TO TRANSMIT TO THE COUNTY DOCUMENTS NECESSARY TO CREDIT THE SAN, DIEGO COUNTY TAX COLLECTOR OF FURTHER DUTY THERETO IN ASSESSMENT DISTRICT NO. 85 02. WHEREAS, the City Council of the City of Carlsbad, California, did previously undertake proceedings to and did establish an assessment district pursuant to the provisions of the “Improvement Bond Act of 1915” (“1915 Act”) found in California Streets and Highways Code section 8500 and following; and WHEREAS, the City of Carlsbad did previously issue special assessment bonds pursuant to the 1915 Act to finance public improvements; and WHEREAS, pursuant to the 1915 Act, the timely collection of the special assessment installments are necessary for the timely payment of all principal and interest on the special assessment bonds and each special assessment levy thereof and interest and penalties thereon constitute liens against the lots and parcels of land against which they are made, until the same are paid; and WHEREAS, certain special assessments have not been paid when due, and certain special assessments may not be paid in the ___.__ _- 1 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 future; and WHEREAS, the City of Carlsbad has covenanted with the owners of the special assessment bonds to commence and diligently pursue foreclosure actions against those parcels of land subject to the delinquent payment of special assessments; and WHEREAS, under the provisions of Section 8834 of the Streets and Highways Code of California, this City Council is authorized, not later than four years after the final maturity of the special assessment bonds, to order the same to be collected by an action brought in the superior court to foreclose the liens of the delinquent special assessments; and WHEREAS, under the provisions of Section 8833 of the Streets and Highways Code of California, when such foreclosure actions are ordered, the county tax collector is to be credited upon the tax roll with the amount charged against the tax collector on account of the delinquent special assessments to be sued on and to be relieved of . further duty in regard thereto and a Notice of Intent to Remove Delinquent Special Assessment lnstallments from the Tax Roll is to be recorded with the county recorder’s office in the county in which the real property is located; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: SECTIONI. The City Council hereby orders that the . i 1 delinquent payments of special assessments with respect to those 2 parcels identified on “Exhibit A” attached hereto and incorporated herein, 3 and all subsequent delinquent special assessments with respect to 4 5 those parcels which are not paid when due, be collected by action 6 brought in the Superior Court of San Diego County to foreclose the liens 7 thereof. 8 SECTION 2. The firm of Brown, Diven & Hentschke is 9 hereby retained as special legal counsel and is authorized and directed 10 11 to institute such actions in the name of the City to foreclose the liens of 12 13 14 15 16 17 18 all such delinquent special assessments. SECTION 3. The City Council hereby orders that the Finance Director, in cooperation and in conjunction with special counsel, is authorized and directed to prepare and cause to be recorded with the San Diego County Recorder a Notice of Intent to Remove Delinquent 19 Assessment lnstallments from the Tax Roll. SECTION 4. The City Council hereby orders that the 20 21 22 23 24 25 26 27 Finance Director, in cooperation and in conjunction with special counsel, is authorized and directed to transmit a certified copy of this Resolution to the San Diego County Auditor/Controller’s office together with such other documents and the payment of such fees as is necessary or appropriate to credit the San Diego County Tax Collector upon the tax roll with the amounts charged against the San Diego County Tax Collector on account of the delinquent special assessment installments 28 . . 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 to be sued upon and to relieve the San Diego County Tax Collector of further duty in regards thereto. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California; held on the 1st _ day of April , 1997, by the following vote: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSTAIN: None ABSENT: None ATTEST: -a?& .* ALETHA L. RAUTENKRANZ, City Ca (SEAL) . .C ‘ EXHIBIT “A” COLLEGE BOULEVARD ASSESSMENT DISTRICT NO. 85-2 DELINQUENT PARCELS PROPERTY OWNER: YT PARTNERS LP DELINQUENT DATES: 12/l O/95, 4/l O/96, 12/l O/96 ASSESSOR’S PARCEL NO.: 212-I 20-02-00 DELINQUENCY: $ 12,647.35 + additional interest and legal costs PROPERTY OWNER: EDWARD A NEFF DELINQUENT DATES: 4/l O/96, 12/l O/96 ASSESSOR’S PARCEL NO.: 212-120-01-00 DELINQUENCY: $6,861.49 + additional interest and legal costs A EXHIBIT “2” RECORDING REQUESTED BY: ) ) City Contact ) ) > AND WHEN RECORDED MAIL TO: ) 1 CITY OF CARLSBAD - FINANCE ) ATTN HELGA STOVER .) 1200 CARLSBAD VILLAGE DRIVE ) CARLSBAD CA 92008 ) PHONE (619) 434-2971 > FAX (619) 434-8164 ) . > ) 1 THIS SPACE FOR RECORDER’S USE ONLY NOTICE OF INTENT TO REMOVE DELINQUENT SPECIAL ASSESSMENT INSTALLMENTS FROM THE TAX ROLL Notice of Intent to Remove Special Assessment Installments from the Tax Roll 7 . NOTICE OF INTENT TO REMOVE DELINQUENT SPECIAL ASSESSMENT INSTALLMENTS FROM THE TAX ROLL On September 27, 1994 the Carlsbad City Council of the City of Carlsbad passed Resolution No. 94-273 ordering action to transmit to the San Diego County Tax Collector documents necessary to credit the San Diego County Tax Collector upon the tax roll and to relieve the tax collector of further duty thereto in Assessment District No. 85-02 and ordering foreclosure action to foreclose the delinquent special assessments against the following delinquent properties: Assessor’s Parcel No. Owner’s Name and Address From Last Equalized lnstallments and Tax Year of Delinqencies to be Removed 212-I 20-02-00 YT PARTNERS LP 26820 HOBIE CIRCLE #B MURRIETA CA 92562 12/l O/95, 4/l O/96 12/I O/96 212-120-01-00 EDWARD A NEFF 4/l O/96, 12/I O/96 5807 VAN ALLEN WAY CARLSBAD CA 92008 Delinquencies occurring subsequent to the recordation of this notice may also be removed from the County Tax Roll. Recordation of this document constitutes notice that while the above referenced delinquencies may not appear on the County Tax Roll, they continue to represent a lien against the subject properties and are being collected by the City of Carlsbad. All inquiries should be directed-to: City of Carlsbad - Finance Attention: Helga Stover - Accountant City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 Phone No. (619) 434-2971 Notice of Intent to Remove Special Assessment Installments from the Tax Roll 3ty of Carlsbad College Boulevard Assessment District No. 85 -2 Delinquent Parcels B 1997 City of CarWad GIS April 8, 1997 F. Mackenzie Brown Brown Diven & Hentschke 12770 High Bluff Drive, Suite 240 San Diego, CA 92130 Re: Foreclosure of Delinquent College Boulevard Special Assessment Liens The Carlsbad City Council, at its meeting of April 1, 1997, adopted Resolution No. 97-422, authorizing the firm of Brown, Diven & Hentschke to initiate foreclosure actions to foreclose the delinquent special assessment liens and ordering the recordation of a Notice of Intent to Remove Delinquent Assessment Installments Frpm the Tax Rolls. Enclosed is a copy of Carlsbad City Council Resolution No. 97-422, for your files. &zii$i$j&C ’ Assistant City Clerk KRK:ijp Enclosure 1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (760) 434-2808 @