HomeMy WebLinkAbout1997-04-01; City Council; 14112; Foreclose Delinquent College Blvd Assessment Liens-
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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.
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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
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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
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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
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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
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to institute such actions in the name of the City to foreclose the liens of
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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
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Assessment lnstallments from the Tax Roll.
SECTION 4. The City Council hereby orders that the
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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
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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
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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 @