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HomeMy WebLinkAbout1997-05-13; City Council; 14166; Carlsbad Ranch Assessment DistrictCITY OF CARLSBAD -AGENDA BILL AB# /</dd TITLE: MTG. OS/1 3197 CARLSBAD RANCH ASSESSMENT DISTRICT 95-1 FIRST PUBLIC HEARING DEPT. CM RECOMMENDED ACTION: The City Council should receive the staff report and hold the first public hearing related to the formation of the Carlsbad Ranch Assessment District 95-1, and announce that the second public hearing will be held on June 3, 1997, at 6:00 PM in the City Council Chambers. ITEM EXPLANATION: On March 25, 1997 the City Council adopted a resolution stating its intent to form an Assessment District to fund certain improvements serving the Carlsbad Ranch area. At that time the Council received the report of the staff, Assessment Engineer, and Bond Counsel, and set the date and time for two public hearings. This is the first public hearing on this subject, with the second scheduled for 6:00 PM on June 3, 1997, in the City Council Chambers. At that time, the City Council will count the ballots which will be cast by property owners within the district and review protests, if any, to determine whether the formation of the Assessment District may proceed. On April 15, 1997 the Council approved a Modified Engineer’s Report which provided some adjustments to the cost estimates for certain portions of the project. On April 16, 1997 notices were mailed to all property owners of record, and parties holding options to purchase property within the district boundary informing them of the proceedings, the costs and assessments, the dates and times of the public hearings, and how to obtain more information. At tonight’s meeting the Council will receive a brief report from the staff summarizing the improvements to be financed, the cost of those improvements, and the district formation process. All of the information to be covered by staff was previously presented at the March 25, 1997 Council meeting. Attached to this agenda bill is a copy of the Modified Engineer’s report, which was mailed to all property owners and optionees. This report includes a map showing the boundary of the Assessment District, a description of the improvements, the estimate cost of the improvements, and a description of the assessments against each parcel. The Council is not required to take any action at this time. The Council will reserve any action until after the second public hearing on June 3, 1997. At that time, if sufficient support exists for the project, the Council will authorize the formation of the district and the issuance of bonds. COMPLIANCE WITH PROPOSITION 218 The voters of California passed Proposition 216 at the General Election of November 6, 1996. It affects the way in which Assessment Districts are formed and this Assessment District shall comply with its terms. Only assessments which have a special benefit conferred upon parcels within them shall be proposed. The proportional special benefit for each identified parcel shall be determined in relation to the total capital cost of the capital improvements, maintenance and operation expenses. No assessment shall be imposed on any parcel which exceeds the reasonable cost of that proportional special benefit. Although there are no publicly owned parcels within the proposed district, Proposition 218 states that public parcels would be assessable, unless it can be demonstrated by clear and convincing evidence that those parcels in fact receive no special benefit. The assessments must be supported by a detailed Engineer’s Report prepared by a registered professional engineer certified by the State of California. The amount of the proposed assessment for each identified parcel within the Assessment District shall be calculated and the owner of record of that parcel must be given written notice by mail of the proposed assessment, the amount that is chargeable to the entire district, the amount that is chargeable to the owner’s ’ . 1, PAGE 2 OF AGENDA BILL NO. 1 q, I& ‘, ,P particular parcel, the duration of the payments, the reason for the assessment and how it was calculated together with the date, time and the location of a public hearing on the proposed assessment. That notice shall contain a ballot whereby the owner may indicate his or her support or opposition to the proposed assessment. At the public hearing, the ballots will be tabulated and the assessment not imposed if there is a majority protest. The ballots are weighed according to the financial obligation of the property to be assessed. In addition, the Streets and Highways Code includes language that describes a slightly different process for dealing with protests from assessed property owners. The Code says that if upon the conclusion of the second public hearing, written protests are filed by the owners of more than one-half of the area of land to be assessed, no further proceedings are to be taken for one year unless the protests are overridden by a four- fifths vote of the City Council based on the findings of public health and safety. This appears to provide a second opportunity for protests to the District formation. Until the Legislature can clean up the existing statues, Carlsbad will comply with all existing laws in the formation of Assessment Districts. FISCAL IMPACT: The Carlsbad Ranch Assessment District will fund improvements and related costs totaling approximately $15.6 million. This estimate includes debt issuance costs and the establishment of a 10% Debt Service Reserve Fund. The City will receive reimbursement for certain administrative costs related to the Assessment District on an annual basis estimated to total $50,000 per year. The City is not responsible for the funding of any of the improvements included within the District. The calendar calls for bonds to be sold in July 1997. Unless otherwise directed, staff intends to sell the Assessment District bonds at public sale. The staff is recommending this approach because the favorable image and economic condition of the property makes the Carlsbad Ranch bonds very attractive to the underwriting community. A public sale will provide an opportunity for all interested underwriters to participate on an equal footing in the issue by submitting their competitive bids. The underwriter with the lowest interest costs will be awarded the bonds. Although a public sale is not always the best way to market bonds, particularly bonds backed by a more complex pledge of revenues, it can provide a very efficient way of selling bonds that are readily accepted by the market. The Carlsbad Ranch project already has the improvements in place, development has taken place, and is taking place on the site, and has a very positive image in the financial markets. This should result in the City receiving several very competitive bids for the bonds when they are offered to the market. EXHIBITS: 1. Location Map. 2. Order of Procedure. 3. Modified Engineer’s Report dated April 4, 1997. EXHIBIT 1 ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 95-1 (CARLSBAD RANCH) cm OF cAmsBAD COUNlY OF ShN DIEDO. STATE Of CALlFORNlA LEGEND - 111111~ ASESSNENT Dlsmcl BouNMRY PARCEL LINE I I m I I ZONE BOUNMRY OF ZONES A AND 9 I I I I I I I I I BOUNDARY ZONf C ~~ BouNDANY ZONE D m BOUNDARYZONEDANDDl a ASSESSNENT NuNeER M*MOlllPQMwQIllwMwOICllLYI-vQ #In- W-Or MWOfcyuY -*TmDmDlam -oI-QMwo1Qlliylm~mTa , Ih. -w-w MWQ- Y-wuLMPnMw-aMwor- Wu~alMarrW alllc~~nawaua,u,#nalm s-W- .ILWUPllDn -#lM-WllCVW srrrrnaulDar*a-aM-vw IL -mYImM- UU-DIMOIIIDIQM ~w-rollMuul-wu#urrm UGD-CW~QUUWQW~lyyy waaraf MWOIUIY MM-VW rL.UM*OUar~-r*-~auaY-- WWhPUI:.UWNbWia. ~.*MQIIDQM- -QM-aurraanAnor~ --wlm -awaD m’- -IIunlILICIPIL-- -MSUl~-rpIlDln~W F’s- -QlyDDu(pY- mlwI EXHIBIT 1 ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 95-l (CARLSBAD RANCH) CllY OF ChRISBAD couti’rr OF SW DIEDO. SATE OF CALlFORN~ I EXHIBIT 2 ORDER OF PROCEDURE CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 95-1 (CARLSBAD RANCH) DATE OF FIRST PUBLIC HEARING: MAY 13, 1997 PUBLIC HEARING HEARING REQUIRED PURSUANT TO THE “MUNICIPAL FOR CONSIDERATION: IMPROVEMENT ACT OF 1913” MAYOR: Announce that this is the time and place fixed for the first of two (2) public hearings relating to the proceedings for the formation of ASSESSMENT DISTRICT NO. 95-1 (CARLSBAD RANCH). CITY CLERK: Announce that notice of the Public Hearings has been given as required by law and a Certificate of Compliance is on file certifying the following: - Mailing notice and ballot to property owners within the District - Filing proposed boundary map in office of County Recorder STAFF: - Explain purpose for Public Hearing. - Describe improvements and boundaries of District. - Present and summarize “Report”. - Explain method and formula of assessment spread. - Report on number of written protests received based upon (a) percentage of assessable area and (b) weighted aggregate assessments. - General summary. END OF STAFF REPORT - OPEN FOR PUBLIC DISCUSSION MAYOR: ASK EACH SPEAKER TO IDENTIFY THEMSELVES AND THEIR PROPERTY. First, ask to hear from anyone who wishes to speak against the improvement or the Assessment District. Then, ask to hear from anyone who wishes to speak in favor of the proceedings. General Discussion. NOTIFY THE AUDIENCE THAT NO ACTION WILL BE TAKEN AT THE CONCLUSION OF THIS PUBLIC HEARING, AND GIVE THE DATE, TIME AND PLACE FOR THE SECOND PUBLIC HEARING. 2ND PUBLIC HEARING: JUNE 3, 1997 , ’ , EXHIBIT 3 CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 95-I (CARLSBAD RANCH) MODIFIED PRELIMINARY ENGINEER’S REPORT APRIL 4,1997 Prepared by: GALEN N. PETERSON Consulting Engineer San Diego, California (619) 487-7000 , * . . TABLE OF CONTENTS ENGINEER’S REPORT PART PAGE 1 PLANS AND SPECIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l-1 2 COST ESTIMATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...*.. . . . . . . . . . . ..*...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1 3 ASSESSMENT ROLL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-l 4 ASSESSMENT DlAGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-1 5 DESCRIPTION OF WORK AND RIGHTS-OF-WAY 7I BE ACQUlRED ._......,...............,....... ._,................,...._......... . . . . . . . . . . . . . . . 5-l 6 PROPOSED MAXIMUM ANNUAL ASSESSMENT FOR ADMINISTRATION AND COLLECTION OF ASSESSMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1 i 0 7 . . * 1 I AGENCY: PROJECT: TO: CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 95-l (CARLSBAD RANCH) CITY COUNCIL CITY OF CARLSBAD COUNTY OF SAN DIEGO STATE OF CALIFORNIA MODIFIED PRELIMINARY ENGINEER’S REPORT PURSUANT TO THE PROVISIONS OF SECTION 10204, ET. SEQ. OF THE STREETS AND HIGHWAYS CODE Pursuant to the provisions of the “Municipal Improvement Act of 1913”, being Division 12 of the Streets and Highways Code of the State of California and in accordance with the Resolution of Intention, being Resolution No. 97415, adopted by the CITY COUNCIL of the CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, in connection with the proceedings for; ASSESSMENT DISTRICT NO. 95-l (CARLSBAD RANCH) (hereinafter referred to as the “Assessment District”), I, GALEN N. PETERSON, the duly appointed ASSESSMENT ENGINEER, submit herewith the “Report” for the Assessment District, consisting of six (6) parts as follows: PART 1 Plans and specifications for the proposed improvements are filed herewith and made a part hereof. Said plans and specifications are on file in the Office of the City Clerk. PART 2 An estimate of the costs of the proposed works of improvements, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto, and are on file in the Office of the City Clerk. Sheet 1 of 3 PART 3 A proposed assessment of the total amount of the costs and expenses of the proposed improvements upon the several subdivisions of land within the Assessment District, in proportion to the estimated benefits to be received by such subdivisions, respectively, from said improvements, is set forth upon the assessment roll filed herewith and made a part hereof. PART 4 A diagram showing the Assessment District, the boundaries and the dimensions of the subdivisions of land within said Assessment District, as the same existed at the time of the passage of the Resolution of Intention, is filed herewith and made a part hereof. PART 5 A general description of the works of improvement to be installed in said Assessment District and.description of all rights-of-way, easements and lands to be acquired, if necessary. PART 6 P proposed maximum annual assessment for administration and collection of assessments. 4 Dated this 4 day of 4gfi/ , 1997. GALEN N. PETERSON, P.E. A- /ASSESSMENT &GINEER CITY OF CARLSBAD COUNTY OF SAN DIEGO STATE OF CALIFORNIA Sheet 2 of 3 PRELIMINARY APPROVAL BY THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ON THE Zg4DAY OF /dARLH , 1997. CITY OF CARLSBAD COUNTY OF SAN DIEGO STATE OF CALIFORNIA MODIFIED PRELIMINARY APPROVAL BY THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ON THE /Fti DAY OF $&/?/,c. ,1997. - CITY CLERK OF THEi \ CITY OF CARLSBAD COUNTY OF SAN DIEGO STATE OF CALIFORNIA FINAL APPROVAL BY THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ON THE -OF , 1997. CITY CLERK OF THE CITY OF CARLSBAD COUNTY OF SAN DIEGO STATE OF CALIFORNIA Sheet 3 of 3 ENGINEER’S REPORT PART 1 CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 95-l (CARLSBAD RANCH) PLANS AND SPECIFICATIONS The plans and specifications for this Assessment District are referenced herein and incorporated as if attached and a part of this Report. The improvement plans as well as contract documents and technical specifications were prepared by the following consultants: O’Day Consultants Crosby Mead Hunsaker & Associates Nolte Part l-l ENGINEER’S REPORT 1 PART 2 CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 95-l (CARLSBAD RANCH) COST ESTIMATE ITEM _... . Public Works of Construction (See Exhibit “A”) Contingencies Total Construction I. Acquisition of Special Assessment Lien (A.D. 86-l) #. Land & Right-of-Way ‘. Payments . Incidentals a. Engineering b. Soils Engineering c. EnvironmentaUArchaeology/Paleontology Consultant d. Construction Management and Administration e. City Plan Check Fees f. City Inspection/Permit Fees g. Design Surveys and Construction Staking h. City Administration i. Assessment Engineering j. Audit of Acqursition Costs k. Bond Counsel I. Appraisal m. Financial Advisor n. Official Statement o. Fiscal/Paying Agent p. Printing Bonds q. Publication and Miscellaneous Costs r. Contingency Total Incidentals Less Interest Earned Less City Contributions Capitalized Interest Financing Costs BondDiscount @ 2% Bond Reserve 0 lOor Total Financing Costs TOTAL AMOUNT ASSESSED PRELIMINARY dODlFlED PRELIL $ 8,444,085 $ 8,869,697 323.327 - 361,437 $ 8.767.405 $ ‘713:968 $ 9.231.134 $ '713:968 $ 947,071 b 947,071 160,420 160,420 535,773 535,773 224,143 224,143 242,372 242,372 654,177 654,177 626,849 626,849 50,000 50,000 . 50,000 50,000 25,000 25,000 50,000 50,000 14,000 14,000 50,000 50,000 15,000 15,000 10,000 10,000 10,000 10,000 10,000 10,000 100.000 3.774.805 I . C 6 301,277 311,816 1,506,384 1,559,060 6 1.807.661 ? 1.870.896 6 15.063.840 i 15,590.803 100,000 6 3.774.805 C C * CONFIRMEI: Part 2-1 ENGINEER’S REPORT EXHIBIT “A” TO PART 2 CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 95-l (CARLSBAD RANCH) PUBLIC WORKS OF CONSTRUCTION COST ESTIMATE _ t- ITEM PRELIMINARY ~ MODIFIED PRELIM. CONFIRMED A. Acauisition of ImwaMments ! I (See aeparam doamantfor detahd costs) 1. ArmadaDrive 2. Cannon Road from end to Armada Dr. 3. Pabrnar Airport Road 4. Roundabout and Leao Drive I$ 3,427,684 I $ 3.427.684 I I 1.284,471 ! 1,284,471 i ! 1.440,657 ! 1,866,269 I 994.057 I 994.057 : \ 5. Lego Drive Storm Drain 730:463 7301453 I 6. Pmmenade I 700,462 700,462 ! 7. Waterline R&cation I 186.642 165.642 1 SUBTOTAL 1 $ 8,763,416 ! $ 9.189.028 I LESS STORM DRAIN COSTS IN EXCESS OF FEES! 319.331 I 319.331 ! TOTAL1 g 8.444.086 I % 8.889697 ’ Part 2-2 ENGINEER’S REPORT PART 3 CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 95-l (CARLSBAD RANCH) ASSESSMENT ROLL WHEREAS, on March 251997, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, did, pursuant to the provisions of the “Municipal Improvement Act of 1913”, being Division 12 of the Streets and Highways Code of the State of California, and as amended, adopt its Resolution of Intention No. 97415, for the construction of certain public improvements, together with appurtenances and appurtenant work in connection therewith, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 95-1 (CARLSBAD RANCH) (hereinafter referred to as the “Assessment District”); and, WHEREAS, said Resolution of Intention, as required by law, did direct the appointed Superintendent of Streets to make and file a “Report”, consisting of the following: :: :: e. f. Plans; Specifications; Cost estimate; Assessment Diagram showing the Assessment District and the subdivisions of land contained therein; A proposed assessment of the costs and expenses of the works of improvement levied upon the parcels and lots of land within the boundaries of the Assessment District; A proposed maximum annual assessment for administration and collection of assessments. For particulars, reference is made to the Resolution of Intention as previously adopted. Part 3- 1 NOW, THEREFORE, I, GALEN N. PETERSON, the duly appointed ASSESSMENT ENGINEER,. pursuant to the “Municipal Improvement Act of 1913”, do hereby submit the following: I. Pursuant to the provisions of law and the Resolution of Intention, I have assessed the costs and expenses of the works of improvement to be performed in the Assessment District upon the parcels of land in the Assessment District benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is attached hereto. 2. As required by law, a Diagram is hereto attached as Part 4 of this Report, showing the Assessment District, as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said District as the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions of land or parcels or lots respectively have been given a separate number upon said Diagram and in said Assessment Roll. 3. The subdivisions and parcels of land, the numbers therein as shown on the respective Assessment Diagt am as attached hereto, correspond with the numbers as appearing on the Assessment Roll as contained herein. 4. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with Division IO of the Streets and Highways Code of the State of California (the “Improvement Bond Act of 1915”), to represent all unpaid assessments, and the last installment of said bonds shall mature a maximum of THIRTY-NINE (39) YEARS from the 2nd day of September next succeeding twelve (12) months from their date. Said bonds shall bear interest at a rate not to exceed the current legal maximum rate of 12Or6 per annum. 5. By virtue of the authority contained in said “Municipal Improvement Act of 1913”, and by further direction and order of the legislative body, I hereby make the following Assessment to wver the costs and expenses of the works of improvement for the Assessment District based on the costs and expenses as set forth below: Part 3- 2 . . , ‘ 6. AS PRELIMINARY AS MODIFIED AND AS APPROVED PRELIMINARY CONFIRMED APPROVED Estimated Cost of Construction and Acquisition $9,481,374;00 $9,945,102.00 Estimated Incidentals, Payments, Right of Way, and Financing cost $5,582,466.00 $5,645,701.00 Estimated Total Project Cost Less Estimated Cash Contributions $15,063,840.00 $15,590,803.00 $0.00 $0.00 Less Interest Earned During Construction $0.00 $0.00 Balance to Assessment $15,063,840.00 $15,590,803.00 For particulars as to the individual assessments and their descriptions, reference is made to Exhibit “A” to Part 3 attached hereto. The Method and Formula of Assessment Spread is as set forth in Exhibit “B” io Pari 3: which is attached here& referenced and so incorporated. DATED: ,1997 / GALEN N. PETERSON, P.E. -~ ENklNEER CITY OF CARLSBAD w STATE OF CALIFORNIA Part 3- 3 ‘. , ‘ I, LLOYD B. HUBBS, CITY ENGINEER, acting as SUPERINTENDENT OF STREETS of the CITY OF CARLSBAD, CALIFORNIA, do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the day of , 1997. CITY ENGINEER CITY OF CARLSBAD STATE OF CALIFORNIA I, ALETHA L. RAUTENKRANZ, as CLERK, of the CITY OF CARLSBAD, CALIFORNIA, do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was approved and confirmed by the City Council on the day of , 1997. CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA I, LLOYD B. HLkBS, CITY ENGINEER, acting as the SUPERINTENDENT OF STREETS of the CITY OF CARLSBAD, CALIFORNIA, do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was recorded in my office on the day of , 1997. CITY ENGINEER CITY OF CARLSBAD STATE OF CALIFORNIA Part 3- 4 Assessment Number Owner 1 CB Ranch Enterprises 2 Craig Realty Group - Carisbad, LLC 3 Carlsbad Ranch Co., L.P. 4 Carlsbad Ranch Co., L.P. 5 Carlsbad Ranch Co./Carlsbad Estate Holding, Inc. 6 Carfsbad Ranch Co., LP. 7 Carlsbad Ranch Co., LP. 8 Carlsbad Ranch Co., L.P. 9 Carisbad Estate Holding, Inc. 10 Carlsbad Ranch Co., L.P. 11 National Association of Music Merchants, Inc. 12 Carisbad Ranch Co., LP. 13 Carisbad Estate Holding, Inc. 14 Carisbad Estate Holding, Inc. 15 Carisbad Ranch Co., L.P. 16 Carlsbad Estate Holding, Inc. 17 Carlsbad Estate Holding, Inc. 18 Carlsbad Ranch CaJCarisbad Estate Holding, :nc. 19 Carkbad Ranch Co./Carlsbad Estate Holding, inc. 20 Craig Realty Group - Carisbad, LLC 21 Gemological lnstiiute of America, Inc. 22 Carlsbad Ranch Co., L.P. ENGINEER’S REPORT EXHIBIT “A” TO PART 3 CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 95-l (CARLSBAD RANCH) ASSESSMENT ROLL TOTAL Assessment Amount Preliminary Modified Prelim. Confirmed S 40,779.oo $ 40,779.oo $ 1,028,416.00 5 1,221,552.00 $ 34,564.OO $ 34,564.oo $ 864,013.OO $ 864,013.OO $ 102.090.00 $ 102,090.00 $ 520,722.OO $ 523,197.oo $ 521,625.OO $ 524,104.OO $ 436,793.oo $ 438,869.OO $ 337465.00 $ 361,654.OO $ 604,491 .OO $ 631,656.OO S 528,176.OO $ 549,831.OO $ 507,211.OO $ 527,352.OO $ S $ 285,,58.00 $ 305,599.oo $ 291,064.OO 8 311,928.OO S $ $ 1,466,432.00 $ 1,466,432.00 S 3,784,506.09 .S i 3,914 215.X $ 3 $ 690,OOl.OO $ 819,583.OO $ 1,466,739.00 $ 1,466,739.00 -1.553.595.00 $ 15,063,840.00 $ 15,590,803.00 Part 3 - Exhibit A-l ENGINEER’S REPORT EXHIBIT “B” TO PART 3 CITY OF CARLSBAD ASSESSMENT DISTRICT NO. (Car&bad Ranch) 95-1 METHOD AND FORMULA OF ASSESSMENT SPREAD The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the “Municipal Improvement Act of 1913”, must be based on the special benefit that the properties receive from the works of improvement. The statute does not specify the method or formula that should be used in any special assessment district proceedings. That responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. For these proceedings, GALEN N. PETERSON, Consulting Engineer, has been appointed to perform the functions of assessment engineer, and attached hereto as Exhibit “C” to Part 3 is a statement of his qualifications and prior experience. The Assessment Engineer then makes his recommendation at the publ.ic hearing on the Assessment District, and the final authority and decision rests with the City after hearing all. testimony end evidence prese.nted at that public hesrjng. Upon the conclusion of the public hearing, the City must make the final decision in determining whether or not the assessment spread has been made in direct proportion to the benefits received. IDENTIFY THE SPECIAL BENEFITS First it is necessary to clearly identify the public improvements, the beneficiaries and the properties that will be receiving special benefit from the works of improvement. The boundary of the assessment district was selected to encompasses the entire development of approximately 447.4 acres, known as the Carlsbad Ranch, in the northwest quadrant of the City of Carlsbad. It is located entirely within the boundary of Local Facilities Management Zone 13. On January 9, 1996, the City Council approved by Ordinance No. NS-344 the Carlsbad Ranch Specific Plan Amendment (Specific Plan 207(A)) for the development of the area within the assessment district. The Carlsbad Ranch Specific Plan Amendment was also approved by the Coastal Commission on April 11, 1996. This Specific Plan Amendment defines the allowable type and intensity of land use and provides detailed development and design standards and criteria. The proposed land Part 3 -‘EXHIBIT B - 1 uses as well as other development criteria is summarized in the table shown below. Assessment No. Land Use 1 2 (2) 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 16 19 20 (2) 21 22 TOTALS RAN for Roads -Total 4 Retail Golf GIA Golf R&D/Office R&D/Office R&D/Office R&D/Office R&D/Office R&D/Office R&D/Office Street R&D/Office R&D/Office Open Space Resort Leg0 Lego Drive Retail GIA Hotel Net Acres 53.80 15.95 45.60 10.87 26.45 5.77 5.78 4.84 4.00 4.95 4.04 3.79 1.97 3.38 3.45 10.00 52.88 128.32 0.68 10.70 17.76 10.47 425.65 21.75 447.40 ADT (11 0 8,977 0 2,395 600 1,443 1,445 1,210 1,000 1,238 1,010 948 0 845 863 0 7,500 8,182 0 6,023 2,305 3,600 49,582 (1) Average Daily Trips (ADT) is from the Final Program EIR and per “Traffic Study for the LEGOLAND Carlsbad” by Kaku Associates, inc. April 1994. (2) The size of building and amount of ADT was amended and reduced. The allowable uses of the various properties within the assessment district were reviewed. In addition, the development standards, requirements and policies of the City of Carlsbad related to these improvements were considered. The special benefit derived by the properties within the proposed boundary of the assessment district is the acquisition and construction of the public improvements which will enable the properties to be developed. The public improvements include street, water, sewer, reclaimed water and drainage improvements. Presently, development is not possible because of the lack of these facilities. A portion of the improvements, specifically the construction of the north side of Cannon Road, is a specific benefit to property that is not within the boundary of Part 3 - EXHIBIT B - 2 the assessment district. The cost of this portion of the improvement that will benefit others has not been included in the assessments. An “Agreement for the Acquisition, Construction and Financing of Certain Public Improvements Assessment District No. 95-I (Carlsbad Ranch)” was entered into on January 15, 1996, between the City and Carlsbad Ranch Company that describe the eligible improvements included in this assessment district. PUBLIC PARCELS There are no publicly owned parcels within the boundary of the assessment district. In making this analysis, it is necessary that the property owners receive a special benefit to their property as distinguished from that of the general public. The special benefit is different for most parcels in the assessment district because of several factors including location of the parcel in relation to the improvements and whether or not they have direct access to the improvements as well as the development potential of each parcel which determines the benefit from the improvements. All of these factors have been taken into account in the apportionment of the cost to each parcel in the assessment district as described below. A. Benefit Zones Five zones of benefit have been established to spread the costs of similar benefit within each zone. These five benefit zones are shown on the Assessment Diagram and described as follows: 1. ZONE A includes those parcels in the northern portion of the assessment district that benefit from the Cannon Road improvements. 2. Zone 6 includes those parcels in the southern portion of the assessment district that benefit from the Palomar Airport Road improvements 3. Zone C includes those parcels in the southern portion of the assessment district that benefit from the acquisition of the existing lien for previous Assessment District No. 86-I (Palomar Airport Road West). Assessment number I8 (formerly identified as Assessors parcel numbers 21 I - 021-19 and 212-041-05) is not included in this zone since it will be responsible for reimbursement to the City for costs that the City contributed to A.D. No. 86-I for that assessment number. Part 3 - EXHIBIT B - 3 4. Zone II includes those parcels in the central portion of the assessment district that benefit from the Armada Drive and Lego Drive common improvements. The term ‘common improvements” is used to refer to full width grading of the roadway, the paved inside lanes, the paved outside lanes that are not adjacent to parcels in zone DI , median curbs, water, sewer, reclaimed water,_ and the traffic signal at Cannon and Lego Drive. 5. Zone Dl includes those parcels adjacent to Armada Drive that receive driveway access from Armada Drive and benefit from the Armada Drive frontage improvements. The term “frontage improvements” is used to refer to, the paved outside lanes adjacent to these parcels, outside curb and gutter, sidewalk, street lights, landscaping and irrigation, median hardscaping, and other frontage improvements adjacent to these parcels that would normally be required of development projects. The following table summarizes the assessment numbers that are within each zone identified above. Zone of 1 Assessment Numbers in Zone Benefi A 3,4,5,6,7,8,16,17,19,21 B 1,2,9,10,11,12,13,14,15,18,20,22 C 1,2,9,10,11,12,13,14,15,20,22 D 4,6,7,8,9,10,11,12,13,14,15,18,21,22 DI. ~4,10,11,1?,21,22 B. ASSESSMENT CRITERIA The specific assessment criteria for spreading the cost of the various improvements within the assessment district is described as follows: 1. Cannon Road Cannon Road is being constructed to major arterial standards with four traffic lanes and a raised median within a 102 foot right-of-way. Zone A of the assessment district is within the boundary of a proposed Bridge and Thoroughfare District described in a report titled “Bridge and Thoroughfare Fee Study Report for Cannon Road West,, which is dated December I I, 1995. This report makes a recommendation to collect a facility fee based on average daily trips (ADT) within the boundary of the Bridge and Thoroughfare District for the “common improvements,, as described in the report. The recommended amount of the facility fee is $73 per ADT. The report also recommends that a developer who designs and/or constructs any of the improvements covered by the fee program may be eligible for credit and/or reimbursement, subject to the approval of the City Council. Par-l 3 - EXHIBIT B - 4 Based on the above, the cost of the Cannon Road improvements will be spread to the benefiting parcels within Zone A as follows: The “common improvements” as described in said Bridge and Thoroughfare District Report will be assessed based on ADT to the parcels in Zone A. These parcels will receive a credit for the amount of “common improvements” included in the assessment district. These parcels will pay their remaining fee at the time of obtaining building permits for the remaining costs of Cannon Road “common improvements”. The cost of “frontage improvements” as described in said report and which are eligible for assessment district financing that are located on the south side of Cannon Road will be assessed based on ADT to the parcels in Zone A. The cost of “frontage improvements’ on the north side of Cannon Road are not assessed since they are the responsibility of adjacent property owners that are not included in this assessment district. 2. Palomar Airport Road Palomar Airport Road is proposed to be widened at intersections and for right turn pockets, a sidewaik is to be constructed, the utilities are to be relocated, the overhead electric lines are to be located underground, the traffic signals and the center medians are to be modified and enhanced. These improvements will be assessed hased an ADT to ail benefiting p%rcc?!s in lone B. 3. Acquisition of Special Assessment Liens for A. D. No 86-I Assessment District No. 86-I previously financed improvements to Palomar Airport Road. Liens for A.D. No. 86-I are currently outstanding on several parcels within the boundary of this Assessment District No. 95-I. These existing liens will be acquired by this A.D. No. 95-I and assessed to parcels in Zone C based on the ADT of the parcels. 4. Armada Drive and Leqo Drive to Roundabout Armada Drive is proposed to be constructed from the Roundabout in Lego Drive to Palomar Airport Road with four traffic lanes, bike lanes, sidewalk, a raised median in some portions of the roadway, water, sewer, reclaimed water and storm drain facilities. Lego Drive, with similar proposed improvements, is to be constructed from Cannon Road to Armada Drive. The “common improvements”, as described in Zone 0 above, will be assessed based on ADT to all benefiting parcels in Zone 0. The “frontage improvements”, as described in Zone 01 above, that are adjacent to parcels in Zone 01 will be assessed based on the number of driveways which provide access to each parcel from Armada Drive Part 3 - EXHIBIT B - 5 and Lego Drive. The storm drain improvements are assessed separately as described in the following paragraph 6. 5. Roundabout and Leqo Drive (Southern portion) The cost of the Roundabout improvements that pertain to the southern part of Lego Drive and the public portion of the southern part of Lego Drive from Armada Drive to assessment number I8 will be assessed to assessment number I8 since they are a specific benefit to only this one parcel. 6. Storm Drain Public storm drain improvements are proposed to be located in Armada Drive and in an easement in the private portion of Lego Drive. These storm drain improvements will benefit all of the parcels, except assessment numbers 2, 4 and 20 which are in a separate drainage basin, and will be assessed on the basis of the number of acres in each parcel. The number of acres will be further adjusted for either low runoff or high runoff based on land use as described in the report titled “Master Drainage and Storm Water Quality Management Plan” dated March 1994. The cost of the improvements to be assessed will not exceed the aggregate cost of the Planned Local Drainage Area (PLDA) fees for these parcels. Parcels not assessed include open space, golf course and agricultural parcels (assessment numbers 1’3, 5 and 16) and streets (assessment numbers I3 and 19). 7. Existinq Water Line to be Relocated An existing water line will require relocation during construction of the improvements. The cost of relocating this water line will be assessed to all parcels, except streets, based on the number of acres in the parcel since that is a measure of the amount of water that each parcel benefits from the water line. 8. Pedestrian Walkway The pedestrian walkway improvements (wide sidewalk, retaining wall, landscaping and benches) are located along the western side of Armada Drive from assessment number 21 to assessment number 22 and continuing in an easement on the western and southern side of assessment number 22 to the southeastern comer of assessment number 22 at Armada Drive. The pedestrian walkway directly benefits those parcels in the immediate vicinity of the walkway. However, the pedestrian walkway will also be used to view the flower fields that are grown on assessment number I during an eight week period of the year. The land in assessment number I is restricted for use in perpetuity as agricultural. The attraction of these flower fields and the use of the pedestrian walkway to view these flower fields will also benefit assessment numbers 2, 3, 4, 5, 17, I8 Part 3 - EXHIBIT B - 6 and 20 for an eight week period during the year. Therefore, these proposed pedestrian walkway improvements will be assessed to all parcels in the assessment district based on the ADT of the parcel further adjusted by a factor of 8/52 times the ADT for assessment numbers 2, 3’4, 5, 17, I8 and 20; but no adjustment for the remaining assessment numbers. A credit has been applied to assessment number 22 for the cost of a portion of the improvements (sidewalk and sod) that were not completed along the west and south side of this parcel. When the owner of this parcel develops, they will be required to complete these improvements at their own expense. 9. Incidental Expenses Incidental expenses will be distributed to those appropriate improvements numbered I through 8, as identified in the preceding paragraphs, or prorated to each improvement as applicable in accordance with that improvement’s share of the total cost. 10. Financina Costs Bond Discount, Reserve Fund and Capitalized Interest will be prorated to each assessment number in accordance with that assessment number’s share of the total cost. 11. Nil Assessments Three parceis within the assessment district have been given a zero assessment. Two of these parcels, assessment numbers I3 and 19, are private streets used for access to adjoining ,parcels and can not be built upon. The remaining parcel, assessment number 16, is an open space parcel which has no benefit from the improvements. SUMMARY In conclusion, it is my opinion that the assessments for the above referenced assessment district are spread in direct proportion with the special benefits which each parcel receives from the works of improvement. Dated this hY day of Dr,-/ , 1997. / / GALEN N. PETERSON, P.E. ASSESSMENT ENGINEER CITY OF CARLSBAD STATE OF CALIFORNIA Part 3 - EXHIBIT B - 7 -. ENGINEER’S REPORT EXHIBIT “C” TO PART 3 GALENN. PETERSON, P.E. Prfncipel PROFESSIONAL EXPERIENCE During his 36-year career, Mr. Peterson has assumed an increasing amount of manage- ment responsibilities, culminating in the establishment of his own engineering firm. He has assisted many clients throughout Southern California and Nevada. Mr. Peterson is a registered Civil Engineer and has been active in all phases of the planning, design and construction management of diverse public worlcs facilities. In addition, he has been instrumental in assist- ing clients in obtaining project funding through the formation of special assessment districts as well as the administration of various federal, state and local grants and loans. Representative projects for which Mr. Peterson has served or is cunently serving as Assessment Engineer, Special Tax Consultant or Project Manager include: Assessment Disfrkts . 9 .Qsessment District No. 93-l for the Vslf: . . ley Center Muntcipal Water District to finance $1 .l million of preliminary expen- ses, including design costs, of a total $17.4 million project to expand the Lower Moosa Canyon Wastewater Treatment Plant. A second part of the assessment district will assess the remaining $16.3 million in costs, including construction, to the benefiting properties. 9 Assessment District No. ml for the Val- ley Center Municipal Water District to fund the wastewater capacity charges for a new development known as ‘Treasurers at Castle Creek‘. 9 Assessment District No. 96-2 for the Val- ley Center Municipal Water District to finance a low pressure sewer collection system in a hilly area of the District. 9 Assessment District No. 92-1 (Hacienda Santa Fe/Ranch0 Del Rio Sewers) for the Ranch0 Santa Fe Community REGlSlRATlON CalIll, 1968, Civil Engmaaf Rcgismtion No. 18364 Newada, 19%. Civil Enganaer Registmtbm No. 12333 EDUCATlON B.S., 1962, CM EngimMng. South Dakota Stata UniwMy, Brookurgs. South Dakota AmerimSocielyofCiiEngineem American Public Works AssomMn Chi Epsikn Won-W Sl Tau (Hanwary) Services District which financed a $7 million sewage collection system. 9 Assessment District 93-1, (La Zanja Canyon) located in the Ranch0 S;lnta Fe area, to fund a $4.6 million sewage w!lection sfiem for the Whisp,?ring Palms Community Services District. 9 Stonecrest Development Assessment District for the City of San Diego to fund backbone facilities, including storm drains, water and sewer system, street improvements and a freeway interchange for industrial, research and development (R&D) and general office building wm- plexes. The project involved a phased bond issue for an estimated $101.3 mil- lion in funds. 9 Tierrasanta Norte Assessment District for the City of San Diego to fund over $21.0 million of water, sewage collection and storm drainage and street improvements. 9 Fonation of one assessment district to provide funding for infrastructure improvements to the Batiquitos Lagoon Education Park, a mixed-use community located on 167.9 acres, for the City of Carlsbad (project was ultimately suspended by client). PETERSON > Assessment engineering services to fund approximately $5.1 million for street wid- ening, traffic control, street lighting, water lines and drainage facilities for Assess- ment District 88-1, Palomar Airport Road, for the City of Cartsbad. > Assessment engineering services to fund approximately $31.2 million for street and public works improvements for Assess- ment District 85-1, Cannon Road, for the City of Carlsbad. Improvements included widening Cannon Road for approximately 4.5 miles: water, drainage, telephone, gas and electric facilities: and sewerage system improvements, including pump station, force main and 8- to 36inch sewer lines. > Assessment District No. 98-l (Carlsbad Ranch) to finance approximately $15 million of street, water, sewer, reclaimed water, landscaping, storm drain and pedestrian walkway improvements for the de:!.~lopmsnt which contains LEG0 ikND in the City of Carts&d. I+ 1989 Auto Mall Assessment District for the City of Hemet. p Barton Commercial Center Assessment District No. 91-1 for the City of Redlands. b Fourteen separate assessment districts for a sewage collection system and 3.0 MGD regional wastewater treatment facilities for the Yucaipa Valley Water District. b Four assessment districts for the Eastern Municipal Water District providing approximately $19 million for the con- struction of water and sewerage facilities for the Dutch Village, Homeland/Green Acres, Stagecoach and Pigeon Pass areas within the District. Refunding Assessment Distrfcts b Assessment District 8%PD-R for the City of Ranch0 Cucamonga. b Assessment District 14 and Assessment District 15 for the City of Big Bear Lake. b Assessment District 2-R for the Baldy Mesa County Water District. b City of Corona, Assessment District No. 79-2 (Northeast Area). Community Facilities Disttfcts b b .*. b b b District-wide capital project financing pro- gram utilizing 1982 Mello-Roos CFD pro- ceedings to finance $109 million of public works for the Carl&ad Unified School District. East Highland Schools CFD to finance approx. $15.0 million in construction of new school facilities for the Redlands I rnified SchocI Gi.%ct. .I .I City-wide capital project financing pro- gram utilizing Mello-Roos CFD Act pro- ceedings to finance $103.4 million of public works facilities for the City of Carlsbad. Special tax consulting services to finance over $230 million of public street improvements, water, wastewater, parks, schools and fire facilities for Las Flares Ranch CFD in the City of Hesperia. Project management services for the City of San Marcos for the following CFDs: w CFD 91-01, Twin Oaks Valley Ranch, to improve channel, street and school facilities to serve a 300- acre residential development and golf course. PE7ERSON D CFD 91-02, to provide funding for police and fire protection services. n CFD 91-3, Costa del Sol, to improve streets, drainage, water, sewer and park facilities serving a 400-acre residential development and golf course. Landscaping and Lighting Maintenance Districts b Landscape Maintenance Did No. 88- 1, comprised of a total of approximately 53,000 parcels (35,700 of which are as- sessed), for the Valley-Wide Recreation and Park District to financing the con- struction, operation, maintenance and servicing of landscaping, planting, shrub bery, trees, turf, irrigation systems, entry monuments, ha&capes, walls, site light- ing, playground equipment and public restrooms. b Three separate Landscape Maintenance Districts fcr the Ci?y of Escondido: l Maintenance District 1, Reidy Creek, for an irrigation system as well as aquatic, ripanan and upland land- scaping. w Parkwood Landscape Maintenance District for various subdivided tracts. n Ranch0 Verde Landscape Mainte- nance District for entry way to resi- dential subdivision. b City of Corona Landscaping/Street Light- ing Maintenance District Nos. 84-1 and 642. Financial Plans and Developer Fee Programs b South Corona Facilities Plan, Developer Fee Program and formation of two wm- munity facilities district (CFDs 89-l and 90-l) for the City of Corona to finance the wnsttuction of streets, traffic signals, drainage, water, sewer, parks and emer- gency facilities (fire protection), landscaping, Community Facilities Plan (CFP) reimbursement and administration fees. b Financing alternatives and implementation plan for the SR-125 Corridor Toll Road Feasibility Study (subconsultant to prime) for the City of Chula Vista, including an assessment of the impacts of the proposed toll road on the community and assistance in identify- ing possible financing methods. b Financing plans for water and sewerage facilities for the Mission Springs Water District (District Engineer, 1969 to Pre- sent), the most recent of which was for the Olympus Golf Club (December 1993), and the formation and imple- mentation of seven separate assessment district, three of which were financed through federal and state grant/loan pro- grams. b Various preliminary financing reports and the formation of eight separate assess- ment districts for the County of San Diego as Assessment Engineer under three one-year contracts (renewed consecutively) for public financing ser- vices. b Financing plan for the acquisition of the Crestmore Heights Mutual Water Com- pany by the West San Bernardino County Water District, which recommended the formation of an assessment district and a Farmers Home Administration loan. 6!zl f ^--. . . .- PE7ERSON b Northeast Area Planning, Technical and Funding Report for the City of Corona, including project phasing rewmmenda- tions for the construction of “backbone” infrastructure to serve approximately 1,480 acres of land for residential, wm- memial and light-industrial use, and the formation and implementation of Assess- ment District No 79-2. b Two public works financing plans for the City of San Marcos, including the Heart of the City Financing Plan (November 1993) and University Village Financing Plan (September 1993). b Financing plan and special tax consultant services (CFD 93-3) for Foothill Market Place, a new commercial development for the construction of $50 million of street, water, sewer, storm drain and landscaping improvements for the City of Ranch0 Cucamonga. b Financing plan and assessment engineering ~erviws for the Ranchems Road commercial development (AD l- 1985) for the City of San Marcos. b Financing plan and assessment engineering services for the Railroad Street industrial development project (AD 88-l) for the City of Corona. Bridge and Thoroughfare Districts b City of Cansbad, Bridge and Thoroughfare District No. 1 within a majority area of the City. b City of Carlsbad, Bridge and Thoroughfare District No. 2 for construction of Aviara Parkway and Poinsettia Lane. Tax Roll Billings Mr. Peterson has also directed and supervised the preparation of annual property tax roll billings for clients throughout Southern Califor- nia, advising team members and consulting with client representatives and legal counsel throughout the process. Assignments specific to Fiscal Year 1998-97 were completed for the following clients: b b b b b b b b b b b b b BearValleyCommunity HealthcareDistrict. Carlsbad Unified School District City of Corona City of Penis City of San Marws EIsinore Valley Municipal Water District Elsinore Water District Mission Springs Water District Rainbow Municipal Water District Ramona Municipal Water District Ranch0 Santa Fe Comm. Services Dist. San Dieguito Union High School District Santa Rosa Community Services District ENGINEER’S REPORT PART 4 CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 95-1 (CARLSBAD RANCH) ASSESSMENT DIAGRAM A reduced copy of the Assessment Diagram is attached hereto and is a part of the Engineer’s “Report”. A full size copy of the Assessment Diagram is on file with the City Clerk. Part 4-1 ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 95-l ( CARLSBAD RANCH) Cl7Y OF CARlSAD COUNVY OF SAN OKDO. STATE OF CALl- LEGEND - 6 1111)111 ASESMNVDlSTWlBOUN~ PAWRUNE mImII ZONE Bou)(Du1 OF ZONLf A AND B I I I I I I I I I BOUNDARY ZONE c ~~~ BwNDmY2owE0 VICINITY hfAf p!&gzJJ 9WNMRYZMDANDDl mmOu 0 18 -NuyBcR sEEsHEr ManRmwMatTPDIwltaatrwMnw~w .lI, am-w MarfWM VI1y-WtW -w-wtmawwMmm~MTw . In-. Y-ws-wneaw-wrrwM UOUIIDQMATW a la!!=? - ff*r a ttw Inn- I-Y- lDDlDa(M-WMB01 -wsmatTw-aM-Tw -a-mtuara-wcmt~ .tIL -aurmnm-a vU*MwnawM UID-UOImwUwaMUIIY UWWW IyatTWM W-slTW .IL.Utu*DIw--~a ---.*1-m-. *IyQIlowtu- -rrlWIwvrrWOYIII- -wTm-wsmnwAlcw- --wlm aoyIIWWt#OD ms- -WvroltLnm - F’ais- -tNYoo1---~ -WcIIDpucIYB et011 ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 95-1 (CARLOAD RANCH) CllY OF CAltUMD COUNlY OF SAN DIEDO. STATE OF CAUFDRNlA -wyoItt.e-- -myI--- - A f’s=@ -wmuIIa- - ENGINEER’S REPORT PART 5 CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 95-I (CARLSBAD RANCH) DESCRIPTION OF WORKS OF IMPROVEMENT AND RIGHTS-OF-WAY TO BE ACQUIRED DESCRIPTION OF WORKS OF IMPROVEMENT The proposed works of improvement are generally described as follows: Acquisition and construction of the following items including all necessary appurtenances: 1. Cannon Road, from Car Country Drive to Lego Drive, constructed to major arterial standards with four traffic lanes and a raised median within a 102 foot right-of-way including the following improvements: grading, roadway/surface improvements, water, sewer and landscaping. 2. Improvements to the north side of existing Palomar Airport Drive, from Paseo del Norte to Hidden Valley Road, including the following: grading, roadway/surface improvements including median, traffic signal modification at Paseo Del Norte and Armada Dr., landscaping, relocation of utilities and undergrounding of overhead electric lines. 3. Armada Drive, from Lego Drive to Palomar Airport Road, and Lego Drive, from Cannon Road to Roundabout and end of public right-of-way, constructed with four traffic lanes and raised median in some areas including the following improvements: grading, roadway/surface improvements, traffic signals, streetlights, water, sewer, reclaimed water and landscaping. 4. Storm drain improvements in Armada Drive and in an easement in Lego Drive. 5. The relocation of an existing water line located easterly of Armada _ Drive. Part 5-l c . ’ 6. Pedestrian walkway improvements (wide sidewalk, retaining wall, landscaping and benches) located along the western side of Armada Drive and in an easement along the western and southern side of assessment number 22. 7. Acquisition of the existing lien for Assessment District No. 86-l (Palomar Airport Road West). The proposed work shall also include design engineering services (including preparation of plans, specifications and cost estimates), environmental, archaeology, paleontology, planning studies, surveying and staking, construction management, inspection, financial advisor, assessment engineering, legal and bond counsel services, City administration services and other expenses associated with the work effort. Part 5-2 c9 3+ RIGHT-OF-WAY CERTlflCATE CITY OF CARLSBAD STATE OF CALIFORNIA The undersigned, LLOYD B. HUBBS, hereby CERTIFIES UNDER PENALTY OF PERJURY that the following is all true and correct: At all times herein mentioned, the undersigned was, and now is, the duly appointed City Engineer and authorized representative of the City of Carlsbad, California. That there have now been instituted proceedings under the provisions of the “Municipal Improvement Act of 1913”, being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public improvements in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 95-1 (CARLSBAD RANCH) (hereinafter referred to as the “Assessment District”). THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS: (check one) W a. That all easements, rights-of-way, or land necessary for the accomplishment of the works of improvement for the above referenced Assessment District have been obtained and are in the possession of the City of Carlsbad. 0 b. That all easements, rights-of-way or land necessary for the accomplishment of the works of improvement for the above referenced Assessment District have been obtained and are in the possession of the City of Carlsbad, EXCEPT FOR THOSE set forth in a separate document on file with the City Clerk, and made a part hereof as if included herein, showing the legal descriptions of rights-of-way and easements not yet obtained at this time. It is further acknowledged that works of improvement as proposed to be constructed within said Assessment District must be constructed within public _ rights-of-way, land, or easements as owned by said City at the time of the construction of the works of improvement, and the undersigned hereby further certifies that all rights-of-way necessary for the works of improvement will be Part 5-3 -. obtained and in the possession of the City prior to the commencement of any construction. EXECUTED THIS DAY OF , 1997. CITY ENGINEER CIJY OF CARLSBAD STATE OF CALIFORNIA Part 54 ENGINEER’S REPORT PART 6 CITYOF CARLSBAD ASSESSMENT DISTRICT NO. 95-l (CARLSBAD RANCH) PROPOSED MAXIMUM ANNUAL ASSESSMENT FOR ADMINISTRATION AND COLLECTlON OF ASSESSMENTS A proposed maximum assessment of $75.00 per assessed parcel will be levied upon each of the several subdivisions of land in the district including parcels representing a division of any parcel to pay costs incurred by the CITY OF CARLSBAD and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds. Said annual assessment may be increased over the previous years assessment to account for inflation. Said inflation shall be measured bv the Consumer Price Index of the Bureau of Labor Statistics of the United States Department of Labor for all Urban Consumers, San Diego, California (I 967 = 100) as published by the United States Department of Commerce. Part 6-I 0 37