HomeMy WebLinkAbout2004-09-14; City Council; 17785; Construct Core Improvements Cannon Rd/College Blvdn
4B# 17,785
CITY OF CARLSBAD - AGENDA BILL
TITLE: APPROVAL OF REIMBURSEMENT AGREEMENT AND
ESTABLISHMENT OF A LOCAL BENEFIT DISTRICT TO
DEPT.sr zTx
f n/ REIMBURSE COSTS TO CONSTRUCT CORE IMPROVEMENTS
ON CANNON ROAD AND COLLEGE BOULEVARD MTG. 9/14/04
3EPT. ENG
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2004-293 approving a reimbursement agreement with Calavera Hills II, LLC for reimbursement of costs to design and construct core improvements to Cannon Road Reach 3 and College Boulevard Reach B and C and, establishing a Local Benefit District over the Robertson Ranch West property for the purpose of levying a fee to fund the reimbursement cost.
ITEM EXPLANATION:
As a condition of development for the Calavera Hill Phase II master plan and tentative map, the developer/subdivider, Calavera Hills 11, LLC, is required to construct core improvements for two major arterial roadways. The two arterial roads, presently under construction, include Cannon Road from El Camino Real to College Boulevard (Cannon Road Reach 3) and College Boulevard from Cannon Road to Carlsbad Village Drive (College Boulevard Reach B and C). The core improvements consist of full width grading to major arterial standards, two 18 foot paved travel lanes separated by a raised unimproved median, pavement transition to full City standard major arterial
improvements at the intersections with El Camino Real and College Boulevard, storm drainage facilities, water and recycled water facilities, utility relocations, erosion control landscaping, pavement striping and marking, access roads to existing adjacent land uses and other roadway appurtenances as shown on City of Carlsbad Drawing Numbers 390-9 and 390-9A (Core Improve men ts).
The Core Improvements were included in the recently approved Assessment District 2003-01 - College Boulevard and Cannon Road East (AD 2003-01). The Final Engineer’s Report for AD 2003- 01 identified the properties that derived special benefit from the construction of Cannon Road and College Boulevard East as being the Calavera Hills II Master Plan property, the Robertson Ranch East property (currently owned by Calavera Hills II, LLC) and the Robertson Ranch West property (currently owned by the Robertson Family Trust). The boundary of AD 2003-01 includes the Calavera Hills Phase II Master Plan property and the Robertson Ranch East property but does not include the Robertson Ranch West property. The Final Engineer’s Report for AD 2003-01 established a reasonable methodology for spreading the cost of the Core Improvements to all benefiting properties both within and outside the boundary of AD 2003-01. For purposes of determining benefit and spreading cost to the Robertson Ranch West property, only a fraction of the developable portion of the property fronting on Cannon Road Reach 3 was considered to benefit from the construction of the Core Improvements.
Pursuant to City Code Section 20.16, the City must enter into a reimbursement agreement with a subdivider when the subdivider is required to install improvements for the benefit of the subdivision, which contains supplemental size, capacity or number for the benefit of property not within the
subdivision. City Code further stat9, that City Council shall determine the method of payment of the costs required by the reimbursement agreement which may include but is not limited to the establishment and maintenance of local benefit districts for the levy and collection of such charges or cost from the property benefited. As evidenced by the findings of the Final Engineer’s Report for AD 03-01, the Core Improvements to be constructed by Calavera Hills II, LLC contain supplemental size and capacity that exceed the needs of the Calavera Hills Phase II subdivision and which benefit the Robertson Ranch West property.
The reimbursement agreement attached as Exhibit 3 establishes a prorated share of the total design and construction cost of the Core Improvements for the Robertson Ranch West property. The share of the costs attributed to the Robertson Ranch West property is based upon the methodology established within the Final Engineer’s Report for AD 2003-01. The total reimbursement costs are estimated to be $522,713. The actual reimbursement amount will be determined using the spread methodology described in the Final Engineer’s Report for AD 2003-01 as applied to the actual purchase price of the improvements once construction is complete.
Page 2 of Agenda Bill No. 17,785
The resolution attached as Exhibit 2 includes provision for the establishment and maintenance of a local benefit district. The boundary of the benefit district includes one parcel described as the Robertson Ranch West property. A legal description of the benefiting parcel is attached as Exhibit “B” to the reimbursement agreement. In accordance with City Code, notification of this public hearing was sent to the owner of the benefiting parcel and to the subdivider, Calavera Hills II, LLC, a minimum of ten days prior to the date of this hearing.
By approving the formation of the local benefit area district and accompanying reimbursement agreement, Council is agreeing to use its best efforts to obtain payment of the reimbursement amount from the ownerldeveloper of the benefiting property. Council is also agreeing to condition its
approvals for development of the Robertson Ranch West property to require payment of the reimbursement amount plus a 2% City administrative charge at the earlier of the following: 1) approval of a final map; 2) issuance of a grading permit (excluding grading done for agricultural purposes); or, 3) commencement of construction upon the benefiting property (excluding construction of structures designed to support agricultural operations). Also included, as part of this approval is an annual inflationary adjustment of the reimbursement fee. The annual adjustment will be made at the first of each calendar year using the Engineering News Record Construction Cost Index for the Los Angeles area.
Per the provisions of the proposed reimbursement agreement, the City’s obligation to collect reimbursement from the benefiting property shall terminate upon the earlier of the following dates: 1) the date of collection of the fee and its remittance to the subdivider; 2) on January 31, 2015; or, 3) ten years following the date of City acceptance of the Core Improvements.
FISCAL IMPACT:
Approval of the formation of the local benefit district and accompanying reimbursement agreement
will not financially impact the City. Provisions within the reimbursement agreement state that the City will use its best efforts to collect the reimbursement fee from the benefiting property and that in the event the City does not collect the fee, the City is not obligated to pay the reimbursable amount to the subdivider from any other City funding source. The City’s cost to administer the local benefit district will be compensated through a 2% surcharge on the reimbursement fee charged to the owner/developer of the benefiting property.
EXHIBITS:
1. Location Map
2. Resolution No. 2004-293 approving a reimbursement agreement with Calavera Hills II, LLC for reimbursement of costs to design and construct core improvements to Cannon Road Reach 3 and College Boulevard Reach B and C and, establishing a Local Benefit District over the Robertson Ranch West property for the purpose of levying a fee to fund the reimbursement cost.
2. Copy of Reimbursement Agreement with Calavera Hills II, LLC
DEPARTMENT CONTACT: David Hauser, (760) 602-2739, dhaus@ci.calrsbad.ca.us
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CANNON ROAD REACH 3 AND
COLLEGE BOULEVARD REACHES BAND C
LOCAL BENEFITAREA
NOT TO SCALE // TI BOUNDARY OF PROPOSED LOCAL BENEFITAREA
CANNON ROAD/COLLEGE BOULEVARD CORE IMPROVEMENTS hxq ROBERTSON RANCH WEST PROPERTY
ROBERTSON RANCH EAST PROPERTY
CALAVERA HILLS I1 LLC PROPERTY
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RESOLUTION NO. 2004-293
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A REIMBURSEMENT
AGREEMENT WITH CALAVERA HILLS II, LLC FOR
REIMBURSEMENT OF COSTS TO DESIGN AND CONSTRUCT
CORE IMPROVEMENTS TO CANNON ROAD REACH 3 AND
COLLEGE BOULEVARD REACH B AND C AND, ESTABLISHING
A LOCAL BENEFIT DISTRICT OVER THE ROBERTSON RANCH
WEST PROPERTY FOR THE PURPOSE OF LEVYING A FEE
TO FUND THE REIMBURSEMENT COST.
WHEREAS, the developer/subdivider, Calavera Hills II, LLC (Subdivider), of the Calavera
Hills Phase II Master Plan and Tentative Map (“Subdivision”) has been conditioned to construct
certain core improvements to Cannon Road Reach 3 and College Boulevard Reach B and C
(“Core Improvements”); and,
WHEREAS, the Core Improvements contain supplemental size and capacity for the
benefit of property not within the Subdivision (“Supplemental Core Improvements”); and,
WHEREAS, Section 20.16 of the Carlsbad Municipal Code (“CMC) essentially provides
that the City must enter into a reimbursement agreement with a subdivider to reimburse the
subdivider for that portion of the costs of required subdivision improvements in excess of the
needs created by the subdivision; and,
WHEREAS, a reimbursement agreement between the City of Carlsbad (“City”) and
Subdivider entitled “Agreement for Reimbursement of Costs to Design and Construct Cannon
Road Reach 3 and College Boulevard Reach B and C (“Reimbursement Agreement“) has been
prepared in accordance with Section 20.16 of CMC; and,
WHEREAS, the Core Improvements are included within the list of improvements funded
by Assessment District No. 2003-01 - College Boulevard and Cannon Road East (“AD 2003-01”);
and,
WHEREAS, the Final Engineer’s Report for AD 20003-01 dated July 31, 2003 (a copy of
which is on file at the City Engineer’s office and is incorporated herein by this reference)
established the methodology for spreading the costs of the Core Improvements to the benefiting
properties including those properties not included within the boundary of AD 2003-01 ; and,
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WHEREAS, the property known as the Robertson Ranch West property, owned by the
tobertson Family Trust dated April 19, 1985, Virginia K. Robertson, Trustee Under Declaration of
-rust dated October 8, 1976 and Elsie M. Kelley Irrevocable Trust dated June 19, 1989, is not
vithin the boundary of AD 2003-01, but was identified as a property benefiting from the
:onstruction of the Core Improvements in the Final Engineer’s Report for AD 2003-01 ; and,
WHEREAS, the share of the costs attributed to the Robertson Ranch West property,
)ased upon the methodology established within the Final Engineer‘s Report for AD 2003-01 , is
stimated to be $522,713; and,
WHEREAS, the actual reimbursement amount will be determined using the spread
nethodology described in the Final Engineer’s Report for AD 2003-01 as applied to the actual
iurchase price of the Core Improvements once construction is complete.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
2alifornia as follows:
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2.
3.
That the above recitations are true and correct.
That the Mayor is authorized to execute the Reimbursement Agreement.
That a local benefit area be established over the Robertson Ranch West property
for the purpose of levying and collecting a fee to pay for the cost to construct the
Supplemental Core Improvements (Cannon Road Reach 3 and College Boulevard
Reach B and C Core Improvements Local Benefit Area Fee).
That the owner/developer of the Robertson Ranch West property be required to
pay the Cannon Road Reach 3 and College Boulevard Reach B and C Core
Improvements Local Benefit Area Fee plus a 2% City administrative charge at the
earlier of the following: 1) approval of a final map; 2) issuance of a grading permit
(excluding grading done for agricultural purposes); or, 3) commencement of
construction upon the benefiting property (excluding construction of structures
designed to support agricultural operations).
4.
5. That the Cannon Road Reach 3 and College Boulevard Reach B and C Core
Improvements Local Benefit Area Fee, currently estimated to be $522,713, be
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determined using the spread methodology described in the Final Engineer's Report
for AD 2003-01 as applied to the actual purchase price of the improvements once
construction is complete.
That the Cannon Road Reach 3 and College Boulevard Reach B and C Core
Improvements Local Benefit Area Fee be adjusted annually using the Engineering
News Record Construction Cost Index for the Los Angeles area, commencing on
January 1 of the year following City acceptance of the Core Improvements in
6.
accordance with the provisions as stated in the Reimbursement Agreement.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
ield on the 14th day of September ,2004 by the following vote, to wit:
AYES: Council MembersAwis, Finilla, Kulchin, Hall and Packard.
4TTEST
-0RRAINE M. WOOD, City Clerk (SEAL)
AGREEMENT FOR REIMBURSEMENT OF COSTS TO DESIGN AND CONSTRUCT
CANNON ROAD REACH 3 AND COLLEGE BOULEVARD REACH B AND C
This Reimbursement A reem nt of Construction Costs (“Agreement”) is entered
into as of this /7* day of SeL$fmkd , 2004 by and between Calavera HillsII, a
California limited liability company’ (“Subdivider”), and the City of Carlsbad, a municipal
corporation of the State of California (“City”), with reference to the following:
RECITALS
A. Subdivider owns and is subdividing and developing certain real property
located in City and more particularly described in Exhibit “A attached hereto (the “Calavera
Hills/Robertson Ranch East Property”).
B. Subdivider petitioned the City Council of City and the City has formed a
special assessment district (“Assessment District”) encompassing the Calavera Hills/Robertson
Ranch East Property pursuant to the terms and provisions of the Municipal Improvement Act of
1913, designated as ASSESSMENT DISTRICT NO. 2003-01 (College Boulevard and Cannon
Road East) pursuant to City Council Resolution No. 2003-245 adopted on September 16, 2003.
C. The Assessment District establishes a mechanism to finance the
acquisition of public improvements and to spread the costs of the public improvements among
properties, which will specifically benefit from the improvements based upon the special benefit
received by each such property. The primary improvements proposed to be financed through
the Assessment District include the extension of College Boulevard and Cannon Road, both
important links in the City’s traffic circulation system and designed as major arterials on the
Circulation Element of the City’s General Plan, including appurtenant sewer and water utility
improvements and drainage facilities (“Assessment District Improvements”), as further
described in the Final Engineer’s Report for the Assessment District dated July 31, 2003
prepared by Galen N. Peterson, Consulting Engineer (“Engineer’s Report”), incorporated herein
by this reference. The Engineer’s Report is on file, and available for inspection at the Office of
the City Engineer.
D. Construction of the Assessment District Improvements will satisfy certain
conditions of the subdivision and development of the Calavera Hills/Robertson Ranch East
Property by providing access and backbone utilities so the projects can support their planned
uses. Without the Assessment District Improvements, the parcels within the Assessment
District could not be subdivided and developed to their planned or intended uses.
E. A portion of the Assessment District Improvements to be constructed by
Subdivider are described in detail in the Engineer’s Report, and are broadly described herein as
the College Blvd., Reach C, Core Improvements; College Blvd., Reach B Core Improvements;
the Cannon Road, Reach 3, Core Improvements, the Sewer Improvements, the Water
Improvements, the Dry Utility Core Improvements and the Dry Utility Frontage Improvements
(the “Benefiting Improvements”). The Benefiting Improvements contain supplemental size,
capacity and/or number of street improvements for the special benefit of certain real property
located in the City outside the Assessment District boundaries (“the Benefiting Parcel”). The
Benefiting Parcel is described in Exhibit “B” attached to this Agreement, and incorporated herein
by this reference, and is currently owned by Robertson Family Trust dated April 19, 1985,
Virginia K. Robertson, Trustee Under Declaration of Trust dated October 8, 1976 and Elsie M.
Final Version 6/2/04
Kelley Irrevocable Trust dated June 19, 1989. Without the Benefiting Improvements, the
Benefiting Parcel could not be developed to its planned or intended uses.
F. Subdivider agrees to build, and City agrees to reimburse Subdivider for a
portion of the Benefiting Parcel owner’s/developer’s fair share of the actual cost of the
Benefiting Improvements.
G. Subdivider and City acknowledge that Government Code Section 66485
allows the City to require a subdivider to construct improvements benefiting property outside the
subdivision; and Government Code Section 66486 requires the City to enter into a
reimbursement agreement for such improvements. Subdivider and City intend that this
Agreement satisfy the requirements of Government Code Section 66486.
AGREEMENT
NOW, THEREFORE, in consideration of the terms and agreements hereinafter
set forth, the parties agree as follows:
I.
this Agreement by this reference.
Recitals. The recitals above are true and correct and are incorporated in
2. Construction of the Assessment District Improvements. The
construction specifications, and the determination of the actual costs of the Benefiting
Improvements shall be governed by the terms and conditions of the Acquisition/Financing
Agreement between the Subdivider and City entered into on December 11, 2002
(“Acquisition/Financing Agreement”) together with any approved amendments, incorporated
herein by this reference, and the Engineer’s Report.
3. Reimbursement. The City shall condition its approvals for development
of the Benefiting Parcel to require that at the earlier of (i) approval of a final map, (ii) issuance of
a grading permit, excluding grading done for agricultural purposes, or (iii) commencement of
construction upon the Benefiting Parcel, excluding construction of structures designed to
support agricultural operations, City shall collect a fee from the owner(s) or developer(s) of the
Benefiting Parcel in an amount equal to the Benefiting Parcel’s fair share of the actual costs of
the Benefiting Improvements, subject to annual adjustment pursuant to Section 4 below
(“Reimbursement Amount”) plus a 2% City administrative charge. The Benefiting Parcel
owner’s/developer’s fair share amount of the Benefiting Improvements, as estimated in the
Engineer’s Report, was $522,713 as of July 31, 2003. The actual Reimbursement Amount for
the Benefiting Improvements, to be paid by the Benefiting Parcel owners/developers to the City,
shall be equal to the “Purchase Price” as determined in accordance with the
Acquisition/Financing Agreement and the share of such “Purchase Price” allocable to the
Benefiting Parcel as determined in accordance with the assessment spread methodology set
forth in the Engineer’s Report. The City shall remit the Reimbursement Amount to Subdivider
no later than 60 days following collection of the Reimbursement Amount from the Benefiting
Parcel owners/developers and the City shall retain the 2% City administrative charge.
4. Annual Adiustment. The Reimbursement Amount as determined
pursuant to this Agreement shall be used for any reimbursement made by the Benefiting Parcel
owners/developers to the City during the calendar year in which the Benefiting Improvements
are accepted by the City. Commencing on January 1 of the year following City acceptance of
the Benefiting Improvements and every January 1 thereafter, the Reimbursement Amount shall
be increased based on any increases in the Construction Cost Index (“CCI”) for the Los Angeles
Final Version 6/2/04 2
area, (1913=100) published by the Engineering News Record (ENR) using the monthly index
published immediately prior to each subsequent calendar year as a comparison index. In no
event shall the Reimbursement Amount as annually adjusted be less than that calculated for the
preceding year. The City and Subdivider agree and acknowledge that this method of indexing
the Reimbursement Amount is fair and equitable to the Subdivider and to the
owners/developers of the Benefiting Parcel, as it most nearly reflects the actual costs of
construction as may exist from time to time. In the event the CCI is discontinued, then the City
and Subdivider shall reasonably agree on a substitute index or method of indexing for delayed
future reimbursement payment.
5. Payment Oblination. The City shall use its best efforts to obtain payment
of the Reimbursement Amount from the owner/developer of the Benefiting Parcel, pursuant to
the terms of this agreement and to the maximum extent permitted by law. Payment to the
Subdivider of the Reimbursement Amount, less the administrative fee, shall be made solely
from funds paid to the City for this purpose by the owner/developer of the Benefiting Parcel.
Failure of the City to collect the Reimbursable Amount from the owner/developer of the
Benefiting Parcel, for any reason, does not obligate the City to reimburse the Subdivider from
any other City fund source or account.
6. Assignment of Contract. The Subdivider shall not assign this
Agreement or any part thereof or any monies due hereunder without the prior written consent of
the City.
7. Notices. Unless otherwise specifically provided herein, all notices,
demands or other communications given hereunder shall be in writing and shall be deemed to
have been duly delivered upon personal delivery, or by Federal Express (or similar reputable
express delivery service) or by facsimile transmission with back-up copy mailed the same day,
or as of the second business day after mailing by United States Certified Mail, return receipt
requested, postage prepaid, addressed as shown below. Notices required to be given to
Subdivider shall be addressed as follows:
Notices to the Subdivider shall be delivered to the following:
Calavera Hills II c/o McMillin Companies
2727 Hoover Avenue
National City, CA 91950 Attention: Brian Milich Telephone No.: (61 9) 336-31 38 Facsimile No.: (619) 336-3596
Notices to City shall be delivered to the following:
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008 Attention: City Engineer Telephone No.: (760) 602-2730
Facsimile No.: (760) 602-8562
Each party shall notify the other immediately of any changes of address that
would require any notice delivered hereunder to be directed to another address.
Final Version 6/2/04 3
0. Counterparts. This Agreement may be executed in any number of
counterparts, each of which when so executed and delivered shall be deemed to be an original
and all of which counterparts taken together shall constitute one and the same instrument.
9. Governinn Law and Venue. This Agreement shall be interpreted and
enforced under the laws of the State of California, and venue shall reside in San Diego County,
California.
IO. Complete Anreement. This Agreement contains the entire agreement
between the parties with respect to the subject matter contained herein, and supersedes all
negotiations, discussions, and prior drafts with respect to this subject matter.
11. Amendment. This Agreement may be amended by a written instrument
executed by City and Subdivider and no such amendment shall be valid unless executed by
both the Subdivider and the City.
12. Term. This Agreement shall be effective as of the date first above
written, and shall terminate on the earlier of (i) the date the City remits the full Reimbursement
Amount to Subdivider as provided in this Agreement or (ii) January 31, 2015; or, the date that is
ten (1 0) years following the date of City acceptance of the Benefiting Improvements if such date
is later than January 31, 2015.
13. No Third Pam Beneficiaries. This Agreement shall not be deemed to
confer any rights upon any individual or entity which is not a party hereto, and the parties hereto
expressly disclaim any such third-party benefit.
Final Version 6/2/04 4
14. Severabilitv. The invalidity or unenforceability of any provisions of this
Agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity
or enforceability of any other provision hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date first above written.
“SUBDIVIDER”
CALAVERA HILLS 11, a California limited
liability company
By: McMillin Companies, LLC, a
Delaware limited liability company
Its:
By:
Print Name:
By:
Pint Name: BdA M
y‘p ‘drra+ke Wood, City Clerk
(SEAL)
APPROVED AS TO FORM: Allif! @4
RONALD R. BALL, City Attorney
Final Version 6/2/04 5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Date
personally appeared
Igl personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) idare
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. K ignature Notary Public
Though the information below is not required by law, it may prove valuable to persons re/ying 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:
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0 Corporate Officer - Title(s):
0 Partner - 0 Limited General
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Signer Is Representing:
0 1999 National Notary Associalon * 9350 De Solo Ane , P 0. Box 2402 - Chalsworlh. CA 91313-2402 www nalionalnolary.org Prod. No. 5907 Reorder Call Toll-Free 1-600-876-6827
EXHIBIT A
DESCRIPTION OF CALAVERA HILLS/ROBERTSON RANCH PROPERTY
Final Version 6/2/04 A- 1
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF LOT E OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER
16,1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF RECORD OF SURVEY 16661, BEING ALSO
THE SOUTHEAST CORNER OF CT 76-12 PER MAP 9935 FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY ON JULY 14, 2000 AND DECEMBER 16, 1980
RESPECTIVELY; THENCE, SOUTH 1’42’35” WEST 1619.75 FEET, SOUTH 63’42’38” EAST
313.13 FEET, SOUTH 73’19’52” EAST 230.87 FEET, SOUTH 4’56’41” EAST 517.19 FEET TO A
POINT ON A CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 1451.00 FEET, A
RADIAL LINE TO SAID CURVE BEARS SOUTH 28’58’39” EAST; THENCE, NORTHEASTERLY
ALONG SAID CURVE 519.94 FEET THROUGH A CENTRAL ANGLE OF 20’31’52’’; THENCE,
TANGENT TO SAID CURVE NORTH 81’33’13” EAST 648.89 FEET TO A TANGENT CURVE
CONCAVE TO THE NORTH AND HAVING A RADIUS OF 1349.00 FEET; THENCE, EASTERLY
ALONG SAID CURVE 666.28 FEET THROUGH A CENTRAL ANGLE OF 28’17’56”; THENCE,
TANGENT TO SAID CURVE NORTH 53’15’17” EAST 461.71 FEET TO A TANGENT CURVE
CONCAVE TO THE NORTH AND HAVING A RADIUS OF 990.00 FEET; THENCE,
NORTHEASTERLY ALONG SAID CURVE 32.06 FEET THROUGH A CENTRAL ANGLE OF
1’51’19’’; THENCE, TANGENT TO SAID CURVE NORTH 51’23’58” EAST 60.28 FEET TO A
TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 1010.00 FEET;
THENCE, NORTHEASTERLY ALONG SAID CURVE 32.70 FEET THROUGH A CENTRAL
ANGLE OF 1’51’19’’; THENCE, TANGENT TO SAID CURVE NORTH 53’15’17” EAST 336.29
FEET TO A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 25.00
FEET; THENCE, NORTHERLY ALONG SAID CURVE 39.80 FEET THROUGH A CENTRAL
ANGEL OF 91’12’49”; THENCE, TANGENT TO SAID CURVE NORTH 37’57’32” WEST 300.00
FEET TO A TANGENT CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 210.00
FEET; THENCE, NORTHERLY ALONG SAID CURVE 20.92 FEET THROUGH A CENTRAL
ANGLE OF 5’42’26”; THENCE, TANGENT TO SAID CURVE NORTH 32’15’06’’ WEST 80.62
FEET TO A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 190.00
FEET; THENCE, NORTHERLY ALONG SAID CURVE 18.93 FEET THROUGH A CENTRAL
ANGLE OF 5O42’26”; THENCE, TANGENT TO SAID CURVE NORTH 37’57’32” WEST 310.22
FEET TO A TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF
1349.00 FEET; THENCE, NORTHWESTERLY ALONG SAID CURVE 288.52 FEET THROUGH A
CENTRAL ANGLE OF 12’15’16’’; THENCE, TANGENT TO SAID CURVE NORTH 50’12’48”
WEST 100.00 FEET TO A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A
RADIUS OF 1451.00 FEET; THENCE, NORTHWESTERLY ALONG SAID CURVE 480.31 FEET
THROUGH A CENTRAL ANGLE OF 18’57’58” TO A POINT IN THE SOUTH LINE OF SAID
RECORD OF SURVEY 16661, A RADIAL LINE TO SAID CURVE BEARS SOUTH 58’45’10”
WEST; THENCE, NORTH 89’25’37” WEST ALONG THE SOUTH LINE OF SAID RECORD OF
SURVEY 16661 1950.97 FEET TO THE POINT OF BEGINNING.
SAID LAND BEING DESCRIBED AS PARCEL 1 ON CERTIFICATE OF COMPLIANCE
PAGE 1
RECORDED NOVEMBER 28,2001 AS FILE NO. 2001-0865064 OF OFFICIAL RECORDS.
PARCEL 2:
THAT PORTION OF LOTS D AND E OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, NOVEMBER 16,1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF RECORD OF SURVEY 16661, BEING ALSO
COUNTY RECORDER OF SAID COUNTY ON JULY 14, 2000 AND DECEMBER 16, 1980
RESPECTIVELY; THENCE, ALONG THE SOUTHERLY LINE OF SAID RECORD OF SURVEY
SOUTH 89’25’37’’ EAST 1950.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE,
CONTINUING ALONG THE SOUTHERLY AND EASTERLY LINE OF SAID RECORD OF
SURVEY SOUTH 89’25’37” EAST 129.11 FEET, NORTH 13’44’27” EAST 781.66 FEET, NORTH
21’34’15” EAST 189.90 FEET, NORTH 14’47’00’’ EAST 160.15 FEET, NORTH 11’34’22” EAST
65.17 FEET, NORTH 7’12’14” EAST 135.30 FEET, NORTH 14’45’08” EAST 57.12 FEET, NORTH
20’50’34” EAST 126.05 FEET, NORTH 9’43’14” EAST 112.86 FEET, NORTH 1’15’18” EAST 150.28
FEET, SOUTH 89’37’14” EAST 355.61 FEET TO A POINT ON RECORD OF SURVEY 14818 FILED IN THE OFFICE OF THE COUNTY RECORDER ON MARCH 16,1995; THENCE, LEAVING SAID
RECORD OF SURVEY 16661 AND CONTINUING SOUTHERLY ALONG THE WEST LINE OF
RECORD OF SURVEY 14818, SOUTH 1’15’25” EAST 304.47 FEET (SOUTH 1’11’30” EAST
305.18’ R), SOUTH 18’25’38” EAST, 694.08 FEET (SOUTH 18’19’26” EAST 694.27’ R), THENCE,
LEAVING SAID RECORD OF SURVEY 14818 AND CONTINUING SOUTHERLY ALONG THE
WEST LINE OF THAT 363.14 ACRES PARCEL AS SHOWN ON RECORD OF SURVEY 6616
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 4,
1965; THENCE, SOUTH 1’05’41” WEST 1271.23 FEET (SOUTH lol2’O2” WEST 1271.40’ R),
SOUTH 4’13’22” WEST 963.76 FEET (SOUTH 4’20’50” WEST 963.88’ R), SOUTH 51’39’15”WEST
1165.94 FEET 1165.94 FEET (SOUTH 51’47’48” WEST 1165.49’ R), SOUTH 48’19’13’’ WEST
404.31 FEET (SOUTH 48’19’29” WEST 404.15’ R), SOUTH 65’09’20” WEST 386.97 FEET (SOUTH
65’14’32” WEST 387.06’ R), NORTH 77’55’34” WEST 635.12 FEET (NORTH 77’48’20’’ WEST
635.06’ R), SOUTH 65’35’13” WEST 494.30 FEET (SOUTH 65’42’27” WEST 494.30’ R), SOUTH
39’37’39” WEST 339.77 FEET (SOUTH 39’44’53” WEST 339.77’ R), SOUTH 30’38’52” WEST
266.73 FEET (SOUTH 30’46’06” WEST 331.55’ TO THE CENTERLINE OF RS 682 R) TO A POINT
IN A LINE THAT IS PARALLEL TO AND 63.00 FEET NORTHERLY OF THE CENTERLINE OF
OFFICIAL PLAT THEREOF ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAN
WEST 13.53 FEET; THENCE, SOUTH 23’17’50” WEST 18.00 FEET ALONG THE RADIAL LINE
OF A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 6,855.31 FEET, SAID
POINT BEING ALSO ON THE NORTH LINE OF THAT 90 FOOT WIDE STRIP OF LAND SHOWN
CURVE THROUGH A CENTRAL ANGLE OF 2’10’51” 260.94 FEET; THENCE, LEAVING SAID
NORTH LINE, NORTH 32’44’07’’ EAST 16.78 FEET, SOUTH 82’48’22” EAST 72.17 FEET, NORTH
23’31’32” EAST 109.80 FEET, NORTH 25’38’31” EAST 100.08 FEET, NORTH 29’07’38” EAST
77.37 FEET, NORTH 31’48’12” EAST 60.19 FEET, NORTH 42’27’17’’ EAST 23.56 FEET, NORTH
37’46’23’’ EAST 139.56 FEET, NORTH 24’02’16” EAST 40.09 FEET, NORTH 46’32’58’’ EAST
281.65 FEET, NORTH 53’49’59” EAST 241.03 FEET, NORTH 67’15’16” EAST 15.60 FEET, SOUTH
4’56’41” EAST 44.65 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTH AND
HAVING A RADIUS OF 1451.00 FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH
28’58’39” EAST; THENCE, NORTHEASTERLY ALONG SAID CURVE 519.94 FEET THROUGH A
CENTRAL ANGLE OF 20’31’52’’; THENCE, TANGENT TO SAID CURVE NORTH 81’33’13”
EAST 648.89 FEET TO A TANGENT CURVE CONCAVE TO THE NORTH AND HAVING A
RADIUS OF 1349.00 FEET; THENCE, EASTERLY ALONG SAID CURVE 666.28 FEET THROUGH
PAGE 2
THE SOUTHEAST CORNER OF CT 76-12 PER MAP 9935 FILED IN THE OFFICE OF THE
COUNTY ROAD SURVEY NO. 1800-1 (KNOWN AS EL CAMINO REAL) ACCORDING TO
DIEGO COUNTY; THENCE, WESTERLY ALONG SAID NORTHERLY LINE, NORTH 66042’1077
ON ROAD SURVEY NO. 1800-1; THENCE, WESTERLY ALONG SAID NORTH LINE, AND
-.
A CENTRAL ANGLE OF 28’17’56”; THENCE, TANGENT TO SAID CURVE NORTH 53’15’17”
EAST 461.71 FEET TO A TANGENT CURVE CONCAVE TO THE NORTH AND HAVING A
RADIUS OF 990.00 FEET; THENCE, NORTHEASTERLY ALONG SAID CURVE 32.06 FEET
THROUGH A CENTRAL ANGLE OF 1’51’19”; THENCE, TANGENT TO SAID CURVE NORTH
51’23’58” EAST 60.28 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING
A RADIUS OF 1010.00 FEET; THENCE, NORTHEASTERLY ALONG SAID CURVE 32.70 FEET
THROUGH A CENTRAL ANGLE OF 1’51’19”; THENCE, TANGENT TO SAID CURVE NORTH
53’ 15’ 17” EAST 336.29 FEET TO A TANGENT CURVE CONCAVE TO THE WEST AND HAVING
A RADIUS OF 25.00 FEET; THENCE, NORTHERLY ALONG SAID CURVE 39.80 FEET
THROUGH A CENTRAL ANGLE OF 91’12’49’’; THENCE, TANGENT TO SAID CURVE NORTH
37’57’32’’ WEST 300.00 FEET TO A TANGENT CURVE CONCAVE TO THE EAST AND HAVING
A RADIUS OF 210.00 FEET; THENCE, NORTHERLY ALONG SAID CURVE 20.92 FEET
THROUGH A CENTRAL ANGLE OF 5’42’26”; THENCE, TANGENT TO SAID CURVE NORTH
32”15’06” WEST 80.62 FEET TO A TANGENT CURVE CONCAVE TO THE WEST AND HAVING
A RADIUS OF 190.00 FEET; THENCE, NORTHERLY ALONG SAID CURVE 18.93 FEET
THROUGH A CENTRAL ANGLE OF 5’42’26”; THENCE, TANGENT TO SAID CURVE NORTH
37’57’32” WEST 310.22 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTHWEST AND
HAVING A RADIUS OF 1349.00 FEET; THENCE, NORTHWESTERLY ALONG SAID CURVE
288.52 FEET THROUGH A CENTRAL ANGLE OF 12’15’16”; THENCE, TANGENT TO SAID
CURVE NORTH 50’12’48” WEST 100.00 FEET TO A TANGENT CURVE CONCAVE TO THE
NORTHEAST AND HAVING A RADIUS OF 145 1.00 FEET; THENCE NORTHWESTERLY ALONG
SAID CURVE 480.31 FEET THROUGH A CENTRAL ANGLE OF 18’57’58” TO A POINT IN THE
SOUTH LINE OF SAID RECORD OF SURVEY 16661, SAID POINT BEING THE TRUE POINT OF
BEGINNING, A RADIAL LINE TO SAID CURVE AT THE TRUE POINT OF BEGINNING BEARS
SOUTH 58’45’10” WEST.
SAID LAND BEING DESCRIBED AS PARCEL 3 ON CERTIFICATE OF COMPLIANCE
RECORDED NOVEMBER 28,2001 AS FILE NO. 2001-0865066 OF OFFICIAL RECORDS.
FEBRUARY 05,2002 11 :02 AM MC
PAGE 3
EXHIBIT B
DESCRIPTION OF PARCELS OUTSIDE THE ASSESSMENT DISTRICT
[Attach description of portion of Robertson Ranch West Property that takes access from Cannon Road.]
Final Version 6/2/04 B-1
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF LOTS “E” AND “I” OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION
MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN
DIEGO COUNTY, NOVEMBER 16,1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF RECORD OF SURVEY 16661, BEING ALSO
COUNTY RECORDER OF SAID COUNTY ON JULY 14, 2000 AND DECEMBER 16, 1980
RESPECTIVELY; THENCE, SOUTH 1’42’35” WEST 1619.75 FEET, SOUTH 63’42’38” EAST
313.13, SOUTH 73’19’52” EAST 230.87 FEET, SOUTH 4’56’41’’ EAST 472.54 FEET, SOUTH
67’15’16” WEST 15.60 FEET, SOUTH 53’49’59” WEST 241.03, SOUTH 46’32’58’’ WEST 281.65
FEET, SOUTH 24’02’16’’ WEST 40.09 FEET, SOUTH 37’46’23” WEST 139.56 FEET, SOUTH
42’27’17’’ WEST 23.56 FEET, SOUTH 31’48’12” WEST 60.19 FEET, SOUTH 29’07’38” WEST 77.37
FEET, SOUTH 25’38’31” WEST 100.08 FEET, SOUTH 23’31’32’’ WEST 109.80 FEET, NORTH
82’48’22” WEST 72.17 FEET, SOUTH 32’44’07” WEST 16.78 FEET TO A POINT IN THE NORTH
WESTERLY ALONG THE NORTH LINE OF SAID 90 FOOT STRIP; BEING A CURVE CONCAVE
NORTHERLY AND HAVING A RADIUS OF 6855.31 FEET A DISTANCE OF 476.75 FEET;
THROUGH A CENTRAL ANGLE OF 3’59’05” THENCE, TANGENT TO SAID CURVE, NORTH
60’32’15” WEST 449.43 FEET (NORTH 60’25’46” WEST 449.30’ R) TO THE BEGJNNING OF A
TANGENT CURVE, CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 2045.09 FEET,
THROUGH A CENTRAL ANGLE OF 31’40’36”, THENCE WESTERLY ALONG SAID CURVE
1,130.65 FEET; THENCE, TANGENT TO SAID CURVE, NORTH 87’47’10” EAST 761.88 FEET TO
A TANGENT CURVE, CONCAVE TO THE NORTH AND HAVING A RADIUS OF 1555.07 FEET;
THROUGH A CENTRAL ANGLE OF 43’01’37”, THENCE, WESTERLY ALONG SAID CURVE
1 167.80 FEET; THENCE, TANGENT TO SAID CURVE NORTH 49’1 1 ’ 14” WEST 5 11.3 1 FEET TO
A TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 2045.09 FEET,
THROUGH A CENTRAL ANGLE OF 5’23’02”, THENCE WESTERLY ALONG SAID CURVE
192.17 FEET TO A POINT, SAID POINT BEING THE INTERSECTION OF THE NORTH LINE OF
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON FEBRUARY 4, 1982;
THENCE, NORTHERLY AND EASTERLY ALONG THE EAST LINE OF SAID RECORD OF
SURVEY NO. 8927; NORTH 35’25’44’’ EAST 55.00 FEET (NORTH 35’27’02” EAST 55.00’
RADIUS) NORTH 44’53’07” WEST 132.79 FEET (NORTH 44’51’49’’ WEST 132.79’ RADIUS)
NORTH 31’52’21” EAST 69.52 FEET (NORTH 31’53’39” EAST 69.52’ RADIUS) NORTH 36’53’17’’
EAST 92.46 FEET (NORTH 36’54’35” EAST 92.46’ RADIUS) NORTH 42’37’04 EAST 92.46 FEET
(NORTH 42’38’22” EAST 92.46’ RADIUS) NORTH 48’26’33” EAST 92.75 FEET (NORTH
48’22’09” EAST 92.46’ RADIUS) NORTH 63’26’12’’ EAST 92.35 FEET (NORTH 63’22’33” EAST
92.93’ RADIUS) NORTH 47’38’5 1” EAST 94.49 FEET (NORTH 47’34’26” EAST 94.11 ’ RADIUS)
NORTH 78’03’31’’ EAST 93.72 FEET (NORTH 77’48’51” EAST 94.10’ RADIUS) NORTH 77’30’47”
EAST 91.01 FEET (NORTH 77’35’14” EAST 91.01’ RADIUS) NORTH 76’56’34’’ EAST 89.97 FEET
(NORTH 77’01’01’’ EAST 89.97’ RADIUS) NORTH 64’32’02’’ EAST 96.25 FEET (NORTH
PAGE 1
THE SOUTHEAST CORNER OF CT 76-12 PER MAP 9935 FILED IN THE OFFICE OF THE
LINE OF THAT 90 FOOT STRIP OF LAND SHOWN ON ROAD SURVEY NO. 1800-1; THENCE
SAID ROAD SURVEY 1800-1 AND THE EAST LINE OF RECORD OF SURVEY 8927 FILED IN
64’36’30” EAST 96.25’ RADIUS) NORTH 84’58’35” EAST 96.38 FEET (NORTH 85’03’02” EAST
96.03’ RADIUS) NORTH 89’31’55” EAST 100.00 FEET (NORTH 89’01’00’’ EAST 100.00’
RADIUS) NORTH 88’50’52” EAST 100.13 FEET (NORTH 89’00’56” EAST 100.13’ RADIUS)
NORTH 85’52’25’’ EAST 106.46 (NORTH 86’02’29” EAST 106.46’ RADIUS) SOUTH 86’48’16”
EAST 110.56 (NORTH 86’38’12” WEST 110.56’ RADIUS) NORTH 61’21’44” EAST 110.57 (NORTH
61’31’48” EAST 110.56’ RADIUS) NORTH 66’10’33” EAST 106.20 (NORTH 66’09’36” EAST
106.32’ RADIUS) NORTH 60’33’09” EAST 105.87 (NORTH 60’25’04’’ EAST 105.83’ RADIUS)
NORTH 54’35’52” EAST 104.85 FEET (NORTH 54’44’11” EAST 104.55’ RADIUS) NORTH
55’32’10” EAST 99.66 FEET (NORTH 55’24’00” EAST 100.00’ RADIUS) NORTH 58’20’10” EAST
100.12 (58’15’45” EAST 100.12’ RADIUS) NORTH 58’14’41” EAST 100.18 (NORTH 58’15’45”
EAST 100.13’ RADIUS) NORTH 55’22’41” EAST 99.96 FEET (NORTH 55’24’00’’ EAST 100.00’
RADIUS) NORTH 52’29’55” EAST 100.20 FEET (NORTH 52’32’15” EAST 100.13’ RADIUS)
NORTH 51’34’19” EAST 103.75 (NORTH 51’19’35’’ EAST 103.56’ RADIUS) NORTH 48’25’31”
EAST 104.73 (NORTH 48’41’45” EAST 104.95’ RADIUS) NORTH 42’59’01” EAST 104.95 FEET
(NORTH 42’57’58” EAST 104.96’ RADIUS) NORTH 41’35’15” EAST 101.54 (NORTH 41’31’05”
EAST 101.58’ RADIUS) NORTH 41’19’05” EAST 100.09 FEET (NORTH 41’18’45” EAST 100.13’
RADIUS) NORTH 38’24’41’’ EAST 99.98 (NORTH 38’27’00” EAST 100.00’ RADIUS) NORTH
37’43’45’’ EAST 106.34 (NORTH 37’30’57” EAST 106.26’ RADIUS) TO THE WESTERLY
PROLONGATION OF THE SOUTHERLY LINE OF CT 76-12 PER MAP 9935; THENCE, SOUTH
89’25’10” EAST RADIUS) 2088.48 FEET TO THE POINT OF BEGINNING.
SAID PROPERTY BEING DESCRIBED AS PARCEL 2 IN A CERTIFICATE OF COMPLIANCE
SAID SAN DIEGO COUNTY.
RECORDED ON NOVEMBER 28, 2001 AS FILE NO. 2001-0865065 OF OFFICIAL RECORDS OF
FEBRUARY 25,2002 2:Ol PM RL
PAGE 2
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the
printer of
North County Times
Formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudicated newspapers of general circulation by
the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree number
171349, for the County of San Diego, that the
notice of which the annexed is a printed copy (set
in type not smaller than nonpariel), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
September 03'd ,2004
I certifl (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at SAN MARCOS California
This 03rd Day of September, 2004
NORTH COUNTY TIMES
Legal Advertising
This space is for the County Clerk's Filing Stamp
Proof of Publication of
Portions of Lots D and of Rancho Agua Hedionda ir the City of Carisbad hunty of Sen Die o State o ing'to map mereot NO. 125 filed ir ecorder of San Diedo Coun R ty, November 16,18 .
CASE FILE:AD2003-01
CASE NAME NON ROAD EAST UEGE BOULEVARD AND CAN- I
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public
hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO
p.m. on Tuesday, September 14, 2004, to consider a request for approval of a reimbursement
agreement and establishment of a local benefit district to reimburse costs to construct core
improvements on Cannon Road and College Boulevard. The proposed local benefit district
encompasses one parcel of land bordered by Tamarack Avenue on the north, El Camino Real
on the west and Cannon Road on the south, owned by the Robertson ETNK Trust, and is more
particularly described as follows:
Portions of Lots D and E of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according to
map thereof No. 823, filed in the office of the County Recorder of
San Diego County, November 16, 1896.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the agenda bill will be available on and after September IO, 2004. If you
have any questions, please call David Hauser in the Engineering Department at (760) 602-
2739.
If you challenge the reimbursement agreement and/or establishment of the benefit district in
court, you may be limited to raising only those issues you or someone else raised at the public
hearing described in this notice or in written correspondence delivered to the City of Carlsbad,
Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public
hearing.
CASE FILE: AD 2003-01
CASE NAME: COLLEGE BOULEVARD AND CANNON ROAD EAST
PUBLISH: September 3, 2004
CITY OF CARLSBAD
CITY COUNCIL
P
NOTICE OF PUBLIC HEARING REGARDING YOUR PROPERTY
August 19,2004
Robertson ETNK Trust
5056 El Camino Real
Carlsbad, CA 92008
The subdivider of Calavera Hills Phase I! wa8 required to install improvements
consistiny G: fke extensiw of Croilege Boulevard and Cannon Road incitiding certain
sewer, water and dry utility improvements. These improvements contain supplements!
size and/or capacity for the benefit of your propert\/.
Pursuant to Section 66486 of the Government Code and Section 20.1 6.041 of the
Carlsbad Municipal Code (CMC), when such size or capacity is solely for the benefit of
property not within the subdivision, the City shall enter into an agreement with the
subdivider to reimburse the subdivider for that portion of the costs of such
improvements equal to the difference between the amount it would have cost the
subdivider to install such improvements to serve the subdivision only and the actual
cost of such improvements.
Pursuant to Section 20.16.041(a) of the CMC, the City intends to establish and maintain
a local benefit district to generate the funds necessary to reimburse the subdivider for
the cost of the supplemental improvements. The boundary of such local benefit district
includes your property (Assesspr's Parcel Number 208-01 0-36). Establishment of a
local benefit area over your property will obligate the payment of a fee or charge to
reimburse the subdivider for the cost of the supplemental improvements. Such fee or
charge will be required upon development of your property, excluding any development
solely for the purpose of maintaining or carrying out agricultural operations.
Pursuant to Section 20.16.042 of the CMC, no fee or charge or local benefit district
shall be established unless and until a public hearing is held thereon by the City Council
and the City Council finds that the charge and the area of local benefit is reasonably
related to the cost of such supplemental improvements and the actual ultimate
beneficiaries thereof.
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-2720 FAX (760) 602-8562 @
Notice of Public Hearing
Page 2
You are hereby notified, pursuant to Section 66457.3 of the Government Code and
Section 20.76.042(b) of the CMC that the City Council of the City of Carlsbad will hold a
public hearing on the matter of the establishment and maintenance of a local benefit
area over your property to establish a fee or charge to reimburse the subdivider of
Calavera Hill Phase II for the cost to install supplemental improvements for the benefit
of your property. The public hearing will be held on September 74,2004 at 6:OO PM
at the Carlsbad City Hall Council Chambers.
As the listed owner of the property located within the boundary of the proposed local
benefit area, you are invited to attend the public hearing and be heard on this matter. If
you have any questions or comments on this matter, please feel free to give me a call
to discuss at (760) 602-2739.
Respectfully,
Deputy City Engineer
C Deputy Public Works Director, Engineering Services
Seabourne Development, Ken Cablay, P.O. Box 4659, Carlsbad, CA, 92008
Approval of Reimbursement Agreement and Establishment of a Local Benefit District to Reimburse the Cost to Construct Cannon Road and College BoulevardDeputy City EngineerDavid Hauser
Tonight’s PresentationStaff PresentationStaff PresentationCouncil QuestionsCouncil QuestionsOpen Public HearingOpen Public HearingCouncil DiscussionCouncil DiscussionCouncil ActionCouncil ActionApproval of Reimbursement AgreementApproval of Reimbursement AgreementEstablishment of Local Benefit AreaEstablishment of Local Benefit Area
Brief Item Explanation¾¾Request by a developer, Calavera Hills II, LLCRequest by a developer, Calavera Hills II, LLC¾¾To obtain reimbursement for construction of the To obtain reimbursement for construction of the Cannon Road/College Boulevard ExtensionCannon Road/College Boulevard Extension¾¾…..…..NotNotfrom City or Assessment District fundsfrom City or Assessment District funds¾¾From an adjoining property owner, the Robertson From an adjoining property owner, the Robertson Family TrustFamily Trust
AuthoritySection 20.16 of the Carlsbad Municipal CodeSection 20.16 of the Carlsbad Municipal CodeWhen City requires improvementsWhen City requires improvementsSupplemental size, capacity or numberSupplemental size, capacity or numberCity must enter in reimbursement agreement City must enter in reimbursement agreement with developer to pay cost of with developer to pay cost of oversizingoversizingCity may form a local benefit area district and City may form a local benefit area district and levy a charge against the benefiting property levy a charge against the benefiting property owner(s) to raise funds for reimbursementowner(s) to raise funds for reimbursement
History of Council Actions2002 2002 --Approved Calavera Hills Phase II projectApproved Calavera Hills Phase II projectRequired construction of College Required construction of College and Cannon Roadand Cannon Road2003 2003 --Approved formation of AD 2003Approved formation of AD 2003--0101Finance construction of College/CannonFinance construction of College/Cannon
College Blvd –Reaches B,CCannon Road –Reach 3
Engineer’s Report for AD 2003-01(College Blvd and Cannon Road Extension Project)Findings:Improvements contain supplemental size and Improvements contain supplemental size and capacity for benefit of properties outside of the capacity for benefit of properties outside of the Calavera Hill Phase II projectCalavera Hill Phase II projectRobertson Ranch East propertyRobertson Ranch East propertyRobertson Ranch West propertyRobertson Ranch West property
Proposed Land Use and Traffic AccessFor Robertson Ranch Properties (East and West)EastWest
Cannon Road/College Boulevard ExtensionEl Camino RealTamarack AvenueCarlsbad Village DriveC o lleg e B o u levardCannon Road
Engineer’s ReportAllocation of Costs$20,424,770$20,424,770TotalTotal$522,713$522,713Robertson Ranch WestRobertson Ranch West$8,529,183$8,529,183Robertson Ranch EastRobertson Ranch East$11,372,874$11,372,874Calavera Calavera Hills Phase IIHills Phase II
Terms of ReimbursementCost plus 2% City administrative feeCost plus 2% City administrative feePayment at first of:Payment at first of:Approval of final mapApproval of final mapGrading permit excluding agricultural gradingGrading permit excluding agricultural gradingBuilding permit excluding agricultural facilitiesBuilding permit excluding agricultural facilitiesAnnual adjustment based upon ENR Cost IndexAnnual adjustment based upon ENR Cost IndexExpires 1/31/15 or 10 years after acceptance of Expires 1/31/15 or 10 years after acceptance of improvementsimprovements
Conclusion of PresentationRespond to Council QuestionsRespond to Council QuestionsOpen Public HearingOpen Public HearingCouncil DiscussionCouncil DiscussionCouncil ActionCouncil Action