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HomeMy WebLinkAbout2009/01/13 Item 5I 3.,., CITY COUNCIL - '" AGENDA STATEMENT ~u r , ,.:i ~'-. ciTY of CHULAVISTA 1/13/09, Item ITEM TITLE: PUBLIC HEARING - CONSIDERATION OF AMENDED REASSESSMENTS FOR THE REASSESSMENT NUMBERS 1658- 1, 1658-743, 1658-411, AND 1658-412 FOR REASSESSMENT DISTRICTS 2001-1 AND 2001-2 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-1 AND DIRECTNG ACTIONS WITH RESPECT THERETO B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-2 AND DIRECTING ACTIONS WITH RESPECT THERETO SUBMITTED BY: DIRECTOR OF PUBLIC WORKS REVIEWED BY: CITY MANAGER ASSISTANT CITY ANAGER ~~T 4/STHS VOTE: YES ^ NO SUMMARY In the past, the City has formed assessment districts to provide finding for infrastructure Linder the Municipal Improvement Act of 1913. Section 8730 of this Act requires that when a parcel of land has unpaid assessment splits, the original assessment must be segregated and apportioned. Apportionments are required in 1915 Act Assessment Districts for parcels that are reconfigured and/or subdivided in order to redistribute the assessment lien to the newly created parcels, pursuant to Part 10.5 of the Streets and Highways Code. The apportionment process records the lien on the newly created parcels and assigns specific benefit to each parcel based on the original Method of Spread, outlined in the Engineer's Report. If the property owner does not file an application, the City is required to complete the apportionment through the Public Hearing Method process. At this time, Chere are a number of outstanding apportionments, which require that the assessment liens be apportioned to the newly created parcels. 5-1 1/13/09, Item Page 2 of 3 ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council conduct the public hearing and adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The City has formed assessment districts pursuant to the Municipal Improvement Act of 1913 (Califomia Streets and Highways Code 10000, et seq.), the "Improvement Act", and levied assessments within these districts pursuant to the Improvement Act. For some assessment districts, the City has also issued bonds ("Limited Obligation Improvement Bonds") pursuant to the Improvement Bond Act of 1915 (California Streets and Highways Code 8500 et seq). The "Assessment District Bond Act" for the purpose of financing the acquisition or construction of public improvements to specially benefit and serve the properties within such assessment districts. Assessment districts have been used for financing infrastructure improvements, such as water, sewer and roads. The costs are placed directly on the benefited property owners. Upon the issuance of bonds to finance the improvements, the district has the authority to assess all property owners included in the district in order to repay the borrowed funds. The special assessment is levied on all properties in the district in proportion to their share of benefit from the improvements funded by the district. On July 10, 2001, pursuant to the Improvement Bond Act of 1915 the City Council approved and confirmed the reassessments for Reassessment District No. 2001-I and Reassessment District No. 2001-2 through Resolutions 2001-211 and 2001-212 to pay for the costs of acquisitions and improvements. These costs were spread to the parcels within the boundaries of each of the Districts. Subsequently there have been certain parcels, which have been divided so they no longer conform to the original parcel boundaries. Once a subdivision occurs the reassessments must be apportioned to the newly created parcels. There are a number of outstanding apportionments, which require that the assessment liens be apportioned to the newly created parcels. The City's special districts consultant, NBS, has pursued apportionments pursuant to part 10.5 of the Streets and Highways Code. This method is known as the "Application Method". NBS has sent letters to notify the affected property owners via certified mail that an apportionment is required, and has asked them to fill out an apportionment application so that the correct apportionments can be made. However, not all property owners contacted have completed the apportionment application mailed to them. When a property owner has been sent an application for apportionment but fails to respond within 30 days, the recommended next step is to apportion the assessment via Part 10 of the Streets and Highways Code. This method is known as the "Hearing Method". Under this method, the 5-2 1/13/09, Item Page 3 of 3 legislative body (Council) orders the completion of the apportionment. This ensures that the assessment lien will be appropriately spread to the new parcels. At this time, the City's special tax consultant, NBS has identified several parcels, which require an apportiorunent. Table 1 shows the old parcel numbers and the subsequent newly created parcels. Table 1: List of Old Parcel Numbers and the Subsequent New Parcels Old APNs 643-040-16-00 643-520-37-00 643-512-33-00 643-512-34-00 644-040-64-00 I 644-040-77-00 644-040-78-00 Newly Created APNs 643-040-17-00 643-040-18-00 643-040-19-00 643-520-57-00 643-520-58-00 643-512-73-00 643-512-74-00 644-040-81-00 644-040-82-00 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. FISCAL IMPACT The Engineering Department will cover the costs of the apportionments up front which total $5,160 from account number DE 1672. The funds will be recovered from the property owners of the newly created parcels by adding the fees for the apportionment to the upcoming levy. There is no impact to the General Fund. ATTACHMENTS 1. Reassessment Apportionment Report Reassessment Reassessment No. 1658-1 2. Reassessment Apportionment Report Reassessment Reassessment No. 1658-743 3. Reassessment Apportionment Report Reassessment Reassessment No. 1658-411 and 1658-412 4. Reassessment Apportionment Report Reassessment Reassessment No. 12649-02 District No. 2001-I Amending District No. 2001-1 Amending District No. 2001-1 Amending District No. 2001-2 Amending Prepared by: Arny Partosan, Administrative AnalystlL, Engineering Dept. M:IEngineerlAGENDAICAS2009107-13-091Reapportionment Agenda_121309_rev010809.doc 5-3 ATTACHMENT 1 Q DRAFT CITY OF CHULA VISTA REASSESSMENT APPORTIONMENT REPORT "REASSESSMENT DISTRICT NO. 2001-1" Amending Reassessment No. 1658-1 Prepared for: City of Chula Vista October 2008 5-4 TABLE OF CONTENTS SECTION APPORTIONMENT OF REASSESSMENTS ................................................................................................1 PRIOR ASSESSOR'S PARCEL MAPS .......................................................................................................2 CURRENT ASSESSOR'S PARCEL MAPS .................................................................................................3 AMENDED REASSESSMENT DIAGRAM ...................................................................................................4 RESOLUTION ORDERING AMENDED REASSESSMENTS ......................................................................5 RESOLUTION OF PRELIMINARY APPROVAL ..........................................................................................6 NOTICE OF HEARING ON AMENDED REASSESSMENTS ......................................................................7 NOTICE TO PROPERTY OWNERS ...................... S RESOLUTION CONFIRMING AMENDED REASSESSMENTS ..................................................................9 NOTICE OF AMENDED REASSESSMENTS ......... 10 5-5 SECTION 1 APPORTIONMENT OF REASSESSMENTS 5-6 Q H fO 2 x w umi o m G ~" N F Q Z y Z F V W ~ y N S - W V G N N W ~ U N Z N ~ Z W W R' Q m o 0 0 000 0 0 LL M M M ~ a°i w°'~w N a`r E "' J ~ C O Q ~ co ~n or rn m E vi of vi v C~ ~ N A O N OI p~ O O~ O O c a u~M~ a O~ ~ ui K .r.- m f00 W N N y O N 0 Q N d V a c m E m ya mmao ~ ~ ~ m N Z m 0 o O r co o~ = Q 4 0 0 v v v 0 0 ~ m y ~ ~E m m C W ' N N a y o d w v v O m is cFs d C m ~ m m ~ u Q C E d a a m w E o m a ~ ~ Z d a °o ~ J 9 a ~ oa O o 0 v 0 J C J ~p T .C C > n m o E v Z °' `° o m ~ w a E ~ O O ~ d ~ ~ `o U Q C 3 O O d rn a 5-7 SECTION 2 PRIOR ASSESSOR'S PARCEL MAPS 5-8 P ao ® ~ 0 m ~~ n~Y~ 00%6b! S M Pm O w fS w $ ~ °n u ~ < W b F O ^ W O J v k ~N ~I~ < 3 o ~: o BO- ~ m t'O-E>9 r 9 3 k a ~ ~ O n *~w ~ ~ ~ r_ ~ ~ s ~ ~ ~ a a„ W ~ $ " c _ _ n _ ~ > x c s a a q ~ o J a ~ @ h 0 « ~ n M Q ~ 0 Y 0 " m P ~m ~~ ~- ~ Ov< ~ _a 4 ^ ~ J d W Y Z ~~~x ~w l:l°.~R („ ~ . 6 ~ ~ B ?~ e`~ ~ ~ ~' h i:~o ~? yS~„ + ~, ~ '" t ~~ / ~ g ^ b R~~ < tl Jrd~ ~O vii ~~ WN ~- a~$ $ ~ 'R JU 44 x°44^ is F .':~~~ I 44 'i1 . A can ~ ^ ~ ~ % 1 ''~: 1 w 6 ; ay ~ ' o _ ; ~~ ~ $ r ~ w W ~ ~ T rv O m m J .~ T Z < m 2 2 ~ d O K W W K Q O ~~J 5 O Jo d °~ 2n ~m O^ =n Uo Z d~ ~~ ~ N ~^ m„ E~ ~i~ NQ` o& g~n~*m* h ~<m 5-9 SECTION 3 CURRENT ASSESSOR'S PARCEL MAPS 5-10 ® m Q PO co n~Y~ oarccr 3 e 0 I n a 4 m ~. 0 ~ m w z 0 8 o ~ r ~ ~'" n N 4 O w 0 J ~ N ~g g # s f N ~ T " ~ a ~ ~ ~ ~ a x ;;, , z_ s > g : s s a s 3 ~ p ~ .. r ' w A ?' r R .~ ~ a ~ c z Z n ' _ n _ o C R O n gy ,t p.. : a Y a ^ c ~. - ~ m o ~m } _.-~ ~ r s w ~w' O ~ .6 T,~ f4 . Q k`, W a c m _.a a d ~ ~ ~ (r ~ W ~ ~y ~~~~~ 9 Jltl .,gym '~ ~~O "- p N <~ _ e~a G $ n W JU 9 ~ d ,~', a ' ~/ ~n m Sa~t.^ ~ mil/ vii ~ m q'.~\l ~ .~,yh'`. i cb u a i c -. ® I \ ~ k } ~ ~ ~' r ~ ~ j ~ ~... \ Q $ 3 0 e 3 W W 'f m n m ? '^ N m ~ z z z 1 <m~o 80- mm LO-£i9 '~ O / ~+ \ aO~ Y w gOR ®m. K O w w H O ~K O J Jo Q °~ 2~ 7 ai n O~ U' 0 Qm ¢~ rn ni m~ rn~ ~~ W1, JI U 1 z°Oj, m e D ~/ ~ 8 Z ~~° ~ ~ wg7 2F `am SECTION 4 AMENDED REASSESSMENT DIAGRAM 5-12 w ~ ~~ .s~~a~ i~R ~~ ~ ~ s m ~ '. ~~a `e ~u ~W~2 ~~ N ~ ~ 5 ~ ~ ~ d~s~~b $ c~W~ 6a m ~ i ~ ~~u~ ~ ~ ~n~ E~ p ~ rc w a ~ 4 s~o~~W ~ f~ ~_~ i ~~ '-z . ~ ~3°e~3 ~ ~o~S roc i ~ ~ ~ ~ 8 a ~~ ~~S~~ ~. z ag ~ 8~ Z ~~ 8 a~ $, @ 4a p~ ~ ~4- `~w4 y ~ ~~ U' ~,' ,J I ~5 ~_ ~fr €~~-#a~ 'as s84u~~~s ~sa C r ~ +a O ~"~~ ~~ O ~ es ,~~' Q N ~,,,,„ ~ Z L N .~ r ~ W V ass °z ~ w z F /N^^ I~A > o o w V! N ~ N 6 N J W ~ c+OLL N /~ a O=W C 3 V, Q Z ~ G F (7 a W W U V y ~ w W W a ,~ ~ N ~ U W Q i` a ~ ~~~ ~qA~6~~ W / 8 ~. 1 '~ N ~ i 1 F s w ~ ¢ i m w $~m ~~ ~ I -= s ~ ,is, cn m off„ w3c!a° .~~ Z X45 ~8a'3°a m a O ~a as3 ~.u Z 5-13 SECTION 5 RESOLUTION ORDERING AMENDED REASSESSMENTS 5-14 RESOLUTION NO. 2008-278 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE MAKING OF AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-1 PURSUANT TO PART 10 OF DIVISION 10 OF THE STREETS AND HIGHWAYS CODE AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 2001-1 under and pursuant to state law; and WHEREAS, pursuant to the Improvement Bond Act of 1915 and Resolution No. 2001- 211, entitled "RESOLUTION OF THE CITY OF CHULA VISTA APPROVING THE REPORT OF THE ASSESSMENT ENGINEERS AND CONFIRMING REASSESSMENTS WITHIN REASSESSMENT DISTRICT 2001-1", adopted by this Council on the l0a' day of July, 2001, special reassessments were confirmed to pay the costs of the acquisitions and improvements as more particularly described in said Resolution. Said Reassessments are set forth on a Reassessment Diagram and Reassessment Roll, heretofore confirmed by this Council and filed and recorded with the City Clerk of the City of Chula Vista, County of San Diego; and WHEREAS, certain parcels of land designated as Reassessment Numbers 1658-1, 1658- 743, 1658-411 and 1658-412 upon which there are unpaid Reassessments where bonds have been issued under the Improvement Bond Act of 1915, commencing with Section 8500 of the Street and Highways Code of California, have been divided so that they no longer conform to the original parcel boundaries as shown on said Reassessment Diagram; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, as the legislative body of Reassessment District No. 2001-1, as follows: The Superintendent of Streets of the City of Chula Vista shall cause to be filed with the City Clerk the Reassessment Apportionment Reports, an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658- 412, which were previously recorded on the 22nd day of August, 2001 in Book 35, Page 36, Document No. 2001-0599190, segregating and apportioning the unpaid installments of the original Reassessment in accordance with the benefits to the several parts of the original parcel. Presented by Approved as to form by Richard Hopkins Director of Engineering Bart C. Miesfeld Interim City Attorney 5-15 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of December 2008 by the following vote: AYES: NOES: ABSENT: Cheryl Cox, Mayor ATTEST: Donna R. Norris, CMC, Interim City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do herby certify that the foregoing Resolution No 2008-278 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9th day of December 2008. Executed this _ day of 2008 Donna R. Norris, CMC, Interim City Clerk 5-16 SECTION 6 RESOLUTION OF PRELIMINARYAPPROVAL 5-17 RESOLUTION NO. 2008-279 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PRELIMINARILY APPROVING AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-1, ORDERING THE PUBLIC HEARING, AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 2001-1 under and pursuant to state law; and WHEREAS, this Council heretofore adopted Resolution No. 2008-278, entitled "Resolution of the City Council of the City of Chula Vista Ordering the Making of Amended Reassessments Within Reassessment District No. 2001-1 Pursuant To Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto", in which the Council ordered the Superintendent of Streets to prepare and file with the City Clerk Reassessment Apportionment Reports (the "Reports"), an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658- 412, which were previously recorded on the 22nd day of August, 2001 in Book 35, Page 36, Document No. 2001-0599190, segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits to the several parts of the original parcels. WHEREAS, said Reports, have been made and filed and duly considered by this Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as the legislative body of Reassessment District No. 2001-1, as follows: 1. Said Reports as a whole and each part thereof. to wit: (a) the Amended Reassessment Diagram showing the Amended Reassessments and dimensions of the respective amended subdivisions of land with respect to said Amended Reassessments; (ti)the apportionment of the total amount of the costs and expenses of the proposed Amended Reassessments upon the several amended subdivisions of land in proportion to the estimated benefits to be received by said amended subdivisions, respectively, and of the expenses incidental thereto; are sufficient and are preliminarily approved. 2. Said Reports shall stand as the Report for the purpose of all subsequent proceedings herein. 5-18 3. January 13, 2009, at the hour of 6 o'clock p.m., in the regular meeting place of this Council, is hereby appointed and fixed as the time and place when and where this Council will hear any objections or protests to said Amended Reassessments for the Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, which were previously recorded on the 22nd day of August, 2001 in Book 35, Page 36, Document No. 2001-0599190, and will consider and finally determine whether the public interest, convenience and necessity require said Amended Reassessments, and when and where it will consider and fmally act upon said Report. 4. The City Clerk of the City of Chula Vista shall cause notice of said hearing to be given by publication once a week for two (2) weeks in a local newspaper published and circulated in the City of Chula Vista. The first publication of said notice shall be completed at least fifteen (IS) days before the date herein set for said hearing. Said notice shall be headed "Notice of Hearing on Amended Reassessments" and shall state: the filing of said Reports; the date, time and place set for and purpose of the hearing on said Reports and of protests; a brief description of the proposed Amended Reassessments; that any person interested in the original Reassessments or in the lands affected thereby or in the bonds secured thereby may appear and protest as provided in Part 10 of Division 10 of the Streets and Highways Code of California; and that reference is made to said Reports for further particulars. Presented by Richard Hopkins Engineering Director Approved as to form by Bart C. Miesfeld Interim City Attorney PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of December 2008 by the following vote: AYES: NOES: ABSENT: ATTEST: Cheryl Cox, Mayor 5-19 Donna R. Norris, CMC, Interim City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do herby certify that the foregoing Resolution No. 2008-279 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9th day of December 2008. Executed this day of 2008. Donna R. Norris, CMC, Interim City Clerk 5-20 SECTION 7 NOTICE OF HEARINCa ON AMENDED REASSESSMENTS 5-21 NOTICE OF HEARING ON AMENDED REASSESSMENTS CITY OF CHULA VISTA REASSESSMENT DISTRICT NO. 2001-1 REASSESSMENT DISTRICT NO. 2001-2 NOTICE IS HEREBY GIVEN that pursuant to the order of the City Council (the "Council") of the City of Chula Vista, the Superintendent of Streets has caused to be filed Reassessment Apportionment Reports including an Amended Reassessment Diagram with the parcels shown as Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, within Reassessment District No. 2001-1 and Reassessment Number 12649-02 within Reassessment District No. 2001-2. The Reassessment Apportionment Reports have been preliminarily approved by this Board pursuant to Resolution No 2008-279 and Resolution No. 2008-281 adopted on December 9, 2008, to all of which reference is hereby made for further particulars. NOTICE IS FURTHER GIVEN that on January 13, 2009, at the hour of 6 o'clock p.m. at the regular meeting place of the City Council of the City of Chula Vista, a hearing will be held concerning said Amended Reassessments, at which time all persons interested in said original Reassessments, or in the lands affected thereby, or in the bonds secured thereby, may appear and protest against the same as provided in Part 10 of Division 10 of the Streets and Highways Code of California. Contact at the City of Chula Vista at (~ regarding this hearing. Dated: , 2008 City Clerk City of Chula Vista County of San Diego State of California PUBLISH DA 5-22 SECTION 8 NOTICE TO PROPERTY OWNERS 5-23 N B S Local Government Solutions CERTIFIED MAIL August 29, 2007 Eastlake Company LLC 13500 Evening Creek Dr. N. Ste. 400 San Diego, California 92128 RE: CITY OF CHULA VISTA REASSESSMENT DISTRICT NO. 2001-1 REASSESSMENT APPORTIONMENT REQUIREMENTS FOR APN(s): 643-040-16-00 Dear SirlMadam: The above referenced parcel(s) lie(s) within the boundaries of City of Chula Vista Reassessment District referenced above. Whenever a property subdivides in a 1915 Act Assessment District the assessment lien needs to be subdivided tc each of the newly created parcels, through what's called an °Apportionment Process" The apportionment process consists of filing an Amended Reassessment Diagram, a Notice of Amended Reassessment, and reconfiguring the original lien amounts to the newly created parcels based upon benefit received. Our files indicate that the above referenced parcel(s) have not undergone the apportionment process, and the purpose of this letter is to notify you that this process will need to be completed. At this point you have two options to proceed: 1) Payoff the Reassessment lien on your property in full, A payoff quote has been attached for your convenience or 2) Have the Assessment apportioned to each of the newly created parcels by filling out the enclosed Assessment Apportionment Application and paying the 990.00 fee to City of Chula Vista by September 28, 2007. If you choose to do nothing City of Chula Vista will apportion the Assessment lien on your property on your behalf through the Public Hearing Method, and this will result in additional costs up to 52.020.00 that would be applied to the next County Tax Bill of the newly created parcels. The Public Hearing Method requires three (3) Resolutions to be approved by the City Council and a Notice to be published and posted by the City Clerk. The costs related to these administrative procedures are added to the first year's levy and paid by the property owner of the newly created parcel(s). Filling out the application and paying the fee listed under Option 2 bypasses the Public Hearing Method and saves you and the District the cost of these additional administrative procedures. NOTICE IS HEREBY GIVEN that a payment in the amount of 990.00 must be made payable to City of Chula Vista, by September 28, 2007 In order to file the apportionment requirement. If the payment is not received on time, City of Chula Vista will be required to prepare the Amended Reassessment via the Public Hearing Method and levy all applicable costs to each of the newly created parcels from the subdivision. If you have any questions pertaining to this process please feel free to contact me at (600) 676-7516. Respectfully, A J , annon Ga 'a Resouroe Admi strative Assistant Enclosure Cc: Amy Partosan, City of Chula Vista 32605 Highway 79 South, Suite 100 Temecula, CA 925~r7ef'951.296.1997 I Toll-free: 800.676.7516 Fax: 951.296.1998 SECTION 9 RESOLUTION CONFIRMING AMENDED REASSESSMENTS 5-25 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-1 AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 2001-1 under and pursuant to state law; and WHEREAS, this Council adopted Resolution No. 2008-278, entitled "Resolution of the City Council of the City of Chula Vista Ordering the Making of Amended Reassessments Within Reassessment District No. 2001-1 Pursuant To Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto", in which the Council ordered the Superintendent of Streets to prepare and file with the City Clerk the Reassessment Apportionment Reports (the "Reports"), an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, which were previously recorded on the 22nd day of August, 2001 in Book 35, Page 36, Document No. 2001-0599190, segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits to the several parts of the original parcel; and WHEREAS, said Reports were duly made and filed, and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said Reports should stand as the Report for all subsequent proceedings under and pursuant to the aforesaid Resolution No. 2008-279; and WHEREAS, January 13, 2009, at the hour of 6 o'clock p.m., in the regular meeting place of this Council, was appointed as the time and place for hearing protests in relation to the Amended Reassessment Diagram and Amended Reassessment Roll of the parcels of land designated as Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, which were previously recorded on the 22nd day of August, 2001 in Book 35, Page 36, Document No. 2001- 059919Q segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefts of the several parts of the original parcels, plus costs and fees of making such apportionments, notices of which hearing were duly and regularly published; and WHEREAS, said hearing was duly and regularly held, and all persons interested in the original Reassessments, or in the lands affected thereby or in the bonds secured thereby desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said Amended Reassessments were fully heard and considered by this Council, and all protests, both written and oral, were duly heard and considered; 5-26 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as the legislative body of Reassessment District No. 2001-1, as follows: All written and oral protests are hereby overruled, and this Council has thereby acquired jurisdiction to order said Amended Reassessments and re-confirms said Amended Reassessment Diagram and Amended Reassessment Roll, referenced herein, and the costs and expenses thereof. Said Amended Reassessment Diagram and said Amended Reassessment Roll, referenced herein, filed with the City Clerk pursuant to "Resolution of the City Council of the City of Chula Vista Ordering the Making of Amended Reassessments Within Reassessment District No. 2001-1 Pursuant To Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto" is hereby, ratified, approved, and re-confirmed. The City Clerk of the City of Chula Vista shall forthwith: a) cause an Amended Notice of Reassessment, amending the Notice of Reassessment which was previously recorded for the Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, executed by the City Clerk of the City of Chula Vista, to be filed and recorded, in the office of the County Recorder of the County of San Diego and such Amended Notice of Reassessment to be in substantially the same form as provided in Section 3114 of the Streets and Highways Code of California; b) cause an Amended Reassessment Diagram, amending the Reassessment Diagram which was previously recorded on the 22nd day of August, 2001 in Book 35, Page 36, Document No. 2001-0599190 for the Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, executed by the City Clerk of the City of Chula Vista, to be filed and recorded, in the office of the County Recorder of the County of San Diego and such Amended Reassessment Diagram to be in substantially the same form as provided in Section 3114 of the Streets and Highways Code of California; c) deliver the Amended Reassessment Roll to the Superintendent of Streets, together with the Amended Reassessment Diagram, as approved and re- confirmed by this Council, with a certificate of such confirmation and the date thereof, executed by the City Clerk of the City of Chula Vista thereon. The Superintendent of Streets will record the Amended Reassessment Diagram and Amended Reassessment Roll in his office in a suitable book to be kept for that purpose, and appended thereto his certificate of the date of such recording, and such recordation shall be and constitute the Amended Reassessment Roll herein. 5-27 Presented by Richard Hopkins Engineering Director Approved as to form by Bart C. Miesfeld Interim City Attorney PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of January 2009, by the following vote: AYES: NOES: ABSENT: ATTEST: Cheryl Cox, Mayor Donna R. Norris, CMC, Interim City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do herby certify that the foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of January 2009. Executed this day of 2009. Donna R. Norris, CMC, Interim City Clerk 5-28 SECTION 10 NOTICE OF AMENDED REASSESSMENTS 5-29 Recordino recuested by: City of Chula Vista c/o N~B~S 32605 Temecula Parkway, Ste. 100 Temecula, CA 92592 After recordation, return to: City of Chula Vista c/o N~B~S 32605 Temecula Parkway, Ste. 100 Temecula, CA 92592 NOTICE OF AMENDED REASSESSMENT REASSESSMENT DISTRICT NO. 2001-1 AMENDING REASSESSMENT NO. 1658-1 Pursuant to the requirements of Section 3114 of the Streets and Highways Code of California, the undersigned City Clerk of the City of Chula Vista, County of San Diego, State of California, hereby gives notice that an Amended Reassessment Diagram and Reassessment Roll were recorded in the office of the Superintendent of Streets of the City, as provided for in said Section, and relating to the real property more particularly described on the Amended Reassessment Diagram filed in accordance with said Section on the day of 200_ in Book Page(s) Document No. Book of Maps of Assessment and Community Facilities Districts of the San Diego County Recorder. Said Amended Reassessment Diagram amends "Reassessment District No. 2001-1 Reassessment Diagram" filed on the 22"° day of August, 2001 in the office of said County Recorder in Book 35, at Page 36, Document No. 2001-0599190 of Maps of Assessment and Community Facilities Districts. Notice is further given that upon the recording of this Notice in the office of said County Recorder, the several assessments assessed on the lots, pieces and parcels as shown on said filed Amended Reassessment Diagram shall become a lien upon the lots or portions of lots assessed, respectively. Reference is made to the Amended Reassessment Diagram and Assessment Roll recorded in the office of said Superintendent of Streets of the City for the amount of each of the amended assessments. Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the amended assessments. City Clerk, City of Chula Vista, San Diego County Date 5-30 EXHIBIT "A" CITY OF CHULA VISTA REASESSMENT DISTRICT NO. 2001-1 AMENDING REASSESSMENT NO. 1658-1 Old Reassessment New Reassessment APN Number APN Number 643-040-16-00 1658-1 643-040-17-00 165 643-040-18-00 8 1658B 643-040-19-00 1658C Owner of Record: Eastlake Company LLC Page 1 of 1 5-31 ATTACHMENT 2 ~. ~_ 33._~ G dJ'$A~ CITY OF CHULA VISTA REASSESSMENT APPORTIONMENT REPORT "REASSESSMENT DISTRICT N0.2001-1" Amending Reassessment No. 1658-743 Prepared for: City of Chula Vista October 2008 5-32 TABLE OF CONTENTS SECTION APPORTIONMENT OF REASSESSMENTS ................................................................................................1 PRIOR ASSESSOR'S PARCEL MAPS CURRENT ASSESSOR'S PARCEL MAPS .................................................................................................3 AMENDED REASSESSMENT D/AGRAM .................................................................... RESOLUTION ORDERING AMENDED REASSESSMENTS ....................................... RESOLUTION OF PRELIMINARY APPROVAL ........................................................... NOTICE OF HEARING ON AMENDED REASSESSMENTS ....................................... NOTICE TO PROPERTY OWNERS .............................................................................. RESOLUTION CONFIRMING AMENDED REASSESSMENTS ..................................................................9 NOTICE OF AMENDED REASSESSMENTS ............................................................................................10 5-33 SECTION 1 APPORTIONMENT OF REASSESSMENTS 5-34 a H CI S X w ~„ o~ N ~ ~ Z Z N_ ~ U Z 5~~ 7 W N f=j O W u' Z N ~Ww h y ~ U y ~ W Z Q ~ W Z ~ W Q d U C tb .m n m E Z a a O m a O d m t0 d V Q U J T C R 6 E 0 U d Y m N t0 W a O U d O Y C 3 O 0 d R a 5-35 SECTION 2 PRIOR ASSESSOR'S PARCEL MAPS 5-36 a ~ g ~A ~O N~~ ~~F ~~\S ~~N ~~~ ~~, k ~='~°~ ~ x ~ A ~ , ,m 9 9 ~ ~ ~ k .3 ~ a a a a a a a a a a a m e- a @ 8 gg 8 g g 8 3 @ g g 6 ~' ~ n ~ n ~ ^ § ~~ ~~ a aI a 4 a8 a S a A ` ` q ^ ` ~ 2 e _ z F a a . . 6 (} d S ~ n ~ { ~ W 1 i~ n a tea. Fm WWnm WU",m ~N OV 6°'~o'`JX ~~~~ o + n m Y ~ d ~ ~i ~a ~ ~' ~ _ ~ '~ i N a ~ i i ~a x ~g ~N i 'a dH ~ n d w e um $ a$ a~ ~ ~mn ~"' ty,°R ~$ QNY ~ma zoiO N im`~ imR z"m'y~{ rm"y' sm ' ~$yR~~ ~O-zm wn a°y~ R° rcQ~W rcn~ zmr °a ~~~ a ~icvsi o~io~^~gOR °~°~ ~~i°~ u~xG g€~Y~ S~x~ °°Oq S6~'65a ~~~~ ~#°o~~~o~ ~~o a z~~~~~oHU'~°.. 3N°.. ~xW° °.. ~NOO.. Bn°.. ~~2°S °NO.. u~°~ °u~°..°~o.. uwV F¢- VNO~ • N A r ~ ~ r r ~ ~ r N ry N ~~ w ~~l// S y ~ Q (a J ao is~ap 3NV~ -O, 664%d ax S,~ ~ Q ~ ~ n ~ 4yy tgaty R,yt9 wao O rO •u O ~ ~ 51.1.3N AVM N33a0 3 m. O G C ~ A „ ° « in 5 T ~~~ _ ~ ' ti3l ~Q ~ Y M ~j G ~ r a. CC N N = I=tl Q v ~ *,y~ ~ U S ~~ ` 8 -V a ~ x ~ m m Oa N33230 30NV0 s . m ~ ~ n a a ° ~ _ ' ~ ~ ~ ~ Y •- °i ~ 0 '? y+ : Z _ N ~OFS ° d a v~ ago ~a.¢ _ w - ~ n " ~G~ ~P ~. ~P~P 0 OHO .n s . N ~ ` G 5-37 .R'1 Uli QMY- d-id SYN MII SGLL~ WV Sf'~1 PL0400UEOILI SECTION 3 CURRENT ASSESSOR'S PARCEL MAPS 5-38 ~~~ ~ ~i N~ o<; I~ ~"a; t~F II ~~ ~ ox ~>a ~ N -~ ~-=•~ t s s a a a a % a s a~a a s e s s a ~ ~ ~ ~ € g eg '` ~~ ~ ~ ~ ' ~ ~ ~ e ~ ~ a ~ ~ ° c a a c c . z x n a a y~+ d 6 = x v # Y ~t i a 2 R c z z ^ e R ^ a p a : q { g . + fi . a fi a s ~ 5 ~ w g LL a ~ ~~ z m~ ~_~ °N ion ~r~ ~~^' ~ < 'c ~ ° rent rc~i wo~v, p 0 ~ itl itl ~tl o_oA 0i°w crow Z on ~m w a ~~°°~ ono„ ENO m N n a ° m ~ ~ N ~ ~ ~ µnµ~~ v n atl 2 e ~ i <_ m ~< j N d z =rv ~ a ~ nO rv z ~ uO< c ~xN s &nn W ~~ a r O$ dig t4i ;yo n $n+n 4 OR ao go 3~r ~ c~'N ~m r Wa a° V^c &a & ' !n _ rv ~ v _ I =n~ i~ m ~ ~ ^ i ar ho ~ ~ t t <pn~ ~y <~ O~~JA ozn~ ~Y _ Oz~~ ~ p o¢a~ o¢g~ ~' ~ rcO~O~ou oip° °0.°03, v i o 3 o 0s ~0 c o g g w°°d °~° o0 b~o~ ~` ' ~~ ° x ' ~ 00 oWW ~~tlf ii ~`~' o oo c0 ~`~~ N ~~M~ 3°~,u~ ~~o'~ ~~~~ . ~G,~',° uv°~ow'" a° n~ ~ u v r ~ ~u~ Uw p"VN G.J ~ ~ ~ . ^ ~ N [V tv N S q ~ _ _ _ ~ ~ , S ~ ~ f _ C IIYd /+ih 1S W ~` M < < 9B~eln~ _ .y ry~ ~ ~~ ~ ~ ~ .4 $tl O .e ~ ~ O I I ~ Z I ~ tO .. 1" ° ' ssoosnd,. ~ J ~f } " • ~'i ~R ~ rr, Ir ~ ~ ~ ~ M 2. ~ ~ _ wJ ~ ~ Y ~ n t Q J ~ Z • aV/• y J a ~ g ' ~ S 42V N332i~ 30N*l~ ~ _ N 3 o ~ ~ ~ e m n Or U ~ ~ ~ ~ ^ ~" ~ ~ ago ~ o ~ ~ ~ ~ ~ o: _ n Y 'r N m a_ ~ r,O m„ ii N a`.l" ~~ ~ ,ltlM H3321~ 31tl9_tl (~ • ~ .~ _ . `~ a SECTION 4 AMENDED REASSESSMENT DIAGRAM 5-40 LL g p O ~ <d Lw w£ ~ O w W b ~3.a isp `F.i m 3 ~ _ ~ vsS 3'~S ~°~a go w 5 ~ $ ~oi~`>~ ~ ~~Wg ~o ~ i 'z E €iu~_~ €~'~, ~o y W w z ~ 1 ~ ~~~ 9W ~68= 3 ~ ~ '~ ~~ ~~.G~a ~ ~ 3s =a Wn 5~ ~ ~E ~~a~xe~ ~~ =I~ o~ s~ F~ w II ~3 WG ~~~as~ r' ~ tt ~o.~ °~9 w v ,. s3 ..o e~ c~~~~~~ 'ate ~k4~~ ko~ °~z J ~($9 O !t~ ~° t iii ~~~ oZ ~ ~ ~ ~ ~ ~ ~ ~ W U ~°~ z ~ N W ~ ~ (~ ~ >zo w (n N ,gj y ¢ w s, N~ v o LL w t fn ~ ~z w w a Z ~ ~ ¢ ~ W W "~y ~ ~ s r,~ a'a} fA w I ~'' z W N a ,J ~ N w Q '1 a ~ ~' ,~ ej p3 o~/P ~ @ g i ~C ad m f ~ a m~' ~y~° Iff ~~ W i N ~ r E~6 N w¢ / / n~= I J m~ ~.s so ~ N ~sI eJ 1~IQ o9' ~2ts ~_ ~~1 z~? ~E_~s m °g"a "a= _ Z 5-41 SECTION 5 RESOLUTION ORDERING AMENDED REASSESSMENTS 5-42 RESOLUTION N0.2008-278 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE MAKING OF AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-1 PURSUANT TO PART 10 OF DIVISION 10 OF THE STREETS AND HIGHWAYS CODE AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 2001-1 under and pursuant to state law; and WHEREAS, pursuant to the Improvement Bond Act of 1915 and Resolution No. 2001- 211, entitled "RESOLUTION OF THE CITY OF CHULA VISTA APPROVING THE REPORT OF THE ASSESSMENT ENGINEERS AND CONFIRMING REASSESSMENTS WITHIN REASSESSMENT DISTRICT 2001-1", adopted by this Council on the 10`~ day of July, 2001, special reassessments were confirmed to pay the costs of the acquisitions and improvements as more particularly described in said Resolution. Said Reassessments are set forth on a Reassessment Diagram and Reassessment Roll, heretofore confirmed by this Council and filed and recorded with the City Clerk of the City of Chula Vista, County of San Diego; and WHEREAS, certain parcels of land designated as Reassessment Numbers 1658-I, 1658- 743, 1658-411 and 1658-412 upon which there are unpaid Reassessments where bonds have been issued under the Improvement Bond Act of 1915, commencing with Section 8500 of the Street and Highways Code of California, have been divided so that they no longer conform to the original parcel boundaries as shown on said Reassessment Diagram; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, as the legislative body of Reassessment District No. 2001-1, as follows: The Superintendent of Streets of the City of Chula Vista shall cause to be filed with the City Clerk the Reassessment Apportionment Reports, an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658- 412, which were previously recorded on the 22nd day of August, 2001 in Book 35, Page 36, Document No. 2001-0599190, segregating and apportioning the unpaid installments of the original Reassessment in accordance with the benefits to the several parts of the original parcel. Presented by Approved as to form by Richard Hopkins Director of Engineering Bart C. Miesfeld Interim City Attorney 5-43 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of December 2008 by the following vote: AYES: NOES: ABSENT: Cheryl Cox, Mayor ATTEST: Donna R. Norris, CMC, Interim City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do herby certify that the foregoing Resolution No 2008-278 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9th day of December 2008. Executed this _ day of 2008. Donna R. Norris, CMC, Interim City Clerk 5-44 SECTION 6 RESOLUTION OF PRELIMINARY APPROVAL 5-45 RESOLUTION NO. 2008-279 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PRELIMINARILY APPROVING AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-1, ORDERING THE PUBLIC HEARING, AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 2001-1 under and pursuant to state law; and WHEREAS, this Council heretofore adopted Resolution No. 2008-278, entitled "Resolution of the City Council of the City of Chula Vista Ordering the Making of Amended Reassessments Within Reassessment District No. 2001-1 Pursuant To Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto", in which the Council ordered the Superintendent of Streets to prepare and file with the City Clerk Reassessment Apportionment Reports (the "Reports"), an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658- 412, which were previously recorded on the 22nd day of August, 2001 in Book 35, Page 36, Document No. 2001-0599190, segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits to the several parts of the original parcels. WHEREAS, said Reports, have been made and filed and duly considered by this Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as the legislative body of Reassessment District No. 2001-1, as follows: Said Reports as a whole and each part thereof, to wit: (a) the Amended Reassessment Diagram showing the Amended Reassessments and dimensions of the respective amended subdivisions of land with respect to said Amended Reassessments; (b) the apportionment of the total amount of the costs and expenses of the proposed Amended Reassessments upon the several amended subdivisions of land in proportion to the estimated benefits to be received by said amended subdivisions, respectively, and of the expenses incidental thereto; are sufficient and are preliminarily approved. 2. Said Reports shall stand as the Report for the purpose of all subsequent proceedings herein. 5-46 3. January 13, 2009, at the hour of 6 o'clock p.m., in the regular meeting place of this Council, is hereby appointed and fixed as the time and place when and where this Council will hear any objections or protests to said Amended Reassessments for the Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, which were previously recorded on the 22nd day of August, 2001 in Book 35, Page 36, Document No. 2001-0599190, and will consider and finally determine whether the public interest, convenience and necessity require said Amended Reassessments, and when and where it will consider and finally act upon said Report. 4. The City Clerk of the City of Chula Vista shall cause notice of said hearing to be given by publication once a week for two (2) weeks in a local newspaper published and circulated in the City of Chula Vista. The first publication of said notice shall be completed at least fifteen (15) days before the date herein set for said hearing. Said notice shall be headed "Notice of Hearing on Amended Reassessments" and shall state: the filing of said Reports; the date, time and place set for and purpose of the hearing on said Reports and of protests; a brief description of the proposed Amended Reassessments; that any person interested in the original Reassessments or in the lands affected thereby or in the bonds secured thereby may appear and protest as provided in Part 10 of Division 10 of the Streets and Highways Code of California; and that reference is made to said Reports for further particulars. Presented by Richard Hopkins Engineering Director Approved as to form by Bart C. Miesfeld Interim City Attorney PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, Califomia, this 9th day of December 2008 by the following vote: AYES: NOES: ABSENT: ATTEST: Cheryl Cox, Mayor 5-47 Donna R. Norris, CMC, Interim City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do herby certify that the foregoing Resolution No. 2008-279 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9th day of December 2008. Executed this _ day of 2008. Donna R. Norris, CMC, Interim City Clerk 5-48 SECTION 7 NOTICE OF HEARING ON AMENDED REASSESSMENTS 5-49 NOTICE OF HEARING ON AMENDED REASSESSMENTS CITY OF CHULA VISTA REASSESSMENT DISTRICT NO. 2001-1 REASSESSMENT DISTRICT N0.2001-2 NOTICE IS HEREBY GIVEN that pursuant to the order of the City Council (the "Council") of the City of Chula Vista, the Superintendent of Streets has caused to be ftled Reassessment Apportionment Reports including an Amended Reassessment Diagram with the parcels shown as Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, within Reassessment District No. 2001-1 and Reassessment Number 12649-02 within Reassessment District No. 200]-2. The Reassessment Apportionment Reports have been preliminarily approved by this Board pursuant to Resolution No 2008-279 and Resolution No. 2008-281 adopted on December 9, 2008, to all of which reference is hereby made for further particulars. NOTICE IS FURTHER GIVEN that on January 13, 2009, at the hour of 6 o'clock p.m. at the regular meeting place of the City Council of the City of Chula Vista, a hearing will be held concerning said Amended Reassessments, at which time all persons interested in said original Reassessments, or in the lands affected thereby, or in the bonds secured thereby, may appear and protest against the same as provided in Part 10 of Division 10 of the Streets and Highways Code of California. Contact at the City of Chula Vista at (_) regarding this hearing. Dated: , 2008 City Clerk City of Chula Vista County of San Diego State of California PUBLISH DA 5-50 SECTION 8 NOTICE TO PROPERTY OWNERS 5-51 Niels Local Government Solutions August 29, 2007 Eastlake Company LLC 13500 Evening Creek Dr. N. Ste. 400 San Diego, California 92128 RE: CITY OFCHULAVISTA REASSESSMENT DISTRICT NO. 2001-1 REASSESSMENT APPORTIONMENT REQUIREMENTS FOR APN(sJ: 643-520.37-00 Dear Sir/Madam; The above referenced parcel(s) lie(s) within the boundaries of City of Chula Vista "Reassessment District No. 2001-1" referenced above. Whenever a property subdivides in a 1915 Act Assessment District the assessment lien needs to be subdivided to each of the newly created parcels, through what's called an "Apportionment Process " The apportionment process consists of filing an Amended Reassessment Diagram, a Notice of Amended Reassessment, and reconfiguring the original lien amounts to the newly created parcels based upon benefit received. Our files indicate that the above referenced parcel(s) have not undergone the apportionment process, and the purpose of this letter is to notify you that this process will need to be completed. At this point you have Iwo options to proceed: 1) Payoff the Reassessment lien on your property in full, you can obtain a payoff quote by calling N~B~S. Or 2) Have the Assessment apportioned to each of the newly created parcels by filling out the enclosed Assessment Apportionment Application and paying the 990.00 fee to City of Chula Vista by September 28, 2007. If you choose to do nothing City of Chula Vista will apportion the Assessment lien on your property on your behalf through the Public Hearing Method, and this will result in additional casts up to 52.020.00 that would be applied to the next County Tax Bill of the newly created parcels. The Public Hearing Method requires three (3) Resolutions to be approved by the City Council and a Notice to be published and posted by the City Clerk. The costs related to these administrative procedures are added to the first year's levy and paid by the properly owner of the newly created parcel(s). Filling out the application and paying the fee listed under Option 2 bypasses the Public Hearing Method and saves you and the District the cost of these additional administrative procedures. NOTICE IS HEREBY GIVEN that a payment in the amount of 990.00 must be made payable to City of Chula Vista, by September 28, 2007 in order to file the apportionment requirement. ff the payment is not received on time, City of Chula Vista will be required to prepare the Amended Reassessment via the Public Hearing Method and levy all applicable costs to each of the newly created parcels from the subdivision. If you have any questions pertaining to this process please feel free to contact me at (800) 676-7516. Respectfully, annon Ga a C~(~--' Resource Admimstrative Assistant Enclosure Cc: Amy Partosan, City of Chula Vista 32605 Highway 79 South, Suite 100 ~ Temecula, CA 925~~Yefr 951.296.1997 ~ Toll-free: 800.676.751fi ~ Fax: 951.29fi.1998 SECTION 9 RESOLUTION CONFIRMING AMENDED REASSESSMENTS 5-53 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-1 AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the fotrr~ation of Reassessment District No. 2001-1 under and pursuant to state law; and WHEREAS, this Council adopted Resolution No. 2008-278, entitled "Resolution of the City Council of the City of Chula Vista Ordering the Making of Amended Reassessments Within Reassessment District No. 2001-1 Pursuant To Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto", in which the Council ordered the Superintendent of Streets to prepare and file with the City Clerk the Reassessment Apportionment Reports (the "Reports"), an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, which were previously recorded on the 22nd day of August, 2001 in Book 35, Page 36, Document No. 2001-0599190, segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits to the several parts of the original parcel; and WHEREAS, said Reports were duly made and filed, and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said Reports should stand as the Report for all subsequent proceedings under and pursuant to the aforesaid Resolution No. 2008-279; and WHEREAS, January 13, 2009, at the hour of 6 o'clock p.m., in the regular meeting place of this Council, was appointed as the time and place for hearing protests in relation to the Amended Reassessment Diagram and Amended Reassessment Roll of the parcels of land designated as Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, which were previously recorded on the 22nd day of August, 2001 in Book 35, Page 36, Document No. 2001- 0599190, segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits of the several parts of the original parcels, plus costs and fees of making such apportionments, notices of which hearing were duly and regularly published; and WHEREAS, said hearing was duly and regularly held, and all persons interested in the original Reassessments, or in the lands affected thereby or in the bonds secured thereby desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said Amended Reassessments were fully heard and considered by this Council, and all protests, both written and oral, were duly heard and considered; 5-54 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as the legislative body of Reassessment District No. 2001-1, as follows: 1. All written and oral protests are hereby overruled, and this Council has thereby acquired jurisdiction to order said Amended Reassessments and re-confirms said Amended Reassessment Diagram and Amended Reassessment Roll, referenced herein, and the costs and expenses thereof. 2. Said Amended Reassessment Diagram and said Amended Reassessment Roll, referenced herein, filed with the City Clerk pursuant to "Resolution of the City Council of the City of Chula Vista Ordering the Making of Amended Reassessments Within Reassessment District No. 2001-1 Pursuant To Part 10 of Division ]0 of the Streets and Highways Code and Directing Actions With Respect Thereto" is hereby, ratified, approved, and re-confirmed. 3. The City Clerk of the City of Chula Vista shall forthwith: a) cause an Amended Notice of Reassessment, amending the Notice of Reassessment which was previously recorded for the Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, executed by the City Clerk of the City of Chula Vista, to be filed and recorded, in the office of the County Recorder of the County of San Diego and such Amended Notice of Reassessment to be in substantially the same form as provided in Section 3114 of the Streets and Highways Code of California; b) cause an Amended Reassessment Diagram, amending the Reassessment Diagram which was previously recorded on the 22nd day of August, 2001 in Book 35, Page 36, Document No. 2001-0599190 for the Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, executed by the City Clerk of the City of Chula Vista, to be filed and recorded, in the office of the County Recorder of the County of San Diego and such Amended Reassessment Diagram to be in substantially the same form as provided in Section 31 14 of the Streets and Highways Code of California; c) deliver the Amended Reassessment Roll to the Superintendent of Streets, together with the Amended Reassessment Diagram, as approved and re- confirmed by this Council, with a certificate of such confirmation and the date thereof, executed by the City Clerk of the City of Chula Vista thereon. The Superintendent of Streets will record the Amended Reassessment Diagram and Amended Reassessment Roll in his office in a suitable book to be kept for that purpose, and appended thereto his certificate of the date of such recording, and such recordation shall be and constitute the Amended Reassessment Roll herein. 5-55 Presented by Richard Hopkins Engineering Director Approved as to form by Bart C. Miesfeld Interim City Attorney PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of January 2009, by the following vote: AYES: NOES: ABSENT: Cheryl Cox, Mayor ATTEST: Donna R. Norris, CMC, Interim City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do herby certify that the foregoing Resolution No. was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of January 2009. Executed this day of 2009. Donna R. Norris, CMC, Interim City Clerk 5-56 SECTION 10 NOTICE OF AMENDED REASSESSMENTS 5-57 Recording requested bv: City of Chula Vista c/o N~B~S 32605 Temecula Parkway, Ste. 100 Temecula, CA 92592 After recordation return to: City of Chula Vista c/o N~B~S 32605 Temecula Parkway, Ste. 100 Temecula, CA 92592 NOTICE OF AMENDED REASSESSMENT REASSESSMENT DISTRICT N0.2001-1 AMENDING REASSESSMENT NO. 1658-743 Pursuant [o the requirements of Section 3114 of the Streets and Highways Code of Califomia, the undersigned City Clerk of the City of Chula Vista, County of San Diego, State of California, hereby gives notice that an Amended Reassessment Diagram and Reassessment Roll were recorded in the office of the Superintendent of Streets of the City, as provided for in said Section, and relating to the real property more particularly described on the Amended Reassessment Diagram filed in accordance with said Section on the day of 200_ in Book Page(s) Document No. Book of Maps of Assessment and Community Facilities Districts of the San Diego County Recorder. Said Amended Reassessment Diagram amends "Reassessment District No. 2001-1 Reassessment Diagram" filed on the 22"d day of August, 2001 in the office of said County Recorder in Book 35, at Page 36, Document No. 2001-0 5991 90 of Maps of Assessment and Community Facilities Districts. Notice is further given that upon the recording of this Notice in the office of said County Recorder, the several assessments assessed on the lots, pieces and parcels as shown on said filed Amended Reassessment Diagram shall become a lien upon the lots or portions of lots assessed, respectively. Reference is made to the Amended Reassessment Diagram and Assessment Roll recorded in the office of said Superintendent of Streets of the City for the amount of each of the amended assessments. Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the amended assessments. City Clerk, City of Chula Vista, San Diego County Date 5-58 EXHIBIT "A" CITY OF CHULA VISTA REASESSMENT DISTRICT NO. 2001-1 AMENDING REASSESSMENT NO. 1658-743 Old Reassessment New Reassessment APN Number APN Number 643-520-37-00 1658-743 643-520-57-00 1658-743A 643-520-58-00 1658-7438 Owner of Record: Eastlake Company LLC Page 1 of 1 5-59 ATTACHMENT 3 Q DRAFT CITY OF CHULA VISTA REASSESSMENT APPORTIONMENT REPORT "REASSESSMENT DISTRICT NO. 2001-1" Amending Reassessment Nos. 1658-411 & 1658-412 Prepared for: City of Chula Vista October 2008 5-60 TABLE OF CONTENTS APPORTIONMENT OF REASSESSMENTS ....................................................... PRIOR ASSESSOR'S PARCEL MAPS .............................................................. CURRENT ASSESSOR'S PARCEL MAPS ........................................................ AMENDED REASSESSMENT DIAGRAM .......................................................... RESOLUTION ORDERING AMENDED REASSESSMENTS ............................. RESOLUTION OF PRELIMINARY APPROVAL ................................................. NOTICE OF HEARING ON AMENDED REASSESSMENTS ............................. NOTICE TO PROPERTY OWNERS .................................................................... RESOLUTION CONFIRMING AMENDED REASSESSMENTS ......................... NOTICE OF AMENDED REASSESSMENTS ..................................................... SECTION 1 ................. ........ 2 ................. ........ 3 ................. ........ 4 ................. ........ 5 ................. ........ 6 ................. ........ 7 _8 .9 10 5-61 SECTION 1 APPORTIONMENT OF REASSESSMENTS 5-62 N V W b r ~ O '- O ~ N V ads ~Z~ y F > U ryj 5~$ ~ Syr fG = ~ Z U W LL W O W N N F N y C1W N N W a ~ W K Z 2 W a a J t0 J _m L U N m Vi d Y y f0 W a O U d O d C O 0 m a 5-63 SECTION 2 PRIOR ASSESSOR'S PARCEL MAPS 5-64 W.ya~~muucm. ~ ~ pp NO ~R 'M ^m ~Kh Ug ~~=rn Vf ~~ 8N .'{ ~~ N N b ~ N J Qv ~~ /lf ~ ~Q OOY'G r ~m <. e ~:4 ~I h1:J *~tis e.~ m s M°~-° v` i M® 1J I ~ ~ a` ~, ~{ ~` aado. ~~ y~ ~R `~ n$ ~ ~ P 4 ' < ~ ~ , O ~ 3 prM~ a r+ ~ «M al^J a M® !' 1< _ R a*"' ld 3JOIN OH~3 ~ S a N~ w as ~ ~/ n HO a~ "~ ~O~ mn a v ^~ W ~~ o ~ ~ O T U W ra V ~~ d J N n` <^ 4 ~ u~ n r ,4e i~ + u•, -(yy 3~oiy ~. F oy~ `x 3 aO 9 ~/l $ { w a Oi N x a H 5 1~ __ ls~'~J Y J'J~6,) a w 0 i 0 O Z r a N 5 Q J 2 V O °< Q r mxinm rs+wmwnc«,ras xm w~.iam wx bn s¢WU S.umtsv woxs nwweo,.wax nu mi c~mvawfema .en sawn ixrsvm ixe cram~mar ua Wd 96~OL l~ SaOZlLW90 SECTION 3 CURRENT ASSESSOR'S PARCEL MAPS 5-66 ~w o ^o M aN II NN -~.~E.`~ 3 f N N ~p F- N N ~, 1 ?P~~ ~`~r o"°~?`' v ~~ ~bM e ~of~ 0~3 a "n Sa gb x ppl~y m j ~V ' ep Q- 2 O) ~ ~ v ~.l'J~ N ~ 6 ,~n/~ "'~ '~J a a o ~ '~S sy ~~b ~"y4' S 5 an, LLar ld 39 ~ ~ __ n + c 0121 0HJ3 `q~ w w H q: ~ Y Y } ru ~ A ~® x f ~ ^0 [ \ QQ a ~ ~.: OO J w w s rt ~ "'cl ~~~j O O 9 ~ ~~... d, J I I 00 1 Y Sw ~~s z Z + N }~.,.,~~ n d vv1 r- 1U-F rv \f/~ Q¢ F- ~ Yin S 5 _ ~ U J J O ~ ~ ~ Op U U O ~ y ov W N N a N_d_ as as r ~~ 5-67 Si`NiNSp 9NOYd tl0 fp5fW2f6'IY~T NIIY A'iAW lOiF AM SRlrid SN7Sffi1' 'NM016 ttM 31l A l~Yb'IWY 3N1 IAi ®A6SY 51 AL16Y11 ON 'AYp SEO~M 1N116S~Y U1A ®ffditld SM dYA S1U SECTION 4 AMENDED REASSESSMENT DIAGRAM 5-68 LL S "o$z r ~ s w si ~~ ~ d$ o w w ~ a Fo~w ~ `~C z % «~~~c ~~ ~0 3 m W ~ ~ ~ ~~~$~~ ~ ~wa~ ~y ~ 4 w ~ gWg a W `~'~ ~~ ~ ~~~~m LLj ~€ z ~ ; ~ 2 c t yG 3 ay ~ ~~° ~ 1 ~ ~~ ~~ s~~~,a3 :~=LL ~€ ~~ 3 Q3LL`„PO pa z y3 ~`o ~~ W ~ ~a~ +I1 ~c ~$ 3a~~'€ ~~ os e~ C a'y O 1. ~ ~~ e~ :~`m~ tt s ieyy ~~3 oy W ( V 3 c~ 3 s »y~3 as ~. -~ , T ~ ~" y r a ~ oO ~3~ ~? Y ~`?~~~ Q „ N ~~ A ~ Qk~ Q O h t Z eG ~ l f ~"~ W~ ~~ 1 C y W G > p O y Il~~ I ~ N guai¢ ~ 3 ~~ I11 ' A 2 LL U = ~, Z W O ~'--°.~ V N p U~ W W ~ ~~ V/ ~ O Z W N ~f o 3~vtaaoaw o~3 Q~ ~ 7 Q y z `` - W Wc U O N y f('/~ ~ ~N Z ~ ~~~ v/ ^ 1 V a W Q a ? ~ W Q Q. 8 . `s ~ 4 $sm ^'.w S-S w n~: M1 ~ ~ RiA :~ d e~° N N ~ a9 y W $F$ W N - C 4 y C r O7 8~ N 'a se "'~ w `' ~ ° z -~'Na ~g-: ~'~~ --w aW~"5 X33 m s a: Z 5-69 SECTION 5 RESOLUTION ORDERING AMENDED REASSESSMENTS 5-70 RESOLUTION NO. 2008-278 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE MAKING OF AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-1 PURSUANT TO PART 10 OF DIVISION 10 OF THE STREETS AND HIGHWAYS CODE AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 2001-1 under and pursuant to state law; and WHEREAS, pursuant to the Improvement Bond Act of 1915 and Resolution No. 2001- 211, entitled "RESOLUTION OF THE C[TY OF CHULA VISTA APPROVING THE REPORT OF THE ASSESSMENT ENGINEERS AND CONFIRMING REASSESSMENTS WITHIN REASSESSMENT DISTRICT 2001-P', adopted by this Council on the 10"' day of July, 2001, special reassessments were confirmed to pay the costs of the acquisitions and improvements as more particularly described in said Resolution. Said Reassessments are set forth on a Reassessment Diagram and Reassessment Roll, heretofore confirmed by this Council and filed and recorded with the City Clerk of the City of Chula Vista, County of San Diego; and WHEREAS, certain parcels of land designated as Reassessment Numbers 1658-1, 1658- 743, 1658-411 and 1658-412 upon which there are unpaid Reassessments where bonds have been issued under the Improvement Bond Act of 1915, commencing with Section 8500 of the Street and Highways Code of California, have been divided so that they no longer conform to the original parcel boundaries as shown on said Reassessment Diagram; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, as the legislative body of Reassessment District No. 2001-1, as follows: The Superintendent of Streets of the City of Chula Vista shall cause to be filed with the City Clerk the Reassessment Apportionment Reports, an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658- 412, which were previously recorded on the 22nd day of August, 2001 in Book 35, Page 36, Document No. 2001-0599190, segregating and apportioning the unpaid installments of the original Reassessment in accordance with the benefits to the several parts of the original parcel. Presented by Approved as to form by Richard Hopkins Director of Engineering Bart C. Miesfeld Interim City Attorney 5-71 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of December 2008 by the following vote: AYES: NOES: ABSENT: Cheryl Cox, Mayor ATTEST: Donna R. Norris, CMC, Interim City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do herby certify that the foregoing Resolution No 2008-278 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9th day of December 2008. Executed this day of 2008 Donna R. Norris, CMC, Interim City Clerk 5-72 SECTION 6 RESOLUTION OF PRELIMINARY APPROVAL 5-73 RESOLUTION NO. 2008-279 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PRELIMINARILY APPROVING AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-1, ORDERING THE PUBLIC HEARING, AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 2001-1 under and pursuant to state law; and WHEREAS, this Council heretofore adopted Resolution No. 2008-278, entitled "Resolution of the City Council of the City of Chula Vista Ordering the Making of Amended Reassessments Within Reassessment District No. 2001-1 Pursuant To Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto", in which the Council ordered the Superintendent. of Streets to prepare and ftle with the City Clerk Reassessment Apportionment Reports (the "Reports"), an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658- 412, which were previously recorded on the 22nd day of August, 2001 in Book 35, Page 36, Document No. 2001-0599190, segregating and apportioning the unpaid installments of the original Reassessments in accordance with The benefits to the several parts of the original parcels. WHEREAS, said Reports, have been made and filed and duly considered by this Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as the legislative body of Reassessment District No. 2001-1, as follows: 1. Said Reports as a whole and each part thereof, to wit: (a) the Amended Reassessment Diagram showing the Amended Reassessments and dimensions of the respective amended subdivisions of land with respect to said Amended Reassessments; (b)the apportionment of the total amount of the costs and expenses of the proposed Amended Reassessments upon the several amended subdivisions of land in proportion to the estimated benefits to be received by said amended subdivisions, respectively, and of the expenses incidental thereto; are sufficient and are preliminarily approved. 2. Said Reports shall stand as the Report for the purpose of all subsequent proceedings herein. 5-74 3. January 13, 2009, at the hour of 6 o'clock p.m., in the regular meeting place of this Council, is hereby appointed and fixed as the time and place when and where this Council will hear any objections or protests to said Amended Reassessments for the Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, which were previously recorded on the 22nd day of August, 2001 in Book 35, Page 36, Document No. 2001-0599190, and will consider and finally determine whether the public interest, convenience and necessity require said Amended Reassessments, and when and where it will consider and finally act upon said Report. 4. The City Clerk of the City of Chula Vista shall cause notice of said hearing to be given by publication once a week for two (2) weeks in a local newspaper published and circulated in the City of Chula Vista. The first publication of said notice shall be completed at least fifteen (15) days before the date herein set for said hearing. Said notice shall be headed "Notice of Hearing on Amended Reassessments" and shall state: the filing of said Reports; the date, time and place set for and purpose of the hearing on said Reports and of protests; a brief description of the proposed Amended Reassessments; that any person interested in the original Reassessments or in the lands affected thereby or in the bonds secured thereby may appear and protest as provided in Part 10 of Division 10 of the Streets and Highways Code of Califomia; and that reference is made to said Reports for further particulars. Presented by Richard Hopkins Engineering Director Approved as to form by Bart C. Miesfeld Interim City Attorney PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, Califomia, this 9th day of December 2008 by the following vote: AYES: NOES: ABSENT: ATTEST: Cheryl Cox, Mayor 5-75 Donna R. Norris, CMC, Interim City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CFIULA VISTA I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do herby certify that the foregoing Resolution No. 2008-279 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9th day of December 2008. Executed this day of 2008. Donna R. Norris, CMC, Interim City Clerk 5-76 SECTION 7 NOTICE OF HEARING ON AMENDED REASSESSMENTS 5-77 NOTICE OF HEARING ON AMENDED REASSESSMENTS CITY OF CHULA VISTA REASSESSMENT DISTRICT NO. 2001-1 REASSESSMENT DISTRICT N0.2001-2 NOTICE IS HEREBY GIVEN that pursuant to the order of the City Council (the "Council") of the City of Chula Vista, the Superintendent of Streets has caused to be filed Reassessment Apportionment Reports including an Amended Reassessment Diagram with the parcels shown as Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, within Reassessment District No. 2001-1 and Reassessment Number 12649-02 within Reassessment District No. 2001-2. The Reassessment Apportionment Reports have been preliminarily approved by this Board pursuant to Resolution No 2008-279 and Resolution No. 2008-281 adopted on December 9, 2008, to all of which reference is hereby made for further particulars. NOTICE IS FURTHER GIVEN That on January 13, 2009, at the hour of 6 o'clock p.m. at the regular meeting place of the City Council of the City of Chula Vista, a hearing will be held concerning said Amended Reassessments, at which time all persons interested in said original Reassessments, or in the lands affected thereby, or in the bonds secured thereby, may appear and protest against the same as provided in Part 10 of Division 10 of the Streets and Highways Code of California. Contact at the City of Chula Vista at (~ regarding this hearing. 2008 City Clerk City of Chula Vista County of San Diego State of California PUBLISH DA 5-78 SECTION 8 NOTICE TO PROPERTY OWNERS 5-79 N~B S Local Government Solutions May 29, 2007 Eastlake Vistas -Chula Vista LP 1250 S. Grove Avenue Barrington, IL 60010 RE: CITY OF CHULA VISTA REASSESSMENT DISTRICT NO. 2001-1 REASSESSMENT APPORTIONMENT REQUIREMENTS FOR APN(s): 643-512-33-00 8 643-512.34-00 Dear Eastlake Vistas -Chula Vista LP: The above referenced parcel(s) lie(s) within the boundaries of City of Chula Vista Reassessment District referenced above. Whenever a property subdivides in a 1915 Act Assessment District the assessment lien needs to be subdivided to each of the newly created parcels, through what's called an "Apportionment Process " The apportionment process consists of fling an Amended Reassessment Diagram, a Notice of Amended Reassessment, and reconfiguring the odginal lien amounts to the newly created parcels based upon benefit received. Our files indicate that fhe above referenced parcel(s) have not undergone the apportionment process, and the purpose of this letter is to notify you that this process will need to be completed. At this point you have two options to proceed: 1) Payoff the assessment lien on your property in full or 2) Have the assessment apportioned to each of the newly created parcels by filling out the enclosed Assessment Apportionment Application and paying the 990.00 fee to City of Chula Vista by June 28, 2007 (30 days). If you choose not to respond to this request City of Chula Vista will apportion tha assessment lien on your property on your behalf through the Public Hearing Method, and this will result in additional costs ua to 52,020.00 that would be applied to the next County Tax Bill of the newly created parcels. The Public Hearing Method requires three (3) Resolutions to be approved by the City Council and a Notice to be published and posted by the City Clerk. The costs related to these administrative procedures are added to the first year's levy and paid by the property owner of the newly created parcel(s). Filling out the application and paying the fee listed under Option 2 bypasses the Public Hearing Method and saves you and the District the cost of these additional administrative procedures. NOTICE IS HEREBY GIVEN that a payment in the amount of 990.00 must be made payable to City of Chula Vista, by June 28, 2007 in order to file the apportionment requirement. If you have any questions pertaining to this process please feel free to contact me at (800) 676-7576. Resp ly, L S non Garu+ v' t._r ource Admi trativ Assistant Enclosure Cc: Amy Partosan, City of Chula Vista 32605 Highway 79 South, Suite 100 Temecula, CA 9259 tIVI:M51.296.1997 Toll-tree: 800.676.7516 I Fax: 951.29fi.1998 SECTION 9 RESOLUTION CONFIRMING AMENDED REASSESSMENTS 5-81 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-1 AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 2001-1 under and pursuant to state law; and WHEREAS, this Council adopted Resolution No. 2008-278, entitled "Resolution of the City Council of the City of Chula Vista Ordering the Making of Amended Reassessments Within Reassessment District No. 2001-1 Pursuant To Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto", in which the Council ordered the Superintendent of Streets to prepare and file with the City Clerk the Reassessment Apportionment Reports (the "Reports"), an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, which were previously recorded on the 22nd day of August, 2001 in Book 35, Page 36, Document No. 2001-0599190, segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits to the several parts of the original parcel; and WHEREAS, said Reports were duly made and filed, and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said Reports should stand as the Report for all subsequent proceedings under and pursuant to the aforesaid Resolution No. 2008-279; and WHEREAS, January 13, 2009, at the hour of 6 o'clock p.m., in the regular meeting place of this Council, was appointed as the time and place for hearing protests in relation to the Amended Reassessment Diagram and Amended Reassessment Roll of the parcels of land designated as Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, which were previously recorded on the 22nd day of August, 2001 in Book 35, Page 36, Document No. 2001- 0599190, segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits of the several parts of the original parcels, plus costs and fees of making such apportionments, notices of which hearing were duly and regularly published; and WHEREAS, said hearing was duly and regularly held, and all persons interested in the original Reassessments, or in the lands affected thereby or in the bonds secured thereby desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said Amended Reassessments were fully heard and considered by this Council, and all protests, both written and oral, were duly heard and considered; 5-82 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as the legislative body of Reassessment District No. 2001-1, as follows: All written and oral protests are hereby overruled, and this Council has thereby acquired jurisdiction to order said Amended Reassessments and re-confirms said Amended Reassessment Diagram and Amended Reassessment Roll, referenced herein, and the costs and expenses thereof. 2. Said Amended Reassessment Diagram and said Amended Reassessment Roll, referenced herein, filed with the City Clerk pursuant to "Resolution of the City Council of the City of Chula Vista Ordering the Making of Amended Reassessments Within Reassessment District No. 2001-1 Pursuant To Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto" is hereby, ratified, approved, and re-confirmed. 3. The City Clerk of the City of Chula Vista shall forthwith: a) cause an Amended Notice of Reassessment, amending the Notice of Reassessment which was previously recorded for the Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, executed by the City Clerk of the City of Chula Vista, to be filed and recorded, in the office of the County Recorder of the County of San Diego and such Amended Notice of Reassessment to be in substantially the same form as provided in Section 3114 of the Streets and Highways Code of California; b) cause an Amended Reassessment Diagram, amending the Reassessment Diagram which was previously recorded on the 22nd day of August, 2001 in Book 35, Page 36, Document No. 2001-0599190 for the Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, executed by the City Clerk of the City of Chula Vista, to be filed and recorded, in the office of the County Recorder of the County of San Diego and such Amended Reassessment Diagram to be in substantially the same form as provided in Section 3114 of the Streets and Highways Code of California; c) deliver the Amended Reassessment Roll to the Superintendent of Streets, together with the Amended Reassessment Diagram, as approved and re- confirmed by this Council, with a certificate of such confirmation and the date thereof, executed by the City Clerk of the City of Chula Vista thereon. The Superintendent of Streets will record the Amended Reassessment Diagram and Amended Reassessment Roll in his office in a suitable book to be kept for that purpose, and appended thereto his certificate of the date of such recording, and such recordation shall be and constitute the Amended Reassessment Roll herein. 5-83 Presented by Richard Hopkins Engineering Director Approved as to form by Bart C. Miesfeld Interim City Attorney PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of January 2009, by the following vote: AYES: NOES: ABSENT: ATTEST: Cheryl Cox, Mayor Donna R. Norris, CMC, Interim City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do herby certify that the foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of January 2009. Executed this day of 2009. Donna R. Norris, CMC, Interim City Clerk 5-84 SECTION 10 NOTICE OF AMENDED REASSESSMENTS 5-85 Recording requested bv: City of Chula Vista c/o N~B~S 32605 Temecula Parkway, Ste. 100 Temecula, CA 92592 After recordation. return to: City of Chula Vista cJo N~B~S 32605 Temecula Parkway, Ste. 100 Temecula, CA 92592 NOTICE OF AMENDED REASSESSMENT REASSESSMENT DISTRICT N0.2001-1 AMENDING REASSESSMENT NO. 1658-411 & 1658-412 Pursuant to the requirements of Section 3114 of the Streets and Highways Code of California, the undersigned City Clerk of the City of Chula Vista, County of San Diego, State of California, hereby gives notice that an Amended Reassessment Diagram and Reassessment Roll were recorded in the office of the Superintendent of Streets of the City, as provided for in said Section, and relating to the real property more particularly described on the Amended Reassessment Diagram filed in accordance with said Section on the day of 200_ in Book Page(s) Document No. Book of Maps of Assessment and Community Facilities Districts of the San Diego County Recorder. Said Amended Reassessment Diagram amends "Reassessment District No. 2001-1 Reassessment Diagram" filed on the 22"O day of August, 2001 in the office of said County Recorder in Book 35, at Page 36, Document No. 2001-059919D of Maps of Assessment and Community Facilities Districts. Notice is further given that upon the recording of this Notice in the office of said County Recorder, the several assessments assessed on the lots, pieces and parcels as shown on said filed Amended Reassessment Diagram shall become a lien upon the lots or portions of lots assessed, respectively. Reference is made to the Amended Reassessment Diagram and Assessment Roll recorded in the offce of said Superintendent of Streets of the City for the amount of each of the amended assessments. Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the amended assessments. City of Chula Vista, San Diego County Date 5-86 EXHIBIT 'A" CITY OF CHULA VISTA REASSESSMENT DISTRICT NO. 2001-1 AMENDING REASSESSMENT NOS. 1658-411 8 1658-412 Old Reassessment New Reassessment APN Number APN Number 643-512-33-00 1658-411 643-512-73-00 1658-411/412A 643-512-34-00 1658-412 643-512-74-00 1658-411/4128 Owner of Record: Eastlake Vistas -Chula Vista LP Page 1 of 1 5-87 ATTACHMENT 4 Q DRAFT CITY OF CHULA V-STA REASSESSMENT APPORTIONMENT REPORT "REASSESSMENT DISTRICT NO. 2001-2" Amending Reassessment No. 12649-02 Prepared for: City of Chula Vista October 2008 5-88 TABLE OF CONTENTS SECTION APPORTIONMENT OF REASSESSMENTS .................................... PRIOR ASSESSOR'S PARCEL MAPS ........................................... CURRENT ASSESSOR'S PARCEL MAPS ..................................... AMENDED REASSESSMENT DIAGRAM ....................................... RESOLUTION ORDERING AMENDED REASSESSMENTS.......... RESOLUTION OF PRELIMINARY APPROVAL .............................. NOTICE OF HEARING ON AMENDED REASSESSMENTS .......... NOTICE TO PROPERTY OWNERS ................................................. RESOLUTION CONFIRMING AMENDED REASSESSMENTS...... NOTICE OF AMENDED REASSESSMENTS .................................. 5-89 SECTION 1 APPORTIONMENT OF REASSESSMENTS 5-90 H m_ S X w N O N p~ m O N N f O Z N_ Z ~ U Z w J ~ ~ ~ y N t=j~ W w Z N O W H ~ U y (~ W Z Q ~ W Z ~w Q m °0 0 °o m C ~ ~ ~ N d ~ E w a ~ J p O a Q n .. ~ m E m ~ n m C ~ m ~ ~ ~ N N fR W O~ d °' °' ° ~ N i11 m d ` W N ~ u a C d E u N o 0 M m ~ m E m ~ N Z N N C O O ~ N 3~ wm o 0 y a Z Q O O J ~~ ~ ~ O F- y °o o M M M O C ~ ~ ~ ~ d V ~ N O ~ ~ A p d A m ~ °O d ~ O p V ~ Q c p ~a N o m i ~ Z N m O O O V ri ~ Z co r ~ V a o o O Q Q V V V O O O a Q 7 C J f0 t0 (p Q H O N N m 3 m O N N O 0 N m 0 V O v z Q `o 0 d ~ a c ~ m ~ ~ E m p r u N 9 L_ C L .3 N d N a m O c i ~ t C n ~p c L J _ 'Y G o m 9 LL N V a O m d N R' ~ O U d 3 ..., O 5-91 SECTION 2 PRIOR ASSESSOR'S PARCEL MAPS 5-92 a ~ a~ n o p I <~ ~O ~ N a alt W N J . .... .~ CFO-aw ... - - .. ~ mFlP. - . n' 9Z'pl'EY ~ _ sv.~ ~"P$ a• o °, n ~ 'ti T _ s a: A i rv q o to . G , .fi.~ i m i. 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' ~ .~ N AY " • ~ r:x a. 4~.tdNVYlAa^ ...~ ~ ~ rv . ~. x : ~ one ~m~ $R$'n ,°. oooae ,,~ r: + h~~~o oh ; ~~~ ~ a~ .~ <m~ow:~~;x~~~ae~h.~ ~ i ;.n eve l i' "F ~ ,°,~ v r q e # rF R O m ~ i ^ ' 1 ~n ~~~} ~3, SIl .Yi° ~ a 3 b 2l34NV310 "_ "~ .l N ' (`N µi ~[ ~ N ~ IF N N Z ~ m N ~ N i 5-93 r 0 040-949 SECTION 3 CURRENT ASSESSOR'S PARCEL MAPS 5-94 u ~ ~rv z?FO.ON la's -.o .. ...... .. .. .. - ~~ wy r ,~ ® '° ~ ,C~[ •~i ~ O ~ s,~. ~.` to Im af[Etna r•,x vi ~W - T = w~~ - n ti 4 3r :~ a ~~`~ R ~'k ^wfE_ ~ .\, \*ri ..scxm.l • T~2f'Y- f j ~ ~ ~~.. 'JAY: ]T awl oa zww K CELL 4P OB3 LLiY iLiL SP BteG[ ~` LMr YBLt s8 SP 9LYSL YPL[ It 63P0 586r 5a TM aCBLZ ZkYt SD R-Be OFDB DKKr m LOa9 SBALB ES61 Op SB-Z8 9Y H6{ p Vr S19Y ~LD 86 ~ rn az _ q /LDr {l - X Ml~ Zi81 ~ 5 5/lS l1Cl {{ tY Of Miff NL4 f6 f! fX .,.' ' / 32Z Ta "^ : fiY r 1d ar. Ih LF' !Q Nfr /d Fi ~ [[ T .~ K' HB/f /i 107 k M3N O1O 'IY 53 °JN VN~ !5Y 1CWPlN1 r Q O n E~ m ~ v ,o ru ~ N Cbd-449 .: ~1. .~ ~.. ! 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I ~ ~M ~£ y ~ Y~ S /I ~ t O ~d .R ' w htAOtJtiaAa ~ m„~ ~ ceare u... :~~ ~%ya ' C^o f A z i ~ ~ o 6 `O ~~ '~w r W ° "g~~+~ 5s f :!1 e~"ii3 LW'St ~ f >3k>N ~ r.N-. zz . a~ r' `rC ~ ~ ^ m .'4_f n^m Y m 9° G S- C . \NJN I n= . _ i n _ i n 3 a ~y 3;33333w3;3 3~3~3;~ s3R*ka == ~~"RE °`s s~ a34NV3~O ' „ - mamb SFr _r, •~m °z a i~i'i i i 99 a . 1 u, zz u, u ~mzz :6:yx Jizida m~~ 1mdeW ~ ,u, I ~ ~ w N ~ ~m ~a 'u w J Q J U Q N W ~ o~ tl „s ~ E em ~ b ryk $ m ~ 'eye," 2 J c7 N 4~ ~ p e¢ ~$ ea ry N bq sO T•l Q U N e a "' ~ O'ma n 5 ca Ze « h n~ dX_ ~ t• W °m¢ QJ ~n J U ~" 0 0 oz ~ y 3~V ~iaYd~ Olfltl- W ~ ZJ *i » ~> -~d Havd-- ;1 y s.' in I 9~ V 2 9 ( a `;I ,m ~ypyyU 6 I /6~< J¢ n« FR-NNNV b p ~ h SECTION 4 AMENDED REASSESSMENT DIAGRAM 5-96 LL 3 ~ ~ 33 a ~ p x ~ ~'.'.z46 m~ ~3a o~ i F l dVi O iy~z ~ 5 h ~ ~p~as 3_ w~~~ Go uFi m LL81 o w ~ .~4~~~~ `u ~.a key 34 ~°s~"~ ¢ i 'w ~ n E fag 1~°~ u~ ir~FS W u~ ~ W u ~ ; %a ~~o s _ ~jo~~ , ~o p p w < < y ~ N 3 K'y g~ 9 3 ~ oz ~§ ~ a ~ 3 ~ w ~ Y ai ~ a I a ~~ ~~ ~ ~o ~£a use ~~ ~ ~ ~ wf i I~i ~' ~B ~`o ~3 ~~~Fa 4 L~ { _R acv a'S gv FW, J) I C ~ 1 G N_ ` ~ a o E ~ ,~. I ~ $~ lg 5~ O ~'aA_~' a ; ~ r i I W U_ a~a d til j c o Z ~ 1 N~ g y¢ N ~ ~ 0 2 LL U m ~ I W LL U ~ N y \ VI ~ °ir w \!~ ~~;i NW WW " " N a /i~ (~ ~ ~ Yr ~i~//~~~ Z )f r^q~ f^`~ V/ ~ ( ~a~ X31 W W a , ~~ ! , W Q J (, Q ~ ~- i s ~ s ~„-_ w3 y¢£~ E" N W SE°m Q ( nr^= N ~33FC ¢¢ ls$ N i se Q e e ~' WOSeS Z~$9 °333 =3i m E Z- 5-97 SECTION 5 RESOLUTION ORDERING AMENDED REASSESSMENTS 5-98 RESOLUTION NO. 2008-280 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE MAKING OF AN AMENDED REASSESSMENT WITHIN REASSESSMENT DISTRICT NO. 2001-2 PURSUANT TO PART 10 OF DIVISION 10 OF THE STREETS AND HIGHWAYS CODE AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 2001-2 under and pursuant to state law; and WHEREAS, pursuant to the Improvement Bond Act of 1915 and Resolution No. 2001- 212, entitled "Resolution of the City Council of the City of Chula Vista Approving the Report of the Assessment Engineer and Confirming Reassessments within Reassessment District No. 2001-2.", adopted by this Council on the l0a' day of July, 2001, special reassessments were confirmed to pay the costs of the acquisitions and improvements as more particularly described in said Resolution. Said Reassessments are set forth on a Reassessment Diagram and Reassessment Roll, heretofore confirmed by this Council and ftled and recorded with the City Clerk of the City of Chula Vista, County of San Diego; and certain parcel of land designated as Reassessment Numbers 12649-02, upon which there are unpaid Reassessments where bonds have been issued under the Improvement Bond Act of 1915, commencing with Section 8500 of the Street and Highways Code of California, have been divided so that they no longer conform to the original parcel boundaries as shown on said Reassessment Diagram; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, as the legislative body of Reassessment District No. 2001-2, as follows: The Superintendent of Streets of the City of Chula Vista shall cause to be filed with the City Clerk the Reassessment Apportionment Report, an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Number 12649-02, which was previously recorded on the 22nd day of August, 2001 in Book 35, Page 37, Document No. 2001-0599257, segregating and apportioning the unpaid installments of the original Reassessment in accordance with the benefits to the several parts of the original parcel. Presented by Approved as to form by Richard Hopkins Engineering Director WHEREAS, Bart C. Miesfeld Interim City Attorney 5-99 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of December 2008 by the following vote: AYES: NOES: ABSENT: Cheryl Cox, Mayor ATTEST: Donna R. Norris, CMC. Interim City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do herby certify that the foregoing Resolution No. 2008-280 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista Ciry Council held on the 9th day of December 2008. Executed this day of 2008. Donna R. Norris, CMC, Interim City Clerk 5-100 SECTION 6 RESOLUTION OF PRELIMINARYAPPROVAL 5-101 RESOLUTION NO. 2008-281 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PRELIMINARILY APPROVING AMENDED REASSESSMENT WITHIN REASSESSMENT DISTRICT NO. 2001-2, ORDERING THE PUBLIC HEARING, AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 2001-2 under and pursuant to state law; and WHEREAS, this Council heretofore adopted Resolution No. 2008-280, entitled "Resolution of the City Council of the City of Chula Vista Ordering the Making of an Amended Reassessment Within Reassessment District No. 2001-2 Pursuant To Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto", in which the Council ordered the Superintendent. of Streets to prepare and file with the City Clerk Reassessment Apportionment Report (the "Report"), an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Numbers 12649-02, which was previously recorded on the 22nd day of August, 2001 in Book 35, Page 37, Document No. 2001-0599257, segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits to the several parts of the original parcels. WHEREAS, said Reports, have been made and filed and duly considered by this Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as the legislative body of Reassessment District No. 2001-2, as follows: 1. Said Reports as a whole and each part thereof, to wit: (a) the Amended Reassessment Diagram showing the Amended Reassessments and dimensions of the respective amended subdivisions of land with respect to said Amended Reassessment; (b) the apportionment of the total amount of the costs and expenses of the proposed Amended Reassessment upon the several amended subdivisions of land in proportion to the estimated benefits to be received by said amended subdivisions, respectively, and of the expenses incidental thereto; are sufficient and are preliminarily approved. 2. Said Reports shall stand as the Report for the purpose of all subsequent proceedings herein. 3. January 13, 2009, at the hour of 6 o'clock p.m., in the regular meeting place of this Council, is hereby appointed and fixed as the time and place when and where 5-102 this Council will heaz any objections or protests to said Amended Reassessments for the Reassessment Numbers 12649-02, which was previously recorded on the 22nd day of August, 2001 in Book 35, Page 37, Document No. 2001-0599257, and will consider and finally determine whether the public interest, convenience and necessity require said Amended Reassessments, and when and where it will consider and finally act upon said Report. 4. The City Clerk of the City of Chula Vista shall cause notice of said hearing to be given by publication once a week for two (2) weeks in a local newspaper published and circulated in the City of Chula Vista. The first publication of said notice shall be completed at least fifteen (15) days before the date herein set for said hearing. Said notice shall be headed "Notice of Hearing on Amended Reassessments" and shall state: the filing of said Reports; the date, time and place set for and purpose of the hearing on said Reports and of protests; a brief description of the proposed Amended Reassessments; that any person interested in the original Reassessments or in the lands affected thereby or in the bonds secured thereby may appear and protest as provided in Part 10 of Division 10 of the Streets and Highways Code of California; and that reference is made to said Reports for further particulars. Presented by Richard Hopkins Engineering Director Approved as to form by Bart C. Miesfeld Interim City Attorney PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of December 2008 by the following vote: AYES: NOES: ABSENT: ATTEST: Cheryl Cox, Mayor Donna R. Norris, CMC, Interim City Clerk 5-103 STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do herby certify that the foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9th day of December 2008. Executed this _ day of 2008. Donna R. Norris, CMC, Interim City Clerk 5-104 SECTION 7 NOTICE OF HEARING ON AMENDED REASSESSMENTS 5-105 NOTICE OF HEARING ON AMENDED REASSESSMENTS CITY OF CHULA VISTA REASSESSMENT DISTRICT N0.2001-1 REASSESSMENT DISTRICT N0.2001-2 NOTICE IS HEREBY GIVEN that pursuant to the order of the City Council (the "Council") of the City of Chula Vista, the Superintendent of Streets has caused to be ftled Reassessment Apportionment Reports including an Amended Reassessment Diagram with the parcels shown as Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, within Reassessment District No. 2001-1 and Reassessment Number 12649-02 within Reassessment District No. 2001-2. The Reassessment Apportionment Reports have been preliminarily approved by this Board pursuant to Resolution No 2008-279 and Resolution No. 2008-281 adopted on December 9, 2008, to all of which reference is hereby made for further particulars. NOTICE IS FURTHER GIVEN that on January 13, 2009, at the hour of 6 o'clock p.m. at the regular meeting place of the City Council of the City of Chula Vista, a hearing will be held concerning said Amended Reassessments, at which time all persons interested in said original Reassessments, or in the lands affected thereby, or in the bonds secured thereby, may appear and protest against the same as provided in Part 10 of Division 10 of the Streets and Highways Code of California. Contact hearing. Dated: at the City of Chula Vista at O regarding this 2008 City Clerk City of Chula Vista County of San Diego State of California PUBLISH DATES: 5-106 SECTION 8 NOTICE TO PROPERTY OWNERS 5-107 I~I~~S Local Government Solutions VIA CERTIFIED MAIL June 24, 2008 Fask Land Inc. P.O. Boz 2008 EI Cajon, CA 92021 RE: CITY OF CHULA VISTA REASSESSMENT DISTRICT NO. 2001-2 REASSESSMENT APPORTIONMENT REQUIREMEI APN(s): 644-040-78-00 To Whom It May Concern: ~EERTiFiErI~t~FE:,~;RE~E{ ru - .L Poslaga 5 ° 0 ea~ae Fee ~ FlaturanoceptFae Posanatk (Endoraomm~[ Heirydrod) Nara O AaaMCetl 4arr+?!Y Foe r (EnCarcemant Requiretll ~l fLl Tote) Postage 8 Fora $' p SMt to ~ ,.(,-~- o ~ ~S1Y_~(R' The above referenced parcel lies within the boundaries of the City of Chula Vista "REASSESSMENT DISTRICT NO. 2001-7'. Whenever a property subdivides in a 1915 Act Assessment District the reassessment lien needs to be subdivided to each of the newly created parcels, through what's called an "Apportionment Process" The apportionment process consists of filing an Amended Reassessment Diagram, a Notice of Amended Reassessment, and reconfiguring the original lien amounts to the newly created parcels based upon benefit received. Our files indicate that the above referenced parcel has not undergone the apportionment process, and the purpose of this letter is to notify you that this process will need to be completed. At this point you have two options to proceed: 1) Immediate payoff of the reassessment lien on your property in full. A payoff quote can be obtained by calling N~B~S at (800) 676- 7516. OR 2) (Recommended Method) Have the reassessments apportioned to each of the newly created parcels by filling out the enclosed Application for Assessment Apportionment and paying the 990.00 fee to the City of Chula Vista together with a copy of the final tract or recorded map (with an 8'/i' x 11" reduced copy) by July 31, 2008. If you choose to do nothing, which is not recommended, The City will take an alternate route. The City of Chula Vista will apportion the reassessment lien on your property on your behalf through the Public Hearing Method, and this will result in additional costs un to 82.060.00 that would be applied to the next County Tax Bills of the newly created parcels. The Public Hearing Method requires three (3) Resolutions to be approved by the City Council and a Notice to be published and posted by the City Clerk. The costs related to these administrative procedures are added to the first year's levy and paid by the property owner of the newly created parcels. Filling out the application and paying the fee listed under Option 2 bypasses the Public Hearing Method and saves you and the City the cost of these additional administrative procedures. NOTICE IS HEREBY GIVEN that a payment in the amount of 990.00 must be made payable to the CITY OF CHULA VISTA, by July 31, 2008 in order to file the apportionment requirement. If you have any questions pertaining to this process please feel free to contact me at (800) 676-7516. Res ctfully, ~~y~• WYn~'~-~ annon Ga ' Resource Analyst Enclosure cc: Amy Partosan, City of Chula Vista 32605 Temecula Parkway, Suite 100 ~ Temecula, CA 92692 ~ Tel: 951.296.1997' Toll-tree: 800.fi76.7516 I Fax: 951.296.1998 3_n~~ ., !_.. i ._ .. _ __ .~. _. ~ ~.._. 5-108 SECTION 9 RESOLUTION CONFIRMING AMENDED REASSESSMENTS 5-109 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE AMENDED REASSESSMENT WITHIN REASSESSMENT DISTRICT NO. 2001-2 AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 2001-2 under and pursuant to state law; and WHEREAS, this Council adopted Resolution No. 2008-280, entitled "Resolution of the City Council of the City of Chula Vista Ordering the Making of Amended Reassessments Within Reassessment District No. 2001-2 Pursuant To Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto", in which the Council ordered the Superintendent of Streets to prepare and file with the City Clerk the Reassessment Apportionment Reports (the "Reports"), an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Number 12649-02, which were previously recorded on the 22nd day of August, 2001 in Book 35, Page 37, Document No. 2001-0599257, segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits to the several parts of the original parcel; and WHEREAS, said Reports were duly made and filed, and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said Reports should stand as the Report for all subsequent proceedings under and pursuant to the aforesaid Resolution No2008-281; and WHEREAS, January 13, 2009, at the hour of 6 o'clock p.m., in the regular meeting place of this Council, was appointed as the time and place for hearing protests in relation to the Amended Reassessment Diagram and Amended Reassessment Roll of the parcels of land designated as Reassessment Number 12649-02, which was previously recorded on the 22nd day of August, 2001 in Book 35, Page 37, Document No. 2001-0599257, segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits of the several parts of the original parcels, plus costs and fees of making such apportionments, notices of which hearing were duly and regularly published; and WHEREAS, said hearing was duly and regularly held, and all persons interested in the original Reassessments, or in the lands affected thereby or in the bonds secured thereby desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said Amended Reassessments were fully heard and considered by this Council, and all protests, both written and oral, were duly heard and considered; 5-110 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as the legislative body of Reassessment District No. 2001-2, as follows: 1. All written and oral protests are hereby overruled, and this Council has thereby acquired jurisdiction to order said Amended Reassessments and re-confirms said Amended Reassessment Diagram and Amended Reassessment Roll, referenced herein, and the costs and expenses thereof. 2. Said Amended Reassessment Diagram and said Amended Reassessment Roll, referenced herein, filed with the City Clerk pursuant to "Resolution of the City Council of the City of Chula Vista Ordering the Making of Amended Reassessments Within Reassessment District No. 2001-2 Pursuant To Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto" is hereby, ratified, approved, and re-confirmed. 3. The City Clerk of the City of Chula Vista shall forthwith: a) cause an Amended Notice of Reassessment, amending the Notice of Reassessment which was previously recorded on the 24~' day of January, 2002, Document Number 2002-0062081 for the Reassessment Number 12649-02, executed by the City Clerk of the City of Chula Vista, to be filed and recorded, in the office of the County Recorder of the County of San Diego and such Amended Notice of Reassessment to be in substantially the same form as provided in Section 3114 of the Streets and Highways Code of California; b) cause an Amended Reassessment Diagram, amending the Reassessment Diagram which was previously recorded on the 22nd day of August, 2001 in Book 35, Page 37, Document No. 2001-0599257 for the Reassessment Number 12649-02, executed by the City Clerk of the City of Chula Vista, to be filed and recorded, in the office of the County Recorder of the County of San Diego and such Amended Reassessment Diagram to be in substantially the same form as provided in Section 3114 of the Streets and Highways Code of California: c) deliver the Amended Reassessment Roll to the Superintendent of Streets, together with the Amended Reassessment Diagram, as approved and re- confirmed by this Council, with a certificate of such confirmation and the date thereof, executed by the City Clerk of the City of Chula Vista thereon. The Superintendent of Streets will record the Amended Reassessment Diagram and Amended Reassessment Roll in his office in a suitable book to be kept for that purpose, and appended thereto his certificate of the date of such recording, and such recordation shall be and constitute the Amended Reassessment Roll herein. 5-111 Presented by Richard Hopkins Engineering Director Approved as to form by Bart C. Miesfeld Interim City Attorney PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of January 2009, by the following vote: AYES: NOES: ABSENT: ATTEST: Cheryl Cox, Mayor Donna R. Norris, CMC, Interim City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do herby certify that the foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the I3th day of January 2009. Executed this day of 2009. Donna R. Norris, CMC, Interim City Clerk 5-112 SECTION 10 NOTICE OF AMENDED REASSESSMENTS 5-113 Recording requested bv: City of Chula Vista c/o N~B~S 32605 Temecula Parkway, Ste. 100 Temecula, CA 92592 After recordation. return to: City of Chula Vista c/o N~B~S 32605 Temecula Parkway, Ste. 100 Temecula, CA 92592 NOTICE OF AMENDED REASSESSMENT ASSESSMENT DISTRICT NO. 2001-2 AMENDING REASSESSMENT NO. 12649-02 Pursuant to the requirements of Section 3114 of the Streets and Highways Code of California, the undersigned City Clerk of the City of Chula Vista, County of San Diego, State of California, hereby gives notice that an Amended Reassessment Diagram and Reassessment Roll were recorded in the office of the Superintendent of Streets of the City, as provided for in said Section, and relating to the real property more particularly described on the Amended Reassessment Diagram filed in accordance with said Section on the day of 200_ in Book Page(s) Document No. Book of Maps of Assessment and Community Facilities Districts of the San Diego County Recorder. Said Amended Assessment Diagram amends "Reassessment District No. 2001-2 Reassessment Diagram" filed on the 22 day of August, 2001 in the office of said County Recorder in Book 35, at Page 37, Document No. 2001-0599257 of Maps of Assessment and Community Facilities Districts. Notice is further given that upon the recording of this Notice in the office of said County Recorder, the several assessments assessed on the lots, pieces and parcels as shown on said fled Amended Assessment Diagram shall become a lien upon the lots or portions of lots assessed, respectively. Reference is made to the Amended Assessment Diagram and Assessment Roll recorded in the office of said Superintendent of Streets of the City for the amount of each of the amended Assessments. Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the amended assessments. City Clerk, City of Chula Vista, San Diego County Date 5-114 EXHIBIT "A" CITY OF CHULA VISTA REASESSMENT DISTRICT NO. 2001-2 AMENDING REASSESSMENT NO. 12649.02 Old Reassessment New Reassessment APN Number APN Number 644-040-64-00 - 644-040-81-00 12649-02A 644-040-77-00 - 644-040-82-00 12649-026 644-040-78-00 12649-02 Owner of Record: Fask Land Inc. Page 1 of 1 5-115 RESOLUTION NO.2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT 2001-1 AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 2001-1 under and pursuant to state law; and WHEREAS on July 10, 2001, pursuant to the Improvement Bond Act of 1915 the City Council approved and confirmed the reassessments for Reassessment District No. 2001-1 through Resolutions 2001-211 to pay for the costs of acquisitions and improvements; and WHEREAS subsequently there have been certain parcels, which have been divided so they no longer conform to the original parcel boundaries and once a subdivision occurs the reassessments must be apportioned to the newly created parcels. WHEREAS, this Council adopted Resolution No. 2008-278, entitled "Resolution of the City Council of the City o£Chula Vista Ordering the Making of Amended Reassessments Within Reassessment District No. 2001-1 Pursuant to Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto", in which the Council ordered the Superintendent of Streets to prepare and file with the City Clerk the Reassessment Apportionment Reports (the "Reports"), an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, which were previously recorded on the 22nd day of August 2001 in Book 35, Page 36, Document No. 2001-0599190, segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits to the several parts of the original parcels; and WHEREAS, said Reports were duly made and filed and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said Reports should stand as the Report for all subsequent proceedings under and pursuant to the aforesaid Resolution No. 2008-278. WHEREAS, January 13, 2009, at the hour of 6 o'clock p.m., in the regular meeting place of this Council was appointed as the time and place for hearing protests in relation to the Amended Reassessment Diagram and Amended Reassessment Roll of the parcels of land designated as Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, which were previously recorded on the 22nd day of August 2001 in Book 35, Page 36, Document No. 2001- 0599190, segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits of the several parts of the original parcels, plus costs and fees of making such apportionments, notices of which hearing were duly and regularly published; and 1\AVOrney\FII:AL RESOS\2009W11399Viesai ConArmAmendASSess?001-Ldoc C_1 1 C WHEREAS, said hearing was duly and regularly held, and all persons interested in the original Reassessments, or in the lands affected thereby or in the bonds secured thereby desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said Amended Reassessments were fully heard and considered by this Council, and all protests, both written and oral, were duly heard and considered; NOW, THEREFORE, BE IT RESOLVED, BY THE City Council of the City of Chula Vista as the legislative body of Reassessment District NO.2001-1, as follows: 1. All written and oral protests aze hereby overruled, and this Council has thereby acquired jurisdiction to order said Amended Reassessment and re-confirms said Amended Reassessment Diagram and Amended Reassessment Roll, referenced herein, and the costs and expenses thereof. 2. Said Amended Reassessment Diagram and said Amended Reassessment Roll, referenced herein, filed with the City Clerk pursuant to "Resolution of the City Council of the City of Chula Vista Ordering the Making Amended Reassessments Within Reassessment District No. 2001-1 Pursuant to Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto" is hereby ,ratified, approved and re-confirmed. 3. The City Clerk of the City of Chula Vista shall forthwith: a) cause an Amended Notice of Reassessment, amending the Notice of Reassessment which was previously recorded on the 22nd day of August 2001 in Book 35, Page 36, Document No. 2001-0599190 for the Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, executed by the City Clerk of the City of Chula Vista, to be filed and recorded, in the office of the County Recorder of the County of San Diego and such amended Notice of Reassessment to be in substantially the same form as provided in Section 3114 of the streets and Highways Code of California; b) cause an Amended Reassessment Diagram, amending the Reassessment Diagram which was previously recorded on the 22nd day of August 2001 in Book 35, Page 36, Document No. 2001-0599190 for the Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, executed by the City Clerk of the City of Chula Vista, to be filed and recorded, in the office of the County Recorder of the County of San Diego and such Amended Reassessment Diagram to be in substantially the same form as provided in Section 3114 of the Streets and Highways Code of California. c) Deliver the Amended Reassessment Roll to the Superintendent of Streets, together with the Amended Reassessment Diagram, as approved and re- confirmed by this Council, with a certificate of such confirmation and the date therof, executed by the City Clerk of the City of Chula Vista thereon. The Superintendent of Streets will record the Amended Reassessment I:Wnomey\FIYAL RGSOS\2o09\011309U1eso1 ConFrmAmenddssess 2001-Ldoc C_1 Diagram and Amended Reassessment Roll in his office in a suitable book to be kept for that purpose, and appended thereto his certificate of the date of such recording, and such recordation shall be and constitute the Amended Reassessment Roll herein. Presented by Richard A. Hopkins Director of Engineering Approved as tq; form by C. f\Atlorney\FINAL RESOS\2009\OI Il 09Viesol ConfrmAmendASSess 20a 1-Lilac 5-1 1 8 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT 2001-2 AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 2001-2 under and pursuant to state law; and WHEREAS on July 1Q 2001, pursuant to the Improvement Bond Act of 1915 the City Council approved and confirmed the reassessments for Reassessment District No. 2001-1 through Resolutions 2001-212 to pay for the costs of acquisitions and improvements; and WHEREAS subsequently there have been certain parcels, which have been divided so they no longer conform to the original parcel boundaries and once a subdivision occurs the reassessments must be apportioned to the newly created parcels. WHEREAS, this Council adopted Resolution No. 2008-280, entitled "Resolution of the City Council of the City of Chula Vista Ordering the Making of Amended Reassessments Within Reassessment District No. 2001-1 Pursuant to Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto", in which the Council ordered the Superintendent of Streets to prepare and file with the City Clerk the Reassessment Apportionment Reports (the "Reports"), an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Numbers 1658-1, 168-743, 1658-411 and 1658-412, which were previously recorded on the 22nd day of August 2001 in Book 35, Page 36, Document No. 2001-0599190, segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits to the several parts of the original parcels; and WHEREAS, said Reports were duly made and ftled and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said Reports should stand as the Report for all subsequent proceedings under and pursuant to the aforesaid Resolution No. 2008-280. WHEREAS, January 13, 2009, at the hour of 6 o'clock p.m., in the regular meeting place of this Council was appointed as the tine and place for hearing protests in relation to the Amended Reassessment Diagram and Amended Reassessment Roll of the parcels of land designated as Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, which were previously recorded on the 22nd day of August 2001 in Book 35, Page 36, Document No. 2001- 0599190, segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits of the several parts of the original parcels, plus costs and fees of making such apportionments, notices of which hearing were duly and regularly published; and MAnorney\FI4AL RESOS\2009\Ot ^09Vieso3 Con&mAmendASSess 2001-2doc 5-11 9 WHEREAS, said hearing was duly and regularly held, and all persons interested in the original Reassessments, or in the lands affected thereby or in the bonds secured thereby desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said Amended Reassessments were fully heard and considered by this Council, and all protests, both written and oral, were duly heard and considered; NOW, THEREFORE, BE IT RESOLVED, BY THE City Council of the City of Chula Vista as the legislative body of Reassessment District NO. 2001-2 1. All written and oral protests are hereby overruled, and this Council has thereby acquired jurisdiction to order said Amended Reassessment and re-confirms said Amended Reassessment Diagram and Amended Reassessment Roll, referenced herein, and the costs and expenses thereof. 2. Said Amended Reassessment Diagram and said Amended Reassessment Roll, referenced herein, filed with the City Clerk pursuant to ``Resolution of the City Council of the City of Chula Vista Ordering the Making Amended Reassessments Within Reassessment District No. 2001-1 Pursuant to Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto" is hereby ,ratified, approved and re-confirmed. 3. The City Clerk of the City of Chula Vista shall forthwith: a) cause an Amended Notice of Reassessment, amending the Notice of Reassessment which was previously recorded on the 22nd day of August 2001 in Book 35, Page 36, Document No. 2001-0599190 for the Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, executed by the City Clerk of the City of Chula Vista, to be filed and recorded, in the office of the County Recorder of the County of San Diego and such amended Notice of Reassessment to be in substantially the same form as provided in Section 3114 of the streets and Highways Code of California; b) cause an Amended Reassessment Diagram, amending the Reassessment Diagram which was previously recorded on the 22nd day of August 2001 in Book 35, Page 36, Document No. 2001-0599190 for the Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, executed by the City Clerk of the City of Chula Vista, to be filed and recorded, in the office of the County Recorder of the County of San Diego and such Amended Reassessment Diagram to be in substantially the same form as provided in Section 3114 of the Streets and Highways Code of Califomia. c) Deliver the Amended Reassessment Roll to the Superintendent of Streets, together with the Amended Reassessment Diagram, as approved and re- confirmed by this Council, with a certificate of such confirmation and the date therof, executed by the City Clerk of the City of Chula Vista Thereon. The Superintendent of Streets will record the Amended Reassessment Diagram and Amended Reassessment Roll in his office in a suitable book to ,,~«o,~er~mA~~sos~oo9~0~ ~,o9~e~i ~o~~,m4me~aa=,~„~oo~-zao~ 5-120 be kept for that purpose, and appended thereto his certificate of the date of such recording, and such recordation shall be and constitute the Amended Reassessment Roll herein. Presented by Approved as to form 1 ~ i ,~~ ~' Richard A. Hopkins C. M'esfe Director of Engineering City Attorney hWnomey\FMAL RLSOS\2009\01 13 09Vtaso2_CoofirmAmendASSess 2001-Z dac 5 _ ~ q