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HomeMy WebLinkAboutReso 15-17 Initiating Cloisters AssessmentRESOLUTION NO. 15-17 RESOLUTION OF THE CITY COUNCIL •I IMF IF •-111111ill''UT1 1D^. PROCEEDINGS•- • LEVY THE ANNUAL ASSESSMENT 996, The Cloisters, • ty of o. •Bay, California e City Council has placed certain conditions on the development of Tract formation of a Propertv Maintenance Assessment District requiring encompassing and coterminous with the proposed subdivision to provide for the maintenance of a public park, bicycle pathway, right-of-way landscaping, coastal access way s, ESH restoration area and other common area improvements to be held by or dedicated to the City of Morro Bay s required by City Ordinance and; a WHEREAS, those conditions are more specifically identified in Vesting Tentative Tract Map (condition 10e) and Precise Plan (condition 2c) as required by City Ordinance; and WHEREAS, the owners of the real property within the proposed district (the "Owners") have consented in writing to the formation of the district pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code sections 22500 et seq.) (the "Act"), and are the Only owners Of property t0 be subject to assessments within the district; and WHEREAS, the Owners offered, in fee and in perpetuity, Lot 121 (Parcel 1) and Lot 12.2 of Tract 1996, and the City has accepted that Offer of Deic dation; providee d, .that th-costs o f maintenance thereof, are borne by an assessment district as required by the Conditions of Approval of the project; and WHEREAS, one hundred percent of the property owners, at the time of the subdivision of the land, approved formation of the district to assure conformance with the "Right to Vote on Taxes Act" (Proposition 218, California Constitution Act XIII C & D); and WHEREAS, subsequent owners of the lots within "constructive notice" Of the existence of the assessment disclosures, title report process, and publicly available records. the subdivision district through have received the real estate NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay: 1. The City Council of the City of Morro Bay hereby declares its intent to initiate the .proceedings to levy and collect assessments pursuant to the Act. 2. The improvements to be subject to assessment for maintenance by such District shall include those enumerated in the conditions of project approval and in Section 22525 of the Act, which were installed by the developer as a condition Of approval of Tract 1996; pursuant to the Final Improvement Plans for the Cloisters Project as approved by the City. 3. The Assessment District is a District located in the City of Morro Bay, County of San Luis Obispo. A map showing the boundaries of the District is attached as Exhibit A which is hereby incorporated herein. 4. An Engineer's Report will be prepared for consideration by the City Council at the May 9, 2017, meeting and that date is set to review and accept or reject that report. 5. This District is called the "C(oisters Landscaping and Lighting Maintenance Assessment District." PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 11th day of April 2017 by the following vote. AYES: NOES: ABSENT: ATTEST: Irons, Davis, Headdin None None Dana Swanson, City Clerk g, Makowetski, McPherson Jami L. Irons, Mayor