HomeMy WebLinkAboutReso 15-18 Cloisters Initiation of AssessmentRESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
INITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT
FOR CLOISTERS LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE
"LANDSCAPING AND LIGHTING ACT OF 1972"
(STREETS AND HIGHWAYS SECTIONS 22500 ET SEQ.)
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City Council has placed certain conditions on the development of Tract
1996, The Cloisters, requiring formation of a property Maintenance Assessment District
encompassing and coterminous with the proposed subdivision to provide for the maintenance of
a public park, bicycle pathway, right-of-way landscaping, coastal access ways, ESH restoration
area, and other common area improvements to be held by or dedicated to the City of Morro Bay
as required by City Ordinance and;
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")
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 to be subject to assessments within the district; and
WHEREAS, the Owners offered, in fee and in perpetuity, Lot 121 (Parcel 1) and Lot 122
of Tract 1996, and the City has accepted that Her of Dedication; provided, that the costs of
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 the subdivision have received
"constructive notice" of the existence of the assessment district through the real estate
disclosures, title report process, and publicly available records.
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 8, 2018, meeting and that date is set to review and accept, modify or reject that
report.
5. This District is called the "Cloisters 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 10th day of April 2018 by the following vote:
AYES:
NOES:
ABSENT
ATTEST:
Irons, Davis, Headding, Makowetski, McPherson
None
None
na Swanson, City Clerk
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