HomeMy WebLinkAboutReso 27-22 Cloisters LLMAD initiate and order 2021RESOLUTION NO. 27-22
RESOLUTION 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 Offer 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, detailing the proposed costs for the maintenance of the
Cloisters Park and Open Space, will be prepared for consideration by the City Council
at the May 10, 2022, 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 12' day of April 2022 by the following vote.
AYES. Headding, Addis, Barton, Ford, Heller
NOES* None
ABSENT: None
JOHN
ATTEST:
ame-
G.4^Srie
DANA SWANSON, City Clerk
EADDI NMayor
EXHIBIT A
CLOISTERS
LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
DISTRICT BOUNDARY DIAGRAM
The boundary diagrams for the District have previously been submitted to the City Clerk in the
format required under the 1972 Act and, by reference, are hereby made part of this Report. The
boundary diagrams are available for inspection at the office of the City Clerk during normal
business hours. The following diagram provides an overview of the District.
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TRACT 1996 ; R.M. o k. 17, Pg. 83.
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