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HomeMy WebLinkAboutReso 24-19 Initiating Proceedings - North Point Assessment DistRESOLUTION NO. 24-19 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA INITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE "LANDSCAPING AND LIGHTING ACT OF 1972" (STREETS AND HIGHWAYS SECTIONS 22500 ET SEQ.) THECITYCOUNCIL City of Morro Bay, California WHEREAS, the City placed certain conditions on the development of Tract 2110 "North Point," requiring formation of a property Landscaping and Lighting Maintenance Assessment District encompassing and coterminous with the proposed subdivision to provide for the maintenance of a natural area, parking lot, landscaping, decomposed granite and asphalt walkways, and coastal access stairway and other common area improvements to be held by or dedicated to the City of Morro Bay; and WHEREAS, those conditions are more specifically identified in the Precise Plan (condition F1-F7) related to North Point; and WHEREAS, the owners of the real property within the proposed district (the "Owners") consented 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 11 of Tract 2110, and the City accepted that Offer Uludication; provided, that the cost %J maintenance, thereof, would be borne by an assessment district as required by the Conditions of Approval of North Point; 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, California: 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 the District shall include those enumerated in the conditions of approval of North Point and in Section 22525 of the Act, which were installed by the developer as a condition of approval of Tract 2110 or which are hereafter installed by developer; pursuant to the Final Improvement Plans for North Point 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 proposed District is attached as Exhibit A which is hereby incorporated herein. 4. An Engineer's Report will be prepared for consideration at the May 14, 2019, City Council meeting and that date is set to review and accept or reject that report. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th day of April 2019 by the following vote: AYES: NOES: ABSENT ATTEST: Headding, Addis, Davis, Heller None McPherson a Swanson, City Clerk The boundary diagrams for the District have previously been submitted to the City Clerk in the format required under the 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. REV<SOhS rc!t w nns wv � Pa[orraa 5-H aSSC59.t�Jt: PVRPOi.'S t^S.Y. o �o _ $ � 6 TPA, • �J Tg LJ� h FR.3 \ ✓ �\ Po L `max 09 l\`� TRACT N0. 21 ;0, R.M. Bk. 17 , P9.28. ATASCAOERO BEACH, R.M. Bk. 02 , Pg. 15 (Sht.10). 065-082 Ci"TY Of MORRO &AY IS.SGSS(�a weP COiln;7 R° :hN U5 Q3tS=6. CA T. SMK CGi PAG_ C82 u