HomeMy WebLinkAboutReso 21-16 Initiating Proceedings To Levy The Annual Assessment For The North Point Natural Area Landscaping And Lighting Maintenance Assessment DistrictRESOLUTION NO.21-16
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.)
THE CITY COUNCIL
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 of real property within the proposed district offered in fee and
in perpetuity, Lot 11 of Tract 2110, and the City accepted that Offer of Dedication; provided,
that the cost of maintenance, thereof, would be borne by an assessment district as required by the
Conditions of Approval of North Point; and
WHEREAS, one hundred percent (10004) 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 publically 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.
City Council Resolution #2I-16
Page 2
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 10, 2016 City
Council meeting and that date is set for a public hearing to review that report.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 22nd day of March, 2016 by the following vote:
AYES: Irons, Headding, Johnson, Makowetski, Smukler
NOES: None
ABSENT: None
J E L. IRONS, Mayorw
ATTEST:
ANA SWANSON, City Clerk