HomeMy WebLinkAboutReso 28-20 Initiating North Point Assessment FY 20-21RESOLUTION NO. 28-20
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 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 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 12, 2020, 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 14th day of April 2020 by the following vote:
AYES* Headding, Addis, Davis, Heller, McPherson
NOES None
ABSENT: None
JOH;N" A ayor
ATTEST:
D A SWANSON, City Clerk
Exhibit A
DISTRICT BOUNDARY DIAGRAM
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
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