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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. /4 t: ur:DICiJ w e FR.19G *11. 1•1S rot 7t�I?: = nil ►WOUS OK7) olio Sri vE ``'"Jima ~--_-- AY TRACT 1996 ; R.M. o k. 17, Pg. 83. ATASCADERO BEACH, R.M. Bk. 2 , Pg. 15 065-386 �e %1 2 CITY OF OF MOF?RO ly