R 3959
RESOLUTION NO. 3959
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DECLARING AN INTENTION TO FORM THE
GRACE LANE ASSESSMENT DISTRICT
WHEREAS, the City of Arroyo Grande ("City") is authorized under the procedures of the
Landscaping and Lighting Act of 1972 (commencing with 922500 of the Streets and Highways
Code) to form an assessment district to construct, operate, maintain and repair certain
improvements within the City; and
WHEREAS, Vista Roble, LLC, ("Owner") is the Owner and joint developer of certain real
property. (the "Property") located within the City being developed as a residential subdivision
("Tract 2236" and/or the "Project") and including certain improvements; and
WHEREAS, Owner filed a petition with the City Clerk requesting the City to form an
assessment district to provide an equitable means for payment of the costs of the operation,
maintenance and repair (including City administrative costs, and establishing a reasonable
reserve), of the improvements described below, said improvements specifically benefiting the
property owned by Owner; and
WHEREAS, on September 26, 2006, the City Council adopted Resolution No. 3953, initiating
proceeding for formation of the Grace Lane Assessment District (the "Assessment District"),
said Resolution requesting preparation of an Engineer's Report, and execution of a
Reimbursement Agreement whereby the Developer agrees, among other things, to pay for all
costs incurred in formation of the Assessment District; and
WHEREAS, City proposed to form the Assessment District for the purpose of providing for the
annual costs of the operation, maintenance, and repair (including City administrative costs and
a reasonable reserve) of certain improvements within the City, including but not limited to the
Tract 2236 improvements described as follows:
A. A pedestrian trail across the open space property (Lot B) including, but not
limited to, the existing informal hiking trail currently passing through Lot B,
signage, fencing.
B. All common areas and facilities, including, but not limited to, the open space
parcels and drainage facilities.
C. Maintenance of open space in accordance with fuel modification specifications as
described in Mitigation Measure number 15 in Resolution No. 3732 of the City of
Arroyo Grande.
D. A private drive and associated improvements for Lots 16 through 19.
RESOLUTION NO. 3959
PAGE 2
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Arroyo Grande, as
follows:
1. The City Council hereby declares an intention to order the formation of the
Assessment District, and to levy and collect assessments.
2. The improvements are generally described in the Recitals.
3. The proposed Assessment District shall be referred to as the Grace Lane
Assessment District.
4. Reference is made to th2 Engineer's Report dated October 3, 2006 on file with
the City Clerk, for a full and detailed description of the improvements, the
boundaries of the proposed Assessment District and any zones therein, and the
proposed assessments upon assessable lots and parcels of land within the
Assessment District.
5.. Notice of a public hearing. regarding the question of the formation of the
Assessment District and the levy of the proposed assessments shall be given by
the City Clerk pursuant to the notification requirements of the Landscaping and
Lighting Act of 1972, said public hearing being set and fixed herein for November
28, 2006, and to be held in the chambers of the City Council.
On motion by Council Member Arnold, seconded by Council Member Guthrie, and on the
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Arnold, Guthrie, Dickens, Costello, and Mayor Ferrara
None
None
the foregoing Resolution was passed and adopted this 10th day of October, 2006.
RESOLUTION NO. 3959
PAGE 3
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TONY FER A AYOR
ATTEST:
OtL-R-
E, CITY CLERK
APPROVED AS TO CONTENT:
s~~, CITY MANAGER
APPROVED AS TO FORM:
(~f (~
TIM HY J. CARMEL, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 3959 is a true, full, and correct copy of said Resolution passed and
adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 10th
day of October 2006.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11th day of
October 2006.
~h9-
ORE, CITY CLERK