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R 3976 RESOLUTION NO. 3976 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ORDERING FORMATION OF THE GRACE LANE ASSESSMENT DISTRICT CONFIRMING ASSESSMENTS, ASSESSMENT DISTRICT DIAGRAM, AND APPROVING THE LEVYING OF ASSESSMENTS. WHEREAS, the City of Arroyo Grande ("City") is authorized under the procedures of the Landscaping and Lighting Act of 1972 (commencing with Streets and Highways Code 922500 et seq.) to form an assessment district and to levy assessments thereon to maintain certain specified improvements within the City; and " , WHEREAS, Vista Roble, LLC, ("Owner") is the sole owner 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 has filed a petition with the City Clerk ("Petition"), requesting the City to form an assessment maintenance district, commonly referred to as the Grace Lane Assessment District (hereinafter referred to as "District") to provide a means to finance the costs of the maintenance, operation and service (including administrative costs, and establishing a reasonable reserve), for improvements that specifically benefit the Property; and WHEREAS, said improvements are described in the Engineer's Report (the "Improvements") and include, but are not limited to 1) 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; 2) common areas and facilities, including, but not limited to, the open space parcels and drainage facilities; 3) open space and maintenance thereof in accordance with fuel modification specifications as described in Mitigation Measure No. 15 in Resolution No. 3732 of the City Council of the City of Arroyo Grande; and 4) a private drive and associated improvements for Lots 16 through 19;.and WHEREAS, pursuant to Streets and Highways Code 922565 et seq., the Owner prepared and the Council has approved an Engineers Report, on file in the Office of the City Clerk and incorporated herein, which describes and establishes the assessment amount(s) for each benefiting unit; and WHEREAS, pursuant to Streets and Highways Code 922587, the City Council has adopted Resolution No. 3959 indicating the City Council's intention to order the formation of the District and levy of assessments; and WHEREAS, pursuant to Government Code Section 53753, the City provided all required notice of the hearing on the proposed assessment district to the Owner along with an assessment ballot ("Ballot") and City received the Ballot with an affirmative vote of support for the proposed formation of the District and levy of assessments, a copy of which is attached hereto as Exhibit "A", and said affirmative vote was not withdrawn by the Owner; and RESOLUTION NO. 3976 PAGE 2 WHEREAS, the Owner is the sole owner the Property comprising the District and its support of the proposed District is determinative, therefore there is no protest to assessment district formation and levy of assessments. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Arroyo Grande, as follows: 1. The foregoing recitals are true and correct, and incorporated herein by this reference. 2. That the public necessity, convenience and desirability requires the maintenance of those certain Improvements, more particularly described in the Engineer's Report for the Grace Lane Assessment District and hereby orders such Improvements to be maintained by District, which is hereby formed pursuant to the Landscaping and Lighting Act of 1972. 3. That all the parcels of land within the District have been assessed in proportion to the special benefit to be received by such parcels for the maintenance of such Improvements, and the City Council hereby declares that such Assessment Roll and Assessment District Diagram as contained in the Engineer's Report are hereby adopted and confirmed by the City Council, and the assessments contained or referenced in the Engineer's Report are hereby levied. Said assessments are subject to annual adjustment according to changes set forth in the U.S. Bureau of Labor Statistics Consumer Price Index used by the City. 4. That the City Clerk is hereby directed to file the Assessment District Diagram and Assessment Roll with the County Auditor, and such assessments shall become due and payable; and the City Clerk is hereby further directed to record in the Office of the San Luis Obispo County Recorder a copy of such Assessment District Diagram and to execute a Notice of Assessment and such assessment will become a lien upon the land on which it is levied, all pursuant to the Landscaping and Lighting Act of 1972. 5. That this Resolution shall not take effect unless and until the recordation of a final map for Tract 2236 in the San Luis Obispo Clerk Recorder's Office. On motion by Council Member Costello, seconded by Council Member Dickens, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Costello, Dickens, Guthrie, and Mayor Ferrara None Council Member Arnold the foregoing Resolution was passed and adopted this 28th day of November, 2006. RESOLUTION NO. 3'114- PAGE 3 ATTEST: #uo/I.L- . CITY CLERK APPROVED AS TO CONTENT: ~. -----'.-:-' , -'?.("'?'~" ':, STEVEN ADAMS. CITY MANAGER APPROVED AS TO FORM: ';Je0'--- ~ 52- TIM THY J. EL. CITY ATTORNEY EXHIBIT "A" ASSESSMENT BALLOT FOR THE PROPOSED GRACE LANE ASSESSMENT DISTRICT TOTAL ASSESMENT AMOUNT: $9,334.95 Owner's Name: Vista Roble LLC Street Address: Tract 2236 Arroyo Grande, CA 93420 Subdivision No. Tract2236 This Assessment Ballot is for the use of the owner of the real property described above to support or oppose the levy of the proposed assessment district for the Grace Lane Assessment District. This Assessment Ballot must be signed and either mailed or otherwise delivered to the City of Arroyo Grande at 214 E. Branch Street, Arroyo Grande, CA 93420, prior to the conclusion of the public hearing on the above assessment, which hearing is scheduled to be held on Tuesday, November 28, 2006 at 7:00 p.m., at the Arroyo Grande City Council Chambers located at 215 E. Branch Street, Arroyo Grande, CA. Regardless of the method of delivery, this Assessment Ballot must have a mark next to "support" or "oppose" and must be properly signed in the place provided and must be received at such address or at the location of such public hearing, prior to the conclusion of the public hearing. The Assessment Ballot may be changed or withdrawn after it is submitted by the person who submitted the Ballot prior to the conclusion of the public hearing on the proposed assessment. Because you are the only property owner of the benefiting property, your Assessment Ballot will determine whether or not the Grace Lane Assessment District will be formed and the assessment levied. In order for your Assessment Ballot to be effective, please: 1. Check the appropriate box; 2. Print and sign your name in the space provided; and 3. Return your Assessment Ballot to the City of Arroyo Grande prior to the conclusion of the public hearing referenced above. I hereby certify that I am an owner of the above referenced real property or authorized to vote on behalf if the ownership, and: Grace Lane Assessment District NOTICE OF HEARING & Tract 2236 ASSESSMENT BALLOT Yes, I SUPPORT the proposed assessment as described above. ❑ No, I OPPOSE the proposed assessment described above. v. Print Owner's Name or Owner's Sign- re or Authorized Agent Authorized Agent Date: ic *If signed by Authorized Agent then Owner's signed, written authorization must be attached to this Ballot. Grace Lane Assessment District NOTICE OF HEARING & Tract 2238 ASSESSMENT BALLOT 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. 3976 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council/Redevelopment Agency of the City of Arroyo Grande on the 28th day of November 2006. . WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 30th day of November 2006.