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R 3888 RESOLUTION NO. 3888 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ORDERING FORMATION OF THE PARKS IDE VILLAGE 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 S22500 et seq.) to form an assessment district arid to levy assessments thereon to maintain certain specified improvements within the City; and WHEREAS, Parkside Village, LLC, ("Owner") is the sole Owner and developer of certain real property, located on Farrol Road at Dixson Street, APN: 077-251-005, within the City (the "Property") being developed with certain improvements as a residential subdivision commonly known as Tract 2310-1 and Tract 2310-2 (the "Project"); 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 Parkside Village 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: Landscaping bordering Farrol Road, Bakeman Road Entrances, behind and along Bakeman Lots 10, 11, 12, and 13 of Phase 1, mini park, pedestrian pathway easement and drainage basin; fencing, gates and walls bordering Farrol Road, Bakeman Roa_d Entrances, behind and along Bakeman Lots 10, 11, 12, and 13, park and drainage basin; the pathway easement, lighting and all improvements between lots 1, 2 and 3 between Dixson Street and the mini park; the mini park and all improvements to include walkways, play area, benches, and basketball court on Lot 24; the drainage retention basin and all improvements to including water separator on Lot 25, and French drain(s) along the East boundary of Tract 2310-2; and WHEREAS, pursuant to Streets and Highways Code S22565 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 S22587, the City Council has adopted a resolution of 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 ---- RESOLUTION NO. 3888 PAGE 2 which is attached hereto as Exhibit "A", and said affirmative vote was not withdrawn by the Owner; and 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: Section 1. The foregoing recitals are true and correct, and incorporated herein by this reference. Section 2. That the public necessity, convenience and desirability requires the acceptance, and maintenance of those certain Improvements, more particularly described in the Engineer's Report and hereby orders such Improvements to be accepted by City and maintained by District, which is hereby formed pursuant to The Landscaping and Lighting Act of 1972. Section 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. Section 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. On motion by Council Member Dickens, seconded by Council Member Arnold, and on the following roll call vote, to wit: AYES: Council Members Dickens, Arnold, Guthrie, and Mayor Ferrara NOES: None ABSENT: Council Member Costello the foregoing Resolution was passed and adopted this 8th day of November, 2005. RESOLUTION NO. PAGE 3 ~ TONY FERRA ATTEST: -/'" " ! I ,I. ,,. _I, .,-' ( . i \.\. i,,__ L" -) i (.-t' -:.: (,ef-e KELLY K. WETMORE, CITY CLERK ~/ APPROVED AS TO CONTENT: . ~ ">/:;2' ,'_ , / -F ~~/_ _ / STEVEN-'ADAMS, CITY MANAGER APPROVED AS TO FORM: -- EXHIBIT A NOTICE OF PUBLIC HEARING ON THE PROPOSED FORMATION OF THE PARKSIDE VILLAGE ASSESSMENT DISTRICT AND LEVY OF ASSESSMENTS UPON BENEFITING PROPERTY This notice if given pursuant to Government Code S 53753 and is intended to provide notice to the owner of the real property commonly known as Tract 2310-1 and 2310-2 ("Parkside") of a public hearing to be held by the City Council of the City of ArroyoGrande with regard to the proposed formation of an assessment district known as the "Parks ide Village Assessment District" and the proposed levy of assessments on said real property. The purpose of the proposed assessments is to ensure funding for the annual operation/ maintenance and repair of certain specified improvements associated wj.th Parkside. The total amount of the proposed annual assessment for Parkside is Fifty-four Thousand Eight Hundred Thirty Dollars and 75/100 cents ($54/830.75). The total amount chargeable to the record owner of Parkside is Fifty-four Thousand Eight Hundred Thirty Dollars and 75/100 cents ($54/830.75).' The total assessment is calculated based on the cost of annual operation, maintenance and repair of specified improvements and is equitably distributed within Parkside on the basis of the benefit of said improvements to each parcel located therein. These assessments would De levied upon said real property and collected annually with the property tax of each respective parcel. A copy of the Assessment Engineer's Report upon which the proposed assessment is based is on file and may be reviewed at the office of the City Clerk, City of Arroyo Grande, located at 214 E. Branch Street, Arroyo Grande, CA.. A public hearing regarding the proposed formation of the Parkside Village Assessment District and the levy of assessments is scheduled for November 8, 2005 at 7 p.m~ in the Arroyo Grande Council City Chambers located at 215 E. Branch Street, Arroyo Grande, CA. Attached to this notice as Exhibit" An is a Ballot regarding the proposed assessment. The Ballot should be completed and submitted to the City Clerk of the 'City of Arroyo Grande at the above-referenced address. Because you are the sole owner of all benefiting property within the proposed Parkside Village Assessment District, your support or opposition to proposed assessment will be determinative. EXHIBIT" A" ASSESSMENT BALLOT FOR THE PROPOSED P ARKSIDE VILLAGE ASSESSMENT DISTRICT , TOTAL ASSESSMENT AMOUNT.$ 54,830.75 Owner's Name: Parkside Village, LLC Street Address: Farrol Road at Dixon Street APN: 077-251-005 Subdivision No.: Tract 2310-1 and Tract 2310-2 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 for the Parkside Village 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 8, 2005 at 7 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 ~anged 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 Parkside Village Assessment District will be formed and the assessment levied. In order for your Ballot to be effective please: 1. Check the appropriate box; 2, Print and sign your name in the space provided; and 3. Return your Ballot to the City of Arroyo Grande prior to the conclusion of the public hearing above referenced. I hereby certify that I am an owner of the above described property or authorized to vote on behalf of the ownership, and 00 Yes, I SUPPORT the proposed assessment as described above. D No, I OPPOSE the proposed assessment as described above. ,. Rv~~lu\i ~d[~~, ~ ~O-rrm~W6 ~(1r)~btv wner's signature or Authorized Agent * Print Owner's Name or uthorized Agent * * If signed by Authorized Agent then let Owner's signed, written authorization must be attached to this., ballot. ; " " '-..' PARKSIDE VILLAGE LLC ACTION BY MEMBERS WITHOUT A MEETING The undersigned, being a quorum of members of Parkside Village LLC, a California Limited Liability Company, consent to the following actions of the company: 1. Adoption of the following resolutions by the members: The members have reviewed the Notice of Public Hearing on the Proposed Formation of the Parkside Village Assessment District and Levy of Assessments Upon Benefiting Property, Engineers Report and all documents in connection with it and as sole owner of the property support the formation of the assessment district. 2. Therefore it is resolved that Parkside Village LLC execute the Assessment Ballot in support thereof and that Warren Sanders, as managing member, is ' authorized, empowered and directed on behalf of Parkside Village LLC to execute the Ballot and all other documents to be executed in connection with it and to take all actions necessary to conclude the formation of the assessment district. This consent is granted under California Corporations Code section 17104(i) with respect to all membership interests held by the undersigned that are entitled to vote on these matters. ( ~0JJ~o~ -- Date: September 28, 2005 v Warren Sanders "'," , ~ " ! RESOLUTION NO. 3888 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 Resolution No. 3888 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 8th day of November 2005, WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 9th day of November 2005. Ii , , ' ,/. '.. i.' :';: /" : i ',' \'1-../ /:' i( ", " , '. "" . I' I. I,' ". ' . '-'~ . 'I . ';.( J 'f", ",' : '. --""_. - ...."._.-'" KELL Y WE~ORE, CITY CLERK