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HomeMy WebLinkAbout77-130 - Initiating Assessment District, Landscaping and Lighting Act of 1972RESOLUTION NO. 77-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF AN ASSESSMENT DISTRICT PUR- SUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AS SET FORTH IN PART TWO OF DIVISION 15 (SECTION 22500 ET SEQ.) OF THE STREETS AND HIGH- WAYS CODE OF THE STATE OF CALIFORNIA. WHEREAS, City Council approval of Tentative Tract 9936 on July 18, 1977, contained a condition which states "Landscape setbacks and park- ways along South Coast Drive, except adjacent to the apartment project; and the 15 -foot easement from South Coast Drive to Wakeham Park shall be maintained by a mandatory homeowners association or by establishment of an assessment district under the Landscaping and Lighting Act of 1972", referred to hereinafter as "Act"; and WHEREAS, this Council proposes to conduct proceedings, pursuant to the provisions of said Act, being Part 2 of Division 15 of the Streets and Highways Code of the State of California, for the formation of an assessment district for the payment of expenses of maintenance and servicing and possible future replacement of certain landscaping im- provements within the proposed district within an area ranging from 15 to 20 feet in width along South Coast Drive adjacent to Tracts 9936, 10057, and 10058, and within the north parkway of South Coast Drive adjacent to Tract 7718; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: 1. This Council does hereby propose the formation of an assess- ment district pursuant to Part 2 of Division 15 (Section 22500 et seq.) of the Streets and Highways Code of the State of California ("said District" hereinafter). 2. A description of the improvements relevant to said District is as follows: the maintenance and possible future replacement of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the mainte- nance or possible future replacement thereof, including the removal of debris, clearing, the installation or construction of water irrigation or drainage facilities within an area ranging from 15 to 20 feet in width along South Coast Drive adjacent to Tracts 9936, 10057, and 10058, and within the north parkway of South Coast Drive adjacent to Tract 7718, all as set forth in Section 22531 of said Act. 3. A description of said District is set forth in Exhibit "A", attached hereto and incorporated herein by this reference thereto. Said District consists of the area encompassed by Tentative Tracts 9936, 10057, and 10058, and Lots 47 through 65 of Tract 7718, and the north half of the right-of-way for South Coast Drive adjacent to Tract 7718. 4. The distinctive designation for said District is "City of Costa Mesa Landscaping Assessment District No. 2". 5. The City Engineer (Director of Public Services) is hereby directed to prepare and file with the City Council, a report as defined in Section 22565 through and including Section 22574 of the California Streets and Highways Code, with respect to said District and the above referenced improve- ments. 6. The City Clerk shall certify to the adoption of this Resolu- tion. PASSED AND ADOPTED this 17th day of October, 1977. 4orof the city o Mesa ATTEST: GpCity Clerk of the City of Cost Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 77-130 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 17th day of October, 1977. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 18th day of October, 1977. City Clerk and ex -officio Clerk o the City Council of the City of Cost V Mesa