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Home My WebLink About77-95 - Initiating Assessment District, Landscaping Sunflower AvenueRESOLUTION NO. 77-95 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 9901 on June 20, 1977, contained a condition which states "Landscape setbacks and park- ways along Sunflower Avenue and Smalley Road shall be maintained by a mandatory homeowners association or by establishment of an assessment district under the Landscaping and Lighting Act of 1972"; and WHEREAS, this Council proposes to conduct proceedings, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code of the State of Cali- fornia, for the formation of an assessment district for the payment of expenses of maintenance and possible future replacement of certain landscaping improvements within the proposed district on lettered Lots B and C of Tentative Tract 9901, which are intended to be dedicated to the City of Costa Mesa upon the formation of said district; 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 land- scaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance or possible future replacement thereof, including the removal of debris, clearing, the installation or con- struction of water irrigation or drainage facilities on lettered Lots B and C of Tentative Tract 9901. 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 Tract 9901. 4. The distinctive designation for said district is "City of Costa Mesa Landscaping Assessment District No. 1". 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 improvements. 6. The City Clerk shall certify to the adoption of this Resolu- tion. PASSED AND ADOPTED this 1st day of August, 1977. ATTEST: City Clerk of the City of Co a Mesa Ma or of the City of s 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. 77-95 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the lst day of August, 1977, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 2nd day of August, 1977. ,�. Cd? p City Clerk and ex -officio C1 of the City Council of the City of Vo sta Mesa LEGAL DESCRIPTION OF CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NO. 1 That portion of the land allotted to James McFadden as described in the Final Decree of Partition of the Rancho Santiago de Santa Ana, which was entered September 12, 1868, in Book "B", Page 410 of Judgments of the District Court of the 17th Judicial District in and for Los Angeles County, California, described as follows: BEGINNING at the northeast corner of the land described in Parcel 1 in a deed to the City of Costa Mesa, a municipality, recorded July 16, 1974, in Book 11196, Page 1087 of Official Records, records of said Orange County, said corner being in the westerly line of Tract No. 7718 as said Tract is shown on a map recorded in Book 303, Pages 35 through 40 of Miscellaneous Maps, records of said Orange County; thence along the westerly line north 0051'05" west, 685.11 feet to the TRUE POINT OF BEGINNING; thence continuing along said westerly line north 0'51'05" west, 721.16 feet to a line parallel with and distant 25.00 feet southerly, measured at right angles from the centerline of Sunflower Avenue as shown on said Tract No. 7718; thence along said parallel line south 88°55'50" west, 651.20 feet to a line parallel with and distant 25.00 feet easterly, measured at right angles from the easterly line of Tract No. 6637 as said Tract is shown on a map recorded in Book 247, Pages 49 and 50 of Miscellaneous Maps, records of said Orange County, also being the easterly line of San Leandro Lane (formerly Smalley Street) as described in a deed to Newport -Mesa Unified School District recorded August 25, 1967, in Book 8353, Page 353 of Official Records, records of said Orange County, thence along said parallel line and said easterly line south 0°51'05" east, 713.69 feet to a line parallel with the northerly line of said Parcel 1 and which passes through the TRUE POINT OF BEGINNING; thence along said parallel line north 89035'13" east, 651.21 feet to the TRUE POINT OF BEGINNING. W EXHIBIT "A" Resolution No. 77-95 Leo SO LOTS /O• ACRES _— _� .... ; rive ream r.� , `w ,�....,..,-,.,., ..a•..». «o „V....,... . OWNEk' � QECORD_ �xvn ,�tsu uvarEa xMwL o/sT /OJT PL.CCENT/q qUE. ' COSTA MESq, Cq. ' SSG -3210 xgca� r -.w• SUNFLOWER --- ---- • - FJVENUE— + -- is \ _ e to �I, I 11 .14—W re � 30 c _ TYPICAL SECT/ON i�- /NTEQ/OR 5TREET5 I/ 42 -I A ff IS IG IJ {d I9 y1n• -c,.c... --- TYPICAL SECT/ON I, .� SUNFLOWER AVENUE Tentative Parcel TT 9901 Foley Const. Sunflower/Smalley U L�]Lr �J 11 U �,b p f/`• / � �[ C�14� C�J� C� �� ` �i'G°a Gv��GI ��.y�[,�lfi��r�L,�`c�v7� Oa < G A, n 1=1.L.0 V u�l3N °u mgo1 - FOLEY CMS701C7/ON CO. KAUPP, LNK2ER 4 RS50C. ' r 3— INV/NF EYVD. STE..Yr2 m5r/N, CA. 9IIEQ�6 s .c.,r 0• ,�'• cw.vrr ov a•ar .a.• oe �.,.,.,w.,• . / gECy,•IL! qvf. LSCOE. S STF. b2 7i+- sir - 3was C.S r N COSTME6q Cq, 9146 MNY , /977 s9 - 32IL Leo SO LOTS /O• ACRES _— _� .... ; rive ream r.� , `w ,�....,..,-,.,., ..a•..». «o „V....,... . OWNEk' � QECORD_ �xvn ,�tsu uvarEa xMwL o/sT /OJT PL.CCENT/q qUE. ' COSTA MESq, Cq. ' SSG -3210 xgca� r -.w• SUNFLOWER --- ---- • - FJVENUE— + -- is \ _ e to �I, I 11 .14—W re � 30 c _ TYPICAL SECT/ON i�- /NTEQ/OR 5TREET5 I/ 42 -I A ff IS IG IJ {d I9 y1n• -c,.c... --- TYPICAL SECT/ON I, .� SUNFLOWER AVENUE Tentative Parcel TT 9901 Foley Const. Sunflower/Smalley