HomeMy WebLinkAbout84-82 - Ordering Annexation to Landscaping Assessment District No. 11.5`_'
RESOLUTION NO. 84-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, ORDERING THE ANNEXATION
OF PROPERTY LOCATED WITHIN TRACT 12011 TO CITY
OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT
NO. 1.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS
FOLLOWS:
WHEREAS, the City of Costa Mesa Planning Commission's approval of
Tentative Tract 12011 on August 8, 1983, contained a condition which states
"a private, mandatory homeowners association or a landscaping assessment
district for the maintenance of the required setbacks along Smalley load
shall be established"; and
WHEREAS, the property located within Tract 12011 is immediately
adjacent to and contiguous with the boundaries of City of Costa Mesa Land-
scaping Assessment District No. 1; and
WHEREAS, the annexation of property located within Tract 12011 to City
of Costa Mesa Landscaping Assessment District No. 1 will provide a more
efficient and expeditious means to comply with the above -noted Condition
of Approval than the establishment of a separate landscaping assessment
district for Tract 12011; and
WHEREAS, this Council did adopt Resolution 84-57 proposing the annexa-
tion of property included in Tract 12011 to City of Costa Mesa Landscaping
Assessment District No. 1 on May 7, 1984; and
WHEREAS, this Council did find that the annexation of property con-
tained within Tract 12011 to City of Costa Mesa Landscaping Assessment
District No. 1 did comply with provisions of Article 2 (Changes of organi-
zation for Assessment Districts) of the Landscaping and Lighting Act of
1972 which allows annexations to existing landscaping assessment districts
without notice and hearing or filing of an engineer's report for both; and
WHEREAS, this Council did adopt resolution 84-74 declaring its inten-
tion to order the annexation of property included in Tract 12011 to City of
Costa Mesa Landscaping Assessment District No. 1 on June 4, 1984; and
WHEREAS, the required landscape improvements will not be installed by
the subdivider of Tract 12011 and the required landscape improvements will
not be maintained by the City of Costa Mesa in sufficient time to warrant
the levying of an assessment on properties located in Tract 12011 for the
Fiscal Year 1984-1985;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Costa Mesa does hereby find, determine, and resolve as follows:
I. 'That the provisions of Article 2 of Chapter 2 of the Landscaping
and Lighting Act of 1972 (Sections 22605-22611, inclusive) relating to
changes of organization for assessment districts, including annexations of
territory to an existing district, are applicable to this action and have
been complied with as set forth in resolution 84-57.
II. That the property located within Tract 12011 is hereby annexed
to City of Costa Mesa Landscaping Assessment District No. 1 by the adoption
of this Resolution. Said District shall now consist of that area encom-
passed by Tract 9901 and by Tract 12011 in the City of Costa Mesa, County
of Orange, and more specifically described in Exhibit "A", attached hereto
and incorporated by reference.
III. That no assessments shall be levied against any lot within Tract
12011 for the 1984-1985 Fiscal Year.
IV. That upon satisfactory installation of the landscaping improve-
ments on lettered lots A and B of Tract 12011, and upon acceptance of said
the City Manager upon the advice of the City Attorney, including without
limitation any changes necessary to conform to the description of the
financing contained in the form of Official Statement herein approved.
The Mayor and the City Clerk are hereby authorized and directed for and in
the name and on behalf of the City to execute, attest and affix the seal
of the City to said form of Lease Agreement.
Section 2. Trust Agreement. The City Council hereby approves the
Trust Agreement in substantially the form on file with the City Clerk
together with any changes therein or additions thereto deemed advisable by
the City Manager upon the advice of the City Attorney, including without
limitation any changes necessary to conform to the description of the
financing contained in the form of Official Statement herein approved.
The Mayor and the City Clerk are hereby authorized and directed for and in
the name and on behalf of the City to execute, attest and affix the seal
of the City to said form of Trust Agreement.
Section 3. Second Assignment Agreement. The City Council hereby
approves the assignment of its interest under the Sublease Agreement to
South Coast Plaza pursuant to the Second Assignment Agreement in substanti-
ally the form on file with the City Clerk together with any changes therein
or additions thereto deemed advisable by the City Manager upon the advice
of the City Attorney, including without limitation any changes necessary
to conform to the description of the financing contained in the form of
Official Statement herein approved. The Mayor and the City Clerk are
hereby authorized and directed for and in the name and on behalf of the
City to execute, attest and affix the seal of the City to said form of
Second Assignment Agreement.
Section 4. Sublease Agreement. The City Council hereby approves the
sublease of the Project to the Partnership pursuant to the terms and pro-
visions of the Sublease Agreement in substantially the form on file with
the City Clerk together with any changes therein or additions thereto
deemed advisable by the City Manager upon the advice of the City Attorney,
including without limitation any changes necessary to conform to the
description of the financing contained in the form of Official Statement
herein approved. The Mayor and the City Clerk are hereby authorized and
directed for and in the name and on behalf of the City to execute, attest
and affix the seal of the City to said form of Sublease Agreement.
Section 5. Sale of Certificates. The City Council hereby directs the
Trustee to deliver the Certificates to the Placement Agent pursuant to the
Placement Agency Agreement in substantially the form on file with the City
Clerk together with any changes therein or additions thereto deemed advis-
able by the City Manager upon the advice of the City Attorney. The City
Manager is hereby authorized and directed to approve any offer presented
by the Placement Agent which is acceptable to the City Manager, and exe-
cute, for and in the name and on behalf of the City, said Placement Agency
Agreement.
Section 6. Official Statement. The City Council hereby approves the
preliminary Official Statement describing the Certificates, in substanti-
ally the form submitted by the Placement Agent and on file with the City
Clerk, together with any changes therein or additions thereto deemed advis-
able by the City Manager, who is hereby authorized and directed to execute
said form of Official Statement for and in the name of the City. The
Placement Agent is hereby authorized to distribute said preliminary
Official Statement and any final form thereof to prospective purchasers of
the Certificates.
Section 7. Official Actions. The Mayor, the City Manager, the
Finance Director, the City Clerk, the City Attorney and any and all other
officers of the City are each authorized and directed in the name and on
behalf of the City to make any and all assignments, certificates, requisi-
tions, agreements, notices, consents, instruments of conveyance, warrants
and other documents, which they or any of then might deem necessary or
appropriate in order to consummate any of the transactions contemplated by
the agreements and documents approved pursuant to this Resolution.
Section 8. Effective Date. This Resolution shall take effect frau
and after the date of its passage and adoption.
e' r
PASSED AND ADOPTED this 18th day of June, 19
to Mesa
ATPEST:
City Clerkof the City of
Costa 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 fore-
going Resolution No. 84-84 was duly and regularly passed and adopted by
the said City Council at a regular meeting thereof, held on the 18th day
of June, 1984, by the following roll call vote:
AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Johnson
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 19th day of June, 1984.
Ciry Clerk and ex -officio Clerk of e
City Council of the City of Costa sa
By: ,_.
Deputy Cit Clerk
improvements by the City, the City of Costa Mesa Leisure Services Depart-
ment shall undertake all necessary maintenance and possible future replace-
ment of said landscaping and any facilities which are appertenant thereto,
or which are necessary or convenient for the maintenance or possi]?le future
requirement thereof, including the removal of debris, clearing, ° t mainte-
nance and repairs of water irrigation or drainage facilities on lettered
lots A and B of Tract 12011.
VI. That the Development Services Director shall forthwith transmit a
Notice of Annexation to City of Costa Mesa Landscaping Assessment District
No. 1 to the County Recorder of Orange County.
PASSED AND ADOPTED this 18th day of June, 1 .__.
Mayor of the City of Costa Mesa
ATTEST:
City Clerk of the City of
Costa Mesa 7
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 fore-
going Resolution No. 84-82 was duly and regularly passed and adopted by
said City Council at a regular meeting thereof, held on the 18th day of
June, 1984.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 19th day of June, 1984.
C(7 Clerk and ex -officio Clerk of t
City Council of the City of Costa
By: j
Deputy Cir
i Clerk
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