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HomeMy WebLinkAboutRES CC 1983 43 1983 1005RESOLUTION NO. 83 -43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK TO INITIATE PROCEEDINGS FOR THE FORMA- TION OF THE "' MOORPARK LANDSCAPE MAINTENANCE AS- SESSMENT DISTRICT NO. 83 -1, "AN ASSESSMENT DIS- TRICT TO BE ESTABLISHED PURSUANT TO THE "LAND- SCAPING AND LIGHTING ACT OF 1972." A. WHEREAS, Griffin Homes - Moorpark, a general part- nership (herinafter "Griffin "), owns that certain real property located in the City of Moorpark, County of Ventura, State of California, more particularly described as follows: Lots 1 through 107, inclusive, of Tract 3841 -1 as shown on a Map recorded on March 1, 1983, in Book 95, Pages 15 to 20, of the Miscellaneous Records in the office of the County Recorder, and Lots 108 through 191, inclusive, of Tract 3841 -2 as shown on a Map recorded on March 1, 1983, in Book 95, Pages 21 to 25, of the Miscellaneous Records in the Office of the County Recorder (herein- after the "Property'); B. WHEREAS, Griffin intends to develop the property as a multi -phase residential planned unit development (herein- after the "Project ") ; C. WHEREAS, as a condition for approval of the recor- dation of the aforesaid final tract maps, the County of Ventura, as the predecessor of the City of Moorpark, required that that certain street median along Tierra Rejada Avenue, that those certain tree wells along Los Angeles and Tierra Rejada Avenues and that certain open -space park -site adjacent to the Property, as more particularly shown on Exhibit "A' attached hereto (herein- after the "Improvement Areas "), be improved with landscaping and related improvements to a standard acceptable to theCounty of Ventura; that Griffin maintain the Improvement Areas for a period of twelve (12) months after the landscaping and related improve- ments have been installed; and that a means for assuring the continued maintenance, operation and servicing of the Improvement Areas, and all improvements thereto, be established to the reason- able satisfaction of the County of Ventura; D. WHEREAS, Moorpark became an incorporated City on July 1, 1983, and has succeeded to the interest of the County of Ventura; E. WHEREAS, in response to the aforesaid conditions of approval of the recordation of the final tract maps, Griffin has executed and filed with the City Clerk a Petition wherein Griffin has, among other things, proposed to improve the Improve- ment Areas and maintain same for a period of twelve (12) months and has requested that City to form a landscape maintenance assess- ment district to provide for the continued maintenance, operation and servicing of the Improvemant Areas, and all improvements thereto. A copy of the Petition is attached hereto as Exibit "B" ; and F. WHEREAS, this Council desires to initiate proceed- ings pursuant to, and in accordance with, the provisions of the "Landscaping and Lighting Act of 1972" as set forth in Part 2 of Division 15, Section 22500 et seg., of the Streets and Highways Code of the State of California, to form a landscape maintenance assessment district to provide for the continued maintenance, operation and servicing of the Improvement Areas, and all improve- ments thereto, and to provide for the payment of all costs and expenses incurred for such maintenance, operation and servicing. NOW, THEREFORE, BE IT RESOLVED in furtherance of the foregoing recitals, the City Council of the City of Moorpark does hereby find, determine, resolve and order as follows: 1. Initiation of Proceedings to Form Assessment Dis- trict. Pursuant to Section 22855 of the Streets and Highways Code of the State of California, this Council hereby proposes to form, and does initiate proceedings for the formation of, a land- scape maintenance assessment district pursuant to, and in accord- ance with, the provisions of the "Landscaping and Lighting Act of 1972" as set forth in Part 2 of Division 15, Section 22500 et_ seq., of said Code, to provide for the continued maintenance, operation and servicing of the Impro vement Areas, and all improve- ments thereto as defined in paragraph 2 herinbelow, and to pro - fide for the payment of all costs and expenses incurred for such maintenance, operation and servicing. 2. Description of Improvements. The improvements to the Improvement Areas shall include such landscaping, irriga- ticn equipment and related improvements as set forth in a "Master Plan and Design Development Report" to be prepared at Griffin's sole cost and expense, subject to approval by the City. 3. Description of Proposed Landscape Maintenance Assessment District. To ensure that the costs and expenses of maintaining, operating and servicing the Improvement Areas, and the improvements thereto, are borne by the owners of the property to be benefited thereby, this Council resolves that the proposed landscape maintenance assessment district consist of all lots within the property as shown on the final tract maps for Tract 3841 -1 and Tract 3841 -2. 4. Distinctive Designation. The distinctive designa- tion for the proposed assessment district to be formed pursuant to this Resolution shall be "Moorpark Landscape Maintenance As- sessment District No. 83 -1. -2- 5. Preparation of Engineer's Report. The City Manager is hereby directed to engage the services of a duly licensed civil engineer to prepare and file with this Council, within thirty (30) days hereof, a report prepared pursuant to the provi- sions of Sections 22565 through 22574, inclusive, of the Streets and Highways Code of the State of California. The City Manager may, at his discretion, delegate the duty to prepare said report to the licensed civil engineer engaged by Griffin. In any case, all costs and fees payable to the engineer for the preparation of the engineer's report shall be borne by Griffin in accordance with the provisions of the petition. Any duly licensed civil engineer designated by the City Manager shall be deemed to have been designated by this Council. 6. Certificate of Adoption. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 5th day of October , 1983. -- �_.. OR ATTEST: FEW LANDSCAPE DISTRICT AD 83 -4 EXUINT 'A' 4 SCALE 1 - tSo' 9 29 83 LEGGNO MAINTENgNC6 AREA PARK AND ISLAND MEDIANS $zcTURN MAINTGNANC6 ARGA SB9'S71o"6 8's HI' so'o1 ao'w ao.00 LOS ANGt;-LS-=S AVCNUE 589'ST3O 6 � 82l 36' 7QQg Nn- n2_�•1L29o0,: _ _ . . � A N i N J N P - � 1 d OCd O O 0 z Q Q Q LU li Q OC W 1 9 t4\ tS 16 ti e,114 20 21 22 1) 1 t1 2S 24- 17 Td 2T )0 y It 111 u N1614TIN6ALG STRGGT 1s 12 II 10 i (fl be 6T 66 41 K b) 62 al 10 S9 1T 9 tl se ~ 8 12 57 1♦ 1 U e4- �T H N ♦0 41 S4- 6 74 eG Al. 7 41 S r s is s4 Z 4 Z 74- 64 AS S1 l� 4) 1 3 77 933 a 94 st Q 44 2 Q 76 r 7 51 45 -- - so at 4 3 as 9' ai 4c ez 79 1 47 COURNG`f LANQ 4s 49 r 174- Q 17S 121 4t.7 Jos 104 10) 101 101 too 94 96 1T7 IN 176 IT5 179 Ile Its 1446 N7 w6 149 150 1St 171 too O u7 124- 171 16( In 116 K7 14S 152 I4- b1 N 0 1 126 144 I>) 169 OC le) 0 S 1.4 129 141 — 1$& 166 W 1e4 JI 0 u3 O I)O 14z 155 167 16s Z 112 t41 O 166 0( I >I Ise. 14-6 It, � I >2 140 IS7 165 J 187 uo d n1 >7 136 Ica 186 l09 I)a J6i I� 154- 11T I)E I$9 Ib0 tbl tqo tOB 115 162 191 WA.RVESTG-R STR6GT N59•ST"'w .rvev•s7�o'w n- O.14'SO'w SAP . i.�i.. R- 27.00'L�42.44 Ij.15.S0'L.12.1 9 j /!/ 'R+ 84 'L-152.61 G�89'S'1'20' • / // N19 42'30'GRA )" / j PAR K Lma IALVEAMAN & ASSOCIMS CPAL W49046 EM • LAND PLAOOW i• UWD SUNVE t0000Vb(f4AMK1. t111IR 7RQ '�OIxN4 >It��G1tfM JIA IGP '•MO I'xl- MIT "A" PEI ITION A PETITION TO THE CITY COUNCIL OF THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALI- FORNIA, PETITIONING SAID COUNCIL TO INITIATE PROCEEDINGS FOR THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT TO BE ESTAB- LISHED PURSUANT TO THE "LANDSCAPING AND LIGHTING ACT OF 1972" AS SET FORTH IN PART 2 OF DIVISION 15 (SECTION 22500 et seq.) OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. W I T N E S S E T H: A. WHEREAS, Griffin Homes - Moorpark, a general part- nership (hereinafter "Griffin "), owns that certain real property located in the City of Moorpark, County of Ventura, State of California, more particularly described as follows: Lots 1 through 107, inclusive, of Tract 3841 -1 as shown on a Map recorded on March 1, 1983, in Book 95, Pages 15 to 20, of the Miscellaneous Records in the Office of the County Recorder, and Lots 108 through 191, inclusive, of Tract 3841 -2 as shown on a Map recorded on March 1, 1983, in Book 95, Pages 21 to 25, of the Miscellaneous Records in the Office of the County Recorder (herein- after the "Property "); B. WHEREAS, Griffin intends to develop the Property as a multi -phase residential planned unit development (herein- after the "Project "); C. WHEREAS, as a condition of approval of the recorda- tion of the aforesaid final tract maps, the County of Ventura, as the predecessor of the City of Moorpark, required that that cer- tain street median along Tierra Rejada Avenue, that those certain tree wells along Los Angeles and 'Tierra Rejada Avenues and that certain open -space park-site adjacent to the Property, as more liX11113I "1' "l�" 081 `)8'1 particularly shown on Exhibit. "A" aLt.,iched hereto (hereinafter the "Improvement Areas "), be improvod with landscaping and re- lated improvements to a standard acceptable to the County of Ventura, that Griffin maintain the Improvement Areas for a period of twelve (12) months after the landscaping and related improve- ments have been installed, and that a means for assuring the continued maintenance, operation and servicing of the Improvement Areas, and all improvements thereto, be established to the reason- able satisfaction of the County of Ventura; D. WHEREAS, Moorpark became an incorporated City on July 1, 1983, and has succeeded to the interest of the County of Ventura; E. WHEREAS, pursuant to the "Landscaping and Lighting Act of 1972" as set forth in Part 2 of Division 15 (Section 22500 et seq.) of the Streets and Highways Code of the State of Cali- fornia, the City may form a landscape maintenance assessment district to provide for the continued maintenance, operation and servicing of the Improvement Areas (and all improvements thereto) and to provide for the payment of all costs and expenses incurred for such maintenance, operation and servicing; and F. WHEREAS, Griffin is the sole owner of all of the real property to be initially included within the landscape main- tenance assessment district. NOW, THEREFORE, in furtherance of the foregoing reci- tals, Griffin does hereby petition the Council as follows: 1. Griffin hereby requests that the City form a land- scape maintenance assessment district, pursuant to the "Land- scaping and Lighting Act of 1972" as set forth in Part 2 of Divi- sion 15 (Section 22500 et seq.) of the Streets and Highways Code of the State of California, consisting of all of the lots within the Property to assure the corntinLW(J maintenance, operation and -2 servicing of t,.)( Improvement Are ,js (arid all improvements thereto) and the payment ��f al 1 costs and expanses incurred for such main- tenance, operation and servicing. 2. As the sole owner of all of the real property to be initially included within the proposed landscape mainte- nance assessment. district, Griffin hereby waives all statutory hearings of objections and protests by interested property owners to the formation of said district. 3. In consideration for the formation of the proposed landscape maintenance assessment district by the City, Griffin hereby proposes as follows: (a) To improve the Improvement Areas with such landscaping, irrigation equipment and related improvements as set forth in a "Master Plan and Design Development Re- port" to be prepared by a licensed landscaping architect, at Griffin's sole cost and expense, subject to approval by the City (hereinafter referred to as the "Improvements "), and to bear all costs of constructing or otherwise install- ing the Improvements. (b) To offer to dedicate said Improvements to the City upon completion thereof. (c) To maintain the Improvement Areas and all Improvements thereto for a period of one (1) year after completion thereof so as to ensure that the landscaping has become established and the other Improvements function prop- erly prior to the acceptance of the aforesaid offer of dedi- cation by the City. (d) To consent to the establishment of a maximum annual assessment for the proposed landscape maintenance assessment, district in an amount reasonably determined to cover all costs and expenses incurred for the continued maintenance, operation and servicing of the Improvement Areas, and the Improvements thereto, for the applicable fiscal year. (e) To furnish, at no cost to the City, all land- scape archite-ct., civil erngi nee rincl and legal services neces- nary tot r hc• preparation of any reports , plans , speci f i - cations and other documents required for the formation of the landscape maintenance assessment district (including, but not limited to, a "Master Plan and Design Development Report," engineer's report pursuant to Sections 22565 through 22574, inclusive, of the California Streets and Highways Code, and City resolutions and/or ordinances per- taining thereto). 4. Griffin hereby requests that the formation of the proposed landscape maintenance assessment district and Grif- fin's proposal set forth hereinabove satisfy the aforesaid condi- tion for approval of the recordation of the final tract maps as referenced in paragraph C of the recitals hereinabove. DATED: GRIFFIN HOMES - MOORPARK, a general partnership BY: GRIFFIN DEVELOPMENT CO., a California corporation A General Partner 4 President LANDSCAPE ASSESSMENT DISTRICT AD 83 -1 EXWIBIT 'A' 4 SCALE 1 "- ISO R 29 85 /1 r Y N J JA N � - / i d OC d O 0 i 0 Z 4 Q Q Q Q n W Q W i LEGEND ?MINTGNANCG AREA • TREE WALL PARK AND ISLAND MLOIANS LZZJ R6`TURN 1AAlt4rCNANC% AREA - S89'S1' ;O "6 Sjtir SO'Oz,u w 30.00 LOS ANGCA_ES ANr-NUG S84'S7'•S+O•E 827 36' 14 K ' 19 hU64TINGALU 5 1fRC6T " 1'L 14 10 w 6e 67 66 /S K 63 6L •1 a0 i9 _ 11 b 77 >• 9 7t se g 40 l) �7 06 •r 1e St. •_ a1 6 86 u 11 SS W es az 7 10 4L 5a 47 A 16 84 4 5 SS ( )1 44 I 3 7 17 as ra SS Q 2 Q l8 r 77 S1 AS so 4f. - 8o at of 43 96 96 17 I COURN6Y LAND 4e A9 176 121 IL2 p7 106 1015 104 105 lot lol loo 19 'S 171 1T7 Ito 12'1 174 ITS 11v ItA 173 1 nv 125 t47 Me 149 150 Oz tw I'µ I•e 151 ITI llT 126 161 if1 14S 152 116 R7 O Its 12b )44 15S 169 u loll O 1�4 U It? 141 ISa 168 W �117 44 'P 113 0 Iw 14L 155 167 166 LD ' O 152 140 157 16S I Ln IIU 11 IS) 151 158 164 � _•se 1oq I)a WS let 156 1)T Ile 154 160 161 -.I 90 l62 1 191 NARVG_ST6R 57 R66T N89'S7,;W W H4•S1'30 "w 580.27�j��/��� /i 1 nl0•la'SO'W RAD �� Q�27.00L,42.4a' 12�SS.SOL- 1219 " 1 R.Ha.SO'L- 13261' 4'o'6 3'O;' A- N I W A 2 :30'CgA) STATE OF CALIFORNIA COUNTY OF VENTURA SS. CITY OF MOORPA R K ) h Doris D. Rankiis_ City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. 33 -43 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 5rh day of October , 19 83 , and that the same was adopted by the following vote, to wit: AYES: Councilmembers Harper, Beaulieu, and Prieto; NOES: None ; ABSENT: None; ABSTAIN: Councilmember Straughan and Mayor Yancy - Sutton. WITNESS my hand and the official seal of said City this 5 th day of . October , 19 83 i CITY CLERK (SEAL)