HomeMy WebLinkAboutRES CC 1984 065 1984 0118RESOLUTION NO. 84 -65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, DECLARING ITS INTENTION
TO INITIATE PROCEEDINGS FOR THE FORMATION OF THE
"MOORPARK LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT NO. AD- 84 -1 ", AN ASSESSMENT DISTRICT TO BE
ESTABLISHED PURSUANT TO THE "LANDSCAPING AND
LIGHTING ACT OF 1972"
WHEREAS, Griffin Homes - Moorpark, a general partnership
(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 75, inclusive of TR 2851 as shown on
a map recorded on November 7, 1980 in book 89,
pages 43 to 48, inclusive of maps in the office of the
County Recorder (hereinafter the "Property "); and
WHEREAS, Griffin intends to develop the Property as a multi -phase
residential planned unit development. (hereinafter the "project "); and
WHEREAS, as a condition for approval of the recordation of the
aforesaid final tract maps, the County of Ventura, as the predecessor of the
City of Moorpark, and the City of Moorpark required that certain street
median along Campus Park Drive, that certain landscape areas along Campus
Park Drive contiguous and to the rear of lots 33 to 50 and Lot 73; landscape
area along the County of Ventura Flood Control easement to the rear of
Lots 1 to 15 and side yards for lots 22 - 23 and 61 - 62 (as more particularly
shown on exhibit "A" attached hereto) (hereinafter the "Improvement Areas "),
be improved with landscaping and related improvements to a standard
acceptable to the County of Ventura, and the City of Moorpark, that Griffin
maintain the Improvement Areas for a period of twelve (12) months after the
landscaping and related improvements 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 by the
reasonable satisfaction of the County of Ventura; and
WHEREAS, Moorpark became an incorporated City on July 1, 1983
and has succeeded to the interest of the County of Ventura; and
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 Improvement Areas and maintain same for a period of twelve
(12) months, and has requested the City to form a landscape maintenance
assessment district to provide for the continued maintenance, operation and
servicing of the Improvement Areas, and all improvements thereto. A copy
of the Petition is attached hereto as Exhibit "B "; and
-1-
WHEREAS, this Council desires to initiate proceedings 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 seq. , 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 improvements
thereto, and to provide for the payment of all costs and expenses incurred
for such maintenance, operation and servicing;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MOORPARK DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER
AS FOLLOWS:
SECTION 1. Initiation of Proceedings to Form Assessment District.
Pursuant to Section 22855 of the Streets aim -Highways r oe ool t e 'tate of
California, this Council hereby proposes to form, and does initiate proceedings
for the formation of, a landscape maintenance assessment district 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 seq. , of said
Code, to provide for the continued maintenance, operation and servicing of
the Improvement Areas, and all improvements thereto as defined in paragraph
2 hereinbelow, and to provide for the payment of all costs and expenses
incurred for such maintenance, operation and servicing.
SECTION 2. Description of Improvements. The improvements
to the Improvement Areas shall include such F nZiscaping, irrigation equipment
and related improvements as set forth in a "Master Plan and Design Develop-
ment Report" to be prepared at Griffin's sole cost and expense, subject to
approval by the City.
SECTION 3. Description of Proposed Landscape Maintenance
Assessment District. To ensure tliat the costs and expenses ot 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 2851.
SECTION 4. Distinctive Designation. The distinctive designation
for the proposed assessment district to be e orme pursuant to this Resolution
shall be "Moorpark Landscape Maintenance Assessment District No. AD -84 -1"
SECTION 5. Preparation of Engineer's Report. The City Manage-c-
is hereby directed to engage the services of a duly licen—s-eu civil engineer to
prepare and file with this Council, within thirty (30) days hereof, a report
prepared pursuant to the provisions 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
WA
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.
SECTION 6. Certification of Adoption. The City Clerk shall
certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 18th day of January ,
m
ATTEST:
a r o t oorpar
a rnia
-3-
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.
CITY OF MOORPARK )
I, Doris D Rankus , City Clerk of the City of
Moorpark, California, do hereby certify that the foregoing
Resolution No. &4.6_5 was adopted by the City Council of the City of
Moorpark at a regular meeting thereof held on the lib day of
January , 1954 , and that the same was adopted by
the following vote, to wit:
AYES: Councilmembers Straughan, Harper, Beaulieu,
and Mayor Pro -tem Prieto;
NOES: None;
ABSENT: None;
ABSTAIN: Mayor Yancy- Sutton.
WITNESS my hand and the official seal of said City this 18th
day of January , 1984
CITY CLERK
ASSQSS>MENT DISTRICT
EXU(BIT 'A
z 0�
'17
4
594_
S L
N,,,
Z,?
26
DRIVE
-7
27 -73'tV I
-10
167 ',",.,, 6 5 'tr' 9
ig G 6 64. GS GG ! 69
;.GZ GS
2c
0
Z I SO
24 52
116! Go 159 53 57 156 55 54
2- 23 — - - - - - - - - -
COURT
25 5 36 -7 -66 39 !40 41 4Q 4-3 46 47 45 49r J
4A
-�Z2
CAMPLIS PIN, R
26:
PE'I iTTON
A PI ?.I' FTION TO TUN CT.TY COUNCT 1, OI -' '11M: C ('1'Y OF MOOPI)ARK,
COUN'T'Y OF VENTURA, STATE OF CALIFORNIA, PETITIONING
SAID COUNCIL TO INITIATE PROCEEDINGS FOR THE FORMATION
OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT TO BE
ESTABLISIII-,D PURSUANT TO TIII "LANDSCAPING AND LIGIPTING
Acr OF 1.972" AS S1, 71' FOR 111 -1 -N PAPT 2 (k' D IV FS-1 ON 15
(SECTION 22500 et seq.) OF THE STRE'PI'S AND IIIGHWAYS
CODE OF T11E STATE OF CALIFORNIA.
W I T N E S S E T H
A. WHEREAS, Griffin Homes - Moorpark, a general partnership
(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 75, inclusive of TR 2851 as shown on
a map recorded on November 7, 1980 in book 89, pages
43 to 48, inclusive of maps in the office of the
County Recorder (hereinafter the "Property ").
B. WHEREAS, Griffin intends to develop the Property as a mutli-
phase residential planned unit development (hereinafter the "Project "):
C. WHEREAS, as,a condition of approval of the recordation of the
aforesaid final tract maps, the County of Ventura, as the predecessor of the City
of Moorpark, and the City of Moorpark required "that certain street median along
Campus Park Drive, that certain landscape areas along Campus Park Drive contiguous
and to the rear of lots 33 to 50 and lot 73; landscape area along the County of
Ventura Flood Control easement to the rear of lots 1 to 15 and side yards for lots
22 -23 and 61 -62 (as more particularly shown on exhibit "A" attached hereto) (here-
inafter the "Improvement Areas "), be improved with landscapinq and related improve-
ments to a standard acceptable to the County of Ventura, and the City of Moorpark,
EXHIBIT B
that Griffin maintain the Improvement N-eas for a peri_oci of twelve (12) months
after the landscaping and related irq-)roveiients have Leen installed, and that a
mans for assuring the continued maintenance, operation and servicing of the
Improvement Areas, and all improvements thereto, be established to the reasonable
satisfaction of the County of Ventura:
D. WI- IEREAS, Moorpark became an incorporated City on July ]_,
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 California, 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 maintenance assessment district.
NOW, THEREFORE, in furtherance of the foregoing recitals, Griffin
does hereby petition the Council as follows:
1. Griffin hereby requests that the City form a landscapx,
maintenance assessment district 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, consisting of
all of the lots within the Property to assure the continued maintenance,
operation and servicing of the Improvement Areas (and all improvements
thereto) and the payment of all costs and expenses incurred for such maint-
enance, operation and servicing.
2. As the sole owner of all of the real property to be
initially included within the proposed landscape maintenance assessment
district, Griffin hereby waives all statutory hearings of objections
and protests by interested property owners to the formation of said
district.
3. In considcrati_on for Lhc o(- L1ic prolx)sed
landscape maintenance assessment district by the City, Griffin hereby
proposes as follows:
(a) To improve the Improvement Areas with such land-
scaping, irrigation equipment and related improvements as set
forth in a "Master Plan and Design Development Report" 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 installing 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 properly prior to the acceptance
of the aforesaid offer of dedication 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 aril servici.ncj of
the Improvement Areas, and the Improvements thereto, for the applicable
fiscal year.
DATE]
(e) 'In furnish, at no cost to I1he City, gill landscape
architect, civil engineering and legal services necessary for
the preparation of any reports, plans, specifications and other
documents required for the formation of the landscape maintenance
assessmenL district (includin(7, htiL trot limited Lo, a "Master
Plan and Dcsi_(jn 1Xve1_opment l:c��x>>-t," cwiinccr's report tc)
Sections 22565 through 22574, inclusive, of the California Streets
and Highways Code, and City resolutions and /or ordinances pertaining
thereto).
4. Griffin hereby requests that the formation of the proposed
landscape maintenance assessment district and Griffin's proposal set
forth hereinabove satisfy the aforesaid condition for approval of the
recordation of the final tract maps as referenced in paragraph C of the
recitals hereinabove.
GRIFFIN HOMES - MOORPARK
a general partnership
BY: GRIFFIN DEVELOPME'N'T' CO.
a California Corporation
A General Partner
BY:
FRic rd A. Niec
s: Vice President,.Director
/
of Land Development
G
L)�ND.5CAP9 ASSQS>SMF--NT DIGTRIICT
�7-XWIE51T'A Z,\
0
CIL
14
14
/I
0
26
DRIVE
8 Iii F-7
19 ZG G 2 63 64 GS GG 67
20 Z5 o . ........
SO
51
1 21 24
Lij ii Gi I ro i 59 58 i 57 156 55 5 4 j 53
N 5244'5?)"E
23 1
-----------
.R -540 26
4Z 43 44 4 s, 46 47 4E3 49
31 35 3e 40 41
37 -6 5 39 1
-7- r-7
N 5 9
CAMPUS PAR" pRN