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HomeMy WebLinkAbout2007-012 RESOLUTION NO. 2007-012 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, TO ACCEPT THE OFFERS OF DEDICATION, AND NOT ACCEPT MAINTENANCE, IN ORDER FOR THE BENEFIT ASSESSMENT DISTRICT AND LANDSCAPE AND LIGHTING DISTRICT TO PAY FOR MAINTENANCE OF THE PUBLIC IMPROVEMENTS (APPLE VALLEY) WHEREAS, The City Council previously approved Tentative Tract Map 2002-0026, a 70-unit single-family residential development on a 28-acre site between Del Rio Road and Conejo Road, one block West of U.S. Highway 101, and; WHEREAS, The conditions of this development project included a public park, public road improvements, storm drain facilities, sanitary sewer facilities, common area landscaping, trails and other related public improvements, and; WHEREAS, The project developer, Midland Pacific Building Corporation, has completed all of the required public improvements, per the Conditions of Approval for Tentative Tract 2002-0026 (Tract 2495); and, WHEREAS, A Benefit Assessment District and a Landscape and Lighting District were created to allow the property owners to fund the maintenance of Tract 2495 public improvements, as required by the project conditions of approval; and, WHEREAS, the City Council must first Accept the Offers of Dedication, and not accept maintenance, in order for the Benefit Assessment District and Landscape and Lighting District to pay for maintenance of the public improvements. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero SECTION 1. The City Council Accepts the Offers of Dedication on Final Map 2495 for: a. Streets b. Public Pedestrian Access Easements c. Public Landscape Easement d. Public Utility Easement e. Public Drainage Easement f. Public Sewer Easement g. Lots 71, 72 and 73 Resolution No. 2007-012 City of Atascadero Page 2 of 2 SECTION 2. The City Council does not accept maintenance of the public or private improvements of Tract 2495. The maintenance will be funded by the property owners in Tract �rr.r 2495 through a Benefit Assessment District and a Landscape and Lighting District. On motion by Council Member Clay and seconded by Council Member O'Malley, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Beraud, Brennler, Clay, O'Malley and Mayor Luna NOES: None ABSENT: None ADOPTED: April 10, 2007 C4Y OF ATAS ADERO By: /Dr. George Luna,Mayor ATTEST: _1 z � J Marcia McClure Torgerson, C.M.C., City Clerk APPRYED AS,� Ff�RM: Patrick L. Erb t, City Attorney