HomeMy WebLinkAboutReso 2007-078 - Hope Lane Subdivision
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2007-0024530
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03:56PM 24-May-2007 I Page 1 of 5
Recorded
Official Records
County of
Shasta
Leslie Morgan
Assessor-Recorder
RECORDING REQUESTED BY:
CITY OF REDDING
WHEN RECORDED RETURN TO:
CITY OF REDDING
CITY CLERK'S OFFICE, 3RD FLOOR
777 CYPRESS AVENUE
REDDING, CA 96001
THE AREA ABOVE IS RESERVED FOR RECORDER'S USE
Resolution No. 2007-78,
Sanitary Sewer Maintenance District SSMD-I-07
"Separate Page" pursuant to Government Code ~27361.6
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RESOLUTION NO. 2007 - 78
SANITARY SEWER MAINTENANCE DISTRICT SSMD-I-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING:
(1) CONFIRMING THE MAPS OF THE ASSESSMENT DISTRICT AND
APPROVING THE ENGINEER'S REPORT
(2) ORDERING THE FORMATION OF TERRITORY INTO A
SANITARY SEWER MAINTENANCE DISTRICT TO BE KNOWN AS
SANITARY SEWER MAINTENANCE DISTRICT SSMP-I-07.
(3) ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS IN
SANITARY SEWER MAINTENANCE DISTRICT SSMD-I-07 FOR
FISCAL YEAR 2007-08 PURSUANT TO THE IMPROVEMENT ACT
OF 1911.
WHEREAS, on January 25,2005, the City of Redding Planning Commission approved Tentative
Subdivision Map S-12-03, Hope Lane Subdivision; and
WHEREAS, Condition 24 of the Tentative Map requires that the maintenance and operation of the
sanitary sewer lift station be borne by the property owners; and
WHEREAS, on April 8, 2007, the subdivider, Epick Homes-Bella Vista 6, L.P., signed and
delivered to the City a petition for the formation of territory encompassing the Hope Lane
Subdivision into a sanitary sewer maintenance district; and
WHEREAS, the Petition is attached (Exhibit A) and incorporated herein; and
WHEREAS, Streets and Highways Code Section 5821.3 provides that if an ordinance requires the
installation of a sewer, drainage, or streetlighting system by a subdivider, a resolution may be
adopted which provides that the territory owned by the subdivider comes under the terms of said
ordinance and may order that the territory be formed into an assessment district without notice and
hearing; and
WHEREAS, the subdivider owns all the property which is proposed for formation into a sanitary
sewer maintenance district, Redding Municipal Code Sections 17.38.010, 17.38.020, 17.38.060, and
17.38.090, collectively, serve to require the installation of improvements by the subdivider, and the
territory to be formed into a sanitary sewer maintenance district falls within the scope and application
of said ordinances; and
WHEREAS, the City Engineer has filed the Engineer's Report with the City Clerk, setting forth a
full and detailed description of the improvements, the boundaries ofthe proposed assessment district
and the proposed assessments upon assessable lots and parcels of land within the proposed
assessment di~trict;
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NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council ofthe City of Redding
as follows:
1. That the foregoing recitals are true and correct.
2. The City Council hereby approves the Engineer's Report, as filed with the City Clerk, and
thereby confirms and adopts the maps of the assessment district contained in the Engineer's
Report.
3. The City Council finds that the Engineer's Report has fairly and properly apportioned the costs
of the improvements to each lot/remaining parcel of land in the district in proportion to the
estimated benefits to be received by each lot/remaining parcel ofland from the improvements.
4. The territory within the maps of the assessment district set forth in the Engineer's Report is
hereby formed into an assessment district under the Improvement Act of 1911, Chapter 26,
Maintenance Districts (Streets and Highways Code Section 5820, et seq.) to be hereafter
known as Sanitary Sewer Maintenance District SSMD-1-07.
5. Only costs for maintenance and repairs to the sewer lift station, including electric and water
charges; replacement of pumps, force mains and appurtenances; maintenance of any buildings
or structures housing sewer lift station facilities; other improvements to remove or cover
graffiti; administrative costs; and such other maintenance and incidental expenses as are
authorized by Streets and Highways Code Sections 5821 will be assessed. Pursuant to
Government Code Section 53739, the amount of each fiscal year's assessment shall be adjusted
for inflation in an amount not to exceed that provided by the "20 Cities Construction Costs
Index" from the most recent March Engineering News Record and shall become effective
July 1, 2007, and every July 1 thereafter.
6. An assessment of $329.32 against each developable lot/remaining parcel located within the
District for Fiscal Year 2007-08 is adopted and confirmed, except that an assessment shall not
be levied on property owned by a Federal or State governmental agency or another local
agency.
7. The City Clerk shall forthwith transfer to the Auditor-Controller and the Assessor-Recorder
of Shasta County a certified copy of this resolution and a certified copy of the assessment
district maps contained in the Engineer's Report for Sanitary Sewer Maintenance District
SSMD-1-07.
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I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular
meeting of the City Council on the 15th day of May, 2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bosetti, Jones, Murray, Stegall, and Dickerson
None
None
None
c{l,L ~
DICK DICKERSON, Mayor
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ATTEST: .:' (' ) .; "
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APPROVED AS TO FORM:
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SANITARY SEWER MAINTENANCE DISTRICT 1-07
PETITION AND CONSENT FOR THE FORMATION OF TERRITORY INTO A
SANITARY SEWER MAINTENANCE DISTRICT AND THE LEVY AND COLLECTION
OF ASSESSMENTS THEREIN PURSUANT TO THE IMPROVEMENT ACT OF 1911
To: Honorable Mayor and City Council of the City of Redding, California
The undersigned, being all of the owners ofland as shown on the last equalized County assessment
roll, or entitled to be shown as owners on the n~xl County assessment roll, or, where any of said
property is subject to a recorded written agreement of sale, are shown therein as purchaser, of all of
the territory more particularly described as: . .
AU of the Hope Lane Subdivision, Units 1 & 2, Ix.'ing Shasta COWlty Assessor's Parcels
073-520-001 through 023
do hereby petition for and consent to the formation of said territory into a sanitary sewer maintenance
district and to the levy and wl1ection of assessments therein pursuant to the Improvement Act 1911,
Division 7 (commencing with Section 5000), of the Streets and Highways Code of the State of
California, for the maintenance of impmvement~ and service, together with any and all incidental
expenses in 'connection therewith, all as more particularly authorized pursuant to said Act .We
further petition for and consent to the Cotmcil's conduct of said proceedings without notice and
hearing and without the filing of an engineer's report, all in accordance with saidAct and especially
Section 5821.3 thereof.
We :further consent to maintain the sanilary sewer until the lot assessments are levied and collected
for the district.
Respectfully submitted,
PARTNERSHIP:
ista 6, L.P.,
California Limited Partnership
By: ~ C {tI"''''''I'~ot By:
. ~. ~d-L< ,P_~
Date: f/~ Date:
r--' Partner
Exhibit A