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Resolution Number 81-7-21-5RESOLUTION NO. 81-7-21-5 MEREDITH CANYON SLOPE DISTRICT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 81-3-17-1 AND ORDERING THE FORMATION OF MEREDITH CANYON SLOPE DISTRICT FOR TRACTS 8087 AND 8319 I 84 WHEREAS, on March 17, 1981, the City Council adopted Resolution No. 81-3-17-1, ordering the formation of a Geologic Hazard Abatement District for all of Tracts 8087 and 8319; and, WHEREAS, subsequent thereto Petitioners for the aforesaid formation informed the City Council that they had not intended to include a portion of Tract 8087 within District boundaries and that the inclusion thereof was due to mistake, misunderstanding and inadvertance; and, WHEREAS, Petitioners have, accordingly requested that the City Council reconsider their original petition for formation of a Geologic Hazard Abatement District; and, WHEREAS, a petition for the reconsideration signed by landowners owning more than ten percent (10%) of the assessed valuation of all of the real property located within Tracts 8087 and 8319, was received by the City of San Juan Capistrano on May 6, 1981; and, WHEREAS, a hearing upon said petition was duly set for Tuesday, July 7, 1981, at which time written objections to the formation and a plan of control were received; and, WHEREAS, the City Council has found and determined that written protests to the formation represented less than fifty percent (50%) of the total assessed valuation for Tracts 8087 and 8319; and, WHEREAS, the aforesaid meeting of July 7, 1981, was continued to July 21, 1981; and, WHEREAS, the City Council has reviewed the petition for reconsideration and the plan of control and has determined that a geologic hazard abatement district should be formed pursuant to Division 17 of the Public Resources Code for the purpose of prevention, mitigation, abatement, or control of a geologic hazard within all of Tracts 8087 and 8319. -1- NOW, THEREFORE, BE IT RESOLVED THAT: 1. Formation: A geologic hazard abatement district to be known as the MEREDITH CANYON SLOPE DISTRICT be and is hereby formed within the territory described as: Tract 8087, recorded in Book 331, Pages 27 through 32, inclusive of Miscellaneous Maps of the County Recorder, County of Orange, and Tract 8319, recorded in Book 331, Pages 15 through 18, inclusive of said Miscellaneous Maps. The aforesaid District shall be divided into Subdistricts A and B with attendant obligations and responsibilities as are set forth and described in Exhibit "A", attached hereto. 2. Board of Directors. The City Council shall be appointed as the initial members of the Board of Directors of said District for a term of four (4) years. 3. Notification to State of California. The City Council declares that it is subject to the provisions of Division 17 of the Public Resources Code and authorizes and directs the City Clerk to send a certified copy of this Resolution to the State Controller. PASSED, APPROVED AND ADOPTED this 21st day of July 1 1981 , by the following vote, to wit: AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer and Mayor Schwartze NOES: None ABSENT: None PHILLIP R. SCHWARTZE, MAYOR ATTEST: J CITY CLE -2- STATE OF CALIFORNIA ) ]` COUNTY OF ORANGE ) ss. 8J CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 8i�, adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 21st day of July 1 1981 - (SEAL) MARY ANN r OVER, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) and says: AFFIDAVIT OF POSTING MARY ANN HANOVER, being first duly sworn, deposes That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 79-2-21-7 and on the 24th day of July 1981 , she caused to be posted: RESOLUTION NO. 81-7-21-5 being: MEREDITH CANYON SLOPE DISTRICT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 81-3-17-1 AND ORDERING THE FORMATION OF THE MEREDITH CANYON SLOPE DISTRICT FOR TRACTS 8087 AND 8319 in three (3) public places in the City of San Juan Capistrano, to wit: The Administration Building; The San Juan Hot Springs Dance Hall; The Orange County Public Library. MARY ANNVEIZ, City Clerk San Juan Capistrano, California -3- EXHIBIT "A" MEREDITH CANYON SLOPE DISTRICT The subdistricts within the Meredith Canyon Slope District shall consist of the listed lots and have the fiscal responsibilities to the District as indicated herein. SUBDISTRICT A properties are defined as those lots in Tracts 8087 and 8319 not being traversed by easements owned by the Meredith Canyon Homeowner's Association for the purpose of.slope and landscape maintenance. These properties shall each be responsible for 1/186 of the costs of landscape maintenance of slopes maintained by the District and 1/186 of the cost of repair of damaged slopes on properties owned by the Meredith Canyon Homeowner's Association. Where and when the District expends funds held by District for slope repairs, each property in SUBDISTRICT A shall then be responsible for 1/186 of the cost of repair of damaged slopes on properties owned by the Meredith Canyon Homeowner's Association in excess of the contribution made by District. SUBDISTRICT A Lots Tract Lots 8087 37, 38, 48, 49, 53, 60-76, 79-81, 95-96, and 108-118 8319 1-22, 30-32, 43, 49, 50-53, and 64-65 NOTE: (60-76) means lots 60 through 76 inclusive -4- i EXHIBIT "A" MEREDITH CANYON SLOPE DISTRICT SUBDISTRICT B properties are defined as those lots in Tracts 8087 and 8319 which are traversed by easements owned by the Meredith Canyon Homeowner's Association for the purpose of slope and landscape maintenance. These properties shall each be responsible for 1/186 of the costs of landscape maintenance of slopes maintained by the District, 1/186 of the cost of repair of damaged slopes on properties owned by the Meredith Canyon Homeowner's Association, and the cost of repair of slope damages on the property itself. Where and when the District expends funds held by District for slope repairs, each property in SUBDISTRICT B shall then be responsible for 1/186 of the cost of repair of damaged slopes on properties owned by the Meredith Canyon Homeowner's Association in excess of the contribution made by District. Further, cost of repair of damage to slopes on individual properties in excess of such contribution by the District shall be borne soley by that property. SUBDISTRICT B Lots Tract Lots 8087 1-47, 50-52, 54-59, 77, 78, 82-94, and 97-107 8319 23-29, 33-42, 44-48, 54-63, and 66-68 NOTE: (1-47) means Lots 1 through 47 inclusive -5-