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Ordinance Number 408J ORDINANCE NO. 408 FORMATION OF LANDSCAPE MAINTENANCE DISTRICT - TRArT 7654 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, FORMING AN OPEN SPACE MAINTENANCE DISTRICT FOR TRACT 7654 THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. District Boundaries. The district boundaries are contained within Tract 7654 designated and described within Exhibit "A", "Open Space Maintenance District Boundaries Description" attached hereto and made a part of. SECTION 2. Formation of District Boundaries. The open space maintenance district as described in Section 1 herein is hereby formed in accordance with the California Government Code, Sections 50575 through 50628, inclusive. SECTION 3. Annual Assessments. a. The annual assessment that may be levied shall not exceed the limit of Section 50612 of the California Government Code. The annual assessments indicated in Section 4 of Ordinance No. 406 of the City of San Juan Capistano reflect the unimproved assessed valuations of the properties contained within the district and shall not be applicable upon adjustment of said assessed valuations. b. The cost and expense of performing the maintenance promulgated herein shall be paid by annual assessments upon the properties within the district. C. The owner, and/or developer of Tract 7654, specified in the preliminary reports approved by the City Council on April 16, 1980, have agreed to, and shall: (i) give written notice to each purchaser of any lot within the "District Boundaries" that an Open Space Maintenance District has been created and the probable annual assessment to be imposed upon each such lot; (ii) reimburse the district for any fiscal loss incurred due to the assessed valuations of said properties not being adjusted to reflect their full improvements. This obligation shall be in effect for one calendar year from the date of commencement of maintenance operations by the district. SECTION 4. Areas to be Maintained by the District. The areas to be maintained by the district are designated and described within Exhibit "B", "Areas to be Maintained by the District" attached hereto and made a part of. -'1- SECTION 5. Maintenance to be Performed. The maintenance described in Section 3 of Ordinance No. 406 of the City of San Juan Capistrano shall be performed by the District. The maintenance operations shall commence at the time that landscaping improvements are accepted and the grading bond is released for Tract 7654. SECTION 6. Effective Date. n This Ordinance shall take effect and be in force thirty (30) days after its adoption. SECTION 7. Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause same to be posted in the duly designated posting places within the City of San Juan Capistrano within 15 days after its passage. PASSED, APPROVED AND ADOPTED this 2nd day of July 1980, by the following vote, to wit: AYES: Councilmen Friess, Schwartze, Buchheim and Mayor Hausdorfer NOES: None ABSENT: Councilman Thorpe STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as. 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 Ordinance No. 408 , which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on June 16 1 1980, and adopted at a meeting held on July 2 , 13$6—. (SEAL)e ,✓�/4�r/ 'MARY ANN VER, CITY CLERK d= RXPTRTT "A" OPEN SPACE MAINTENANCE DISTRICT BOUNDARY DESCRIPTION All of Tract 7654 exclusive of Lots A, B, and D as shown on a map recorded in Book 441, pages 6 through 12, inclusive, of Miscellaneous Maps, Official Records of Orange County, California. The unnumbered lot at the southeast corner of the intersection of La Novia and San Juan Creek Road which borders Lots 1, 2, 3 and 4 of said tract on the east. EXHIBIT "B" AREAS TO BE MAINTAINED BY THE DISTRICT The remanufactured slopes within Lots 47 through 55, inclusive, and within Lot 58 of said tract and the slope areas within Lots 33 through 42, inclusive, and within Lots 45 and 46. The remanufactured slopes along the southerly and westerly boundaries of said tract lying within Lots 12 through 19, inclusive. The sloping area on the southeast corner of San Juan Creek Road and La Novia bordered by Lots 1, 2, 3, and 4 of said tract on the east, La Novia on the west, San Juan Creek Road on the north and Camino La Ronda on the south.