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Resolution No. 23-1399 <br /> Page 2 of 3 <br /> SECTION 4. Landscaping, including trees, shrubs and irrigation system all as delineated <br /> on the landscape and irrigation plans for Tract 5256 (Phase III Landscape Maintenance District <br /> 1984-1) and Tract 4986 (Arroyo de la Laguna Improvements). <br /> Said improvements are within the following areas: <br /> North of Corte de Flores on the west side of Paseo Santa Cruz approximately 160 feet long by 6 <br /> feet wide, and north of Corte Pacifica on the east side of Paseo Santa Cruz approximately 1,370 <br /> feet long by 6 feet wide. <br /> SECTION 5. The assessments are in compliance with the provisions of the Act and <br /> Article XIII D of the California Constitution, and the City Council has complied with all laws <br /> pertaining to the levy of annual assessments pursuant to the Act and Article XI II D of the California <br /> Constitution. <br /> SECTION 6. Reference is hereby made to the Report for a full and detailed description <br /> of the improvements, the boundaries of the District and the proposed assessments upon <br /> assessable lots and parcels of land within the District. The Engineer's Report as a whole and each <br /> part thereof, to wit: <br /> i. the Engineer's estimate of the itemized and total costs and expenses of <br /> maintaining the improvements and of the incidental expenses; <br /> ii. the diagram showing the assessment district, plans and specifications for the <br /> improvements to be maintained and the boundaries and dimensions of the <br /> respective lots and parcels of land within the District; and <br /> iii. the assessment of the total amount of the cost and expenses of the proposed <br /> maintenance of the improvements upon the several lots and parcels of land in the <br /> District in proportion to the estimated special benefits to be received by such lots <br /> and parcels, respectively, from the maintenance, and of the incidental expenses <br /> are finally approved and confirmed. <br /> SECTION 7. Final adoption and approval of the Engineer's Report as a whole, and of <br /> the plans and specifications, estimate of the costs and expenses, the diagram and the <br /> assessment, as contained in the Report as determined and ordered, is intended to and shall refer <br /> and apply to the Report, or any portion as amended, modified, or revised or corrected by, or <br /> pursuant to and in accordance with, any resolution or order, if any, duly adopted or made by this <br /> Council. <br /> SECTION 8. The assessment is hereby levied to pay the costs and expenses of the <br /> maintenance of the improvements for fiscal year 2023/24. <br /> SECTION 9. Based on the oral and documentary evidence, including the Engineer's <br /> Report, offered and received at the hearing, the City Council expressly finds and determines that: <br /> (a) each of the several lots and parcels of land will be specially benefited by the maintenance of <br /> the improvements at least in the amount if not more than the amount, of the assessment <br /> apportioned against the lots and parcels of land, respectively; and (b)there is substantial evidence <br /> to support the finding and determination as to special benefits. <br />