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HomeMy WebLinkAboutRES 2002-08 - Board TRUCKEE DONNER Public Resolution No. 2002-08 PROVIDING FOR THE EXEMPTION OF COMMON AREA PARCELS FROM THE ASSESSMENT UNDER THE DONNER LAB$ ASSESSMENT DISTRICT WHEREAS the TDPUD (the "District") formed the Donner Lake Assessment District (the "Assessment District") pursuant to Resolution Number 2001-09, adopted by the District on May 2, 2001,for the purpose of funding the acquisition and rebuilding of the Donner Lake water system,as defined in said resolution; and WHEREAS the method of assessing parcels of land within the Assessment District provides for an assessment to all parcels which benefit from the acquisition, rebuilding and service of water within said District, which parcels are developed or have the potential of development thereon; and WHEREAS certain parcels within the Assessment District have been restricted such that there shall never be any improvement nor occupancy thereon nor the requirement of water service, whatsoever; and WHEREAS the District wishes to adopt a process by which such parcels of land that will never be improved nor occupied may be exempted from assessment for the acquisition and rebuilding of the Donner Lake water system; and WHEREAS the Board of Directors of the District desires to establish a policy defining the terms and conditions under which a parcel of land may be considered for exemption, and exempted from the assessment; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE DISTRICT THAT THE FOLLOWING POLICY IS ADOPTED: DONNER LAKE ASSESSMENT EXEMPTION POLICY A. COMMON AREA EXEMPTED FROM ASSESSMENT 1. A parcel of land within the Donner Lake Assessment District,which is or has been restricted such that it (i) meets the definition of"Common Area" as set forth herein, and (ii) meets the other requirements and conditions set forth herein, shall not be assessed by the Assessment District. 2. A parcel of land, sought to be exempted from the assessment, must be dedicated and restricted, pursuant to a declaration of covenants,conditions or restrictions,deed restriction or other declaration, in a form and content acceptable to District, enforce ably setting forth that said parcel is and shall be dedicated and restricted so as to meet the definition of Common Area, as hereinafter defined. 1 r F° B. "COMMON AREA" DEFINED 1. Common Area shall be defined as any parcel of land that is either(a)owned and controlled, for the common use and enjoyment of association members, by a duly formed and existing homeowners'association or property owners'association,which association(i)is formally and duly organized as a nonprofit mutual benefit corporation, and(ii)consists of owners within a duly formed and existing association which contained not less than three(3) contiguous unimproved parcels at the time the association was formed; or (b) owned and controlled by a duly formed and existing homeowners' association or property owners' association and is subject to a "scenic restriction" and/or "open space easement" as defined in section 421 of the California Revenue & Taxation Code. 2. Common Area shall be further defined to consist of a lot or parcel of real property which has a unique identity for tax purposes, such as its own Assessor's Parcel Number("APN"), separate from other lots or parcels. The use of a Common Area shall not include any professional or commercial activity of any kind or nature, including rental of the Common Area to any person,group, or entity for any purpose. The use of a Common Area, and the improvements which may be made thereon, shall be limited to the following uses and improvements, which may be permitted by another agency, and none of which shall ever be connected to any water system nor require water service: (a) Paths or walkways for pedestrians, equestrians, and bicyclists, whether paved or unpaved,which shall not exceed six(6)feet in average width, and uses associated with such paths or walkways; (b) Picnic tables and uses associated therewith; (c) Security fences; (d) Steps leading to beach areas, and use of the Common Area for beach access and beach use; (e) Gazebos and other non-enclosed or partially enclosed structures, not exceeding 100 square feet in floor area, and uses associated with such structures; (f) Docks extending into Donner Lake, and uses associated therewith. (g) Paved or unpaved driveways and parking. C. APPLICATION FOR EXEMPTION 1. Any homeowners'association or property owners'association which(i)owns and controls a parcel, (ii) meets the aforementioned definitions and criteria, and (iii)desires to be exempt from the levy of an assessment for a parcel which it owns or controls, shall make application to the General Manager of the District in the form and content approved by the General Manager. Said application shall include, at minimum: (i) a current preliminary title report as to each and every parcel of real property sought to be exempted,together with any and all items noted as an exception of record,as reflected by said preliminary title report; (ii) a copy of any recorded restriction then in existence meeting the aforementioned definitions and criteria; (iii) the proposed restrictions upon which the application is based; and (iv)such further documents as the General Manager may deem necessary or advisable for purpose of consideration of the application. The General Manager shall submit the matter to the Board of Directors for approval or rejection at a regular or special meeting. 2. Any approval by the Board of Directors of an application for exemption from assessment shall be subject to the further condition that each and every owner of record shall join in any declaration of restriction, or other instrument, restricting the parcel(s)as Common Area, as defined 2 s a herein, and shall be accompanied by the joinder and/or consent of all lenders, mortgagees, beneficiaries under deed of trust and/or those persons or entities having a beneficial interest in the parcels sought to be exempted. Exemption from the assessment shall not be effective unless and until a declaration of restrictions,to District's satisfaction, is recorded and delivered to District. The costs of procuring said preliminary title report shall be borne in their entirety by the applicant. 3. The applicant shall allow periodic inspections of the parcel of property sought to be exempted by the District or other authorized agent from time to time upon District providing forty- eight (48) hours notice. D. REVOCATION OF EXEMPTION 1. In the event that any lot or parcel for which an exemption has been granted ceases to meet the definition of"Common Area"set forth in this Policy, as it may be amended from time to time, or structures are erected or uses made which are not included on the list of approved structures and uses, as it may be amended from time to time, the District may revoke any exemption from assessment granted to a parcel. 2. Prior to revoking an exemption from assessment, the District shall provide notice of the pending consideration of revocation to the owner of the affected lot or parcel, and an opportunity to be heard at the public hearing at which the District's Board of Directors shall consider revocation of the exemption. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the 3rd day of April, 2002 by the following roll call vote: AYES: Aguera, Hemig, Maass, Sutton and Van Gundy NOES: None ABSENT: None TRUCKEE DONNEva6vlc�-,,t LIC UTILITY DISTRICT By2 Nelson Van Gundy, President ATTES1417 . n 229,a3� Peter L. Holzmeister, District Clerk 3