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HomeMy WebLinkAbout1995-09-26 - AGENDA REPORTS - ANNEX TRACT 45416 01 45416 02 (2)AGENDA REPORT City Manager Approval' Item to be presented by: Steve Stiles CONSENT CALENDAR DATE: September 26, 1995 SUBJECT: ANNEXATION NO. (3) INTO SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1, TRACT NOS. 45416-01 AND 45416-02, WESTON DEVELOPMENT DEPARTMENT: Building and Engineering Services BACKGROUND Santa Clarita Landscape Maintenance District No, 1 was originally formed for the maintenance of landscaping along Golden Valley Road from the Antelope Valley west to Green Mountain Drive. It is intended that when other projects develop, which are required to install landscaping and provide for its continuous maintenance, the property would be annexed as a separate zone to this District. As a condition of the approval of Tract Nos. 45416-01, and 45416-02 landscape easements and improvements are required. The developer, Weston Development, has agreed to install all the necessary landscape improvements. Provisions now need to be made for the continued maintenance of these improvements after they are accepted by the City. It is estimated that 9 months of maintenance expenses to establish a reserve fund for expenditures will be needed prior to receiving Fiscal Year 96/97 assessments of $33,188 in December of 1996. All fees required have been received. 1. Accept and file a petition from Weston Development requesting the annexation of Tract Nos. 45416-1 and 45416-02 into Santa Clarita Landscape Maintenance District No. 1. 2. Adopt Resolution No. 95-112, initiating proceedings for the annexation into "Santa Clarita Maintenance District No. 1", an assessment district established pursuant to the Landscaping and Lighting Act of 1972. Adopted: .mss- Benda Item: r7 ANNEXATION NO. (3) September 26, 1995 - Page 2 3. Adopt Resolution No. 95-113, declaring the Council's intention to annex territory into "Santa Clarita Landscape Maintenance District No. 1" and to levy and collect assessments pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California. 4. Adopt Resolution No. 95-114, confirming the diagram and assessment, ordering the proposed improvements to and the annexation of territory into "Santa Clarita Landscape Maintenance District No. 1." FISCAL IMPACT None to the City ATTACHMENTS Resolution Nos. 95-112, 95-113, and 95-114 Exhibit A - Map Exhibit B - Proposed Annexation No. (3) BM:lkl co".UN.... 0.6m 09;20;93 11101 F9S 9104778%9 SEP -21-55 Till) 0:Q? 00/.U/a2 09:41 PAI S10ATMID j!ya A PETITION TO TNM CITY COUNCIL OF THE CITY OF SANTA CTARITA, COUNTY OF LOS, ANOEM, STATE OF CALIFORNIA, I'MITIGNINO SAID COUNCIL TO INITIATE PROCEkplNW FCR THE AMEX&MCN OF TERRITORY WTD -SAN IA ULAIUTA LANDSCAPE KAINMNANC2 INST'RICT NO. T. "AN ASSESSMENT DRNTR ICT PPSTAMIUSHED PURSUANT TO IT IE "LANDSCAPING AND I IOHTINO ACT OF 1972" AS SET FORM IN PART 2 OF DIVISION TS (SECTION 22904 111 0493 Of THE BTRRM AND HIMMAYM CODE OF Thr a JAI[ 4P CAt4FORMIL �.L7NEBSFT H; II' A. WHERVAIII, the pecaamis, WhIM'S Canyon ASanclatse.RTD A reUfamia L1mIIed Parmmhlp (he einaRar raFLlte6 to as %f' r �r the •patiebp4,a'1, go IIIc aNa owner of that ecefe;n real omporty laaamd In Hw City of Sane, Clifita, Cw-wW of Los Angslow, Stat® M Callf*RU rylen PutiSelarly desci1wd as fallexm: 11.1 MAT PORTION OF THE aotrtHSMEgT QUARTER OF THE EOUTHrA.ST QUARTER OF BEOTION it. TOWNSISP 4 NORTH, RANGE 7S Md!BT, $AN sgpAj itmN MIERIDHIN, W TME CITY of SANTA CLARTTA, GOMM OF LOS ANOELFS. STATE OF CALIFORNIA, ACCORtma TD THe OMC1AL pLAT THEREOF, DESCIY�O AS FOLLOWS: ELecgNNING AT THE SO{nl WIMT 4pRNER of THE 5OUTHWSST =RTIR OF 1HE SOUTMM= QUARTER of 9AID SECTION; THENCE. ALONG THE sounmLY LIM of sub SECTION NW?TH e4- W TY EAST 147.90 PM THENCE, PARALLEL WRH THE WS$TERLY I= OP TME SauTHEA®T QUARTER OF SAM RECTION NORTH 44.34' 7Y WMT ISO -00 FEET TO THE TRUE POINT OF URGINNINO: THMCS CONTINUING At ONO EA1D LAST KENTIONEEO PARALLEL L IN4 NORTH ft 24' 7T' WEST 51SLAS MET 70 TIG 9P_ MaMM OF A TANCENT CURVE, CONCAVE SOUTHEASTIMLY AND FIAVIsIt! A RAMS OF S w_oc r r -r; THENCI•, NORTHlAOW&Y ALONQ RAM CLIMIS" THROUGtt A C[NML ANGLE OF 47. 14'M* AN ARC DISTANCE CF 41279 FENT: TIENCE TANGENT TO SAID CURVE NDRTH AG SS' 45" EAST 16692 FEM THENCE EAyTRIWY PARALLEL TO THE NORTHERLY LINE OF SAID SOUTFMEST QUARTER 9268 FEET TO M(NNNWC OF A NON•TANG99T CLIRYA CGNGAYE EASTPRLYAND NAVINGA RAam rs CF M,40 FEET, A NADIAL LINO TO SARu POINT BEARS sOLRT4 88.4s' Rr WEST Tmamcc, ®ut 0s/2n/ns :n;2n TX/RX MA157 P.A02 m 69.'2A, 93. 11:01 F.48 3101778Si9 SEP -21-95 THU 0,04 OS%20/85 Oa:11. VA2 3104778610. NCRTI`mftY ALONG "ID CURVE TRHCUCH A CENTRAL ANGLE OF OM 47 69" AN ARC DISTANCE OF 18.12 FEET TO SAID NORRreRLV LINF; THENCE EASTeRLYALONO SAID NORTHERLY LINE TO T1 IC EASTLTiLY LINE OF THE SOUTHWEST QSIARTUR OF THE SOUTHEAST OLWU M DIh SAID SEOTION; THENCE. SOUTNEALY ALONG SAID EASTWtLY L!NE 768.46 FEET TO A MUT IN A NOWTANG04T CURVE. CONCAVS SOLITHEA&TERLY AND RAV1NO A RADIUS OF ADIX00 FEET, A RADIAL IM TO SAM POINT ZENO NORTH aw 26' 46' WEST; TWAICE, SOUTHWEMItLY ALONG SAID COME THROUGH A .CENTRAL ARMS OP Sd- a0' 64e AN ARC DISTANCE OF 17271 FEET. THENCE,TANDE2PTYDSAID CURVE SOUTH At- 62'1x' WEFT !70.16 FEET TO THE EEGINNJNO OF A TANGENT CURVE, CONCAVE NORTNNIESTERLY AND HAYING A RADIUS OF 199.99 FEET. THENCE SOUTHKI <STERLY AND WESTERLY ALON4 SAID CLNNE THOnUGH A VSNTRAL aµ00.6 OF A6. OW 6n' AN ARC DISTANCE OF 266-22 FEET THENCE, TANOENT TO SAID CURVE 5OUT4 w 6S 190 WEST 4114.76 PEET TO THE TRUE pOINt OF TIUAT PORTION THEREOF INCLUOED LLT 439.60 FEEL OF THE EASTERLY 660,90 kEST OUAATER OF THE SOUTHEAST QUARTER OF SAID SEC"3N 16- OGNTAMS 21.21 ACRM YOKE OR LEND AS51ISSOR MAP ROOK NO. 1:67-006-71 ���INNAA11 Harem~ rerermd to Do the "Proport ri and 6{I' S. WHERCAS, Oevelepar0 1441 devel9pind tha Property 00 a maldond2L dowlapmard (hvmrnafilr rularred to at the "PrciecVj; wid F, 03 44 C.. WHEREA540 a 99134MOn 4r Ip eppmrvl of lbf racardaGOn of Ow final P=41 Map to be 144orded 0h the Pln4 t, the CRY ar Santa Clarim thamfnaRar mtorrad to as the "C*7 ha6 minala d Unit tb9 car%lri landacapa emu ent ama,s vAL%Tn th. Prpjaet rrhicb are meta putlevury ■hewn end daaerilmal an EMM •A" atwelted hanot0 (hereinafter tefurn d 80 as tha 'Imw9vemenl Am""). be thnprdvvd with lindoeapiey and othar related Improvorn" (hareinaRsr referred to as the'Lerkdo=pe Impnworeents`) fa a clandard 2cceplabls to the Cdyh and the Develop"r provide a means *wII,% eticry In the City far saaudnV the eonanuod nleult�, aparahon. and akrvichld ar the enpre"emard Aread and the LandadEpC Impi"otnand; and rdlods GS/29/16 in-in:Tx/RS N0.3197 P. U1.1 0 0.20:91 i1: 01 Fu1 910177831 5EP-2?-95 Teo 0:05 00l20/95 0:41 F:tr 3104776519 P. as gnn7 @004 ❑WHERM3, PLtpuant to ale 'LendsCepl,np and Cloning Aet Of 191r as set forth in P'eft 2 of Dlvivfon 16 (Seetioret 22So0 at 60194 of the S1raela and Ntateeays Cada of the ante of CaUfwni., the CiIF may annm tm7ibry Info an exi%Ung a"ceunant dtatrid to proelde for the GWMnued Mi. Im ce, opomflan and serviabW of the IMPmvemard Aroaa and Landseepe Improvemehta, and for the Payment d/ the eeeta and "panasa Incurred for aucn maintenance, apc,ativr4 and SM141"p; sea R. WNCREAS,ths Devalepara lathe dxeenyat All of the real pe"m ty On ba benemad by the J/II 4naro�amfmt Ames, and the huinlaname, ogt—tiom and anvicing themot. NOW, 1KRUPORC, in f "ormut m the foreeaing maitale, the Developamp de hereby m6on the city as %11v 1. In abler to aaa4ra " ennr Dad maintananee, opgradom am Sthrmng at the Imp.oearnont Areas and LandaCape Impravamaete, and the payftwd Of the conte and expane00 incurred for such malrumme, operation, end servfduyl, the Deyt1lopetal htluby rcgaMt Vert the, GfW annex the Property into Santa Clarits aaaimenanCe Dittriet No, 1 (hangrgdter rofarred to se the ^DISMOVI purallard of tha'L.andacapinm and Llgtaing Act at 1977,' as set forttt in Part 1 of biy[sloo i0 fSectlom 72.100 Of seg.) m M6 Stfae[x ana miihrrw code W the Sista of Caltfrehla, In aemrganre With this Patition. 2 the Dovela0a4 request that the tunitary to be annased to the Mine" cc-smt of all of UIe Prap6r4/ taferfnaa In paragraph A of the rmitete hereinab"a and chap hecome Zone a In the District D9120/95 10:30 ^.1/ft% NQ.3157 P.004 09:4o/63 11 01 F..0 3101'79516 9EP-?t-05 THH Nn; 09.190.188 Ooril FAX 3101776111 e P, QE 11(106 Z0ot 3, As the mmwe of eQ of me regi tdo6wrty to be annm ed into the Dlatrlot, the Deyelapwe hereby we're an statutory heartnge of DWI19: wm and Pmtestr by intereafnd property ownem M the prbpesed artasaetham iL In ponsiderelian of the apprw•i of eiv drmesanon Into the 13kbfct by the Chy. tree tlewdeW helehy atpmcset am follawr: a. TO Onpnpve the Improyemartt A0 a ilh the tandMpe lmpr,�Prd3 (iiadadlhg. but not Ifmlted to, gralard enuee, thrlr11134y, tmw and other landscaping, lrrhyanan equlpmaod and saparste Witter meter.+) am n.,,y be reasonably mqulted by the City; b. To bear an eeaba to eornplsbr the sea tmctien of enact haatallation ar the 1endreapd hmprwtM"U on those portio re or the tmprorement Algae I&cm" is Trott Na 46476-01 AW az W the fweonable medaau ua.a ul the Ctlyl rc— To omnafd M tog eetabliafmlant or art aeaestmead for the propoocd annexatiun of the Property Into the Dlatnet in an amount reacanaw determrt.m by the ChY W cover NI coats and eaperees nttltred for the tatnnmred malnte nce, epyrilttort, and gerWekry W the lands ape knpawemtn+ffi tar necat Year iae}ee- S. Tile Oevehy er'hereby ngrrsta that the aaaeretlml of Ihs Pmpetty alto the Mtriek set forth hefeleatmqu sanery me U'Crd llndeaepe Candltrpn to its approval of the reConlat rl of ttaa find Tied Map for the Project an nrneed In parmij-ph Jb g of the tpe!tats nerxlnshave. 08/30/83 10;30 TXM N0.3757 P.005 00,20.'90 11.;41 Fib 91n1779S19 wcp RI -95 mu u:cu OV20 44 AA: 41 FAI BIU4778110 &WIBWMMW. O ARI7$b: '9CymbrBR+ P. oe 1M11FI!'H "N VON ASAOCIATU, LTD., A CALIFORNIA LUMTED PARTNERSHIP, OWNER By, ZRKlr"r ' u „ w CAUR[fRN1A Coni nRAnON, OENINAL PARTN a CNAFF , P IP T BY! BRETARI, INC" A CA MRPORATM, OENFRAL PI' 1' ISR J iHKAR, � .—.,— BN�hvh rau E,m 009 zi o09 ddM*ef�A-6��T+1�6+�•Pv��A�P�A-�^a"�P'�L`*POWP^P'Trn •rv<.nn.... ...�.i] S.F�T W�A+P..9�. AcknowleAgemenl 7W"'f C FORNIA ccd,h, _ .. . k,-' }ss. OFf1C1ALMUTKi74EAL W)yrM WfP V S tffi IEP CWYfY Lee, mlr FaFYr 00094104A yi+v �nrnly kn.ron 1� mn (Cr prCYetl ro'nC 09 n'C Cc!G o1 Ec�fcGl Yry Y�C'JY. Me) la p? II .e p?vx.(p wnr+v nn+Gql Gitlre:ubliCnGotl t9 m0 wltNn X`Atirnent w -,c aoinowF tae I I ft F IhM hr/!h r•'IhGy GMGCGiCd 't'•c :q^1C ,n Nc:Fer(rpglr p,,tlro�lwJ r.-cyu�ly(e> "'!1 tnr•�by h.rjhnrilnr•rYvrCcicC ti)W,1' nINH+CMT0 pe1G0^(i)A' Rw•nlyY Kn 1?S InI.Mlrh lh�CG S.pC�=IlnC tl1 k9vt 1 !)hi9 arec �CrCmogl uV., SgnofwY _/]J,�.7�J �I[e •'I�YfWJ Yniary nKIGh Yx-nbimoranrc00q:rca pvlOwfV�'ix�Nw4ucwu/re—Ir �a. r.. llhif(/(c c(5�t mcrnm,^q/%•1•un-p/�,r, (nn''fpin,l, TIL^i CfR'Ifl(7All MPItl AFACMEO TII ,Cyr�.111'>r �4(, `' TO THE DOCUMFr4T].5CRI8EI)A7fi!'4i tiW.'JJI rt o�J,y n Jnr �acurrc 57-nMn4o''t) ygnArvn O'.nYrnvINw Led AhovP�_ ww•Ovhksvh�s�! +i�vfw>nnra✓i..n�.>did*B•sw��P0�0^��P�P^PN'wP•W/.�4n�.r� �v>v�.rl.J�8�P�6+�. U9/YU/95 IU:70 'EA/ILI VU.3157 e.000 ■ 534 Ji+ 7 CC 70 W .} /rff W a Q TRACT 431J4 `M.B 967,33-_38 my`-'•-� 1� n.i a ` ; i Y''.. 14 1 Y 3 11 (y a r r..a a 17 1' f' }; �' ^s( nrti; ny ., uea W _ -.L �! .i r�' ♦�\SQ 120k \' wl E• .r,G �'/ ��/•- •. (m t i �1 y{i LINDA `/11SyT,^r. t/�. - �` m .: �'� . • 1 -:i-. U'•s. •i V1 I:- .o u, 2"STREETrp t , 1 . d• ,1�/ ' +. - �s .. } ..b '. ` ` I 1 �� oil jig 49 a„ � i1.7 16x1 nat 'C 111 t '•[tii l+'i�~ C� ./ F " t,[iv/•. ':'C EXHIBIT "A" SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO, 1 ANNEXATION NO. 3 TRACT NOS. 45416-1 AND 45416-2 RESOLUTION NO. 95-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORY INTO "SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. I," AN ASSESSMENT DISTRICT ESTABLISHED PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 WHEREAS, Weston Development (hereinafter referred to as the "Developer"), is the sole owner of that certain real property located in the City of Santa Clarita, County of Los Angeles, State of California, more particularly described as follows: SEE ATTACHED LEGAL WHEREAS, Developer is developing the Property as a residential development (hereinafter referred to as the "Project"); and WHEREAS, as a condition to its approval of the recordation of the final Tract Map Nos. 45416-01 and 45416-02 to be recorded on the Project, the City of Santa Clarita (hereinafter referred to as the "City") has required that those certain landscape easements within the Project, as more particularly shown as Landscape Improvement Areas (hereinafter referred to as the "Improvement Areas") on Exhibit "A" attached hereto, be improved with landscaping and related improvements to a standard acceptable to the City, and that Developer provide a means satisfactory to the City for assuring the continued maintenance, operation, and servicing of the Improvement Areas and improvement thereto; and WHEREAS, in response to the City's conditions to its approval of the recordation of the Tract Map to be recorded on the Project, Developer has executed and filed with the City Council a Petition wherein Developer has, among other things, proposed to improve the Improvement Areas and has requested the annexation of the Property to Santa Clarita Landscape Maintenance District No. 1(hereinafter referred to as the "District") to provide for the continued maintenance, operation, and servicing of the Improvement Areas, and all improvement thereon. A copy of the Petition is attached hereto as Exhibit "B"; and WHEREAS, the City desires to initiate proceedings for the annexation pursuant to and in accordance with the provisions of the "Landscaping and Lighting Act of 1972" as set forth in Part 2 of Division 15 (Sections 22500 et seq.) of the Streets and Highways Code of the State of California, to annex the Property to the District in order to provide for the continued maintenance, operation, and servicing of the Improvement Areas, and all improvement thereto, and for the payment of all costs and expenses incurred of same. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Santa Clarita, State of California, that: Section 1. Pursuant to Sections 22585 and 22605 of the Streets and Highways Code of the State of California, the City hereby proposes to annex, and does initiate proceedings for the annexation of the Property to the District pursuant to and in accordance with the provisions of the "Landscaping and Lighting Act of 1972" as set forth in Part 2 of Division 15 (Sections RESOLUTION NO. 95-112 September 26, 1995 - Page 2 22500 et seq.) of said Code, to provide for the continued maintenance, operation, and servicing of the Improvement Areas, and all landscape improvements thereon as defined in Section 2 below, and for the payment of all costs and expenses incurred for such maintenance, operation, and servicing. Section 2. The improvements to the Improvement Areas shall include such ground cover, shrubbery; trees and other landscaping, irrigation and equipment, and separate water meters (hereinafter referred to as the "Landscape Improvements") as may be reasonably required by the City. All costs of constructing or otherwise installing the Landscape Improvements shall be borne by the Developer.. Section 3. To ensure that the costs and expenses of maintaining, operation, and servicing the Improvement Areas, and the Landscape Improvements thereon, are borne by the owners of the property to be benefited thereby, the City resolves that the proposed annexation shall consist of the Property referenced in the recitals hereinabove. Section 4. The improvements shall consist of the costs and expenses of maintaining, operating, and servicing the Improvement Areas and the Landscape Improvement thereon. Section 5. Pursuant to the provisions of Section 22608 of the Streets and Highways Code the City has determined that the Developer has given written consent (see Exhibit "B") to the proposed annexation of the Property into the District to provide for the continued maintenance, operation, and servicing of the Improvement Areas, and all the Landscaping Improvement thereon, and that the Property is to be annexed into the District without notice, hearing, or filing of an Engineer's Report, Section 6. The City hereby directs the City Engineer to prepare a Diagram for the District (Section 22570 of the Streets and Highways Code) and an assessment (Section 22572 of the Streets and Highways Code) showing the area to be annexed, benefited, and assessed for the improvements. The City Engineer is further directed to file the diagram, assessment, and improvement plans with the City Clerk, Section 7, The foregoing Resolution was on the day of 1995, adopted by the City Council of the City of Santa Clarita, and ex -officio the governing body of all other special assessment taxing districts for which said City Council so acts. PASSED, APPROVED AND ADOPTED this day of '19 MAYOR ATTEST; CITY CLERK RESOLUTION NO. 95-112 September 26, 1995 - Page 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Donna M. Grindey, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of 19 by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK BM:lkl rouncil\anrus3. bn RESOLUTION NO. 95-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA DECLARING ITS INTENTION TO ANNEX TERRITORY INTO SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO PART 2 OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA WHEREAS, this City Council has by its Resolution No. 95-112 initiated proceedings for the annexation of territory into Santa Clarita Landscape Maintenance District No. 1 (hereinafter referred to as the District) pursuant to the Landscaping and Lighting Act of 1972 being Part 2 of Division 16 of the California Streets and Highways Code (hereinafter referred to as "the Act"); and WHEREAS, a petition has been filed with the City Council by all of the owners of property within the territory proposed to be annexed into the District consenting to the annexation into the District; and WHEREAS, Section 22608 of the Act permits the City Council to annex territory into the District without notice, hearing, filing of the Engineer's Report when all the owners of property proposed to be annexed into the District have given written consent to the annexation into the District; and WHEREAS, as a condition to its approval of the recordation of the final Tract Map Nos. 45416-01 and 45416-02 to be recorded on the territory more particularly described in the petition attached hereto and marked Exbibit "B", the City of Santa Clarita (hereinafter referred to as the "City") has required that those certain landscape easements within the proposed annexation as more particularly shown on Exhibit "A' attached hereto (hereinafter referred to as the "Improvement Areas"), be improved with landscaping and related improvements to a continued maintenance, operation, and servicing of the Improvement Areas and the landscape improvements thereto; and WHEREAS, the City Engineer has prepared a diagram, which is designated Proposed Annexation (3) into Santa Clarita Landscape Maintenance District No. 1 and an assessment showing the proposed boundaries of the territory to be annexed into the District which is benefited by the construction of the improvements and the amount to be assessed against each of the parcels within the proposed annexation to the District; and WHEREAS, the diagram and assessment have been filed with the City Clerk and are open to public inspection, and may be referred to for all details regarding the improvements, the boundary of the proposed annexation, the assessments, total costs, and description of the parcels to be assessed, NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Santa Clarita, State of California, that: RESOLUTION NO. 95-113 September 26, 1995 - Page 2 Section 1. This Council hereby declares its intention to annex territory into the District pursuant to and in accordance with the provisions of the "Landscaping and Lighting Act of 1972" as set forth in Part 2 of Division 15 (Sections 22500 et al), servicing of the Improvement Areas, and all landscape improvements thereto. Further, this Council hereby declares its intention to levy and collect assessments to pay all costs and expenses incurred pursuant to and in accordance with said Act. The proposed assessments are more particularly described in the Assessment for Proposed Annexation (3) on file with the City Clerk. Section 2. The improvements shall include the maintenance and servicing including all incidental expenses thereof, of the landscaping improvements installed by Weston Development (hereinafter referred to as the 'Developer"), within those certain Improvement Areas within the proposed annexation. Section 3. The diagram, which indicates by a boundary line the extent of the territory proposed to be annexed into the District is hereby declared to describe the proposed boundaries of the proposed annexation to the District and shall govern for all details as to the extent and location of said annexation. Section 4. Pursuant to the provisions of Section 22605 of the Streets and Highways Code, the City has determined that the Developer has given written consent (see Exhibit "B") to the proposed annexation of the territory into the District in order to provide for the continued maintenance, operation, and servicing of the Improvement Areas, and all the landscape improvements thereon, and that the Property (described in Exhibit "B") is to be annexed into the District without notice, hearing, or filing of an Engineer's Report. Section 5. The foregoing Resolution was on the day of 1995, adopted by the City Council of the City of Santa Clarita, and ex -officio the governing body of all other special assessment taxing districts for which said City Council so acts. PASSED, APPROVED AND ADOPTED this day of 19 frI X`TITHI ATTEST: CITY CLERK RESOLUTION NO. 95-113 September 26, 1995 - Page 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA I, Donna M. Grindey, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of 19_ by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK BM:1k1 c uuil\nnnW.bm RESOLUTION NO. 95-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA CONFIRMING THE DIAGRAM AND ASSESSMENT AND ORDERING THE PROPOSED IMPROVEMENTS TO AND ANNEXATION OF TERRITORY INTO SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1 WHEREAS, this City Council has by its Resolution No. 95-113 declared its intention to annex territory into Santa Clarita Landscape Maintenance District No. 1 (hereinafter referred to as the "District") under the provisions of the Landscaping and Lighting Act of 1972 being Part 2 of Division 15 of the California Streets and Highways Code (hereinafter referred to as "the Act"); and WHEREAS, the City Council has received a petition signed by all the owners of property within the territory proposed to be annexed into the District consenting to the annexation into the District; and WHEREAS, Section 22608 of the Act permits the City Council to annex territory into the District without notice, hearing, or filing of the Engineer's Report when all the owners of property proposed to be annexed into the District have given written consent to the annexation into the District; and WHEREAS, the City Council has directed by its Resolution No. 95-114 the City Engineer to prepare a diagram and assessment of the proposed annexation into the District showing the area to be annexed into the District to be benefited and assessed for the improvements, the cost of the improvements, and the amount to be assessed to each parcel within the proposed annexation to the District; and WHEREAS, this City Council has examined and considered the diagram, assessment, and the proceedings prior thereto. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Santa Clarita, State of California, that: Section 1. The petition signed by all owners of property within the territory proposed to be annexed into the District consenting to the annexation of the property into the District is on file with this City Council. Section 2. This City Council is satisfied with the correctness of the diagram and assessment including the proceedings and all matters relating thereto, Section 3. This City Council orders the annexation of the property into the District and the proposed improvements as indicated in the Resolution of Intention hereinabove referred to. RESOLUTION NO. 95-114 September 26, 1995 - Page 2 Section 4. This City Council determines that the amounts to be assessed against the individual parcels described in the assessment and shown on the diagram of the Proposed Annexation (3) are hereby approved and confirmed and are hereby levied by said Council as special assessments against said parcels for fiscal year 1995-96. Section 5. The City Council determines that the amount of the assessments for Fiscal Year 1995-96 of the Proposed Annexation (3) shall be paid to the City by the owner of the territory to be annexed prior to the filing of any final map(s) with the County Recorder of the territory proposed to be annexed to the District. Section 6. The City Clerk of the City of Santa Clarita shall file a certified copy of the diagram and assessment with the Los Angeles County Auditor. Section 7. This City Council determines that all moneys received representing assessments collected by the County of Los Angeles for the District and/or from the developer shall be deposited by the City Treasurer in an improvement fund entitled Santa Clarita Landscape Maintenance District No. 1 annexation (3) and shall be expended only for the improvements authorized for the District, Section 8. The foregoing Resolution was on the day of 1995, adopted by the City Council of the City of Santa Clarita, and ex -officio the governing body of all other special assessment taxing districts for which said City Council so acts. PASSED, APPROVED AND ADOPTED this day of , 19 MAYOR ATTEST: CITY CLERK RESOLUTION NO. 95-114 September 26, 1995 - Page 3 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Donna M. Grindey, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of 19 by the following vote of Council: AYES: COUNCILMEMBERS: f IQMl 9418rkiiiiaiJI01u13Dif ABSENT: COUNCILMEMBERS: CITY CLERK BM:lkl murmil\nnna3.bm 7r,F. 70 tin f of Ir! Z :TRACT 43194 t IA IW7 4 if ace. o �cv .0 IN 120 1w VISTA III- I W I \ I " �LINDA : - 1 1 111" � III .��T - ti ® A� ok EXHIBIT "All SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. I ANNEXATION NO. 3 TRACT NOS. 45416-1 AND 45416-2 y 49 .6 7t 1711 9 ul EXHIBIT "All SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. I ANNEXATION NO. 3 TRACT NOS. 45416-1 AND 45416-2 49 .6 EXHIBIT "All SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. I ANNEXATION NO. 3 TRACT NOS. 45416-1 AND 45416-2 PROPOSED ANNEXATION (3) INTO SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1 CITY OF SANTA CLARITA FISCAL YEAR 1995-96 Method of Assessment The law provides that the total cost shall be assessed proportionally to each individual parcel based upon the benefit received. As a condition to the recordation of Tract Map No. 45416-01 and -02 approved by the City of Santa Clarita City Council on September 26, 1995, the developer, Western Development is required to provide landscape improvements as shown on the diagram for the "Proposed Annexation (3) Landscape Maintenance District No. 1:' The proposed annexation to the district is to provide for the maintenance and servicing of the landscape improvements and all incidentals thereto. Since this project is one development, the properties within the development each receive full benefit from the improvements i.e., maintenance and servicing. Therefore, because each parcel benefits equally the benefit should be proportioned to the number of parcels to be created by the development. Total estimated Improvement Costs 1. Maintenance and servicing of plant materials, soils, irrigation, and electrical systems ................................................ $33,188 2. Water charges .............................. ................... Included 3. Electrical charges ............................................... Included 4. Incidentals .................... _................................. Included Total $33,188 Estimated Surplus or Deficit from the Previous Fiscal Year ...................................................... Estimated Contributions To Be Made From Sources Other Than Assessments Levied Pursuant to Landscaping And Lighting Act of 1972................................,.........................0 Estimated Annual Installments Ordered By the City of Santa Clarita ........... ......................................... 0 Net Amount To Be Assessed Upon Assessable Lands Within This Proposed Annexation Into The District ...... . ....................... ............... $33,188 PROPOSED ANNEXATION (3) INTO SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1 CITY OF SANTA CLARITA FISCAL YEAR 1995-96 Assessor No. of Parcels Map Book Page Parcel Created 2839 003 031 1 TOTAL 1 Assessment Per Parcel $ 33,188 /1 Parcels = Direct all inquiries to City of Santa Clarita, attention: Steve Stiles (805) 2864067 rvh 11.2 Amount of Assessment $33,188 $33,188 $33,188 per Parcel is Grindey, City Clerk of Santa Clarita EXHIBIT "B" PETITION A PETITION TO THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PETITIONING SAID COUNCIL TO INITIATE PROCEEDINGS FOR THE ANNEXATION OF TERRITORY INTO "SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1, " AN ASSESSMENT DISTRICT ESTABLISHED PURSUANT TO THE "LANDSCAPING AND LIGHTING ACT OF 1972" AS SET FORTH IN PART 2 OF DIVISION 15 (SECTIONS 22500 et seg.) OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. WITNESSETH: A. WHEREAS, the petitioners, Wells Fargo Housing Advisors, Inc., General Partners, and White's Canyon Associates. LTD A California Limited Partnership (hereinafter referred to as the "Developers"), are the sole owner of that certain real property located in the City of Santa Clarita, County of Los Angeles, State of California, more particularly described as follows: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE, ALONG THE SOUTHERLY LINE OF SAID SECTION NORTH 80. 52'18" EAST 141.00 FEET; THENCE, PARALLEL WITH THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION NORTH 00� 34' 12" WEST 150.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LAST MENTIONED PARALLEL LINE NORTH 00. 34' 12" WEST 589.49 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 500.00 FEET; THENCE, NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47. 14' 00" AN ARC DISTANCE OF 412.19 FEET; THENCE TANGENT TO SAID CURVE NORTH 46. 39'48" EAST 155.25 FEET; THENCE EASTERLY PARALLEL TO THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER 52.66 FEET TO BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 982.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 85. 49'22" WEST THENCE, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05. 43'50" AN ARC DISTANCE OF 98.22 FEET TO SAID NORTHERLY LINE; THENCE EASTERLY ALONG SAID NORTHERLY LINE TO THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE, SOUTHERLY ALONG SAID EASTERLY LINE 786.46 FEET TO A POINT IN A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 400.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 20. 26'48" WEST; THENCE, SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24. 40'54" AN ARC DISTANCE OF 172.31 FEET; THENCE, TANGENT TO SAID CURVE SOUTH 44. 52' 18" WEST 278.10 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 300.00 FEET; THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45. 00' 00" AN ARC DISTANCE OF 235.62 FEET; THENCE, TANGENT TO SAID CURVE SOUTH 89. 52' 18" WEST 624.79 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION THEREOF INCLUDED WITHIN THE NORTHERLY 430.00 FEET OF THE EASTERLY 660.00 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 15. CONTAINS 21.21 ACRES, MORE OR LESS ASSESSOR MAP BOOK NO. 2839-003-031 Hereinafter referred to as the "Property"; and B. WHEREAS, Developers are developing the Property as a residential, development (hereinafter referred to as the "Project"); and C. WHEREAS, is a condition to its approval of the recordation of the final parcel map to be recorded on the Project, the City of Santa Clarita (hereinafter referred to as the "City") has required that those certain landscape easement areas within the Project which are more particularly shown and described on Exhibit "A" attached hereto (hereinafter referred to as the "Improvement Areas"), be improved with landscaping and other related improvements (hereinafter referred to as the "Landscape Improvements") to a standard acceptable to the City, and the Developer provide a means satisfactory to the City for assuring the continued maintenance, operation, and servicing of the Improvement Areas and the Landscape Improvements; and D. WHEREAS, pursuant to the "Landscaping and Lighting Act of 1972' as set forth in Part 2 of Division 15 (Sections 22500 et seg.) of the Streets and Highways Code of the State of California, the City may annex territory into an existing assessment district to provide for the continued maintenance, operation and servicing of the Improvement Areas and Landscape Improvements, and for the payment of the costs and expenses incurred for such maintenance, operation, and servicing; and E. WHEREAS, the Developers are the owners of all of the real property to be benefited by the Improvement Areas, and the maintenance, operation, and servicing thereof. NOW, THEREFORE, in furtherance of the foregoing recitals, the Developers do hereby petition the City as follows: 1. In order to assure the continued maintenance, operation, and servicing of the Improvement Areas and Landscape Improvements, and the payment of the costs and expenses incurred for such maintenance, operation, and servicing, the Developers hereby request that the City annex the Property into Santa Clarita Maintenance District No. 1 (hereinafter referred to as the "District") pursuant of the "Landscaping and Lighting Act of 1972,' as set forth in Part 2 of Division 15 (Sections 22500 et seg.) of the Streets and Highway Code of the State of California, in accordance with this Petition. 2. The Developers request that the territory to be annexed to the District consist of all of the Property reference in paragraph A of the recitals hereinabove and shall become zone 3 in the District. 3. As the owners of all of the real property to be annexed into the District, the Developers hereby waive all statutory hearings of objections and protests by interested property owners to the proposed annexation. 4. In consideration of the approval of the annexation into the District by the City, the Developer hereby proposes as follows: a. To improve the Improvement Areas with the Landscape Improvements (including, but not limited to, ground cover, shrubbery, trees and other landscaping, irrigation equipment and separate water meters) as may be reasonably required by the City; b. To bear all costs to complete the construction or other installation of the Landscape Improvements on those portions of the Improvement Areas located in Tract No. 45416-01 to the reasonable satisfaction of the City; c. To consent to the establishment of an assessment for the proposed annexation of the Property into the District in an amount reasonably determined by the City to cover all costs and expenses incurred for the continued maintenance, operation, and servicing of the Landscape Improvements for Fiscal Year 1995-96. 5. The Developer hereby requests that the annexation of the Property into the District set forth hereinabove satisfy the City's landscape condition to its approval of the recordation of the final Tract Map for the Project as referenced in paragraph 4b. of the recitals hereinabove. ALL SIGNATURES TO BE NOTARIZED: "DEVELOPER" WFHAI HOUSING FUND, L.P., A CALIFORNIA LIMITED PARTNERSHIP, BENEFICIARY UNDER DEEDS OF TRUST RECORDED JULY 26, 1995 AS INST. NOS. 95-1213319, 95-1213320, AND 95- 1213321, AND INTEREST HOLDER UNDER A COLLATERAL ASSIGNMENT OF RIGHTS UNDER DEVELOPMENT AGREEMENT RECORDED JULY 26, 1995 AS INST. NO. 95-1213322, ALL OF OFFICIAL RECORDS, RECORDS OF LOS ANGLES COUNTY. BY: WELLS FARGO HOUSING ADVISORS, INC. GENERAL PARTNER BY: BY: NANCY S. NORTON, ANN M. KARNER, VICE PRESIDENT ASSISTANT SECRETARY WHITE'S CANYON ASSOCIATES, LTD., A CALIFORNIA LIMITED PARTNERSHIP, OWNER BY: RK PROPERTIES, INC., A CALIFORNIA CORPORATION, GENERAL PARTNER HERBERT SCHAFFER, PRESIDENT BY: BRETARI.. INC., A CALIFORNIA CORPORATION, GENERAL PARTNER JOHN A. ASHKAR, PRESIDENT BM:rvh 'h90.8