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HomeMy WebLinkAbout1995-11-14 - AGENDA REPORTS - ANNEX TRACT 51089 ALBERTSONS (2)AGENDA REPORT City Manager Approval � Item to be presented by: Steven C. Stiles CONSENTCALENDAR DATE: November 14, 1995 SUBJECT: ANNEXATION NO. (4) INTO SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1, TRACT NO. 51089, ALBERTSON'S, INC. Resolution Nos. 95-135, 95-136 and 95-137 DEPARTMENT: Building and Engineering Services 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 No. 51089, landscape easements and improvements are required. The developer, Albertsons, Inc., 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 12 months of maintenance expenses to establish a reserve fund for expenditures will be needed prior to receiving Fiscal Year 96/97 assessments of $3,300 in December of 1996. All fees required have been received. RECOMMENDATION 1. Accept and file a petition from Albertsons, Inc., requesting the annexation of Tract No. 51089 into Santa Clarita Landscape Maintenance District No. 1. 2. Adopt Resolution No. 95-135, initiating proceedings for the annexation into "Santa Clarita Maintenance District No. V, an assessment district established pursuant to the Landscaping and Lighting Act of 1972. Adopted: Agenda Item: r ANNEXATION NO. (4) November 14, 1995 - Page 2 3. Adopt Resolution No.. 95-136, 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. 95-137, 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, 95-135, 95-136 and 95-137 Exhibit A - Map Exhibit B - Proposed Annexation No. (4) BM:hds wunci N\" 4.bm RESOLUTION NO. 95-137 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. 95-136 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. 95-135 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. 95-137 November 14, 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 (4) 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 (4) 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 (4) 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. 95-137 November 14, 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:hds counci1\..4.8m RESOLUTION NO. 95-135 ARESOLUTION 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. 1," 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: Lot 12, Tract No. 44328, as per Map recorded in Book 1129, Pages 81 through 86 inclusive of maps, records of said County, also known as Assessor Parcel No. 2839-003-029. WHEREAS, Developer is developing the Property as a commercial development (hereinafter referred to as the 'Project"); and WHEREAS, as a condition to its approval of the recordation of the final Tract Map No. 51089 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: RESOLUTION NO. 95-135 November 14, 1995 - Page 2 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 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. RESOLUTION NO, 95-135 November 14, 1995 - Page 3 PASSED, APPROVED AND ADOPTED this day of ,19_. MAYOR ATTEST: CITY CLERK 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: ABSENT: COUNCILMEMBERS: CITY CLERK BM:hds c umi!\annvx4.bm. RESOLUTION NO. 95-136 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. 95-136 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 No. 51089 to be recorded on the territory more particularly described in the petition attached hereto and marked Exhibit "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 (4) 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 maybe 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. 95-136 November 14, 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 (4) 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 Albertsons, Inc. (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 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 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 MAYOR ATTEST: CITY CLERK RESOLUTION NO. 95-136 November 14, 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:hds ronMi!\nnrwz4.bm SIERRA HIGHWAY EASEMENT AREA - WROUGHT IRON FENCE,.TYP. HOMEOWNER ASSOCIATION'S CONTRACTOR SHALL COORD. , I . 1 , I I WROUGHT IRON FENCE w• may. N I 1 M4tr INSTALLATION do TERMINATIONS 1 WITH CUL-DE-SAC GATES !! !!' ; I TO BE INSTALLED BY I OTHERS,. TYPICAL I I C I I I 1 I wu u WROUGHT IRON FENCE, TYP, D £1 wait � _ \� KEY LEGEND DEVELOPER'S CONTRACTOR SHALL COORDINATE. PROPERTY WROUGHT IRON FENCE INSTALLATION _ AND TERMINATIONS WITH CUL-DE-SAC x Ioxrx ® PROPERTY ASSOCIATION'S EXHIBIT "A„ TMPEO BE INSTALLED BY OTHERS, f'L!W"—� al - SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 4 TRACT NO. 51089 i I � w• may. N mwsn~ �YMY i 1 !! !!' ; I I 1 L £1 wait � _ \� KEY LEGEND DEVELOPER'S CONTRACTOR SHALL COORDINATE. PROPERTY WROUGHT IRON FENCE INSTALLATION _ AND TERMINATIONS WITH CUL-DE-SAC x Ioxrx ® PROPERTY ASSOCIATION'S EXHIBIT "A„ TMPEO BE INSTALLED BY OTHERS, f'L!W"—� al - SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 4 TRACT NO. 51089 uru w• may. N mwsn~ �YMY !! !!' 1 £1 wait � _ \� KEY LEGEND DEVELOPER'S CONTRACTOR SHALL COORDINATE. PROPERTY WROUGHT IRON FENCE INSTALLATION _ AND TERMINATIONS WITH CUL-DE-SAC x Ioxrx ® PROPERTY ASSOCIATION'S EXHIBIT "A„ TMPEO BE INSTALLED BY OTHERS, f'L!W"—� al - SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 4 TRACT NO. 51089 uru w• may. N mwsn~ �YMY £1 wait � _ \� KEY LEGEND DEVELOPER'S CONTRACTOR SHALL COORDINATE. PROPERTY WROUGHT IRON FENCE INSTALLATION _ AND TERMINATIONS WITH CUL-DE-SAC x Ioxrx ® PROPERTY ASSOCIATION'S EXHIBIT "A„ TMPEO BE INSTALLED BY OTHERS, f'L!W"—� al - SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 4 TRACT NO. 51089 PROPOSED ANNEXATION (4) 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. 510.89 approved by the City of Santa Clarita City Council on November 14, 1995, the developer, Albertson's INC., A Delaware Corporation, is required to provide landscape improvements as shown on the diagram for the "Proposed Annexation (4) 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 ........................................... $3,300.00 2. Water charges ..................................................Included 3. Electrical charges ... ...... .... ............ ..... Included 4. Incidentals..................................................... Included Total $3,300.00 Estimated Surplus or Deficit from the Previous Fiscal Year.........................................................0 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 Citv of Santa Clarita.................................................... 0 Net Amount To Be Assessed Upon Assessable Lands Within This Proposed Annexation Into The District . _.......................................... $3,300.00 PROPOSED ANNEXATION (4) INTO SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1 CITY OF SANTA CLARITA FISCAL YEAR 1995-96 Assessor No. of Parcels Amount of Map Book Paae Parcel Created Assessment 2839 003 029 6 $3,300 TOTAL 6 $3,300 Assessment Per Parcel $ 3,300 16 Parcels = $550 per Parcel Direct all inquiries to City of Santa Clarita, attention: Steve Stiles (805) 286-4067 Donna Grindey, City Clerk City of Santa Clarita 1m 4.1 SCALE I" = ca EXHIBIT "A" SHEET 1 OF 1 SHEET DIAGRAM PROPOSED :ANNEXATION (ZONE 4) INTO SANTA CLARITA LANDSCAPE CITY OF SANTA CLARITA MAINTENANCE DISTRICT COUNTY OF LOS ANGELES NO. 1 (TATE OF CALIFORNIA I VIP, INCESS=.-.. 1 1! LOT 1 LOT 3 TRACT MAP NO. 51089 A OFTMLEO DESCRIRTION OF THE LINES AND DIMENSIONS OF THE PARCEL SMALL BE AS SHOWN ON L09 ANGELES COUNTY ASSESSOR'S MAPS FOR FISCAL YEAR IE. - IS AS INDICATED $FLOW AND SMALL GOVERN FOR ALL DETAILS. ASSESSOR MAP SOOK.. PAGE AND PARCEL E831.0054E5 t BOUNDARY OF PROPOSED ANNEXATION ® LANDSCAPE EASEMENTS TO BE KNOWN AS IMPROVEMENT AREAS AND TO BE IMPROVED WITH LANDSCAPING. IMPROVEMENTS TO BE ASSESSED UPON THE LOTS WRMM THE DISTRICT INCLUDE THE MAINTENANCE, SERVICING AND ALL INCIDENTALS THERETO. OF TME LANDSCAPE IMPROVEMENTS. LOTS LOT LOTS LOT 1 1 1 � � 1 � 1 li\\� 1 1 1 f / / / / / Y / MCAL YEAR IBS - U_. AREA ANNEXED TO ME EXISIMO DISTRICT i PERSUANI TO Al"IMUTIOM MO. ADOPTED ET ME CITY COUACN ON _ FR FILED M ME OFFICE OF THE CITY CLEAR M EM CITY OF SAWA CLARITA THIS DAY OF IB_ CITY CLERK CITY OF SAWA CLARWA PILED IN ME OFFICE OF THE CITT ENGINEER OF THE CITY OF SANTA CLARITA THIS _ DAY OF IE_ CITY ENGINEER 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 PROCEEDING: 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 petitioner, Albertson's INC., A Delaware Corporation (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: LOT 12, TRACT NO. 44328 AS PER MAP RECORDED IN BOOK 1129, PAGES 81 THROUGH 86 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY Also known as assessor parcel number 2839-003-029 Hereinafter referred to as the "Property'; and B. WHEREAS, The Developer is developing the Property as a commercial, development (hereinafter referred to as the "Project"); and C. WHEREAS, a condition to its approval of the recordation of the final tract 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 that 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 Developer is the owner 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 Developer does 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 Developer hereby requests 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 Developer requests 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 4 in the District. 3. As the owners of all of the real property to be annexed into the District, the Developer hereby waives 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. 51089 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" ALBERTSON'S INC., A DELAWARE CORPORATION .Jd ^, WILLIAM H. ARNOLD, VICE PRESIDENT BM Imd 0.2 STATE OF IDAHO ) ss. County of Ada On this SLay of L:L2� , 199E, before me, the undersigned, a Notary Public in and for said State, personally appeared William H. Arnold, to me known to be the Vice President, Real Estate Law, of Albertson's, Inc., the corporation that executed the foregoing instrument, and acknowledged -to me that the said instrument is the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS MY HAND and official seal hereto affixed the day, month and year in this certificate fust above written. My commission expires: y Public in ander of Idaho. ling at Boise, Idaho.