HomeMy WebLinkAbout1995-09-26 - RESOLUTIONS - LMD 1 ANNEX (4)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. 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:
SEE ATTACHED LEGAL DESCRIPTION
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
T
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 26th day of Sept. 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 26 hday of September —,19 95 .
O
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 26th day of September 19_,!15_ by the
following vote of Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
BM:lkl
couwl\armes9.6m
Hoyer, Heidt, Smyth, Pederson, Darcy
None
None
- CIITY CLERK ✓�
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, WestAm Development is required to provide landscape improvements as shown on
the diagram for the "Proposed Annexation (3) Landscape Maintenance District No. V' 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.........................................................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 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 Amount of
Map Book Pape Parcel Created Assessment
2839 003 031 1 $33,188
TOTAL 1 $33,188
Assessment Per Parcel $ 33,188 /1 Parcels = $33,188 per Parcel
Direct all inquiries to City of Santa Clarita, attention: Steve Stiles
(805) 286-0067
,h 11.2
T
Donna Grindey, City Clerk
City of Santa Clarita
T 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,
White's Canyon Associates. LTD A California Limited Partnership (hereinafter referred to as
is
the "Developers"),! 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
T
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' 64" 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
r ASSESSOR MAP BOOK NO. 2839-003-031
C
Hereinafter referred to as the "Property"; and
B. WHEREAS, Developent r developing the Property as a residential, development
(hereinafter referred to as the "Project"); and
as
C. WHEREAS,& 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
T 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 se 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+♦ 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 ownerO of all of the real property to be annexed into the District, the Developed
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;
u AA
f 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 anon r7oZ
to the reasonable satisfaction of the City;
`J
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.
S. 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 11S of the recitals hereinabove.
r
ALL SIGNATURES TO BE NOTARIZED:
"DEVELOPER"
WHI2TE'S CANYON SSOCIATES, LTD., A CALIFORNIA LIMITED PARTNERSHIP, OWNER BY:
RK ROPERTIES, I C ORNIA CORPORATION, GENERAL PA THE
HER ERT SCHAFFE , PRES ENT ��O
BY: BRETARI. INC., A CAL O IA CORPORATION, GENERAL PARTNER
JO ASHKAR, PRESIDENT 9S
BM:rvh
ll
OFFICIAL NOTARY SEAL
Ea:,*
. SUSAN GIFFORD
NOOrY lliEik—CaRtimla
LOS ANGELES COUNTY
Coma, Exil DEC 26,19GS
...r (This area for official seal)
personally known to me (or proved to me on the basis of satisfactory evidence) to bo
the person(s) whose name(s) is/are subscribed to the within instrument ona acknovd
edged to me that he/she/they executed the some in his/her/their authonjecl
capacity(ies), and that by his/her/their s1,9 ture(s) on the instrument the person(s� u
the entity upon alf of which the peso (s) peted, executed the instrument.
WITNESS my han 2nd official seal ,( . A l%
Signature
NOTARY: Although the information requested below is OPTIONAL, it
i CERTIFICATE MUST BE ATTACHED
THE DOCUMENT DESCRIBED AT RIGHT:
rrouaulent anoc_L�ment of this �eQ,hcq(e to another
Title or Type of Docr t / !)
Number of Pages T_Date of
TT- I 100 (11 /90) Signer(s) Other Than NonTed —Above —, , irc
i
,,Oil rty I N�\ "Ill.
110-
"a off d
I
70
No ,
PWIV�Awrwl
Fir. •
.01
4r
EXHIBIT "All
14
,Zpi4a Z4wlre agoa //,Z(;7 ee/70-h e -
DISTRICT
NO -
BOUNDARY OF IMMUO NO- 1
61