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Home My WebLink About1995-09-26 - RESOLUTIONS - LMD 1 ANNEX (6)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 T 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 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 (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. T. 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 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 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 26th day of September 1995 . ATTEST: j CTTY 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 26th day of September 19 95 by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BM:lkl round! .m.3.bm Boyer, Heidt, Smyth, Pederson, Darcy None None 1�G TITY 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 1 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, West/1n 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 r 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 Mao Book Page 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)286-4067 Donna Grindey, City Clerk City of Santa Clarita 1h 11.2 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 T the "Developers"), so the sole owner of that certain real property located in the City of Santa i 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. 43'60" 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 y ASSESSOR MAP BOOK NO. 2839-003-031 Hereinafter referred to as the "Property"; and B. WHEREAS, Developer) %ili developing the Property as a residential, development (hereinafter referred to as the "Project"); and QS 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 -r- 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 /S E. WHEREAS, the Developers qa 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 Developergdo 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 DeveloperV 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 Developer# 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 owner* 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 arm/-OQ- 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. 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 r of the recitals hereinabove. ALL SIGNATURES TO BE NOTARIZED: "DEVELOPER" WHITE'S CANYON SSOCIATESS LTDWES , A CALIFORNIA LIMITED PARTNERSHIP, OWNER BY: RK ROPERTIESCORPORATION, GENERAL PA THE HER ERT SCHAF BY: BRETARI. INC., A CAL O IA CORPORATION, GENERAL PARTNER JO ASHKAR, PRESIDENT — 9S BM:rvh rnno.e rAcknowledgement ate of _ C IFORNIA County SS, OFf"L NOTARY SEAL y 6USAN GIFFCRD Nobly IUdk — Calliortdi LOS ANGELES COUNTY Ny Came, ExPfr a DEC 26,1906 (This area for official seal) before personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl edged to me that he/she/they executed the same In his/her/their outhonzecl copacity(ies), and that by his/her/theirsl rtrtrt111000ture(s) on the instrument the person(s). or the entity upon beUalf of which the pe�Oh(s) Acted, executed the instrument . WITNESS my han nd official sea] . / 07) . /i l) Signature •••••-•• ••�•�•.,..aii iwyi a is nucnnumon e,O, Is V,"I'll., it could prey t fraudulent oBOc ment of th,see ifiC e tO another i CERTIFICATE MUST BE ATTACHED Title or Type of Doc t >j THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages_ Date of Document � I i IN a 70 TAOT; 4311M _.r,; t r... '� it \. i . \:• �i�SS " r _ ..aiva i '�`'. f' t � �tl .. J/ ... _ •p �, _ ••tet„ -- I.J,' i _ 1 ••1- I ., � pew 5 � • .. _�, 1 . - i+ i. }• LLL } i.. . [ , . , .i'-: •DIY �y-L.'•y:e, •� uU1J t. i�: �;<i .• �' ��, •� \t �tt �l �( ,d 1'11 Vit! _ ."tyi - u,..i e, _." . :. .. It 11 �. i4 Q' 7� '• '��0.•' •,�. or,a•�VIy ,3.TM' ••n..w,W y.1 •rRr •Krn � '1 ��•._r� �/ �'' i i`6 �. '• .. ��i" � • .l T� -lN - µwr • "..i•, .R�7} � \M•I• r •�.•• i •� • � � ,4 •� /' • � � •� � til •:'iJ ., ' 120 a -('." : L nS ♦ `- = � KAMOA 'At 41 •.n � !• /�.1s •' . _s' t '•,t t •. N�if ��" ./, INrtf, r 1—i b. l „s ; ,/•i. .,?t � .!' 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