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HomeMy WebLinkAbout1995-09-26 - RESOLUTIONS - LMD 1 ANNEX (5)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 Mscal 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 26th day of September 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 . YOR 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 26th day of September 1995 by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BM:lkl c�AannU3.bm Boyer, Beidt, Smyth, Pederson, Darcy None None � 14 Crlll �j2-�� ITY CLER f � .. i! 1 C� I �-i� � �--erotr � n iiti�� %ti �- ��`�`. •_ 1 t. • v.V \ 11 r ft. 70 UJ ZVI c:zo ; TRACT 43194 'M.IL 9bT,.33-38 / g- 4 - ..n j �1 j' -�"2 ll _../ + 1. .hili � l�f ♦ .�� � \� 1 rxmi r Ap I ..ol l.. w.' •v+ v,e eeo �crn n ,e .,» 1 Q,] � 0 / '•• �Y ._ . ` � �1• f� 1 • � � cs �► ,, ,� �� � ,fit\ .,,is W \118 � � - � �L'� ti .�. � / �'/ At�! .�• t `b6 •, '�' .^. fl nitf 1.ph •rle0 W `, 4 . �� • �`/ � i �fit) �~ _I a0 r. ao TTe N k �tlfa, y W \ ^ tf/ - '• .: ¢. �.` ,� fr -y vtLINDA M. viSY. r 1ko. - .D `� ,\ m/•�' ,A i1. t�i0011 ' \1 -ti 4t�S� I yn•r I '-IvgTgEET � 1 �, 1 ' "i �i , `. ♦. . ,t. .=h ♦ i 1 !rl j rr1� 6. \\ .tbr ,a 4p 1; ,/: i t w• 1 oi`i � C/ � /�, !r Ism Ai \ �S s y % Ott°' _ g. `.� \ ♦ •\n/ 1�7t• nM _ s \ 49 aro �Q ` �•\ AA -.. vV lel EXHIBIT "All SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 3 TRACT NOS. 45416-1 AND 45416-2 r PROPOSED ANNEXATION (3) INTO T 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................................'.........................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 Paqe 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 is Grindey, Cify of Santa Clarita rvh 11.2 F 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 at 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. 40'64" 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 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 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 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. 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 4b. of the recitals hereinabove. 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, West/►n 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.........................................................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 Mao Book No. of Parcels Page Parcel Amount of 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 nn 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 '^ the "Developers"), go 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, r 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 .,L ASSESSOR MAP BOOK NO. 2839-003-031 � Hereinafter referred to as the "Property"; and B. WHEREAS, Developert 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 /S E. WHEREAS, the Developers me 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 Developerpdo 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 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 arra- DoZ 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 4b of the recitals hereinabove. T ALL SIGNATURES TO BE NOTARIZED: "DEVELOPER" HEIWHITE'S CANYON SSOCIATES, LTD., A CALIFORNIA LIMITED PARTNERSHIP, OWNER BY: RK ROPERTIES, I C ORNIA CORPORATION, GENERAL PA THE R SCHAFFE , PRES DENT --��0 BY: BRETARI. INC., A CALJFDIA CORPORATION, GENERAL PARTNER JO ASHKAR, PRESIDENT BM:rvh nrh%l r cknowledgement --- ate of __ C IFORNIA County — _. } SS. OFFICIAL NOTARY SEAL .�SUSAN CI FFORp Nobly 1'Udk — Z atLDS ANGELES CYW Cann. ErrPlrr ,1906 (This area for official seal) before Personally known to me (or proved to me on the basis of satisfactory evidence) to ti, the person(s) whose nome(s) is/are subscribed to the within instrument and ocknowl edged to me that he/she/they executed the some in his/her/their outhorw,j capocity(les), and that by his/her/their the entity upon be}� olf of which the pe WITNESS my hanglbnd Official seal. I Signature on the instrument the pefsow,, ), r„ Acted, executed the instrument s CERTIFICATE MUST BE ATTACHED .."v"'c4Vc�lea "low is VYOONAL, it could PrevIt froudulent ottac ment of this qe itic e to another HED Title or Type of Doc r t /V_j THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages 9 Date of Document TT1 100 (11/90) Signer(s) Other Than Named Above J. 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