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HomeMy WebLinkAbout1995-11-14 - RESOLUTIONS - SC LMD 1 ANNEX (5)^" RESOLUTION NO. 95-135 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: 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 14th day of Novanber 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 14thday of November 1995 ATTEST: E ' �ITY CLERK �lr0 i T 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 14th day of November 19 95 by the following vote of Council: AYES: COUNCILMEM 3ERS: Boyer, Heidt, Smyth, Pederson, Darcy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None �f G TY CLERK BM:hds c=ndAann=..mn PROPOSED ANNEXATION (4) INTO SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1 CITY OF SANTA CLARITA FISCAL YEAR 1995-98 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. 51089 approved by the City of Santa Clarks 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 PreviousFiscal 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 Clarks .................................................... 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 Pane 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 ' onna Grindey, City Clerk Ity of Santa Clarita Imd 4.1 SCALE I" Ea EXHIBIT "A" SHEET i OF 1 SHEET DIAGRAM PROPOSED ANNEXATION (ZONE 4) INTO SANTA CLARITA LANDSCAPE CITY OF SANTA CLARITA MAINTENANCE DISTRICT COUNTY OF LOS ANGELES NO. 1 STATE OF CALIFORNIA S VIA LANDSCAPE EASEMENT 1 LOTS \ \ LOT 1 LOT 3 \ \\ \ \ LOT 5 \ \� r \ ¢� I wl TRACT MAP NO. 51089 W LOT 2 I R OFTAILEO DESCROMIN Of THE LINES AMC 1 i DIMENSIONS M TH! PARCEL(MALL B! U SHOWN ON LOS AMOELES COUNTY ASSESSOR'S MAPS FOR FISCAL YEAR IE_ IE_ AS ) INDICATED BELOW AND MALL GOVERN FOR ALL DETAILS. ) AMESSOR MAP SOOR, PADS AND PARCEL / SUE-ssE-mB LOTS / / i FISCAL YEAR 'k— AREA AREA ANISEED TO ME ENOT SAMECT POTSUANT TO RESOLUTON AND. ACH PTIED BY THE COY COUNCx ON u- BY T*' MED IN THE OFFICE OF THE CITY MEN,, OF ME CRY OF SANTA CLAMITA THIS DAY OF IBS LEGEND BOMOARY Of PROPOSED ANNEXATOM ® LANDSCAPE EASEMENT! TO BE KNOWS AS IMPROVEMENT AREAS AND TO ME IMPROVED WITH LANDSCAPING. IMPROVEMENTS TO BE ASSESSED UPON THE LOTS WITHIN THE DISTRICT INCLUDE THE MAINTENANCE. SERVICING AND ALL INCIDENTALS THERETO, Of THE LANDSCAPE IMPROVEMENTS, CITY CLERK CITY OF SANTA C PITA FILEo IN THE OFFICE OF THE CRY EHDINEER OF THE CITY OF SANTA CLARITA THIS DAY OF IE_ 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 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 at 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 at 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. S. The Developer hereby requests that the annexation of the Property into the District set forth r 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 .!d n WILLIAM H. ARNOLD, VICE PRESIDENT CY �Y BM imd 4.2 STATE OF IDAHO ) ss. County of Ada ) On this �y of 199S, 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: Ot F • y Public in and of Idaho. ing at Boise, Idaho.