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HomeMy WebLinkAbout1995-11-14 - RESOLUTIONS - SC LMD 1 ANNEX (6)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 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. 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 -T- 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") T 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 14th day of November 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 14th day of November 1995 . /, / .'i 4'•' Fly 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 14th day of November 19 95 by the following vote of Council: AYES: COUNCILMEMBERS: Boyer, Heidt, &myth, Pederson, Darcy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEM 3ERS: None CITY CLERK BM:hds ..d\... s4.6. ?�. nL W s Ua o x LQ g C.)� z z N Q w a I • :( 1 �1 ,_ H m W T W U z 49 qw zco oh �0 zzLO moo W Q axe U Nz _� zQ a J I Q K� O W W L W� g W VU(j C-DvO1 O• d• Z oJ< C H �� 6 w 2x1 1 J V 2 �� � W Q W• W Z O�OOj W N¢ W GU ,MeJ L o 02 3� 30 is ZOFG�m O NWI X33;00 } H m W T W U z 49 qw zco oh �0 zzLO moo W Q axe U Nz _� zQ a J 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. 51089 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 Imorovement 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 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 Man Book Page Parcel Created Assessment 2839 003 029 6 $3,300 TOTAL 6 $3,300 Assessment Per Parcel $ 3,300 / 6 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 Imd 4.1 SCALE 1" = Lo' 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. STATE OF CALIFORNIA J S V1=PRINCESS= �� I — i --- , LAHODCAPE EASEMENT I ' I I LOT \ L0T3 \ \ LOT1 \ \ LOTS � \� 1 \ ul 1 �= I ¢� I wl TRACT MAP NO. 51089 N LOT 2 I A OTTAILED DESCRIPTION OF THE LINA AND DIMENSIONS OF THE PARCEL SHALL BE AS SHOWN ON LOS ANGELES COUNTY ASSESSOR'S MAPS FON FISCAL YEAR It . O AS ) INDICATED BELOW AND SHALL GOVERN MR ALL DETAILS. ANDERSON MAP BOON, PAGE AND PARCEL 2030.003-020 I / LOT / / FINICAL TEAM IB_ . N_ / i AREA ANN M M ME EIroTOq INSTTECT PARSUANT TO REDMUTIOM MO. _ — — — — - — — ADOPTED NY TME CRY COUMOM ON T� FILED BE ME OFFICE OR ME CRY MADE ON TM AV RY CRY OF SANTA CLARMA THIS BAY OF TOS, LEGENDI L- - OF SANTA CLAMITAOPON[D � BOUNDAMY OF PROPOSEDANNEXATION ' ® LANDSCAPE EASEMENTS TO BE KNOWN FILED NT ME OFFICE OF THE CRY ES EEN OF AS IMPROVEMENT AREAS AND TO EE IMPROVED WITH LANDSCAPING. THE CITY OF SANTA CLARITA THIS DAY OF 'E_ .MOVEMENTS TO BE ASSESSED UPON THE LOTS WITHIN THE DISTRICT INCLUDE THE MAINTENANCE. SERVICING AND ALL INCIDENTALS THERETO, OF THE LANDSCAPE IMPROVEMENTS. 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 16 (SECTIONS 22600 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 -- Glarus, 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 1995-98. 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. ALL SIGNATURES TO BE NOTARIZED "DEVELOPER" ALBERTSON'S INC., A DELAWARE CORPORATION WILLIAM H. ARNOLD, VICE PRESIDENT BM Imd 4.2 STATE OF IDAHO ) ss. County of Ada ) On this 3e` y of ME, 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. VMWESS MY HAND and official seal hereto affixed the day, month and year in this certificate fust above written. My commission expires: yes a w+dr• rap r,•�. R fOj•s :• �� �` ' SIF ° :a 1yOTA,gY •� a • �.� 'P rfi3LtG ? ,��•' :�F 0 F p481NUP16110 y Public in andjpi of Idaho. ing at Boise, Idaho.