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HomeMy WebLinkAbout1999-03-23 - RESOLUTIONS - LMD ANNEX 9 (2)RESOLUTION NO. 99-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNEXATION OF CERTAIN TERRITORY INTO "SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1", AS ANNEXATION NO. 9, DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO The City Council of the City of Santa Clarita pursuant to the provisions of the Landscaping and Lighting Act of 1972, being division 15 of the Streets and Highways Code of the State of California (the "Act"), desires to initiate proceedings for the annexation of certain property (the "Annexed Area") to the Santa Clarita Landscape Maintenance District No. 1,(the "District") and for the levy and collection of annual assessment within the proposed Annexed Area for the fiscal Year 1999/00, for the purposes provided therefor in the Act; and WHEREAS, Pacific Bay Properties, A California 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: Legal DescriRtiQ : Tract No. 52276, in the City of Santa Clarita, County of Los Angeles, State of California, currently known as Assessor's Parcel Numbers 2836-038-231. WHEREAS, the Developer is developing the Property as a residential project consisting of 14 parcels (hereinafter referred to as the "Project"); and WHEREAS, as a condition to its approval of the recordation of the final Tract Map No. 52276 to be recorded on the Project, the City of Santa Clarita (hereinafter referred to as the "City") has required that the developer install street trees and other landscape improvements adjacent to 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, the improvements to be installed, constructed or maintained within the proposed Annexed Area may include installation, construction or maintenance of any authorized improvements under the Act, including, but not limited to landscape and irrigation improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof, and WHEREAS, Section 22608 of the Act limits the requirement for the resolutions, Engineer's Report, notices of hearing, and right of majority protest under the Act to the territory included within the annexation and waives these requirements with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, Proposition 218, the Right to Vote On taxes Act does hereby require that a notice of the proposed assessment along with a ballot shall be mailed to all owners of identified parcels within the Annexed Area, and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; WHEREAS, the City has prepared a diagram attached as Exhibit "A", which is designated Proposed Annexation (9) 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; 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: 1. That the above recitals are true and correct. 2 That the City hereby proposes to annex to the Santa Clarita Landscape Maintenance District No. 1, the Annexed Area, generally located at May Way and Via Princessa, also known as Assessor Parcel Numbers; 2836-038-231, and to levy annual assessments thereon to provide for the following work: Installation, construction or maintenance of any authorized improvements under the Act, including, but not limited to landscape and irrigation improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. The distinctive designation for the proposed Annexed Area shall be "Annexation No. 9" to the Santa Clarita. Landscape Maintenance District No. 1, when referred to separately and upon annexation will be included in the designation of the Santa Clarita Landscape Maintenance District No. 1. 3. That the Property Owner has provided the City Council of the City of Santa Clarita a petition fully signed and notarized, granting the City the right to maintain and service the landscape improvements and gives 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. 4. 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 has been prepared as Exhibit "A". The diagram, assessment, and improvement plans have been filed with the City Clerk. 5. 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. 6. This City Council is satisfied with the correctness of the diagram and assessment including the proceedings and all matters relating thereto. 7. That notice is hereby given that on the 25' day of May 1999 at the hour of 6:30 p.m., or as soon thereafter as possible, in the City Council Chamber at 23920 Valencia Blvd., in the City of Santa Clarita, the City will hold a public hearing to receive and tabulate all ballots with reference to the Annexed Area pursuant to the Right to Vote On Taxes Act. /0 EXHIBIT "All LOCATION MAP r�A ly e Cis- TRACT 52276 3/4/99 9:37 AM L�' The City Clerk shall certify to the adoption of this Resolution PASSED, APPROVED AND ADOPTED this 9-Arri dayofmarrh ATTEST: 6�� nva"V� CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA OR I, Sharon Dawson, 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 2 3 rd dayof March 11999 by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NED:ltk Pr/distncV52276res.dm Klajic, Heidt, Ferry, Weste, Darcy None None )�Ltzv� "� Qw-'2.0� CITY CLERK