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HomeMy WebLinkAbout1999-03-09 - RESOLUTIONS - LMD T1 ANNEX T1B (2)RESOLUTION NO. 99-31 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. Tl, AS ANNEXATION NO. TlB, 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 Clatita 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. Tl (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, Newhall Land and Farming (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 DescriRtio : Parcel "A!' - All of Lots of Tract No. 52206, in the City of Santa Clarita, County of Los Angeles, State of California, currently known as Assessor's Parcel Numbers 2861-055-014 through 015, and 2861-055-018 through 073. WHEREAS, Developer is developing the Property as a residential project consisting of 76 units on three parcels (hereinafter referred to as the "Project"); and WHEREAS, as a condition to its approval of the recordation of the final Tract Map No. 52206 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 median 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 (TlB) into Santa Clarita Landscape Maintenance District No. T1 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. T1, the Annexed Area, generally located at Magic Mountain Parkway and McBean Parkway, also known as Assessor Parcel Numbers; 2861-055-014 through 015, and 2861-055-018 through 073, 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. T1B" to the Santa Clarita Landscape Maintenance District No. T1 when referred to EXHIBIT "A" LOCATION MAP MFOWO% urm^dqw ilm Avignon Condominium Project - Tract 52206 la 2J9199 10: 10 AM 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 (Section 22500, et seq.) of the Streets and Highways Code of the State of California. A. WHEREAS, the petitioner, NEWHALL LAND AND FARMING COMPANY, 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: I All of Lots of Tract No. 52206, in the City of Santa Clarita, County of Los Angeles, State of California, as shown on map filed in Book / 2 '1 3 —, Pages Jr 7 to J�L inclusive of maps, records of said County, also known as Assessor's Parcel Number 2802-038-136 and 137 (Hereinafter referred to as the "Property"); and B. WHEREAS, the owner is developing the Property as a condominium development in Santa Clarita, (hereinafter referred to as the 'Project); and C. WTEEREAS, as a condition to its approval of the recordation of the final tract map to be recorded on the Property, the City of Senta Clarits. (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 pursuant to 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, the City may assess the property via an existing assessment distnct 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 D. 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 cost and expenses incurred for such maintenance, operation, and servicing, the Developer hereby requests that the City annex the Property in Santa Clarita Maintenance District No. 1 (hereinafter referred to as the ADistrict=—) pursuant of the ALandscaping and Lighting Act of 1972,= as set forth in Part 2 of Division 15 (Section 22500, et seq.) of the Streets and Highways Code of the State of California in accordance with this Petition. 2. The property is currently within the boundaries of the Areawide Landscape District Zone No. T1 and Developer requests that the Property to be incorporated and annexed into the District consist of all of the Property referenced in Paragraph A of the recitals hereinabove and shall become annexed into Zone T1, Valencia Areawide District No. T1. The annual assessment shall be $47.85 per parcel times a factor of three and the base rate may increase at an annual amount based upon the increase in the Consumer Price Index for the Los Angeles Area (CPI). 3. As the owner 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 consent to the establishment of an annual assessment for the property being annexed 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 Zone T1 of Santa Clarita Maintenance District No. 1. b. To construct Landscape Improvements as may be reasonably required by the City; c. 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. 52206 to the reasonable satisfaction of the City; d. To cast a ballot authorizing the levy of assessments in the District to pay the costs and expenses of the continued maintenance, operation and servicing of the improvements; and e. Pay assessments levied for the first fiscal year (1997-98) upon the landscape assessment district in which the property is located prior to the submittal to the City Council of any associated final subdivision map. 5. The Developer hereby requests that the annmticu of the Property into the District set forth hersinabove satisfy the Citys landscape condition to its approval of the Project as referenced in the recitals hereinabove. The landscape maintenance and easement arena to be administered and maintained by the district are shown on the attached I -and cape Maintenance District Map. Owner's jam -7� ( Newhall Landtadtar–nLi"g) C�om' pany 2i�— F4'1 0 9-1 ("U;4 It IJ �A DF��N 4LI2.1 Of C [#19;'% -,4 VA DI 1-1 NED: CUWW\P�U�ned SANTA CLARITA Landscape Maintenance District Annexation into Areawide District No. T1 A.P.N.: TRACT NO. 52206 No. Of Units: 76 Avignon OWNER OF RECORD: Newhall Land and Farm The property is currently located within the boundaries of Areawide District No. 1 (��S: I approve of the proposed landscape maintenance district assessment rate of $47.45 times a factor of 3, on the parcel(s) identified on this ballot. The $47.45 assessment is to be calculated at a rate of 3 times per unit. The total annual assessment per unit is $142.35. The total assessment for the whole project is $25,053. The assessment may be adjusted annually by the cost of living based on a factor calculated by using the County of Los Angeles Consumer Price Index (CPI). NO: I do not approve of the proposed landscape assessment of $142.35 on the parcel(s) identified on this ballot. I hereby declare, under penalty of perjury, that I am the record owner, or the authorized representative of the record owner, of the parcel identified above. -)� 6=r W, 1-4 A Nam " ili-; V A- L�--� C. 1-' L- J A -0 City, State, Zip /9 �/O/ /'q Z Date ' ALL SIGNATURES TO BE NOTARIZED: cbstma \ balIT2 I. doc �'4 F�l a.�" 1A) 4 Cc "n /"' separately and upon annexation will be included in the designation of the Santa a Clarita Landscape Maintenance District No. TI 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 light 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 27" day of April 1999 at the hour of 7 p.m., or as soon thereafter as possible, in the City Council Chamber at 23920 Valencia Boulevard, 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 purguant to the Right to Vote On Taxes Act. 8. The City Clerk shall certify to the adoption of this Resolution PASSED, APPROVED AND ADOPTED this 9th dayof March '1999. Ml�'O-R ATTEST: 'x CA-b-� CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA L 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 ()t -.b day of March 19 99 by the following vote of Council: AYES: COUNCILMEMBERS: Klajic, Heidt, Ferry, Weste, Darcy NOES: COUNCILMEMBERS: Nong ABSENT: COUNCILMEMBERS: None CITY CLERK NED:1tk Pr/districtlavigreso.doe