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HomeMy WebLinkAbout2000-11-28 - AGENDA REPORTS - SMD 1 ANNEX 2000-L16 L18 L19 (4)PUBLIC HEARING DATE: SUBJECT: DEPARTMENT: CITY OF SANTA CLARITA AGENDA REPORT City Manager Approvf Item to be presented November 28, 2000 APPROVAL OF THE ANNEXATION OF TERRITORIES AND THE LEVY OF ASSESSMENTS FOR SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1: ANNEXATION NO. 2000-1,16, PARCEL MAP NOS. 18400, 18789, 19163, AND 19164 ANNEXATION NO. 2000-L18, PARCEL MAP NO. 24694 ANNEXATION NO. 2000-1,19,26971 FURNIVALL AVENUE Transportation and Engineering Services C •uu ►It 1 •� City Council conduct a public hearing and adopt three resolutions approving the annexation of territories, Annexation Nos. 2000-1,16, 2000-1,18, and 2000-1,19, and the levy of assessments for Santa Clarita Streetlight Maintenance District No. 1. As a condition of the approval: Parcel Map Nos. 18400, 18789, 19163, and 19164, located in the vicinity of Newhall Ranch Road and Avenue Stanford, streetlight improvements are required. The Newhall Land and Farming Company, a Limited Partnership, and I.C.W. Valencia L.P, hereinafter referred to as the "Developers," have agreed to install or provide funds for all the necessary streetlight improvements as required as a condition of the approval of the parcel maps. The Developers have signed petitions requesting the annexation of this streetlight maintenance into Santa Clarita Streetlight Maintenance District No. 1 as Annexation No. 2000-1,16. Parcel Map No. 24694, located in the vicinity of Sew Canyon Road and Copper Hill Drive, streetlight improvements are required. The Newhall Land and Farming Company, a Limited Partnership, hereinafter referred to as the "Developer," has agreed to install or provide funds for all the necessary streetlight improvements as required as a condition of the approval of Parcel Map No. 24694. The Developer has signed a petition requesting the annexation of this streetlight maintenance into Santa Clarita Streetlight Maintenance District No. 1 as Annexation No. 2000-L18. AdOp Bul - os o -16,S- OD - IsG Assanda Item: APPROVAL OF THE ANNEXATION OF TERRITORIES INTO SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1 ANNEXATION NOS. 2000 -L16,2000 -L18, AND 2000-L19 November 28, 2000 — Page 2 The project on 26971 Furnivall Avenue, located in the vicinity of Soledad Street and Furnivall Avenue, streetlight improvements are required. Pacific Bell, a Pacific Telesis Company, hereinafter referred to as the "Developer," has agreed to install or provide funds for all the necessary streetlight improvements as required as a condition of the approval of the project on 26971 Furnivall Avenue. The Developer has signed a petition requesting the annexation of this streetlight maintenance into Santa Clarita Streetlight Maintenance District No. 1 as Annexation No. 2000-1,19. The above annexations will provide for the continued maintenance of these improvements after they are installed and accepted by the City. On November 28, 2000, the City Council considered adoption of three resolutions to initiate proceedings for the annexation of territories into the existing streetlight district. At that time, the Developers provided the City a signed and notarized petition and an assessment ballot giving their approval to the annexation of their property into the District. By signing the petition, the Developers have waived the time period for holding the public hearing, the noticing and the right to majority protest at the public hearing, and have submitted an assessment ballot in favor of the annexation. Thus, the public hearing for the annexation can be held on the same date as the consent calendar item initiating the annexation. It is estimated that the improvements will be accepted after November 28, 2000. The three respective resolutions annex: • Parcel Map Nos. 18400, 18789, 19163, and 19164 into Streetlight Maintenance District No. 1 as Annexation No. 2000-L16. The proposed annual lighting maintenance assessment is $250.00 per parcel for 20 proposed parcels, for a total assessment of $5,000.00. Parcel Map No. 24694 into Streetlight Maintenance District No. 1 as Annexation No. 2000-L18. The proposed annual lighting maintenance assessment is $750.00 per parcel for each of three proposed parcels, for a total of $2,250.00. • 26971 Furnivall Avenue into Streetlight Maintenance District No. 1 as Annexation No. 2000-1,19. The proposed annual lighting maintenance assessment is $100.00 per parcel for two parcels, for a total assessment of $200.00. The above annexations of territories are in compliance with Proposition 218. APPROVAL OF THE ANNEXATION OF TERRITORIES INTO SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1 ANNEXATION NOS. 2000-L16,2000-1,18, AND 2000-L19 November 28, 2000 — Page 3 ALTERNATIVE ACTIONS 1. Do not approve the annexations. 2. Other action as determined by the City Council. FISCAL IMPACT The annexation of these territories will ensure collection of future assessments from these properties. These annexations will provide for the continued maintenance of these improvements. ATTACHMENTS Three Resolutions Approving the Annexation of Territory Exhibit "A!'— Three Location Maps Three Respective Engineer's Reports (available in the City Clerk's reading file) AY:lkl .d1\L16&I8&19ph.d. CITY OF SANTA CLARITA NOTICE OF A PUBLIC HEARING TO CONSIDER THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS WITHIN SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1 NOTICE IS HEREBY GIVEN: A public hearing will be held before the City Council of the City of Santa Clarita to consider the approval of the annexation of territory and the levy of assessments within Santa Clarita Streetlight Maintenance District No. 1, as Annexation No. 2000-L16 (Parcel Map Nos. 18400, 18789, 191,63, and 19164), Annexation No. 2000-1,18 (Parcel Map No. 24694), and Annexation No. 2000-1,19 (26971 Furnivall Avenue). The hearing will be held by the City of Santa Clarita City Council in the City Hall Council Chambers, 23920 Valencia Boulevard, First Floor, on the 28th day of November 2000, at or after 6:30 p.m. The City Council, pursuant to the Landscaping and Lighting Act of 1972 being a Division of the Streets and Highways Code of the State of California (the "Act"), desires to annex the territory and to levy assessments within Santa Clarita Streetlight Maintenance District No. 1. Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the Transportation & Engineering Services Department at 23920 Valencia Boulevard, Suite 300, Santa Clarita, California 91355. If you wish to challenge this action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Council, at, or prior to the public hearing. Sharon L. Dawson, CMC City Clerk City of Santa Clarita Publish November 14, 2000 AY:lkl t dINL16&19&19phno dx 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 THE TERRITORY TO BE KNOWN AS ANNEXATION NO. 2000-1-16 INTO CITY OF SANTA CLARITA STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1 PURSUANT TO THE "LANDSCAPING AND LIGHTING ACT OF 1972" BEING PART 2 OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA A. WHEREAS, the petitioner, I.C.W. Valencia L.P., (hereinafter referred to as the "Developer"), is the sole owner of that certain real property (hereinafter referred to as the "Property") located in the City of Santa Clarita, County of Los Angeles, State of California, (hereinafter referred to as the "City" more particularly described as follows: Legal Description Parcel Numbers: Parcels 1, 2, 3, and 4 of PM 18400 and Parcels 1, 2, 8, and a portion of 7 of PM 18789. Assessor Parcel Number: 2866-034-006, 007, 015 through 018, 025, and 029 Location: between Newhall Ranch Road and Avenue Stanford B. WHEREAS, the owner is developing the property as an industrial development in the City (hereinafter referred to as the "Project"); and C. WHEREAS, in order to provide buildable sites on the Property, grading will be necessary to comply with the Building Code of the City of; and D. WHEREAS, the necessary grading of the Property will cause the need for streetlighting (hereinafter referred to as the "Streetlight Improvements") to be installed by the Developer to a standard acceptable to the City in those certain areas within the Project which are more particularly shown and described on Exhibit "A" attached hereto (hereinafter referred to as the "Improvement Areas"); and E. WHEREAS, these Streetlight Improvements must be maintained, operated, and serviced; and F. WHEREAS, the Developer must provide a means satisfactory to the City for assuming the continued maintenance, operation, and servicing of the Streetlight Improvements; and G. WHEREAS, the Improvement Areas and Streetlight Improvements must be kept clean so as not to compromise the safety of the Streetlight Improvements; and H. WHEREAS, as a condition of the grading and as a condition established for the subdivision of the property into individual lots for the specific benefit and sale subsequent to owners, the developer and/or successors of interest were required to complete the annexation process for inclusion into the City's Streetlight Maintenance District No. 1; and WHEREAS, pursuant to the "Landscaping and Lighting Act of 1972", being Part 2 of Division 15 of the Streets and Highways Code of the State of California, the City may establish a Streetlight Maintenance Assessment District to provide for continued maintenance, operation and servicing of the Streetlight Improvements, and for the payment of the costs and expenses incurred for such maintenance, operation, and servicing; and J. WHEREAS, the Right to Vote on taxes Act, (hereinafter referred to as the "Act") which added Articles XIIIC and XIIID to the California Constitution requires among other things that all new assessments must comply with the Act; and K. WHEREAS, the Act also requires that the City Council conduct a public hearing not less than 45 days after mailing a notice of the proposed assessment to record owners of each parcel which will have a special benefit conferred upon them and upon which an assessment will be imposed; and L. WHEREAS, the California Civil Code, Section 3513, allows anyone to waive the advantage of a law intended solely for their benefit; and M. WHEREAS, the 45 day period before the conduct of the public hearing is not established for a public reason but solely for the advantage of the parcels having a special benefit conferred upon them and which an assessment will be imposed; and N. WHEREAS, the proposed assessments upon the property and the parcels to be created will be for the special benefit to be received by the property and from the improvements; and O. WHEREAS, the Developer is one of two owners of real property to be benefited by the Streetlight Improvements, and the maintenance, operation, and servicing thereof within the proposed District; and P. WHEREAS, the Act does not prohibit a waiver of the 45 day noticing period. NOW, THEREFORE, in furtherance of the foregoing recitals, the developer does hereby petition the City as follows: In order to assure continued maintenance, operation, and servicing of the Streetlight Improvements, and payment of the cost and expenses incurred for such maintenance, operation, and servicing, the Developer hereby requests that the City annex the Property into City of Santa Clarita Streetlight Maintenance Assessment District No. 1 pursuant to the "Landscaping and Lighting Act of 1972" being Part 2 of Division 15, of the Streets and Highways Code of the State of California. 2. The Developer requests that the territory to be annexed onto the City of Santa Clarita Streetlight Maintenance Assessment District No. 1 consist of all the property referenced in paragraph A of the recitals hereinabove. The total annual assessment shall be divided among the parcels of the Property in accordance with benefit received. Such assessment may be increased annually by an amount corresponding to the increase on the Consumer Price Index (CPI), all Urban Consumers for the Los Angeles -Anaheim - Riverside area. If the assessment is not increased by a CPI in some years, the amount may be increased in subsequent years by an amount corresponding to the cumulative increases in the CPI. 3. The Developer hereby waives all statutory notices and rights of majority protests by interested property owners in the Proposed Annexation per Section 22608 of the Streets and Highways Code. 4. The Developer hereby waives all statutory, notice periods per the Act. 5. In consideration of the approval of the Annexation into the District by the City, the Developer hereby proposes as follows: (a) To install Streetlight Improvements (including, but not limited to, all appurtenances as may be reasonably required by the City; (b) To bear all costs to complete the construction or other installation of the Streetlight Improvements on those portions of the Property to the reasonable satisfaction of the City; (c) To consent to the Annexation into the District; (d) To consent to, and cast a ballot authorizing the levy of assessments against the Property in an amount reasonably determined by the City to cover all costs and expenses incurred for the continued maintenance, operation, and servicing of the Streetlight Improvements (e) To pay the assessments levied against the Property for the first fiscal year in which they are levied prior to the submittal to the City Council of any associated final subdivision map. DEVELOPER/OWNER I.C.W. Valencia L.P., A California Limited Partnership ALL SIGNATURES TO BE NOTARIZED CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of (i0129 r ss. J On 2s"C7Ci before me, Date /I __''__ ^ /_ Name an l Tide of Olficer (e.g., "Jane Doe, Notary Public") personally appeared d�1 n �Ytailf���F.0 W Personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personX whose nameX is/aW subscribed to the within instrument and acknowledged to me that he/OJttfy3i'executed the same in hisftAVttDadP authorized capacity(ioM, and that by his/Ij@r/fir signatureW on the instrument the person(* or the entity upon behalf of which the person(4r acted, executed the instrument. WI TNE my and and official seal. _ lel cri�-r ciC.� Place Notary Seal Above Signature of Notary Public OPTIONAL Though the Information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —E] Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 0 1997 National Notary Association • 9360 De Solo Ave., P.O. Boz 2402 • Chatsworth, CA 91313-2402 Prod. No. 8907 Reorder: Cell Toll -Free 1.600-878.6827 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 THE TERRITORY TO BE KNOWN AS ANNEXATION NO. 2000-1-16 INTO CITY OF SANTA CLARITA STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1 PURSUANT TO THE "LANDSCAPING AND LIGHTING ACT OF 1972" BEING PART 2 OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA WITNESSETH: A. WHEREAS, the petitioner, Newhall Land and Farming Company, A California Limited Partnership, (hereinafter referred to as the "Developer"), is the sole owner of that certain real property (hereinafter referred to as the "Property") located in the City of Santa Clarita, County of Los Angeles, State of California, (hereinafter referred to as the "City" more particularly described as follows: Legal Description Parcel Numbers: Parcels 1 and 2 of PM 19163, Parcels 3 through 6 and a portion of 7 of PM 18789, and Parcels 1 through 5 of PM 19164 Assessor Parcel Number: 2866-035-001 & 002; 2866-034-004 & 005, 008 & 009, 020, 023, 026, 027, 028, and 030 Location: between Newhall Ranch Road and Avenue Stanford B. WHEREAS, the owner is developing the property as an industrial development in the City (hereinafter referred to as the "Project'); and C. WHEREAS, in order to provide buildable sites on the Property, grading will be necessary to comply with the Building Code of the City of; and D. WHEREAS, the necessary grading of the Property will cause the need for streetlighting (hereinafter referred to as the "Streetlight Improvements") to be installed by the Developer to a standard acceptable to the City in those certain areas within the Project which are more particularly shown and described on Exhibit "A" attached hereto (hereinafter referred to as the "Improvement Areas"); and E. WHEREAS, these Streetlight Improvements must be maintained, operated, and serviced; and F. WHEREAS, the Developer must provide a means satisfactory to the City for assuming the continued maintenance, operation, and servicing of the Streetlight Improvements; and G. WHEREAS, the Improvement Areas and Streetlight Improvements must be kept clean so as not to compromise the safety of the Streetlight Improvements; and H. WHEREAS, as a condition of the grading and as a condition established for the subdivision of the property into individual lots for the specific benefit and sale subsequent to owners, the developer and/or successors of interest were required to complete the annexation process for inclusion into the City's Streetlight Maintenance District No. 1; and WHEREAS, pursuant to the "Landscaping and Lighting Act of 1972", being Part 2 of Division 15 of the Streets and Highways Code of the State of California, the City may establish a Streetlight Maintenance Assessment District to provide for continued maintenance, operation and servicing of the Streetlight Improvements, and for the payment of the costs and expenses incurred for such maintenance, operation, and servicing; and J. WHEREAS, the Right to Vote on taxes Act, (hereinafter referred to as the "Act") which added Articles XIIIC and XIIID to the California Constitution requires among other things that all new assessments must comply with the Act; and K. WHEREAS, the Act also requires that the City Council conduct a public hearing not less than 45 days after mailing a notice of the proposed assessment to record owners of each parcel which will have a special benefit conferred upon them and upon which an assessment will be imposed; and L. WHEREAS, the California Civil Code, Section 3513, allows anyone to waive the advantage of a law intended solely for their benefit; and M. WHEREAS, the 45 day period before the conduct of the public hearing is not established for a public reason but solely for the advantage of the parcels having a special benefit conferred upon them and which an assessment will be imposed; and N. WHEREAS, the proposed assessments upon the property and the parcels to be created will be for the special benefit to be received by the property and from the improvements; and O. WHEREAS, the Developer is one of two owners of real property to be benefited by the Streetlight Improvements, and the maintenance, operation, and servicing thereof within the proposed District; and P. WHEREAS, the Act does not prohibit a waiver of the 45 day noticing period. NOW, THEREFORE, in furtherance of the foregoing recitals, the developer does hereby petition the City as follows: In order to assure continued maintenance, operation, and servicing of the Streetlight Improvements, and payment of the cost and expenses incurred for such maintenance, operation, and servicing, the Developer hereby requests that the City annex the Property into City of Santa Clarita Streetlight Maintenance Assessment District No. 1 pursuant to the "Landscaping and Lighting Act of 1972" being Part 2 of Division 15, of the Streets and Highways Code of the State of California. 2. The Developer requests that the territory to be annexed onto the City of Santa Clarita Streetlight Maintenance Assessment District No. 1 consist of all the property referenced in paragraph A of the recitals hereinabove. The total annual assessment shall be divided among the parcels of the Property in accordance with benefit received. Such assessment may be increased annually by an amount corresponding to the increase on the Consumer Price Index (CPI), all Urban Consumers for the Los Angeles -Anaheim - Riverside area. If the assessment is not increased by a CPI in some years, the amount may be increased in subsequent years by an amount corresponding to the cumulative increases in the CPI. 3. The Developer hereby waives all statutory notices and rights of majority protests by interested property owners in the Proposed Annexation per Section 22608 of the Streets and Highways Code. 4. The Developer hereby waives all statutory, notice periods per the Act. 5. In consideration of the approval of the Annexation into the District by the City, the Developer hereby proposes as follows: (a) To install Streetlight Improvements (including, but not limited to, all appurtenances as may be reasonably required by the City); (b) To bear all costs to complete the construction or other installation of the Streetlight Improvements on those portions of the Property to the reasonable satisfaction of the City; (c) To consent to the Annexation into the District; (d) To consent to, and cast a ballot authorizing the levy of assessments against the Property in an amount reasonably determined by the City to cover all costs and expenses incurred for the continued maintenance, operation, and servicing of the Streetlight Improvements (e) To pay the assessments levied against the Property for the first fiscal year in which they are levied prior to the submittal to the City Council of any associated final subdivision map. DEVELOPER/OWNER Newhall Land and Farming Company (A California Limited Partnership) Owners Name: Date:__(_[LBLW ALL SIGNATURES TO BE NOTARIZED STATE OF CALIFORNIA ) S.S. COUNTY OF LOS ANGELES On July 18, 2000, before me, Karen J. Novak, a Notary Public, in and for said County and State, personally appeared Thomas E. Dierckman personally known to me ( ) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he4he4hey executed the same in hisAhev heir authorized capacity(ies), and that by his�her/tlair signature(&) on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. 1 -1 -Moons i BALLOT SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1, ANNEXATION NO. 2000-1-16 TENTATIVE PARCEL MAP 13218 A.P.N. 2866-034-006 2866-034-007 2866-034-015 through 018 2866-034-025 2866-034-029 OWNER OF RECORD: I.C.W. Valencia L.P., a California Corporation DES- I approve of the proposed streetlight maintenance assessment of $250.00 on each of the eight parcels identified on this ballot for a total of $2,000 for the annexation. The assessment may be adjusted annually by the cost of living based on a factor calculated by County of Los Angeles Consumer Price Index (CPI). NO: I do not approve of the proposed streetlight maintenance assessment of $250.00 on each of the eight parcels identified in this ballot for a total of $2,000 for the annexation. I hereby declare, under penalty of perjury, that I am the record owner, or the authorized representative of this record owner, of the parcel identified above. Si Lure of record owner or Date a Tho ized representative CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of c _ 0 County of 171eD On��Lo�OL7 before me, i') '�dA.4y1(� ate t I ^ Name end Title Of Officer (e.g., 'Jane Doe, Notary Pubiie) ' personally appeared personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person('!,)/ whose nameVis/subscribed to the within instrume t and acknowledged to me that hellikqlArexecuted the same in his/filsf/tivrr authorized capacity(bo,, and that by his/her/their signatures on the instrument the person(3—, or the entity upon behalf of which the person -acted, KRISTIN N. SCHMI[Yr executed the instrument. Commission M 1218655 NotayKaln- California 1 WITNESS my hand and official seal. San Diego County ir 1%MyComtn.BpkwMciy9.2003F Signature of Notary Public OPTIONAL Though the Information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: u ■ B Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT • OF SIGNER Signer's Name: ■ Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER •_...— w. , .— wn "'N n v .e ". Prod. Na. 5907 Reorder Cell Taff -Free 1.800-879.5527 BALLOT SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1, ANNEXATION NO. 2000-1-16 TENTATIVE PARCEL MAP 13218 A.P.N. 2866-035-001 2866-035-002 2866-034-005 2866-034-008 2866-034-009 2866-034-020 2866-034-023 2866-034-026 through 2866-034-028 2866-034-030 OWNER OF RECORD: Newhall Land and Farming Company, (A California Limited Partnership) ES: DI approve of the proposed streetlight maintenance assessment of $250.00 on each of the IMEarcels identified on this ballot for a total of $3,000 for the annexation. The assessment may be adjusted annually by the cost of living based on a factor calculated by County of Los Angeles Consumer Price Index (CPI). NO: I do not approve of the proposed streetlight maintenance assessment of $250.00 on each of theaiqW parcels identified in this ballot for a total of $3,000 for the annexation. I hereby declare, under penalty of perjury, that I am the record owner, or the authorized representative of this r cord owner, of the parcel identified above. l9' -00 Sign re of record owner or Date authorized representative STATE OF CALIFORNIA COUNTY OF LOS ANGELES ACKNOWLEDGEMENT June 26, 2000, before me, Renate Hahn, the undersigned notary, personally appeared Tom Cole, personally known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal. RENATE HAHN fl COMM. #1211105 ;i NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY My Comm. hpim Feb. 21, 2003 �l win\"rd\ack.doc 4 9e6 44r&-� Renate Hahn NOTARY PUBLIC 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 THE TERRITORY TO BE KNOWN AS ANNEXATION NO. 2000-L18 INTO CITY OF SANTA CLARITA STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1 PURSUANT TO THE "LANDSCAPING AND LIGHTING ACT OF 1972" BEING PART 2 OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA WITNESSETH: A. WHEREAS, the petitioner, Newhall Land and Farming Company, A California Limited Partnership, (hereinafter referred to as the "Developer"), is the sole owner of that certain real property (hereinafter referred to as the "Property") located in the City of Santa Clanta, County of Los Angeles, State of California, (hereinafter referred to as the "City" more particularly described as follows: Legal Descriotion Parcel Number: Tentative Parcel Map 24694 Assessor Parcel Number: 2824-001-001, 3244-108-001 and 003 Location: at the intersection of Copper Hill Drive and Seco Canyon Road B. WHEREAS, the owner is developing the property as an industrial development in the City (hereinafter referred to as the "Project"); and C. WHEREAS, in order to provide buildable sites on the Property, grading will be necessary to comply with the Building Code of the City of, and D. WHEREAS, the necessary grading of the Property will cause the need for street lighting (hereinafter referred to as the "Streetlight Improvements") to be installed by the Developer to a standard acceptable to the City in those certain areas within the Project which are more particularly shown and described on Exhibit "A" attached hereto (hereinafter referred to as the "Improvement Areas"); and E. WHEREAS, these Streetlight Improvements must be maintained, operated, and serviced; and F. WHEREAS, the Developer must provide a means satisfactory to the City for assuming the continued maintenance, operation, and servicing of the Streetlight Improvements; and G. WHEREAS, the Improvement Areas and Streetlight Improvements must be kept clean so as not to compromise the safety of the Streetlight Improvements; and H. WHEREAS, as a condition of the grading and as a condition established for the subdivision of the property into individual lots for the specific benefit and sale subsequent to owners, the developer and/or successors of interest were required to complete the annexation process for inclusion into the City's Streetlight Maintenance District No. 1; and I. WHEREAS, pursuant to the "Landscaping and Lighting Act of 1972", being Part 2 of Division 15 of the Streets and Highways Code of the State of California, the City may establish a Streetlight Maintenance Assessment District to provide for continued maintenance, operation and servicing of the Streetlight Improvements, and for the payment of the costs and expenses incurred for such maintenance, operation, and servicing; and J. WHEREAS, the Right to Vote on taxes Act, (hereinafter referred to as the "Act") which added Articles XIIIC and XIIID to the California Constitution requires among other things that all new assessments must comply with the Act; and K. WHEREAS, the Act also requires that the City Council conduct a public hearing not less than 45 days after mailing a notice of the proposed assessment to record owners of each parcel which will have a special benefit conferred upon them and upon which an assessment will be imposed; and L. WHEREAS, the California Civil Code, Section 3513, allows anyone to waive the advantage of a law intended solely for their benefit; and M. WHEREAS, the 45 day period before the conduct of the public hearing is not established for a public reason but solely for the advantage of the parcels having a special benefit conferred upon them and which an assessment will be imposed; and N. WHEREAS, the proposed assessments upon the property and the parcels to be created will be for the special benefit to be received by the property and from the improvements; and O. WHEREAS, the Developer is one of two owners of real property to be benefited by the Streetlight Improvements, and the maintenance, operation, and servicing thereof within the proposed District; and P. WHEREAS, the Act does not prohibit a waiver of the 45 day noticing period. NOW, THEREFORE, in furtherance of the foregoing recitals, the developer does hereby petition the City as follows: In order to assure continued maintenance, operation, and servicing of the Streetlight Improvements, and payment of the cost and expenses incurred for such maintenance, operation, and servicing, the Developer hereby requests that the City annex the Property into City of Santa Clarita Streetlight Maintenance Assessment District No. 1 pursuant to the "Landscaping and Lighting Act of 1972" being Part 2 of Division 15, of the Streets and Highways Code of the State of California. 2. The Developer requests that the territory to be annexed onto the City of Santa Clarita Streetlight Maintenance Assessment District No. 1 consist of all the property referenced in paragraph A of the recitals hereinabove. The total annual assessment shall be divided among the parcels of the Property in accordance with benefit received. Such assessment may be increased annually by an amount corresponding to the increase on the Consumer Price Index (CPI), all Urban Consumers for the Los Angeles -Anaheim - Riverside area. If the assessment is not increased by a CPI in some years, the amount may be increased in subsequent years by an amount corresponding to the cumulative increases in the CPI. 3. The Developer hereby waives all statutory notices and rights of majority protests by interested property owners in the Proposed Annexation per Section 22608 of the Streets and Highways Code. 4. The Developer hereby waives all statutory, notice periods per the Act. 5. In consideration of the approval of the Annexation into the District by the City, the Developer hereby proposes as follows: (a) To install Streetlight Improvements (including, but not limited to, all appurtenances as may be reasonably required by the City); (b) To bear all costs to complete the construction or other installation of the Streetlight Improvements on those portions of the Property to the reasonable satisfaction of the City; (c) To consent to the Annexation into the District; (d) To consent to, and cast a ballot authorizing the levy of assessments against the Property in an amount reasonably determined by the City to cover all costs and expenses incurred for the continued maintenance, operation, and servicing of the Streetlight Improvements (e) To pay the assessments levied against the Property for the first fiscal year in which they are levied prior to the submittal to the City Council of any associated final subdivision map. DEVELOPER/OWNER THE NEWHALL LAND AND FARMING COMPANY (A California Limited Partnership) a California limited partnership By: Newhall Management limited Partnership a California limited partnership Managing General Partner By: Newhall Management Corporation a California corporation Managing General Partner 4 STATE OF CALIFORNIA ) S.S. COUNTY OF LOS ANGELES On September 13, 2000, before me, Karen J. Novak, a Notary Public, in and for said County and State, personally appeared Thomas E. Dierckman and Robert A. Mayhew personally known to me ( ) to be the person(s) whose names)—Ware subscribed to the within instrument and acknowledged to me that hegWthey executed the same in4 ism/their authorized capacity (ies), and that by hisAwWtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. BALLOT SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1, ANNEXATION NO. 2000-1-18 TENTATIVE PARCEL MAP 24694 A.P.N. 3244-108-001 3244-108-003 2824-001-001 OWNER OF RECORD: Newhall Land and Farming Company, (A California Limited Partnership) YES: I approve of the proposed streetlight maintenance assessment of $750 on each of the 3 parcels identified on this ballot for a total of $2,250 for the annexation. The assessment may be adjusted annually by the cost of living based on a factor calculated by County of Los Angeles Consumer Price Index (CPI). NO: I do not approve of the proposed streetlight maintenance assessment of $750 on each of the eight! parcels identified in this ballot for a total of $2,250 for the annexation. 1 hereby declare, under penalty of perjury that I am the record owner, or the authorized representative of this record owner, of the parcel identified above. THE NEWHALL LAND AND FARMING COMPANY (A California Limited Partnership) a California limited partnership By: Newhall Management limited Partnership a California limited partnership Managing General Partner By: Newhall Management Corporation a California corporation Managing General Partner Date: 9/13/00 Date: 9/13/00 STATE OF CALIFORNIA ) S.S. COUNTY OF LOS ANGELES On September 13, 2000, before me, Karen J. Novak, a Notary Public, in and for said County and State, personally appeared Thomas E. Dierckman and Robert A. Mayhew personally known to me ( ) to be the person(s) whose names) -Ware subscribed to the within instrument and acknowledged to me that Wshe/they executed the same in-his4/their authorized capacity (ies), and that by his4ier/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. NOVEMBER r. 0 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 CITY OF SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1 PURSUANT TO THE "LANDSCAPING AND LIGHTING ACT OF 1972" BEING PART 2 OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA A. WHEREAS, the petitioner, Pacific Bell, a Pacific Telesis Company, (hereinafter referred to as the "Developer"), is the sole owner of that certain real property (hereinafter referred to as the "Property") located in the City of Santa Clarita, County of Los Angeles, State of California (hereinafter referred to as the "City"), more particularly described as follows: Legal Description: 26971 Furnivall Avenue, in the City of Santa Clarita, County of Los Angeles, State of California, currently known as Assessor Parcel No. 2805-019-018 & 2805-019-800 B. WHEREAS, the owner is developing the Property as an industrial parking lot in the City (hereinafter referred to as the "Project"); and C. WHEREAS, the improvements of the Property will cause the need for streetlights (hereinafter referred to as the "Streetlight Improvements") to be installed by the Developer to a standard acceptable to the City in those certain areas within the Project which are more particularly shown and described on Exhibit "A" attached hereto (hereinafter referred to as the "Improvement Areas"); and D. WHEREAS, these Streetlight Improvements must be maintained, operated, and serviced; and E. WHEREAS, the Developer must provide a means satisfactory to the City for assuring the continued maintenance, operation and servicing of the Streetlight Improvements; and F. WHEREAS, the Improvement Areas and Streetlight Improvements must be kept clean so as not to compromise the safety of the Streetlight Improvements; and G. WHEREAS, as a condition established for the development of the Property for the specific benefit and sale to subsequent owners, the Developer and/or successors of interest is required to complete the annexation process for inclusion into the City's Streetlight Maintenance District No. 1; and H. WHEREAS, pursuant to the "Landscaping and Lighting Act of 1972," being Part 2 of Division 15 of the Streets and Highways Code of the State of California, the City may establish a Streetlight Maintenance District to provide for the continued maintenance, operation, and servicing of the Streetlight Improvements, and for the payment of the costs and expenses incurred for such maintenance, operation, and servicing; and I. WHEREAS, the Right to Vote on Taxes Act (hereinafter referred to as the "Act"), which added Articles XIII C and XIII D to the California Constitution, requires among other things that all new assessments must comply with the Act; and J. WHEREAS, the Act also requires that the City Council conduct a public hearing not less than 45 days after mailing a notice of the proposed assessment to record owners of each parcel which will have a special benefit conferred upon them and upon which an assessment will be imposed; and K. WHEREAS, the California Civil Code, Section 3513, allows anyone to waive the advantage of a law intended solely for their benefit; and L. WHEREAS, the 45 -day period before the conduct of the public hearing is not established for a public reason but is solely for the advantage of the parcels having a special benefit conferred upon them and which an assessment will be imposed; and M. WHEREAS, all of the benefit is a special benefit to the Property and the parcels to be created; and N. WHEREAS, the proposed assessments upon the Property and the parcels to be created will be for the special benefit to be received by the Property from the improvements; and O. WHEREAS, the Developer is the owner of the real property to be benefited by the Streetlight Improvements, and the maintenance, operation, and servicing thereof; and P. WHEREAS, the Act does not prohibit a waiver of the 45 -day noticing period. 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 Streetlight 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 into the City of Santa Clarita Streetlight Maintenance District No. 1 pursuant to the "Landscaping and Lighting Act of 1972" being Part 2 of Division 15 of the Streets and Highways Code of the State of California. 2. The Developer requests that the territory to be annexed into the City of Santa Clarita Streetlight Maintenance District No. 1 consists of all of the property referenced in Paragraph A of the recital hereinabove. The total annual assessment shall be divided among the parcels of the Property in accordance with benefit received. Such assessment may be increased annually by an amount corresponding to the increase in the Consumer Price Index (CPI), all Urban Consumers for the Los Angeles -Anaheim -Riverside area. If the assessment is not increased by a CPI in some years, the amount may be increased in subsequent years by an amount corresponding to the cumulative increases in the CPI. 3. As the owner of all of the real property to be placed into the District, the Developer hereby waives all statutory notices of hearings and rights of majority protests by interested property owners in the proposed Annexation per Section 22608 of the Streets and Highways Code. 4. As the owner of all of the real property, which receives a special benefit and is the only property proposed to be assessed for the special benefit, the Developer hereby waives all statutory notice periods per the Act. b. In consideration of the approval of the Annexation into the District by the City, the Developer hereby proposes as follows: a. To install Streetlight Improvements (including, but not limited to, all appurtenances as may be reasonably required by the City); b. To bear all costs to complete the construction or other installation of the Streetlight Improvements on those portions of the Property to the reasonable satisfaction of the City; C. To consent to the Annexation into the District; d. To consent to and cast a ballot authorizing the levy of assessments against the Property in an amount reasonably determined by the City to cover all costs and expenses incurred for the continued maintenance, operation, and servicing of the Streetlight Improvements; e. To pay the assessments levied against the Property for the first fiscal year in which they are levied prior to the submittal to the City Council of any associated final subdivision map. r OWNER OF RECORD: Pacific Bell, a Pacific Telesis Company Sibiafuieof record owWor Date authorized representative ALL SIGNATURES TO BE NOMARIZED BALLOT SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT No. 1 ANNEXATION No. 2000-L19 Assessor Parcel Number: 2805-019-018 & 2805-019-800 Location: 26971 Furnivall Avenue OWNER OF RECORD: Pacific Bell, a Pacific Telesis Company YES: I approve of the proposed annual lighting maintenance assessment of $100.00 on each of the parcel(s) identified on this ballot. 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 annual lighting maintenance assessment of $100.00 on each of 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 parcels identified above. *fiiture of record , er or authorized representative 9 Date A N VICINITY MAF m SME CITY OF SANTA CLARITA CALIFORNIA 26971 Fucnivall Avenue ANNEXATION NO. 2000-L19 STREETLIGHT MAINTENANCE DISTRICT NO.1 SOLEDAD ST KEY MAP NO SCALE PROPOSED ANNEXATION NO. 2DOO-L19 BOUNDARY A N The City of Santa Claim does not wemnt the atzmaey of the data end asEmnes m liability for any corms or omissions Road netwodt property of SOL DAD O(ON RD Tlima Maps. all rights r asetved G6 Division, City of Sanm Clatita. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of eajuO7m t,ec. County of A.2'Z"a4:�L No. 5907 On Oc4ta2 I ,n r, — before m42 DATE g&�NAMETITL �CER-E.G.,' EDOENOT�A` personally appeared A4re.4s Z_ T Z4MANree , /97d.e,A6-e� )?personally known to me - to be the personX whose name) us'/aTe- subscribed to the within instrument and ac- knowledged to me that a/eTetthey executed the same in (Y§/heritheh authorized capacity(tW, and that by &/Ju t! IiuN�N signature CarnrdsdMf 12'5 W og on the instrument the person(s), NiftglAb6a—C ifforntaor the entity upon behalf of which the LCS-Anado Cmxdy -1 A9 I`A'CtrmL persones) acted, executed the instrument. WITNESS my hand and official seal. &je�01 (./ SFGNATUTIE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED 1:1 GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 ale ANNEXATION NO. 2000 STREETLIGHT MAINTENANCE DISTRICT NO. Exhibit "N' N 900 0 100 Fit "srir s • ' : � . f ::: The City of Sang Clanta does not warrant the accuracy of the data andassumes no hability, for any errors or ornissions. Parcel data: Copyright 9999, County of Los Angeles & Digital Vmp Products fDMPy. Ail rights- reserved. The data herein es the proprietary property of the Conn -y of Los Angeles & DMP supplied under license and may not be reproduced except as Iicansed by the County of Los Angeles & DIMP. Pamol Inforrnateon Is provided by the Office of the Loa Angaios County Assesor. Los Angaies County & DMI? assumes no ElabiWty for ary errors of omission in such Inforrnation. Map prepared by GCS Division City of Santa clarity ® TI ® Liu W STREETLIGHT 1 T DISTRICT NO. 1 Exhibit "'N" N 100 0 100 FW 'Vire City of Santa Cianta does not erarrant the accuracy of the data and assumes no liability for any errors or onasseons. Varoel data: Copyright 9999, County of Los Angeles & Digital falap Products (OVIP). ACI rights resarved. The data herein is the proprietary property of the County of Los Angeles A DMPP supplied under license and may not be reproduced except as licensed by the County of Los Angeles 3 DMP. Parcel infomaathon is provldad try the Wise of the Lee Ange es County Asssesor. Los Angeles County & DMP assumed no liability for dry errors of orrission in such information. fv4ays prepared by GISDivision City of Santa Ciarita