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HomeMy WebLinkAbout2001-06-26 - AGENDA REPORTS - SMD L28 29 30 (5)CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING DATE: June 26, 2001 City Manager Appro-, Item to be presented SUBJECT: APPROVAL OF THE ANNEXATION OF TERRITORIES AND THE LEVY OF ASSESSMENTS FOR SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1: • ANNEXATION NO. 2001-L28, TRACT 44965, IN THE VICINITY OF SHANGRI-LA DRIVE AND NATHAN HILL ROAD • ANNEXATION NO. 2001-L29, TRACT 52673-02, RYE CANYON BUSINESS CENTER • ANNEXATION NO. 2001-1,30, TRACT NO. 45416, IN THE VICINITY OF SIERRA HIGHWAY AND SCHERZINGER LANE DEPARTMENT: Transportation & Engineering Services RECOMMENDED ACTION City Council conduct a public hearing and adopt three resolutions approving the annexation of territories and the levy of assessments for Santa Clarita Streetlight Maintenance District No. 1 for Annexation Nos. 2001-L28, 2001-L29, and 2001-1,30. As a condition of the approval: • For Tract No. 44965, in the vicinity of Shangri-La Drive and Nathan Hill Road, streetlight improvements are required. WL Homes, LLC, a California Limited Partnership, hereinafter referred to as the "Developer," has agreed to install or provide funds for all necessary streetlight improvements as required as a condition of the approval of Tract No. 44965. The Developer has signed a petition requesting the annexation of this streetlight maintenance into Santa Clarita Streetlight Maintenance District No. 1 as Annexation No. 2001-L28. • For Tract No. 52673-02, at Rye Canyon Business Center, streetlight improvements are required. Legacy Partners, a California Limited Partnership, hereinafter referred to as the "Developer," has agreed to install or provide funds for all necessary streetlight improvements as required as a condition of the approval of Tract No. 52673-02. The Developer has signed a petition requesting the annexation of this streetlight maintenance into Santa Clarita Streetlight Maintenance District No. 1 as Annexation No. 2001-1,29. A,&". pl-(Oq A V Adcpted:RLza- D 1 -76 ;19- Agenda Item Psa,a 0l -?I 3 D APPROVAL OF THE ANNEXATION OF TERRITORIES AND THE LEVY OF ASSESSMENTS FOR SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1: ANNEXATION NOS. 2001-L28, L29, AND L30 June 26, 2001— Page 2 • For Tract No. 45416, in the vicinity of Sierra Highway and Scherzinger Lane, streetlight improvements are required. Pardee Construction Company, a California Limited Partnership, hereinafter referred to as the "Developer," has agreed to install or provide funds for all necessary streetlight improvements as required as a condition of the approval of Tract No. 45416. The Developer has signed a petition requesting the annexation of this streetlight maintenance into Santa Clarita Streetlight Maintenance District No. 1 as Annexation No. 2001-1,30. The above annexations will provide for the continued maintenance of these improvements after they are installed and accepted by the City. By signing the petition, the Developers have waived the noticing and 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 items initiating the annexation. It is estimated that the improvements will be accepted after June 26, 2001. The funds for maintenance costs will be collected on the Fiscal Year 2001/2002 Tax Roll. The resolutions declare the City's intention to annex Tract Nos. 44965, 52673-02, and 45416 into Streetlight Maintenance District No. 1 as Annexation Nos. 2001-L28, 2001-L29, and 2001-L30. The total proposed annual assessment for: • Annexation No. 2001-L28 is $50.00 per equivalent dwelling unit. • Annexation No. 2001-1,29 is $250.00 per equivalent unit. • Annexation No. 2001-L30 is $50.00 per equivalent dwelling unit. Currently, there are 8 parcels for Annexation No. 2001-L28, 21 parcels for Annexation No. 2001-L29, and 5 parcels for Annexation No. 2001-L30. The formation of this District is in compliance with Proposition 218. ALTERNATIVE ACTIONS 1. Do not approve the annexation. 2. Other direction as determined by the City Council. FISCAL IMPACT These annexations will provide funding for the maintenance of the streetlighting for Tract Nos. 44965, 52673-02, and 45416, and all subsequent tracts within these annexations' boundaries. The estimated revenues collected from these annexations for annual maintenance will be $19,400.00. ATTACHMENTS Three Resolutions Approving the Annexation of Territory Exhibit "A" - Location Maps Three Engineer's Reports (available in the City Clerk's reading file) GDP:tw ...61\L28, L29, L30 PHA. CITY OF SANTA CLARITA NOTICE OF A PUBLIC HEARING PUBLIC HEARING NOTICE IS HEREBY GIVEN: A public hearing will be held before the City Council of the City of Santa Clarita in the Council Chambers (first floor), 23920 Valencia Boulevard on June 26, 2001, at or after 6:00 p.m. The public hearing will be held to consider the approval of the annexation of territories and the levy of assessments within Santa Clarita Streetlight Maintenance District No. 1, as Annexation No. 2001-L28, Tract No. 44965, located in the vicinity of Shangri-La Drive and Nathan Hill Road; Annexation No. 2001-1,29 located at Rye Canyon Business Center; and Annexation No. 2001-1,30, Tract No. 45416, located in the vicinity of Sierra Highway and Scherzinger Lane. 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 Andrew Yi at (661) 255-4326, Engineering Department, 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. Dated: June 6, 2001 Sharon L. Dawson, CMC City Clerk Publish Date: June 15, 2001 GDP:tw W—WNL22, L29, L20 Notim of PH.d. 05/24/2001 15:54 FAX 661 2543538 CITY OF SANTACLARITA ENG IM002 ETLIGHT MAINTENANCE DISTRICT No. I SANTA CLA UTAS F,gp,TION No. 2001-L28 2903023030, 033, 040, 041, 042, 044, and Assessor parcel Number's: 2803040002, 003, 011. Tract 44966 - Lot NO'S 5, 8,12,13,14,15,16,18 and 24 Location: Santa Clarita, Ca 91351 OWNER OF RECORD: WL Homes annual streetlight maintenance assessment of $50 on each I approve of the proposed 5 450.00 for the annexation, of the parcel or lot identified on this ballot, a total' $ , nt may be adjusted annually by the cost of living based on a factor The assessme the County of Los Angeles Consumer Price Index (CPA. calculated by uainB of I do not approve of the proposed annual streetlight maintenance 450assessment the NO Parcel or lot identified on this ballot, a total of $5, $60 on each of the annexation. I am the record owner or the authorize under penalty of perjury, I hereby declare, owner of the parcel identified above. representative of the record own I L4 Date Signature of record owner or Authorized representative 05/24/2001 15:54 FAX 661 2543538 CITY OF SANTACLARITA ENG LFMM EEMXM T COUNTY CITY OF SANTA CLARS A, A PETITION TO THE CITY COUNCIL OF THE PETIT SAID COUNCIL TO OF BE ENOWN LOS ANGELES, STATE OF CALIFORN TION OF TERRITORYTATS,I,REE,GHT INITIATE PROCEEDINGS FOR THE AN CITY OF � AIiECL �DSCAPING AND AS TION NO. 2001-L28 INTO UANT STREETS AND E MAINTENANCE DISTRICT NO. 1 T DIVISION 15 OF THE LIGHTING ACT OF 1972" BEING 0�,IOFORIVIA HIGHWAYS CODE OF THE the petitioner, WL Homes �G a California Limited REAS ereinafter referred to as the "DeveloPer")' the sole owner o A. �1V rt the "Property') located Partnership(h eal property (hereinafter referred Anglea, State of California that certain of Santa Clarita, County of Los in the City ore articularly described as follows: (hereinafter referred to as the "City"), m P vtion: in the City of Santa Clarita1 County 3_ Los Angeles, State of California, 044, nd Tract tly known 033, 040, 041, 042, currently 003, Assessor Parcel No.'s 2803-023-03 , 2803-040-002, the Property as a public utility lot in B. WHEg,EAS, the owners are developingtd the City (hereinafter referred to as the 'Prod will cause the need for mente of the Property C. WHEREAS, the improvethe "Streetlight improvements") to be installed by he Project streetlights (hereinafter referred tabalse to the City in those certain areas atttaacched hereto r to a standard accep d described on Exhibit "A" the Develops articularly shown an which are more P rovemaut Areas"); and (hereinafter referred to as the "Imp maintained,D. operated, WHEREAS, Streetlight Improvements must be and serviced; and to the City for $gEtL5, the Developer must provide a means satisfactoryto Streetlight E maintenance, operation and servicing assuring the continued ma Improvements; and rovements must be F. �EREAS, the ImprovementAreas the StStrestlight eetlight ln°provements; and kept clean so as not to compromise the safety iEREAS, as a condition established for the development of the Property specific benefit and sale to subsequent owners, the Developer and/or successors of G's for the aired to complete the annexation Process for inclusion into the City s interest are req Streetlight Maintenance District No. 1; and 05/24/2001 15:55 FAX 661 2543538 CITY OF SANTACLARITA ENG Z004 H WHEREAS, pursuant to the Landscaping and Lighting Act of 1972," being the Streets and Highways Code of the State of California, the City Part 2 of Division 15 of of the Streetlight Improvements, and for the payment of the costs may as a Streetlight Maintenance District to provide for the continued maintenance, costs operation, and servicing operation, and servicing; and and expenses incurred for such maintenasne, Pe as the I, WHEREAS, the Right to Vote on Taxes Act (hereinafter referred to alifornirequires "Act" i which added Articles XIII C and XIII D to the Ca Constitution, req 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 6 days after mailing a notice of the proposed assessment to recon hearing not less than 4 special benefit conferred upon them and upon owners of each parcel which will have a which an assessment will be imposed; and , Civil Code, Section 3513, allows anyone to waive K. WHEREASthe California 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 is the owner of the real property to thereof; ana y O WHEREAS, the Developer eration, and servicing the Streetlight Improvements, and the maintenance, op P. WHEREAS, the Act does not prohibit a waiver of the 46 -day noticing period. NOW, THEREFORE, in furtherance of the foregoing recitals, the Developer do hereby petition the City as follows: 1. In order to assure the continued maintenance, opcost and e�e� ���� for of the Streetlight Improvements and the payment maintenance, operation, and servicing, the Developers hereby request that the City annex the property into the City of Santa Clarita Streetlight Maintenance D triof the Streets and ct No. I pursuant to the "Landscaping and Lighting Act of 1972" being Part 2 ofHighways Code of the State of California. 2 The Developer request 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.ynaccordance with benefit ual assessment Such divided among the parcels of the property 05/24/2001 15:55 FAX 661 2543538 CITY OF SANTACLARITA ENG Z005 eased annually by an amount corresponding to the increase in the assessment may be incr Consumers for the Los Angeles -Anaheim -Riverside Consumer Price Index (CPD, all Urban area. If the assessment is not increased by CPI in some years, the amount may be amount corresponding to the cumulative increases in increased in subsequent years by an the CPI. 3. As the owner of all of the real property to be placed into the District, the Developer hereby waive 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. ¢ As the owner of all of the real property, which receives a special benefit and is the only property Proposed to be seseased for the special benefit, the Developer hereby waive all statutory notice periods per the Act. 6, In consideration osehae a approval o al of the Annexation into the District by the City, the Developer hereby p P 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 the i reasonable of the Streetlight Improvements on those portions of the Property 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. OWNER OF RECORD: WL Homes, LLC WL t4i-5 V> Signature of record owner or Date authorized representative w T r arnrjATLTR?$� Tn RF NOTARIZED CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. �� � �[7}--1,F� On 2��(, before me, lWAlE V 1}�(�?J 'lilt Jf' Date r Name and Tile of O i er e r, (.g..'JaFe Doe, Notary P Ilc'") personally appeared ANNE E YURCHAK Commission # 1263356 -a - Notary %bflc - Collfcmia Ins Angeles County WComm. FlpiesMoy i L2A04 Place Notary Seal Above 154 personally known to me T edidel ee to be the person(* whose nameCxt is/ark subscribed to the within instrument and acknowledged to me that helsWtivcy executed the same in his/hil-srAlKir authorized capacity(ioC, and that by his/her/th4Rirr signature(9�_on the instrument the persona ), or the entity upon behalf of which the person(s) acted, executed the instrument. W NESS my hand and official seal. Sign re 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: $AU.US'• SHT.jA CLp'rttrA c7. iFi r 1.1 'r -DtS r� L Document Date: C5t7S241 r -rt Number of Pages: FC3 7F1 Signer(s) Other Than Named Above: Capacity(ies) ClAimed by Signer Signer's Name: K IA .A Lej I Individual MLel K. Corporate Officer — Title(s)Lj� �\S ITjD�,} Top of thumb here L1 Partner —❑ Limited I I General L Attorney in Fact t_I Trustee LI Guardian or Conservator r i Other: Signer Is Representing: LX—RCI- e—, i C V 1999 National Notary Association • 9350 De Solo Ave., PO. Box 2002 • ChusworN, CA 91313 2402 •.w u.tionalnolary.org Prof. No, 5907 ReoNa[ Call TollFire1800-676 6827 F3T__mi SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT No. 1 ANNEXATION No. 2001-1,29 Assessor Parcel Number: 2866-047-001 thru -015 2866-048-001 thru -006 Location: Tract 52673-02 Santa Clarita, Ca 91355 OWNER OF RECORD: W/9 South Realty, L.L.C., a Delaware limited liability company YES ji approve of the proposed annual streetlight maintenance assessment of $250.00 on each of the parcel or lot identified on this ballot, a total of $5,250.00 for the annexation. 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 streetlight maintenance assessment of $250.00 on each of the parcel or lot identified on this ballot, a total of $5,250.00 for the annexation. I hereby declare, under penalty of perjury, I am the record owner or the authorized reuresentative of the record owner of the parcel identified above. W/9 South Realty, L.L.C., a are li d T o ny /-3 ( & Si ature o record owner or ! Date authorized representative 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 TO BE KNOWN AS ANNEXATION NO. 2001-1,29 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, Legacy Partners Commercial, Inc., a Texas corporation 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: Tract 52673-02, in the City of Santa Clarita, County of Los Angeles, State of California, currently known as Assessor Parcel No's. 2866-047-001 thru -015, and 2866-048-001 thru -006. B. WHEREAS, the owners are developing the Property as a public utility 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 are 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 do 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 Developers hereby request 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 request 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 waive 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 waive 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 propose 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. W/9 South Realty, L.L.C., a Delaware limited liability company Signature of record owner o authorized representative ALL SIGNATURES TO BE NOTARIZED A-7 I V Date CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californf',/ l_ t L* ss. Count of � On /1D/ before me, Date Name and Title of Officer (e.g., "Jane Doe. Notary Public') personally appeared��/� /�/. �oSvvJ,'� �j , I Name(s) of Signeda)' Z011e-rsonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or NATALIE A. DENBOW the entity upon behalf of which the person(s) Commission # 1164838 acted, executed the instrument. ® Notary Public-Colittxnla _ ,.. i son Mateo county '- , My Comm. Expires Dec 8,M01 W NESS my, hand a official eal. Place Notary Seal Above Si tura 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 01999 National Notary Association • 9350 De Soto Ave.. P0, Box 2402 • Cinaelmon, cA 91 31 3-24 02 • w natonalnola,yoq Prod No. 507 HeOxool call Toll -Free 1800-910-8827 BALLOT SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT No. 1 ANNEXATION No. 2001-L30 Assessor Parcel Number: 2839-002-028, 2839-002-032, 2839-003-027, 2839-003-028, and 2839-003-030 Location: Tract 45416 Santa Clarita, Ca 91355 OWNER OF RECORD: Pardee Construction Company YES)I approve of the proposed annual streetlight maintenance assessment of $1,740.00 on each of the parcel or lot identified on this ballot, a total of $8,700.00 for the annexation. 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 streetlight maintenance assessment of $1,740.00 on each of the parcel or lot identified on this ballot, a total of $8,700.00 for the annexation. I hereby declare, under penalty of perjury, I am the record owner or the authorized representative of the record owner of the parcel identified above. Signature of record o er or authorized representative Theodore J. Cullen, Sr Vice President Date 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 lees 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 do 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 Developers hereby request 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 request 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 waive 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 waive 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 propose 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. OWNER OF RECORD: Pardee Construction Company Signature of record o er or authorized representative rheodore J. Cullen, Sr Vice President ALL SIGNATURES TO BE NOTARIZED _ un r 7 , �& I Date CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 6/7/2001, before me, Tandie Louise Jarvis, Notary Public, personally appeared Theodore J. Cullen, Senior Vice President, 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 TAND E LOUISE JAM COmmllflorl N 1270341 UZ MI !! dkrrd 6 Myconrr,'6a�esh4t3,2004 Tandie Louise Jarvis Notary Public in an f said state. ----------------------------------------------------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. DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document: Petition Additional Information: Tract 45416 — Santa Clarita Date of Document: Number of Pages: 3 Signer is Representing: PARDEE CONSTRUCTION COMPANY Signer(s) other than named above: CAPACITY CLAIMED BY SIGNER Name of Signer: Theodore J. Cullen Signing As: INDIVIDUAL X CORPORATE OFFICER TITLE: Senior Vice President ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE ❑ GUARDIAN/CONSERVATOR ❑ OTHER: THUMB PRINT RIGHT THUMB CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 6/7/2001, before me, Tandie Louise Jannis, Notary Public, personally appeared Theodore J. Cullen, Senior Vice President, 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. 10UWDtE LOUISB JAM Co""llisfon A 1?70617 IN Ano"Caunp MVC0rr".EVftJuII&2X14 WITNESS my hand and official seal Tandie Louise Jarvi Notary Public in an for aid state. ----------------------------------------------------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. Title or Type of Document: Information: Date of Document: DESCRIPTION OF ATTACHED DOCUMENT Ballot Tract 45416 — Santa Clarita Number of Pages: Signer is Representing: PARDEE CONSTRUCTION COMPANY Signer(s) other than named above: CAPACITY CLAIMED BY SIGNER Name of Signer: Theodore J. Cullen Signing As: INDIVIDUAL X CORPORATE OFFICER TITLE: Senior Vice President ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE ❑ GUARDIAN/CONSERVATOR ❑ OTHER: THUMB PRINT RIGHT THUMB