Loading...
HomeMy WebLinkAbout2003-01-14 - AGENDA REPORTS - SMD 1 ANNEX L44 L45 L46 (4)CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approval Item to be presented by: Curtis L. Na DATE: January 14, 2003 SUBJECT: APPROVAL OF THE ANNEXATION OF TERRITORIES AND THE LEVY OF ASSESSMENTS FOR SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1 AS: ANNEXATION NO. 2003-1,44, PARCEL MAP NO. 16051 ANNEXATION NO. 2003-L45, PARCEL MAP NO. 23349 ANNEXATION NO. 2003-L46, TRACT MAP NO. 33746 DEPARTMENT: Transportation & Engineering Services RECOMMENDED ACTION City Council conduct a public hearing and adopt three resolutions to approve the annexation of territories and the levy of assessments for Santa Clarita Streetlight Maintenance District No. 1 for Annexation Nos. 2003-1,44, 2003-1,45 and 2003-L46. BACKGROUND As a condition of approval: For Assessor Parcel Nos. 2861-060-001, -002, -005, and -007, located in the vicinity of Springfield Court and Tourney Road, streetlight improvements are required. Newhall Land, hereinafter referred to as the "Developer," has agreed to install or provide funds for all necessary on-site streetlight improvements as required as a condition of the approval for the aforementioned parcel. The Developer has signed a petition requesting the annexation of this streetlight maintenance into Santa Clarita Streetlight Maintenance District No. 1 (District) as Annexation No. 2003-1,44. For Assessor Parcel Nos. 2861-061-023 to -032, located in the vicinity of Magic Mountain Parkway and Tourney Road, streetlight improvements are required. Newhall Land, hereinafter referred to as the "Developer," has agreed to install or provide funds for all necessary on-site streetlight improvements as required as a condition of the approval for the aforementioned parcel. The Developer has signed a petition requesting the annexation of this streetlight maintenance into the District as Annexation No. 2003-1,45. jA� �Pki. U 3—1 b -J J Agenda Item.sly STREETLIGHT MAINTENANCE DISTRICT NO. 1 ANNEXATION NOS. 2003-L44, -L45 AND -L46 January 14, 2003 —Page 2 For Assessor Parcel Nos. 2861-026-007 to -010, and -013, known as Town Center South, located in the vicinity of McBean Parkway and Valencia Boulevard, are required to annex into the District. Newhall Land, hereinafter referred to as the "Developer," has agreed to provide funds for all necessary on-site streetlight improvements as required as a condition of the approval for the aforementioned tract. The Developer has signed a petition requesting the annexation of this streetlight maintenance into the District as Annexation No. 2003-L46. These annexations will provide for the continued maintenance of these improvements after they are installed and accepted by the City. The Developer has provided the City with a signed and notarized petition and an assessment ballot giving approval to the annexation of properties into the District. By signing the petition, the Developer has waived the time period for holding the public hearing, the noticing, and the right to majority protest at the public hearing, and has submitted an assessment ballot in favor of the annexation. Therefore, the public hearing for the annexation can be held on the same date as the consent calendar item initiating the annexation. It is the City's intention to annex: • Assessor Parcel Nos. 2861-060-001,-002,-005,-007 into Streetlight Maintenance District No. 1 as Annexation No. 2003-L44. The proposed annual lighting maintenance assessment is $150.00 on each of the 4 proposed lots, for a total of $600.00. Assessor Parcel Nos. 2861-061-023 to -032 into Streetlight Maintenance District No. 1 as Annexation No. 2003-L45. The proposed annual lighting maintenance assessment is $150.00 on each of the 7 proposed lots, for a total of $1,050.00. • Assessor Parcel Nos. 2861-026-007 to —010, and -013 into Streetlight Maintenance District No. 1 as Annexation No. 2003-L46. The proposed annual lighting maintenance assessment is $1346.88 on each of the 4 proposed lots, for a total of $5,387.52. The annexation of these territories is in compliance with Proposition 218. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT The annexation of these territories will ensure collection of future assessments from these properties, which will offset the expenses incurred by the installation of the necessary streetlights for this project. This annexation will provide for the continued maintenance of these improvements after they are installed and accepted by the City. STREETLIGHT MAINTENANCE DISTRICT NO. 1 ANNEXATION NOS. 2003-L44, -L45 AND -1,46 January 14, 2003 — Page 3 ATTACHMENTS Three Resolutions Approving the Annexation of Territories Exhibit "A" - Location Maps Engineer's Reports (available in the City Clerk's reading file) GAG:twb council \ 2003-L44,L45,L46ph.doc CITY OF SANTA CLARITA NOTICE OF A PUBLIC HEARING PUBLIC 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 territories and the levy of assessments within Santa Clarita Streetlight Maintenance District No. 1, as : Annexation No. 2003-L44, Parcel Map No. 16051, located in the vicinity of Springfield Court and Tourney Road, Assessor Parcel Nos. 2861-060-001, -002, -005, -007. Annexation No. 2003-L45, Parcel Map No. 23349, located in the vicinity of Magic Mountain Parkway and Tourney Road, Assessor Parcel Nos. 2861-061-023 to -032. Annexation No. 2003-L46, Tract Map No. 33746, located in the vicinity of McBean Parkway and Valencia Boulevard, Assessor Parcel Nos. 2861-026-007 to —010, and -013. 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 14th day of January 2003, at or after 6:00 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 Grace Gasinksi at (661) 255-4332, Santa Clarita City Hall, 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 that 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: December 11, 2002 Publish Date: December 14, 2002 Sharon L. Dawson, CMC City Clerk GAG:twb Tes\eng subd\lighting district\ 1,44,1A5,WNotice of PH.dm 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 TERRITORY TO BE KNOWN AS ANNEXATION NO. 2002-L44 INTO CITY OF SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. I 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, Newhall Land and Farming 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: Parcel Map 16051, in the City of Santa Clarita, County of Los Angeles, State of California, currently known as Assessor Parcel No(s). 2861-60-001, -02, -05, and —07. B. WHEREAS, the owners are developing the Property as a Office Building 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 1. 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 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. l 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. I 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; C. 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. THE NEWHALL LAND AND FARMING COMPANY (a California limited partnership) a Limited Partnership By: NEWHALL MANAGEMENT LIMITED PARTNERSHIP, a California limited partnership Its Managing General Partner By: NEWHALL MANAGEMENT CORPORATION, a California corporation Its Managing General Partner Thomas E. Dierckman Name: Its: Senior Vice President Name: Assistant Secretary Assistant Secretary STATE OF CALIFORNIA ) S.S. COUNTY OF LOS ANGELES Petition On November 15, 2002, before me, Karen J. Novak, Notary Public, in and for said County and State, personally appeared Thomas E. Dierckman and Philip A. Nowlin personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. KAREN J. NOVAK Commission N 1�i Notory Public - California g Los Angeles County My Comm. Expkes OCt 19, 2 WITNESS my hand and official seal Karen J. Nova Notary Public BALLOT SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT No. 1 ANNEXATION No. 2002-L44 Assessor Parcel Number(s): 2861-060-001, -002, -005, and -007 Location: Parcel Map 16051, Springfield Court and Tourney vicinity OWNER OF RECORD: Newhall Land and Farming Company YES I approve of the proposed annual streetlight maintenance assessment of $150 on each of the 4 lots, a total of $600.00 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 $150 on each of the 4 lots, a total of $600.00 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. THE NEWHALL LAND AND FARMING COMPANY (a California limited partnership) a Limited Partnership By: NEWHALL MANAGEMENT LIMITED PARTNERSHIP, a California limited partnership Its Managing General Partner By: NEWHALL MANAGEMENT CORPORATION, a California corporation Its Managing General Partner By. Name: Its: Senior Vice President ii By: AtZP';r12 Name: Assistant Secretary Its: Assistant Secretary STATE OF CALIFORNIA ) S.S. COUNTY OF LOS ANGELES Ballot On November 15, 2002, before me, Karen J. Novak, Notary Public, in and for said County and State, personally appeared Thomas E. Dierckman and Philip A. Nowlin personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. KAREN J. NOVAK Commisslon • 1378813 L@ Notary Public - California Los Angeles County My Comm Frpires Oct 19. 20(V WITNESS my hand and official seal Karen J. Novak Notary Public 1 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 TERRITORY TO BE KNOWN AS ANNEXATION NO. 2002-L45 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, Newhall Land and Farming 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: 23349 Parcel Map M651, in the City of Santa Clarita, County of Los Angeles, State of California, currently known as Assessor Parcel No(s). 2861-061-023 and -032. B. WHEREAS, the owners are developing the Property as a Office Building 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 1. WHEREAS, the Right to Vote on Taxes Act (hereinafter referred to as the "Act"), which added Articles XIII C and Xlll 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 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. I 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. THE NEWHALL LAND AND FARMING COMPANY (a California limited partnership) a Limited Partnership By: NEWHALL MANAGEMENT LIMITED PARTNERSHIP, a California limited partnership Its Managing General Partner By: NEWHALL MANAGEMENT CORPORATION, a California corporation Its Managing General Partner B Thomas E. Dierckman Name: Its: Senior Vice President By: ( XI�— HILIPA. NOWLIN Name: Assistant Secretary Its: Assistant Secretary STATE OF CALIFORNIA ) S.S. COUNTY OF LOS ANGELES Petition On November 15, 2002, before me, Karen J. Novak, Notary Public, in and for said County and State, personally appeared Thomas E. Dierckman and Philip A. Nowlin personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. KAREN J. NOVAK _Commission 8 1378813 i Notory Publlc - California y_ Los Angeles County 0, Comm. Expkes Oct 19, 200' WITNESS my hand and official seal Karen J. Novak Notary Public BALLOT SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT No. 1 ANNEXATION No. 2002-L45 Assessor Parcel Number(s): 2861-061-023 to -032 Location: Parcel Map 23349, Magic Mountain Parkway and Tourney Road vicinity OWNER OF RECORD: Newhall Land and Farming Company YE S approve of the proposed annual streetlight maintenance assessment of $150 on each of the 7 lots, a Dtotal of $1,050.00 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 $150 on each of the 7 lots, a total of $1,050.00 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. THE NEWHALL LAND AND FARMING COMPANY (a California limited partnership) a Limited Partnership By: NEWHALL MANAGEMENT LIMITED PARTNERSHIP, a California limited partnership Its Managing General Partner By: NEWHALL MANAGEMENT Z CORPORATION, a California corporation Its Managing General Partner Y s Name: E. Dierdman Its: SepioF-)Vice Presiden By:i "F^w .� ✓. - (/ PHILIP A. NOWUN Name: Assistant Serelary Its: Assistant Secretary STATE OF CALIFORNIA ) S.S. COUNTY OF LOS ANGELES Ballot On November 15, 2002, before me, Karen J. Novak, Notary Public, in and for said County and State, personally appeared Thomas E. Dierckman and Philip A. Nowlin personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. KAREN J. NOVAK Commission M 1378813 z Notory Public - Collfornlo g_ Los Angeles County @,MvComm, Expires Oct 192006 WITNESS my hand and official seal Karen J. Novak Notary Public 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. 2002-L46 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 WITNESSETH: A. WHEREAS, the petitioner, Regency Centers, LP (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 Map 33746, in the City of Santa Clarita, County of Los Angeles, State of California, currently known as Assessor Parcel Nos. 2861-026-007 to —010, and -013 B. WHEREAS, the owners are developing the Property as a Neighborhood Shopping 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. OWNER OF RECORD: Regency Centers, LP, A Delaware Limited Partnership By: Regency Centers Corporation A Florida Corporation Its: General Partner vu( . Sig6ature of record owner or authorized representative 5q,, '�&" M. 011-yWPti�h5 roc C"Lgs"DFNl Date it -I �--Dv CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California nn �(� ( 2. VL. �,�li�_o ss. County of t OnfktrtYl%I l,/ Data �iar before me, ((�� personally appeared is-, n JEANNINE LYNNME WES y. Sam MAAC Callfamla Lca Angi ung eau My Comm. Name and Title of Cal ear (a g.. L: ,li­-n4--riI&,, personally known to me proved to me on the basis of satisfactory evidence to be the person(§) whose nameN is/a;& subscribed to the within instrument and acknowledged to me that he/sheftheyexecuted the same in his/herktreir authorized capacity(tes), and that by his/he44+@il^ signature(sj on the instrument the person(,$), or the entity upon behalf of which the person(.a) acted, executed the instrument. WITNESS my hand and official seal. Place Note, Seal Above Signature of Nota 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(ies) Claimed by Signer Signer's Name: I I Individual [. J Corporate Officer — Title(s): ❑ Partner — I Limited L General ❑ Attorney in Fact LJ Trustee LJ Guardian or Conservator J Other: Signer Is Representing: Number of Pages: ,91999 National Notary Association • 9350 De Soto Ave., PO. Bax 2402 • CM1atswodM1. CA 91313-2402 • www.nationalnotary org Prod No. 597 Reorbar'. Call Tril Fret 1 BW 876 6827 BALLOT SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT No. 1 ANNEXATION No. 2002-1,46 Assessor Parcel Number(s): 2861-026-007 to —010, and —013 Location: Tract Map No. 33746, McBean Parkway and Valencia Boulevard vicinity OWNER OF RECORD: Regency Centers, LP, A Delaware Limited Partnership OYESI approve of the proposed annual streetlight maintenance assessment of $1,346.88 on each of the 4 lots, a total of $5,387.52 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 $1,346.88 on each of the 4lots, a total of $5,387.52 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. Sijdiature of record owner or afithorized representative 7 , , I�✓E^i �- G a r7s S J.�. Date CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California y) r rte-- ss. County of � ``Jne. On (qtr ✓ *[5,��before me, Oate J personally appeared JEANh LYNt: E kEYES Con mluion # I2WT z i%My Notary Public - Coidomia g Los Angeles Count, Comm. Expires Jun 4, 2004 Jeannine Lynnette Reyes -notary Public personally known to me IJ proved to me on the basis of satisfactory evidence to be the personK whose name(o iskare subscribed to the within instrument and acknowledged to me that he/shisAhey executed the same in his/laef/thelr authorized capacity(ies), and that by his/hef4reir signature(* on the instrument the persorf(s) or the entity upon behalf of which the personj} acted, executed the instrument. WITNESS my hand and official neral. *I c iz-. v-, l (-A— t �, `\l L Place Notary Seal Above �� Signature of NotarillPublic 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(ies) Claimed by Signer Signer's Name: ❑ Individual IJ Corporate Officer — Title(s): JI Partner — I I Limited I:_; General Attorney in Fact Trustee I J Guardian or Conservator LJ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER IN 0 1999 National Notary Association • 9350 Be Sato Ave.. PO. Box 2402 • Chatsworth, CA 91313-2402 • www.nationaln ldryor9 Prod. No. 5907 Reorder: Call TollFreeI SIX 876 6827