HomeMy WebLinkAboutPetition Annexation No. 22 (La Laguna - Tratc No. 32337) APN 391-810-005PETITION
A PETITION TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, PETITIONING SAID COUNCIL TO
INITIATE PROCEEDINGS FOR THE ANNEXATION OF TERRITORY TO BE KNOWN
AS ANNEXATION NO. 22 (LA LAGUNA — TRACT NO. 32337) TO THE LAKE
ELSINORE LANDSCAPING AND STREET LIGHTING 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, K. Hovnanian at La Laguna, LLC, a California
Limited Liability 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 Lake Elsinore, County of Riverside, State of California (hereinafter referred to as the
"City "), more particularly described as follows:
Le al Description:
Portion of Tract No. 32377, in the City of Lake Elsinore, County of Riverside,
State of California, currently known as Assessor Parcel No. 391 - 810 -005.
B. WHEREAS, the owner(s) are developing the Property as a single family
residential lots in the City (hereinafter referred to as the "Project "); and
C. WHEREAS, the improvements of the Property will cause the need for
streetlights and /or landscaping improvements (hereinafter referred to as the
"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 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 Improvements;
and
F. WHEREAS, the Improvement Areas and Improvements must be
kept clean so as not to compromise the safety of the Improvements; and
Page 1 of 4
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 shall complete the annexation process for inclusion into the
Landscape and Street Lighting District No. 1 or otherwise propose an alternative
financing mechanisms to maintain, operate, and service the Improvements; 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 Maintenance District to provide for the continued maintenance,
operation, and servicing of the 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 Act does not prohibit a waiver of the 45 -day noticing
period; 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 is solely for the advantage of the parcels having
a special benefit conferred upon them and which an assessment will be imposed and,
accordingly, Developer as the owner of the real property to be specially benefited
desires to waive such 45 -day period; and
N. WHEREAS, all of the benefit is a special benefit to the Property and the
parcels to be created; and
O. 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
P. WHEREAS, the Developer is the owner of the real property to be
benefited by the Improvements, and the maintenance, operation, and servicing thereof,
and desires to fund such maintenance, operation and servicing as provided herein; and
Page 2 of 4
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 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 Lake Elsinore Landscape and Street Lighting 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
Lake Elsinore Landscape and Street Lighting 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.
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 proposes as follows:
a. To install 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 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 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.
Page 3 of 4
OWNER OF RECORD: K. Hovnanian at La Laguna, LLC,
a California Limited Liability Company
Sig atur of record ner or Date
a hori d repres ative
K. Hovnanian at La Laguna, LLC,
a California Limited Liability Company
Page 4 of 4
City of Lake Elsinore
Landscape and Street Lighting Maintenance District No. l
Assessment Diagram
SCI
Annexation No. 22
400 0 400 800 Feet
CITY OF LAKE ELSINORE
VICINTY MAP:
(Not to scale)
ROJECT
:)CATION
/k
2
►r -' _r.
Reference Assessor
Number Parcel Number
1 391 - 810 -005
2 391 - 820 -002
LEGEND
Annexation No. 22
Boundary
Parcels within Annexation
l No. 22 of LLMD #1
( R) Reference Number
Cisco &t Associates, Inc.
N:\Leke EWnordFY11 -7Z"E 1\Nnnexatlon \La Laguna -
_dlag- rn,pdf