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HomeMy WebLinkAboutPetition Annexation No. 22 (La Laguna - Tract No. 32337) APN 391-820-002PETITION 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 Communities Inc. (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: Legal 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 - 820 -002. 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. Roywav&;4.x Comm" Ill' a. C#rFvr0L+i0p- Signapre of rec d owner or a th rized repr entative 2`" Z Date Page 4 of 4 City of Lake Elsinore Landscape and Street Lighting Maintenance District No. l Assessment Diagram Annexation No. 22 400 0 400 800 Feet CITY OF LAKE ELSINORE _ LEGEND VICINTY MAP: Annexation No. 22 . ��(Not to scale) Boundary `