LANDOWNER PETITION
Requesting and Approving Annexation of Territory to
City of Placentia Community Facilities District No. 2014-01 (Public Services) To: THE HONORABLE CITY COUNCIL
ATTN: ROBERT S. MCKINNEL, CITY CLERK
401 E. CHAPMAN AVENUE
PLACENTIA, CALIFORNIA 92870
Members of the City Council:
This is a petition to institute proceedings to annex territory, namely the property identified and described at the end of this document to Community Facilities District No. 2014-01 and related matters pursuant to the Mello -Roos Community Facilities Act of 1982 (Section 53311 et seq. of the California Government Code) ("Act"). The undersigned ("Landowner") hereby petitions the City Council of the City of Placentia ("City") as follows:
1. Landowner certifies that it is the record owner of those certain lots and parcels ("Property"), which Property is more specifically identified and legally described in Exhibit "A" attached hereto and incorporated herein by reference. Landowner warrants to the City that it is such owner, or is a legally authorized representative of such owner, and that such ownership constitutes ownership of more than 10% of the Property.
2. Landowner recognizes that the Property is located within the "future annexation area" of City of Placentia Community Facilities District No. 2014-01 (Public Safety Services) ("District"), as shown on the Boundary Map entitled "Map of Proposed Boundaries of City of Placentia Future Annexation Area of Community Facilities District No. 2014-01 (Public Services)" ("Map"). The Map is recorded in the records of the Orange County Recorder at Book 94 of Maps of Assessment and Community Facilities Districts at page 47.
3. Landowner requests that the City Council undertake proceedings under the Act to annex the Property the District and to levy special taxes on the Property to finance all or a part of the public services set forth in Section 5 below. Landowner approves the annexation of the Property to the District.
4. This Petition asks that the territory to be included in the boundaries of the annexation to the District consisting of that shown on a map of the proposed boundaries for the annexation of the Property filed with the City Clerk of the City and which map is attached hereto as Exhibit "B" and hereby made a part of this Petition.
5. Landowner acknowledges receipt of the Rate and Method of Apportionment for the District entitled "RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX" ("RMA"), attached as Exhibit "C" hereto and is hereby made a part of this Petition, and that it has reviewed and preliminarily approves the RMA. Landowner further acknowledges that, upon 1 Landowner Petition
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annexation, the Property will be subject to an annual special tax to fund the following services, as well as the incidental expenses of administration of the District as follows:
Public Safety Services: Police protection services and fire protection and suppression services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police protection services and fire protection and suppression services and other services as defined herein, respectively, and (iv) City overhead costs associated with providing such services within the District.
6. Landowner asks that the special election to be held under the Act to authorize the special taxes and to establish any appropriations limits for the annexation of the Property be conducted by the City and its officials, using a mailed or hand -delivered ballot and that such ballot be canvassed and the results certified at the same meeting of the City Council as the public hearing on annexation to the District under the Act or as coon thereafter as possible.
7. To expedite the completion of the proceedings for annexation of the Property, the Landowner waives all notices of hearing and all published notices regarding the establishment of the District, notices of election, applicable waiting periods under the Act for the holding of any public hearing and for election and all ballot arguments and analysis for the election, it being acknowledged by Landowner that all such notices are for the benefit of Landowner and may be waived. Landowner agrees to timely complete and return a consent and waiver to be provided to Landowner by the City in order to expedite such proceedings. Landowner further hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and not step or action in any proceeding relative to the CFD or the special election shall be invalidated or affected by any such irregularity, error, mistake or departure.
8. Landowner warrants to the City that the presentation of this Petition, any waivers contained herein, casting of ballots at the property owner election and other actions mandated by the City for the annexation into the District, shall not constitute or be construed as events of default or delinquencies under any existing or proposed financing documents entered into or to be entered into by Landowner for the Property, including any "due -on -encumbrance" clauses under any existing security instruments secured by the Property. If requested by the City, Landowner agrees, at its expense, to supply to the City current title evidence so that the City may supply any notice and ballot required under the Act for the annexation to the District.
9. Landowner agrees to cooperate with the City, its attorneys and consultants, and provide all information and disclosures required by the City about the Special Taxes to purchasers of the Property or any part of it.
10. Landowner further agrees to execute such additional or supplemental agreements as may be required by the City to provide for any of the actions and conditions of this Petition, including any amount of cash deposit required to pay for the City's costs in annexing the Property to the District.
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11. Landowner acknowledges that, pursuant to Section 53339.7(a) of the Mello -Roos Act, as a consequence of the consent and approval given by it in this Petition, the City Council of the City may annex the Property to the District without any further public hearings or elections.
By executing this Petition, Landowner agrees to all of the above.
The full and complete legal name of the undersigned is as follows:
The undersigned certifies under penalty of perjury under the laws of the State of California that it is authorized to execute this petition and that the foregoing is true and correct:
Owner Name:
By:
Its:
Date:
[Printed]
[Signature]
[Printed Name of Signer]
[Title]
[Date]
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EXHIBIT "A"
LEGAL DESCRIPTION
IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA,
BEING ALL THOSE CERTAIN PARCELS OF LAND DESCRIBED IN GRANT DEEDS RECORDED MARCH 13, 2019 AS INSTRUMENT NOS. 2019000078419, 2019000078422, 2019000078421, 2019000078420, AND 2019000078415, ALL OF OFFICIAL RECORDS OF
SAID COUNTY, ALL LYING WITHIN THAT PORTION OF LOT SEVEN IN BLOCK C
OF THE KRAEMER TRACT, AS SHOWN ON A MAP OF SURVEY MADE BY GEORGE C. KNOX IN AUGUST, 1882, AS PER MAP RECORDED IN BOOK 12, PAGES 87 AND 88 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, TOGETHER WITH ALL OF LOT 10 AND THAT PORTION OF LOT 11 OF TRACT NO. 35, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 32, MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, SAID PARCELS AS A WHOLE MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID INSTRUMENT NO. 2019000078419, SAID CORNER ALSO BEING ON THE SOUTHERLY LINE OF SAID
LOT SEVEN AND THE CENTERLINE OF CROWTHER AVENUE AS PER RECORD OF SURVEY FILED IN BOOK 25 PAGE 38, IN THE OFFICE OF SAID COUNTY RECORDER;
THENCE PARALLEL TO THE EAST LINE OF SAID LOT SEVEN AND ALONG THE WESTERLY LINE OF SAID INSTRUMENT, NORTH 14'42'10" EAST, 480.73 FEET TO THE SOUTH LINE OF A STRIP OF LAND 10.00 FEET IN WIDTH, CONVEYED TO
THE CALIFORNIA, ARIZONA AND SANTA FE RAILWAY COMPANY BY A DEED FILED OCTOBER 3RD, 1951, AS DOCUMENT NO. 24150, IN THE OFFICE OF THE
REGISTRAR OF TITLES OF SAID ORANGE COUNTY, ALSO SHOWN ON SAID RECORD OF SURVEY;
THENCE ALONG SAID SOUTH LINE AND RECORD OF SURVEY, NORTH 81'35'34" EAST, 372.13 FEET TO THE WESTERLY LINE OF PARCEL 1 OF SAID INSTRUMENT NO. 2019000078415;
THENCE ALONG SAID WESTERLY LINE, NORTH 14'42'10" EAST, 7.40 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL 1;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1, SOUTH 75'27'50" EAST, 109.00 FEET TO THE EASTERLY LINE OF SAID LOT SEVEN, ALSO BEING THE WESTERLY LINE OF SAID LOT 10;
THENCE ALONG THE WESTERLY, NORTHERLY, EASTERLY, AND SOUTHERLY LINES OF SAID LOT 10, THE
FOLLOWING FOUR (4) COURSES:
1) NORTH 14'42'10" EAST, 22.48 FEET;
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2) NORTH 81 '35'34" EAST, 224.59 FEET;
3) SOUTH 08'24'26" EAST, 80.00 FEET;
4) SOUTH 81'35'34" WEST, 199.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 11;
THENCE LEAVING SAID SOUTHERLY LINE ALONG THE EAST LINE OF SAID LOT 11 TO THE MOST SOUTHERLY LINE OF PARCEL 3 OF SAID INSTRUMENT NO. 2019000078415, SOUTH 08'24'26" EAST, 28.64 FEET;
THENCE ALONG SAID MOST SOUTHERLY LINE SOUTH 82'56'04" WEST, 71.26 FEET TO THE WESTERLY LINE OF SAID LOT 11, ALSO BEING THE EASTERLY LINE OF SAID LOT SEVEN;
THENCE ALONG SAID EASTERLY LINE OF LOT SEVEN, SOUTH 14.42'10" WEST, 273.55 FEET TO THE SOUTHEAST CORNER OF SAID LOT SEVEN;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT SEVEN AND CENTERLINE OF CROWTHER AVENUE, SOUTH 74'04'40" WEST, 524.41 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 5.04 ACRES, MORE OR LESS.
Assessor's Parcel Number: 339-431-02, 339-431-03, 339-431-04, 339-431-05, 339-431-06, 339-401-08, & 339-401-09
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EXHIBIT "B"
Property Annexation Map to
Community Facilities District No. 2014-01
(Public Safety Services)
The following map shows the extent of the proposed annexation.
Exhibit "B"
Annexation Boundaries
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7 EXHIBIT "C"
Rate and Method of Apportionment
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