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HomeMy WebLinkAbout4.20 MAD99-1 EngrReptCITY CLERK FILE # 360-20 AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 3, 2001 SUBJECT: Dublin Ranch Street Lighting Maintenance Assessment District No. 99-1: Approval of Preliminary Engineer's Report Report Prepared By: Lee S. Thompson, Public VForks Director ATTACHMENTS: 1) 2) 3) 4) Resolution Approving Preliminary Engineer's Report Resolution Setting Public Hearing Date and Time for Levy of AssesSments Preliminary Engineer's Report (Assessment Diagram to be Posted at~ Meeting) Landowner Petitions for Area A and Area G RECOMMENDATION: 1) Approve annexation of Toll Bros. and Lin properties Adopt Resolutions approving Preliminary Engineer's Report and Setting Time and Place for Public Hearing FINANCIAL STATEMENT: The proposed assessment for Fiscal Year 2001-2002 is $44,298 or $15.10 per single family lot. Although it is proposed .to use a small amount of existing reserves to offset a part of the maintenance cost, this proposed assessment is still slightly higher than the $13.34 assessment for 2000-2001. The increase is due to increased power and maintenance costs as well as anticipated acceptance of facilities. This assessment is less than the maximum of $34.22 that was approved when this District was formed in 1999. ~ DESCRIPTION: This is the third year of assessments for Street Lighting Maintenance Assessment District 99-1 (Dublin Ranch Phase I). This District was initially set up for the decorative lighting in Dublin Ranch. Tract 7067 (Clifden Pare) in the western hills was annexed in 2000-01, as the same lights have been installed in that tract. While an assessment !amount has been collected for the past two years, neither Tract 7067 nor any of the tracts in Dublin Ranch have been accepted for maintenance. It is anticipated, however, that most of the lights in Phase 1, as well as Tract 7067, will'be accepted within the fwst month or two of the 2001-02 fiscal year, with other subdivisions slated for acceptance later in the year, and the maintenance budget has been developed accordingly. It should be noted that the golf course property has been excluded from the Area A annexation for the present and is expected to be annexed next year. Conditions of approval for Areas A and G of Dublin Ranch require the landowners to submit a petition requesting annexation to this District which waives proceedings and the right to protest the assessment. COPIES TO:; ITEM NO. g :\ad\99-1 ~2001 agstfrm2&pre991 Under the Landscaping and Lighting Act of 1972, if proceedings are waived, the City Council may order the annexation without the formal proceedings that have been used in the past; e.g., the resolution initiating proceedings, resolution of intent, and so forth. The petitions for both property owners, Toll Bros. and the Lin Family, are Attachment 4. Engineer's Report and Calculation of Proposed Assessment: As noted in the Financial Statement above, Staff has calculated the proposed assessment based on the preliminary budget for Fiscal Year 2001-2002. This budget assumes the acceptance of a total of 515 lights, including all of Dublin Ranch Phase 1, Tract 7067 (Clifden Pare), and small portions of Areas A and G. The proposed assessment per single family lot! and per multi-family dwelling unit is $15.10. Area G includes one future development that will he commercial in nature, and it is proposed to assess the commercial property at the same ratio as has been used in the Citywide Street Light Maintenance Assessment District; i.e., at a rate of 5.5 times the single family rate multiplied by the acreage. Staff recommends that the City Council adopt the Resolution approving the Preliminary Engineer's Report and the Resolution Setting a Public Hearing Date and Time (regular City Council meeting of August 7, 2001). RESOLUTION NO. -01 / ~ff~/~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY; OF DUBLIN APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 WHEREAS, by its Resolution No. 39-01, a Resolution Directing Preparation of Annual Report for City of Dublin Street Lighting Maintenance Assessment District No. 99-1, Dublin Ranch (the "District"), this Council designated the City Engineer as Engineer of Work and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, said Engineer of Work has made and filed with the City Clerk a preliminary report in writing as called for in said Resolution No. 39-01 and under and pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said Council has duly considered said report and finds that each and every part of said report is sufficient; and that said report neither requires nor should be modified in any respect; NOW, THEREFORE, BE IT RESOLVED a) That the Engineer's estimate of the itemized and total costs and expenses of the acquisition of improvements and maintaining said improvements and of the incidental expenses in connection therewith, as contained in said report be, and each of them are hereby preliminarily approved and confirmed; b) That the diagram showing the assessment district, description of the improvements to be acquired and maintained, and the boundaries and dimensions of the respective lots and parcels of land within said District, as contained in said report be, and!it is hereby preliminarily approved and confirmed; c) That the assessment of the total amount of the cost and expenses of the proposed acquisition and maintenance of said improvements upon the several lots and parcels of land in said District in proportion to the estimated benefits to be received by such lots and parcels, respectively, from said acquisition and maintenance, and of the expenses incidental thereto, as contained in said report be, and they are hereby preliminarily approved and confirmed. PASSED, APPROVED AND ADOPTED this 3rd day of July, 2001. AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor RESOLUTION NO. -01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 WHEREAS, by its Resolution No. 39-01, a resolution directing preparation of annual report for City of Dublin Street Lighting Maintenance Assessment District 99-1 (the "District") this Council designated the City Engineer as Engineer of Work and ordered that Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, said Engineer of Work has made and filed with the City Clerk a preliminary report in writing as called for in said Resolution No. 39-01, and under and pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient; NOW, THEREFORE, BE IT RESOLVED that a public hearing shall be held on August 7, 2001, at 7:00 p.m. at the Dublin Civic Center, 100 Civic Plaza, Dublin, California, at which the City Council will hear protests and will consider and finally act upon the Engineer's Report. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to give notice of said hearing by the following means: publishing a notice once a week for two weeks in a local newspaper published and circulated in the City and conspicuously iposting a notice at not less than three public locations; said noticing to be completed at least ten (10) days before the date herein set for hearing of protests. BE IT FURTHER RESOLVED that said notices shall coma the following information: the estimated assessment per parcel, the general description of the purpose or improvements the assessment will fired, the address to which a protest may be mailed, and the date, hour, and place set for the aforementioned public heating. PASSED, APPROVED, AND ADOPTED this. 3rd day of july, 2001. AYES: NOES: ABSENT: ABSTAIN: ATTEST: city Clerk Mayor ,A,TT ,C!qMENT CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 99-1 (DUBLIN RANCH AREA AND TRACT 7067) (PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972) FISCAL YEAR 2001-2002 ENGINEER'S REPORT THE UNDERSIGNED RESPECTFULLY SUBMITS THE ENCLOSED REPORT AS DIRECTED BY THE CITY COUNCIL DATED: ENGINEER OF WO AT!Ac,,nMENT ENGINEER'S REPORT STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 99-1 (DUBLIN RANCH AREA) Pursuant to the Landscaping and Lighting Act of 1972 LEE THOMPSON, City Engineer of the City of Dublin and Engineer of Work for Street Lighting Maintenance Assessment District No. 99,1 (Dublin Ranch Area and Tract 7067), City of Dublin, Alameda County, California, makes this report, as directed by the City Council, pursuant to Section 22585 of the Streets and Highways Code (Landscaping and Lighting Act of 1972). The total assessment district area is 225.5 acres as shown in Part A (the Assessment Diagram and Boundaries Map) of this report. The "ultimate improvements" consist of: The maintenance, operation, repair and replacement of all public street lighting facilities located within the public streets and within; public easements within private streets within the District Boundaries, as shown on the approved improvement plans for the following Tracts: Final Maps 6925 and 6956 through 6964 and Tract 7067, including, but not limited to, the lighting poles, fixtures, conduits, conductors, service boxes, controllers, and appurtenances, and the furnishing of power, together with all incidental expenses for the maintenance, operation, and repair of the street lighting system. This report consists of five parts as follows: Part A - Part B - Part C - Part D - Part E - An Assessment Diagram and Boundary Map showing all of the real property within the Assessment District. An estimate of the annual maintenance costs for the planned "ultimate improvements" to be maintained. An Assessment Roll detailing the estimated cost of the maintenance on each residential parcel within the Assessment District. A statement of the method by which each parcel is proposed to be assessed. A list of assessors parcel numbers within this Assessment District, as shown on the last equalized assessment roll for taxes, or as known to the Clerk. This Distdct is being established to pay for maintenance, operation and repair of the street light fixtures, which differ from the City Standard. A special light fixture has been created as a community element, which is a benefit to the homeowners within the Districtboundary. Respectfully submitted, e Th<~mp , E s~ork~~ Page 2 PART A ASSESSMENT DIAGRAM AND BOUNDARY MAP TO BE PROVIDED AS AN ATTACHMENT Page 3 PART B AN ESTIMATE OF THE ANNUAL MAINTENANCE COST FOR STREET LIGHTING IMPROVEMENTS STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 99-1 street lights currently installed or antidpated to be installed in 2001-02:515 Total street lights estimated to be installed: 1021 (ultimate improvements) ENERGY COST, includes Dublin Ranch Phase 1, Area A, and Area G And Tract 7067 STANDARD MAINTENANCE, includes Dublin Ranch Phase 1, Area A, and Area G And Tract 7067 Fiscal Year 2001-02 $28,050 $14,300 ADMINISTRATIVE COSTS for all areas Engineers Report and cost of noticing $665 Annual Administrative Cost $610 CAL-SLA Dues and Conference $152 FUND FOR FUTURE POLE PAINTING ($115 x 515 lights, divided by 10 years) Dublin Ranch Phase 1, Area A, and Area G And Tract 7067 Use of Existing Reserve to Offset Portion of Cost: COUNTY COST OF COLLECTION AND DELINQUENCY Cost of collection @ 1.7% ($782) Estimated delinquency @ 2% ($920) TOTAL FY 2001-02 ASSESSMENT + TOTAL OF 2,935 LOTS Cash Balance Information: Beginning Fund Balance, July 1, 2000 Fiscal Year 2000-01 Estimated Revenue (assessment) Fiscal Year 2000-01 Estimated Interest Income Fiscal Year 2000-01 Estimated Expenditures Estimated Fund Balance, July 1, 2001 Fiscal Year 2001-02 Assessment: Fiscal Year 2001-02 Estimated Interest Income Fiscal Year 2001-02 Estimated Expenditures: Fiscal Year 2001-02 Pole Painting Fund Pole Painting Fund, Pdor Years Estimated Fund Balance, July 1, 2002 Subtotal: Subtotal: Subtotal: $1,427 $43,777 $5,923 $49,700 ($3,700) $46,000 $1,702 $44,298 $15.093 per lot Round to $15.10 $18,588 $10,882 $1,252 ($947) $29,775 $44,298 $1,562 ($43,777) ($5,923) ($5,850) $20,085 Page 4 Part B continued In addition tothe increase in the annual maintenance cost as a result of additional lights, the annual maintenance cost shall be increased annually beginning July 1, 2000, by the percentage increase in the Bay Area Urban Wage Earner Consumer Price Index ("Index") (applies to all costs except electricity), plus any actual increase in the cost Of electricity. If the Bay Area Urban Wage Earner Consumer Price Index is unavailable or deemed by the City Council to be inappropriate, a comparable consumer price index, as approved by the City Council, shall be used to replace the Bay Area Urban Wage Earner Price Index. SAMPLE CALCULATION: Assume an increase in the index of 1% and a utility increase of 5%. ULTIMATE IMPROVEMENT COST LESS ENERGY COST (SUBJECT TO RATE INCREASE ONLY) $93,562 $(45,577) ASSESSMENT SUBJECT TO INDEX INCREASE $47,985 INDEX INCREASE (ASSUMED 1%) 47,985 x.01 =480 $480 ENERGY COST 5% UTILITY RATE INCREASE 45577x .05 = 2279 $45,577 $2,279 NEW TOTAL MAINTENANCE COST $96,321 Page 5 PART C ASSESSMENT ROLL STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 99-1 Assessment No. Name of Property Number Owner of Lots Lots 1-92 Tract 6956 Unknown Lots 1-69 Tract 6957 Unknown Lots 1-86 Tract 6958 Unknown Lots 1-91 Tract 6959 Unknown Lots 1-113 Tract 6960 Unknown Lots 1-117 Tract 6961 Unknown Lots 1-111 Tract 6962 Unknown Lots 1-45 Tract 6963 Unknown Lots 1-123 Tract 6964 Unknown Lots 1-17 Tract 7067 Unknown Future Tracts 7324, 7325, 7326, 'and Unknown 7327 (Area G) Includes commercial property calculated at 5.5 benefit units x lot acreage and high density residential calculated at 1 benefit unit per dwelling unit Lots 1-110 Future Tract 7136 Unknown Lots 1-50 Future Tract 7137 Unknown Lots 1-84 Future Tract 7138 Unknown Lots 1-54 Future Tract 7139 Unknown Lots 1-62 Future Tract 7140 Unknown Lots 1-97 Tract 7141 Unknown Lots 1-105 Tract 7142 Unknown Annual Assessment Fiscal Year 2001-02 Ultimate Improvements Per Lot Total Per Lot Total* 92 15.10 1,389.20 $34.22 3,148.24 69 15.10 1,041.90 $34.22 2,361,18 86 15.10 1,298.60 $34.22 2,942.92 91 15.10 1,374;00 $34.22 3,114.02 113 15.10 1,706.30 $34.22 3,866.86 117 15.10 1,766.70 $34.22 4,003.74 111 15.10 1,676.1 0 $34.22 3,798.42 45 15.10 679.50 $34.22 1,539.90 123 15.10 1,857.30 $34.22 4,209.06 17 15.10 256.70 $34.22 581.74 1,509 15.10 22,785.90 $34.22 51,637.98 units 110 50 84 54 62 97 105 15.10 1,661.00 $34.22 3,764.20 15.10 755.00 $34.22 1,711.00 15.10 1,268.40 $34.22 2,874.48 15.10 815.40 $34.22 .1,647.88 15.10 936.20 $34.22 2,121.64 15.10 1,464.70 $34.22 3,319.34 15.10 1,585.50 $34.22 3,593.10 TOTAL: 2,935 *Subject to increases in consumer price index and actual utility cost. Page 6 15.10 44,318.50 $34.22 100,435.70 PART D METHOD OF SPREAD OF ASSESSMENTS STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 99-1 DUBLIN RANCH AREA AND TRACT 7067 The maintenance of the street lighting within the boundaries of the Assessment District benefits each residential lot in the District in the same manner and to the same extent. Therefore, the Assessment has been equally apportioned over the proposed 864 planned single-family residential lots contained within the District. The per lot assessment will be $15.10 per lot for Fiscal Year 2001-2002, increasing to $34.22 (subject to inflation and utility rate increases) at buildout for all residential lots within the boundaries of the District on a per lot basis. All non;residential lots within the Distdct have been exempted and will have a zero assessment since they receive no special benefit with regard to the special light fixtures. Until they are subdivided, the assessment for these lots shall be equal to the per-lot or per-unit assessment each year, times the number of proposed lots within each Tract. With the recording of the future Tract maps, the new assessments will be reapportioned to each of the individual residential lots. The assessment for commercial lots shall be calculated at 5.5 units x the acreage of the lot. As more street lights are installed each year, until all 1,021 are installed, the assessment each year will be based on the estimated cost of maintenance (using the numbers in Part B, adjusted for inflation as noted in Part B), divided by the number of lights to be installed that year, provided in no event will the per lot assessment be more than $34.22 (as adjusted for inflation). It should be noted that future annexations to this District may affect the spread of assessments. Page 7 PART E PROPERTY OWNER'S LIST STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 99-1 Assessment No. Lots 1-92 Tract 6956 Unknown Lots 1-69 Tract 6957 Unknown Lots 1-86 Tract 6958 Unknown Lots 1-91 Tract 6959 Unknown Lots 1 -113 Tract 6960 Unknown Lots 1 - 117 Tract 6961 Unknown Lots 1-111 Tract 6962 Unknown Lots 1-45 Tract 6963 Unknown Lots 1-123 Tract 6964 Unknown Lots 1-17 Tract 7067 Unknown Future Trads 7324, 7325, 7326, and 7327 Unknown (Area G) Lots 1-110 Future Tract 7136 Unknown Lots 1-50 Future Tract 7137 Unknown Lots 1-84 Future Tract 7138 Unknown Lots 1-54 Future Tract 7139 Unknown Lots 1-62 Future Tract 7140 Unknown Lots 1-97 Tract 7141 Unknown Lots 1-105 Tract 7142 Unknown Name of Property Owner The above property owners and the City of Pleasanton and Dublin San Ramon Services District own additional non-residential properties such as community-owned open space parcels, proposed public facilities, and community owned recreation parcels, within the District boundaries, but they will have a zero assessment. Page 8 STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 99-1 (DUBLIN RANCH AREA AND TRACT 7067) CERTIFICATE8 I, the City Clerk of the City of Dublin, California, hereby certify that the foregoing Engineer's Report, including Assessment, in the amounts set forth in Part B, with the diagram thereto attached, was filed with me on July 3, 2001. I, the City Clerk of the City.of Dublin, California, hereby certify that the foregoing Engineer's Report, together with the Assessment and diagram thereto attached, was preliminadly approved and confirmed by the City Council of said City by its Resolution No. -01, duly adopted by said Council on July 3, 2001. I, the City Clerk of the City of Dublin, California, hereby certify that the foregoing Engineer's Report, together with the Assessment and diagram thereto attached, was finally approved and confirmed by the City Council of said City by its Resolution No. -01, duly adopted by said Council on August 7, 2001. I, the City Clerk of the City of Dublin, California, hereby certify that the foregoing Engineer's Report, together with the Assessment and diagram thereto attached, was filed in the office of the County Auditor of the County of Alameda, California, on August 10, 2001. Page 9 LANDOWNER PETITION & CONSENT TO FORMATION OF MAINTENANCE DISTRICT LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 99-1 TRACTS 7135-7142, 7148, 7152, 7153 & 7324-7327 (Pursuant to the Landscaping and Lighting Act of 1972) 1 ) The undersigned are the owners of the lands as shown in Exhibit A attached hereto and made a part hereof. 2) The undersigned hereby requests and consents to the formation of a maintenance district pursuant to the Landscaping and Lighting Act of 1972 (Sections 22500 and following, California Streets and Highways Code) for the purpose of providing the following improvemen, ts: The operation, maintenance, and repair of street lights within the affected boundary as shown on the attached Exhibit A. 3) The undersigned hereby understand that: ae The cost and expenses of the annual servicing, operation and/or maintenance will be charged to the land, which benefitstherefrom, including our land. An engineer's report will be prepared for the project which will contain a description of the services proposed to be financed through the levy of assessments, a cost estimate for the services to be provided, a description of each lot or parcel of property proposed to be subject to the landscaping and lighting assessment, the amount of the 'proposed assessment for each lot or parcel, and the basis and schedule of the assessment. Oe The cost of the engineering, legal, and other incidental fees and expense will be included in the project cost to 'be shown in the above report. Each property owner will pay an annual assessment for the servicing, operation and/or maintenance of the public improvements referenced herein, the same to be set annually by the City Council by resolution or ordinance. That you assess the cost of the annual servicing, operation and maintenance of said public improvements, together with the incidental expenses of said proceedings, upon the district benefited thereby, the exterior boundaries of which are described as the exterior boundaries of the composite and consolidated area of all parcels of property more particularly shown on a map attached as Exhibit A. 4) The undersigned hereby waive the notice of public hearing otherwise required by the Landscaping and Lighting Act of 1972 for the formation of the maintenance district. 5) That in the event of the termination of these proceedings after they have been instituted but prior to their completion, the undersigned will reimburse you for any sums incurred or advanced by you up to said time for any costs incurred in the conduct of said proceedings including, without limitation, costs for engineering, legal or other services, or pay said items directly to the parties furnishing the same. NAME AND ADDRESS OF LANDOWNERS DESCRIPTION OF PROPERTY As shown on attached Exhibit A As Owners: CHANG SU-O LIN, HONG YAO LIN,~AND HONG LIEN LIN By MARTIN IN:~"~?~'~'¢~"DERBITZ~C"~'~E~,~HORIZIE:D AGENT Dated: , ~ - 7077 Koll t Suite 120 Pleasanton, California 94566 Potions of Assessor Parcel Nos. 985-8-15 & 985-9-4, & 985-9-5. As Owner: DR ACQUISITIONS ]'J:, LLC, a Delaware limited liability company, which acquired a Delaware. , , limited liability company MARTIN INDERBITZE IZED AGENT Dated: l~f , ~r;y, ll f' 7077 Koll center Pkwy., Suite 120 Pleasanton, California 94566 Portions of Assessor Parcel Nos. 985-9-4 & 985-9-5· As Owner: DR ACQUISITIONS ]:, LLC, a Delaware limited liability company, which acquired · ' : L~, a Delaware limited liability company · M~RTIN IN~'~RBITZEN, AU D AGENT Dated: 7077 K011center Pkwy., Suite 120 Pleasanton, California 94566 All of Assessor Parcel Nos. 985-2-3-6, 985-8-28-2, & 985-8-28-3, 985-10-4-5, & portions of Assessor Parcel Nos. 985-7-2-17, 985-8-27, 985-8-28-1,985-8-28-4, & 985-8-29· 2 ',\MSPL06\Office%2001\16034-3\Reports%2001 petition-2MI.doc LANDOWNER PETITION & CONSENT TO FORMATION OF MAINTENANCE DISTRICT LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 99-1 TRACTS 7135-7142, 7148, 7152, 7153 & 7324-7327 (Pursuant to the Landscaping and Lighting Act of 1972) 1 ) The undersigned are the owners of the lands as shown in Exhibit A attached hereto and made a part hereof. 2) The undersigned hereby requests and consents to the formation of a maintenance district pursuant to the Landscaping and Lighting Act of 1972 (Sections 22500 and following, California Streets and Highways Code) for the purpose of providing the following improvements: The operation, maintenance, and repair of street lights within the affected boundary as shown on the attached Exhibit A. 3) The undersigned hereby understand that: am The cost and expenses of the annual servicing, operation and/or maintenance will be charged to the land, which benefits therefrom, including our land. An engineer's report will be prepared for the project which will contain a description of the services proposed to be financed through the levy of assessments, a cost estimate for the services to be provided, a description of each lot or parcel of property proposed to be subject to the landscaping and lighting assessment, the amount of the proposed assessment for each lot or parcel, and the basis and schedule of the assessment. The cost of the engineering, legal, and other incidental fees and expense will be included in the project cost to be shown in the above report. Each property owner will pay an annual assessment for the servicing, operation and/or maintenance of the public improvements referenced herein, the same to be set annually by the City Council by resolution or ordinance. That you assess the cost of the annual servicing, operation and maintenance of said public improvements, together with the incidental expenses of said proceedings, upon the district benefited thereby, the exterior boundaries of which are described as the exterior boundaries of the composite and consolidated area of all parcels of property more particularly shown on a map attached as Exhibit A. 4) The undersigned hereby waive the notice of public hearing otherwise required by the Landscaping and Lighting Act of 1972 for the formation of the maintenance district. 5) That in the event of the termination of these proceedings after they have been instituted but prior to their completion, the undersigned will reimburse you for any sums incurred or advanced by you up to said time for any costs incurred in the conduct of said proceedings including, without ·limitation, costs for engineering, legal or other services, or pay said items directly to the parties furnishing the same. NAME AND ADDRESS OF LANDOWNERS DESCRIPTION OF PROPERTY As shown on attached Exhibit A As Owner: 'Toll-Dublin, LLC, a California limited liability company By: Toll CA GP Corp., a California Corporation Its: General Partner 100 Park Place, Suite 140 San Ramon, California 94583 Att.: John Paynter By: ~ Dated: JOHN PAYNTER, Project Manager Portions of Assessor Parcel Nos. 985-9-4 & 985-9-5. As Owner: Toll CA rr, LLC, a California limited partnership By: Toll CA GP Corp., a California Corporation Its: General Partner 100 Park Place, Suite 140 San Ramon, California 94583 Att.: John Paynter By: ~ .Dated: JOHN PAYNTER, Project Manager Portions of Assessor Parcel Nos. 985-8-27, 985-8-28-1,985-8-28-4, 985-8-29, & 985-8-30. 2 O:~2001\16034-3',Reportsx2001 petition-l.doc DUBUN (FUTURE ANND(ATIDN NOTE: S~ADING INDICA?~S · ~. . ANNEXATION AgEAS ..... -(A~EAS A & G). EXHIB IT "A" UGHT1NG MNNTDNANCE ASSESSMENT DISTRICT N0. 99-1 (DUBLIN RANCH AREA) FOR THE RSCAL 2001-2002 TRACT 7148 ~TTY OF DUBLIN, N,,/&IEDA COUN'IY~ ~ALrFORliA ...... ' .... IgAdGar&semps