HomeMy WebLinkAbout01-094 - Resolutions RESOLUTION NO. 01-094
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 9 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT 16105
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has
previously formed a special maintenance district pursuant to the terms of the "Landscaping and
Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of
California, said special maintenance district known and designated as Landscape Maintenance
District No. 9, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District
No. 8 (referred to collectively as the "Maintenance Districts"); and
WHEREAS,the provisions of Article 2 of Chapter 2 of the"Landscaping and Lighting
Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and
WHEREAS, such provisions also provide that the requirement for the preparation
resolutions, an assessment engineer's report, notices of public hearing and the right of majority
protest may be waived in writing with the written consent of all of the owners of property within the
territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the 1972 Act related to the
annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of
California ("Article XIIID")establishes certain procedural requirements for the authorization to levy
assessments which apply to the levy of annual assessments for the Maintenance Districts on the
territory proposed to be annexed to such districts; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto
and incorporated herein by this reference have requested that such property (collectively, the
"Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual
assessments to finance the maintenance of certain improvements described in Exhibit B hereto(the
"Improvements'); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly
executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A
Maintenance District And Approval Of The Levy Of Assessments On Such Real Property' (the
"Consent and Waiver"); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have
expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the
annexation of the Territory to the Maintenance Districts and have expressly consented to the
annexation of the Territory to the Maintenance Districts; and
WHEREAS, by such Consent and Waiver,all of the owners of the Territory have also
expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or
Article XI IID applicable to the authorization to the levy the proposed annual assessment against the
Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have
declared support for, consent to and approval of the authorization of levy such proposed annual
assessment set forth in Exhibit C attached hereto; and
Resolution No. 01-094
Page 2 of 12
WHEREAS, at this time the City Council desires to order the annexation of the
Territory to the Maintenance Districts and to authorize the levy of annual assessments against the
Territory in amounts not to exceed the amounts set forth in Exhibit C hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA HEREBY RESOLVES AS FOLLOWS:
SECTION 1: That the above recitals are all true and correct.
SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each
parcel in the Territory do not exceed the reasonable cost of
the proportional special benefit conferred on each such
parcel from the Improvements.
b. The proportional special benefit derived by each parcel in the
Territory from the Improvements has been determined in
relationship to the entirety of the cost of the maintenance of
the Improvement.
c. Only special benefits will be assessed on the Territory by the
levy of the proposed annual assessments.
SECTION 3: This legislative body hereby orders the annexation of the Territoryto
the Maintenance Districts,approves the financing of the maintenance
of the Improvements from the proceeds of annual assessments to be
levied against the Territory and approves and orders the levy of
annual assessments against the Territory in amounts not to exceed
the amounts set forth in Exhibit"B".
SECTION 4: All future proceedings of the Maintenance Districts, including the levy
of all assessments, shall be applicable to the Territory.
Please see the following page
For formal adoption and signatures
Resolution No. 01-094
Page 3 of 12
PASSED,APPROVED,AND ADOPTED this 18' day of April 2001.
AYES: Alexander, Biane, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
c
William J. Alexa er, Mayor
ATTEST:
D ra J. Adai , CMC, City Clerk
I, DEBRA J.ADAMS,CITY CLERK of the City of Rancho Cucamonga,California,do
hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City
Council of the City of Rancho Cucamonga, California,at a Regular Meeting of said City Council held
on the 18'"day of April 2001.
Executed this 19`" day of April, at Rancho Cucamonga, California.
Debra J. Ad s, CMC, City Clerk
Resolution No. 01-094
Exhibit A Page 4 of 12
To
Identification of the Owner and Description of the Property
To be Annexed
The Owner of the Property is:
Rancho Cucamonga Land Co., LLC, A California Limited Liability Company
(Print or type the name of the Owner of the Property in the space provided above.)
The legal description of the Property is:
See A-2
A - 1
Resolution No. 01-094
Page 5 of 12 EXHIBIT"A"
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN BERNARDINO AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOTS 9 AND 10 IN BLOCK "R" OF ETIWANDA COLONY LANDS, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT
RECORDED IN BOOK 2 OF MAPS, PAGE 24, RECORDS OF SAN BERNARDINO COUNTY,
CALIFORNIA.
EXCEPTING THEREFROM ONE-HALF OF ALL OIL, GAS AND MINERALS AND ALL OIL, GAS
AND MINERAL RIGHTS UPON AND UNDER THE LAND HEREIN DESCRIBED,BELOW A DEPTH
OF 500 FEET WITHOUT THE RIGHT OF ENTRY UPON THE SURFACE OF SAID LAND, AS
CONTAINED IN THE DEED FROM DANIEL L. PLIES, A MARRIED MAN, RECORDED MAY 17,
1971, IN BOOK 7669,PAGE 144, OFFICIAL RECORDS.
EXCEPTING THEREFROM THAT PORTION OF LOT 10 CONDEMNED TO THE STATE OF
CALIFORNIA BY ORDER OF CONDEMNATION,A CERTIFIED COPY OF WHICH WAS RECORDED
APRIL 1, 1975, IN BOOK 8647, PAGE 612, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT; THENCE ALONG THE NORTH LINE
OF SAID LOT NORTH 890 48' 57" EAST 235.87 FEET; THENCE SOUTH 441 47' 32" WEST 334.47
FEET TO THE WEST LINE OF SAID LOT; THENCE ALONG SAID WEST LINE 0° 03'.16" WEST
236.60 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL, DATED
JULY 25, 1956, LYING EAST OF THE EAST LINE OF LOT 9 OF BLOCK "R" OF THE
ETIWANDA COLONY LANDS SUBDIVISION AS RECORDED IN BOOK OF MAPS,PAGE
24, RECORDS OF SAID COUNTY, LYING WEST OF THE WEST LINE OF EAST AVENUE
(60 FEET IN WIDTH)AND BETWEEN THE EASTERLY PROLONGATIONS OF THE NORTH
LINE OF LOT 9 AND THE SOUTH LINE OF LOT 9 OF BLOCK "R" OF THE ETIWANDA
COLONY LANDS SUBDIVISION, AS RECORDED IN BOOK 2 OF MAPS, PAGE 24,
RECORDS OF SAID COUNTY;THE RIGHT OF WAY OF THE AFORESAID EAST AVENUE
BEING DELINEATED ON THE MAP RECORDED IN BOOK 2, PAGE 62, RECORDS OF
SURVEY.
EXCEPTING AN UNDIVIDED ONE-HALF OF ALL OIL, GAS AND MINERALS AND AN
UNDIVIDED ONE-HALF OF ALL OIL, GAS AND MINERAL, RIGHTS UPON AND UNDER THE
LAND HEREIN DESCRIBED,AS CONTAINED IN THE DEED FROM SECURITY FIRST NATIONAL
BANK OF LOS ANGELES TO WALTER T. CASEY, A MARRIED MAN, RECORDED AUGUST 21,
1937, IN BOOK 1219, PAGE 483, OFFICIAL RECORDS, BUT WITHOUT THE RIGHT OF ENTRY
UPON THE SURFACE OF SAID PROPERTY HEREIN DESCRIBED, AS QUITCLAIMED BY
INSTRUMENT RECORDED OCTOBER 10, 1952, IN BOOK 3035,PAGE 303, OFFICIAL RECORDS.
A-2 TR 161C
Resolution No. 01-094
Page 6 of 12
ALSO EXCEPTING THEREFROM ONE-HALF OF ALL OIL,GAS AND MINERALS AND ALL OIL,
GAS AND MINERAL RIGHTS UPON AND UNDER THE LAND HEREIN DESCRIBED, BELOW A
DEPTH OF 500 FEET,WITHOUT THE RIGHT OF ENTRY UPON THE SURFACE OF SAID LAND,AS
CONTAINED IN THE DEED FROM DANIEL L. PLIES, A MARRIED MAN, RECORDED MAY 17,
1971, IN BOOK 7669, PAGE 144, OFFICIAL RECORDS.
PARCELS:
THAT PORTION OF LOT 11, BLOCK"R", AS SHOWN ON PRELIMINARY MAP OF ETIWANDA
COLONY LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA,ON FILE IN BOOK 2 OF MAPS,PAGE 24,RECORDS OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 11;THENCE ALONG THE EAST
LINE OF SAID LOT 11,NORTH 0°3' 16"WEST 425.32 FEET;THENCE COURSE"A",SOUTH 44°47'
32" WEST 237.60 FEET; THENCE COURSE "B" SOUTH 44° 20' 46" WEST 360.46 FEET TO THE
SOUTH LINE OF SAID LOT 11; THENCE ALONG SAID SOUTH LINE NORTH 89° 51' 08" EAST
419.76 FEET TO THE POINT OF BEGINNING.
PARCEL4:
LOT 8,BLOCK"R"OF ETIWANDA COLONY LANDS,IN THE CITY OF RANCHO CUCAMONGA,
COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 2
OF MAPS, PAGE 24,RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION CONDEMNED TO THE STATE OF CALIFORNIA BY
ORDER OF THE SUPERIOR COURT, CASE NO. 158685, A CERTIFIED COPY OF WHICH WAS
RECORDED APRIL 1, 1975, IN BOOK 8647, PAGE 627, OFFICIAL RECORDS, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 8;THENCE ALONG THE NORTH LINE
OF SAID LOT NORTH 890 46' 46" EAST 275.54 FEET TO A POINT IN A NON-TANGENT CURVE
CONCAVE SOUTHEASTERLY WITH A RADIUS OF 4000 FEET; THENCE SOUTHWESTERLY
ALONG SAID CURVE FROM A TANGENT BEARING SOUTH 51' 48' 46"WEST THROUGH AN
ANGLE OF 50 12' 37",A DISTANCE OF 363.75 FEET TO THE WEST LINE OF SAID LOT;THENCE
ALONG SAID WEST LINE NORTH 00 03' 31"WEST 236.50 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION CONDEMNED TO THE CUCAMONGA COUNTY
WATER DISTRICT BY FINAL ORDER OF CONDEMNATION, A CERTIFIED COPY OF WHICH
RECORDED FEBRUARY 3, 1998, AS INSTRUMENT NO. 98-038591, OFFICIAL RECORDS AND
RECORDED MARCH 16, 1998, AS INSTRUMENTNO. 98-093850, OFFICIAL RECORDS.
PARCEL 5:
THAT PORTION OF SECTION 4,TOWNSHIP 1 SOUTH,RANGE 6 WEST,SAN BERNARDINO BASE
AND MERIDIAN, IN THE CITY OF RANCHO CUCANONGA, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY
THE SURVEYOR GENERAL,DATED JULY 25, 1856,LYING EAST OF THE EAST LINE OF LOT 8 OF
BLOCK"R",OF THE ETIWANDA COLONY LANDS SUBDIVISION,AS RECORDED IN BOOK 2OF
MAPS, PAGE 24, RECORDS OF SAID COUNTY, LYING WEST OF EAST AVENUE (60 FEET IN
A-3 TR 16105
Resolution No. 01-094
W I1�I"H)W'ND BETWEEN THE EASTERLY PROLONGATIONS OF THE NORTH AND SOUTH LINES
OF LOT 8 OF BLOCK"r"OF THE ETIWANDA COLONY LANDS SUBDIVISION,AS RECORDED IN
BOOK 2 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY; THE RIGHT OF WAY OF THE
AFORESAID EAST AVENUE BEING DELINEATED ON MAP RECORDED,IN BOOK 2, PAGE 62,
RECORDS OF SURVEY.
EXCEPTING AN UNDIVIDED 'h OF ALL OIL, GAS AND MINERALS AND AN UNDIVIDED V.OF
ALL OIL,GAS AND MINERAL RIGHTS UPON AND UNDER THE LAND HEREIN DESCRIBED,AS
CONTAINED IN THE DEED FROM SECURITY FIRST NATIONAL BANK OF LOS ANGELES TO
WALTER T.CASE,A MARRIED MAN, RECORDED AUGUST 21, 1937, IN BOOK 1219, PAGE 483,
OFFICIAL RECORDS, BUT WITHOUT RIGHT OF ENTRY UPON THE SURFACE OF SAID
PROPERTY HEREIN DESCRIBED AS QUITCLAIMED BY INSTRUMENT RECORDED OCTOBER 10,
1952,IN BOOK 3035, PAGE 303,OFFICIAL RECORDS.
ALSO EXCEPTING AN UNDIVIDED ''/: OF ALL OIL, GAS AND MINERALS AND ALL OIL, GAS
AND MINERAL RIGHTS UPON AND UNDER THE LAND HEREIN DESCRIBED,BELOW A DEPTH
OF 500 FEET, WITHOUT THE RIGHT OF ENTRY UPON THE SURFACE OF SAID LAND, AS
CONTAINED IN THE DEED FROM DANIEL L. PLIES, A MARRIED MAN, RECORDED MAY 17,
1971,IN BOOK 7669,PAGE 142, OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION CONDEMNED TO THE CUCAMONGA COUNTY
WATER DISTRICT BY FINAL ORDER OF CONDEMNATION A CERTIFIED COPY OF WHICH
RECORDED FEBRUARY 3, 1998,AS INSTRUMENT NO.98-03 859 1,OF OFFICIAL RECORDS AND
RECORDED MARCH 16, 1998,AS INSTRUMENT NO. 98-093850,OF OFFICIAL RECORDS.
PARCEL&
THAT PORTION OF LOT 7, BLOCK "R", AS SHOWN BY PRELIMINARY MAP OF ETIWANDA
COLONY LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO,
SATE OF CALIFORNIA,RECORDED IN BOOK 2 OF MAPS,PAGE 24,RECORDS OF SAID COUNTY,
LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT IN THE SOUTH LINE OF SAID LOT 7,DISTANT ALONG SAID SOUTH
LINE,NORTH 89--48' 57" EAST 235.87 FEET FROM THE SOUTHWESTERLY CORNER OF SAID
LOT; THENCE NORTH 44° 47' 32" EAST 477.60 FEET TO THE POINT OF TANGENCY OF THIS
COURSE WITH THE SOUTHWESTERLY CONTINUATION OF THAT CERTAIN CURVE,CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 4000 FEET AS DESCRIBED IN FINAL ORDER OF
CONDEMNATION RENDERED IN SUPERIOR COURT CASE NO. 158685,A CERTIFIED COPY OF
WHICH WAS RECORDED MARCH 31, 1975, IN BOOK 8647, PAGE 627, OFFICIAL RECORDS;
THENCE NORTHEASTERLY ALONG SAID CONTINUATION, A DISTANCE OF 126.38 FEET TO
THE EAST LINE OF SAID LOT 7
A-4 TR 16105
Resolution No. 01-094
Page 8 of 12
ExH/air
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO.9
STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 8
Mcr
SE
1
75 4 73 72 7 7069 68 t 15 14 13
76
67
617 12
6
77 65 11 I
�j 897 7 60 6 626 64- 18 10 ,
19• 9 I
9 59 40 39 20 8
9658 41 38 21 7 I
79 57 42 37 22 6 ,
1py `r 94 go 56 43 36 23 - 5 I
/ 104 93. 81 55 44 35 2 ,.
,pb 92 82 54 45 34 25 3 3
1
91 63 53 46 33 6 2 I
: 84 52 47 32 1
51 48
so 49 30 24 147 1
� I
146 1
144 ,
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M/LLEiP AI/E.
— -STJPF.ET TMJ ?p¢ EA•.
_- - STREET _Lldrllr " fid_ 464.
CITY OF RANCHO CUCAMONGA NORTH
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA /�✓�
Resolution No. 01-094
Exhibit B Page 9 of 12
To
Description of the District Improvements
Fiscal Year 2000/2001
LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA):
The proposed improvements and the installation and/or maintenance of such'improvements for the
proposed district located south.of Victoria Street, north of Foothill Boulevard, east of Etiwanda
Avenue, and west of East Avenue, are to be generally described as follows:
Park improvements including, but not limited to, grading, planting, irrigation, on-site roads
sidewalks, parking lots, lighting, waterscape, restrooms, senior citizen facilities, playground
equipment,picnic facilities,major lighted athletic facilities,jogging trails,underground storm drain
system, maintenance facilities and adjacent public street improvements.
STREET LIGHT MAINTENANCE DISTRICT NO. I (ARTERIAL STREETS):
Street Light Maintenance District No. 1 (SLD#1)is used to fund the maintenance and/or installation
of street lights and traffic signals located on arterial streets throughout the City. The facilities within
this district,being located on arterial streets,have been determined to benefit the City as a whole on
an equal basis and as such those costs associated with the maintenance and/or installation of the
facilities is assigned to the City-wide district.
The sites maintained by the district.consist of street lights on arterial streets and traffic signals on
arterial streets within the rights-of-way or designated easements of streets dedicated to the City.
STREET LIGHT MAINTENANCE DISTRICT NO. 8(SOUTH ETIWANDA)
Street Light Maintenance District No. 8 (SLD#8)is used to fund the maintenance and/or installation
of street lights and traffic signals located on local streets in what is termed the South Etiwanda area
of the City. Generally this area encompasses the area of the City cast of Etiwanda Avenue,north of
Foothill Boulevard and south of Highland Avenue within the incorporated area of the City. It has
been determined that the facilities in this district benefit the properties within this area of the City.
The sites maintained by the district consist of street lights on local streets and traffic signals (or a
portion thereof)on local streets within the South Etiwanda area.
B — 1 TR 16105
Resolution No. 01-094
Page 10 of 12
Exhibit B(continued)
Proposed additions to Work Program(Fiscal Year 2001/2002)
For Project: Tract 16105
Number of Lamps
Street Lights 5800L 9500L 16,0001, 22,000E 27,500L
SLD# 1 --- 6 --- ---
SLD#8 37 --- --- --- ---
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
L 9 --- --- 8845 204
*Existing items installed with original project
Assessment Units by District
Parcel DU S1 S8 L9
147 147 147 147
Annexation Date: April 4,2001
B-2 TR 16105
Resolution No. 01-094
Page 11 of 12
Exhibit C
Proposed Annual Assessment
Fiscal Year 2000/2001
LANDSCAPE MAINTENANCE DISTRICT NO.9(LOWER ETIWANDA):
It is recommended that the rate per assessment unit (A.U.)remain at $375.91 for the fiscal year
2001/02. The following table summarizes the assessment rate for Landscape Maintenance District
No. 9(Lower Etiwanda):
#of #of Rate Per
Physical Physical Assessment Assessment Assessment
Land Ilse Iinit Type Units Unita Factor units Unit Revenue
Single Family Parcel 269.00 1.00 269.00 $375.91 $101,119.79
The Proposed Annual Assessment against the Property is:
147 Parcels x 1 A.U. Factor x $375.91 Rate Per A.U._ $55,258.77 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. I (ARTERIAL STREETS)
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2000/01. The following table
summarizes the assessment rate for Street Light Maintenance District No. I (Arterial Streets):
#of Rate Per
Physical #of Physical Assessment Assessment Assessment
Land Ilse Unit Tyne Units Units Factor Unita Unit Revenue
Single Family Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00
Multi-Family Unit 6,257.00 1.00 6,257.00 $17.77 $111,190.00
Commercial Acre 1,999.52 2.00 3,999.04 $17.77 $71,060.00
Total $483,560.00
The Proposed Annual Assessment against the Property is:
147 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U._ $2,612.19 Annual Assessment
C- 1 TR 16105
Resolution No. 01-094
Page 12 of 12
Exhibit C(continued)
STREET LIGHT MAINTENANCE DISTRICT NO. 8(SOUTH ETIWANDA):
The rate per assessment unit(A.U.) is $193.75 for the Fiscal Year 2000/01. The following table
summarizes the assessment rate for Street Light Maintenance District No. 8(South Etiwanda):
#of Rate Per
Physical #of Physical Assessment Assessment Assessment
Land Ilse unit Tyne Units 11nitq Factnr unit II 't Revenue
Single Parcel 81 1.00 81 $193.75 $15,694.00
Family
The Proposed Annual Assessment against the Property.is:
147 Parcels x I A.U. Factor x $193.75 Rate Per A.U. _ $28,481.25 Annual Assessment
C-2 TR 16105