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Home My WebLink About02-090 - Resolutions RESOLUTION NO. 02-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 15838 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 Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 7 (referred to collectively as the "Maintenance Districts"); and WHEREAS,the provisions of Article 2 of Chapter 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 XIIID 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. 02-090 Page 2 of 8 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 Territory to 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,certification and signatures Resolution No. 02-090 Page 3 of 8 PASSED, APPROVED, AND ADOPTED this 20th day of March 2002. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None William J. AI ander, Mayor ATTEST: /eAra . Adams,tAC, 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 201h day of March 2002. Executed this 21st day of March 2002, at Rancho Cucamonga, California. ti6j"' Q 4""' ebra J. Adams, WC, City Clerk Resolution No. 02-090 Page 4 of 8 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: RANCHO ETIWANDA 685, LLC AND STANDARD PACIFIC CORP. The legal description of the Property is: See attached Exhibit A on sheet A-2. The above-described parcels are shown on sheet A-3 attached herewith and by this reference made a part hereof. A— 1 TR 15838 Resolution No. 02-090 Page 5 of 8 EXHIBIT"A" LEGAL DESCRIPTION OF ANNEXATION TO LIGHTING DISTRICT (FUTURE TRACT 15838) THAT PORTION OF PARCEL 5 OF CERTIFICATE OF COMPLIANCE NO. 518 RECORDED AS INSTRUMENT NO. 20020045227 ON JANUARY 30, 2002, OFFICIAL RECORDS OF COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE WESTERLY TERMINUS OF THAT CERTAIN COURSE IN THE GENERAL SOUTHERLY LINE OF SAID PARCEL 5 AS HAVING A BEARING AND A DISTANCE OF "SOUTH 89°24'03" EAST 294.89 FEET"; THENCE SOUTH 89°24'03" EAST, A DISTANCE OF 219.89 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00°35'57" EAST, A DISTANCE OF 150.00 FEET; THENCE NORTH 89°24'03"WEST, A DISTANCE OF 2.85 FEET; THENCE NORTH 00"35'57" EAST, A DISTANCE OF 130.00 FEET; THENCE NORTH 89°24'03" WEST, A DISTANCE OF 8.11 FEET; THENCE NORTH 00"35'57" EAST, A DISTANCE OF 150.00 FEET; THENCE NORTH 89°24'03" WEST, A DISTANCE OF 52.00 FEET; THENCE NORTH 00"35'57" EAST, A DISTANCE OF 355.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 5, SAID POINT BEING DISTANT THEREON SOUTH 89024'03" EAST, A DISTANCE OF 324.65 FEET FROM THE NORTHWEST CORNER OF SAID PARCEL5. TOGETHER WITH THAT PORTION OF PARCEL 6 OF SAID CERTIFICATE OF COMPLIANCE LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE WESTERLY TERMINUS OF THAT CERTAIN COURSE IN THE GENERAL NORTHERLY LINE OF SAID PARCEL 6 AS HAVING A BEARING AND A DISTANCE OF "SOUTH 89024'03" EAST 294.89 FEET'; THENCE SOUTH 89"24'03" EAST, A DISTANCE OF 142.22 FEET TO THE TRUE POINT BEGINNING; THENCE SOUTH 00°35'57"WEST, A DISTANCE OF 149.16 FEET TO A POINT, SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 975.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS NORTH 01°47'07" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00017'00" AN ARC DISTANCE OF 4.82 FEET; THENCE NORTH 87055'51" EAST, A DISTANCE OF 39.94 FEET; THENCE SOUTH 00°35'57" WEST, A DISTANCE OF 150.26 FEET; THENCE NORTH 88°36'22" EAST, A DISTANCE OF 4.05 FEET; THENCE SOUTH 00°35'57" WEST, A DISTANCE OF 115.04 FEET; THENCE SOUTH 01031'33" EAST, A DISTANCE OF 84.73 FEET; THENCE SOUTH 00035'57" WEST, A DISTANCE OF 98.08 FEET; THENCE NORTH 89024'03" WEST, A DISTANCE OF 4.00 FEET; THENCE SOUTH 00035'57" WEST, A DISTANCE OF 170.00 FEET; THENCE NORTH 89024'03" WEST, A DISTANCE OF 5.84 FEET; THENCE SOUTH 00035'57" WEST, A DISTANCE OF 100.00 FEET; THENCE NORTH 89"24'03" WEST, A DISTANCE OF 0.69 FEET; THENCE SOUTH 00°35'57" WEST, A DISTANCE OF 255.02 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 6, SAID POINT BEING DISTANT THEREON NORTH 89042'29" EAST, A DISTANCE OF 372.65 FEET FROM THE SOUTHWEST CORNER OF SAID PARCEL 6. CONTAINING 14.79 ACRES, MORE OR LESS. \��pl LAAID s PREP UNDER TH PERVISI OF: W. Op GP< a 0 _ L.S. 4693 �'L O) * E.p. 9-30-03 !� GARY W. D KICH, P.L.S. 4693 DATE OF CAO LICENSE E CPIRES 9-30-2003 G:\525\10\L EGALS\15838.DOC A - z Resolution No. 02-090 •- . of 8 p ty , ■ ttttltu '♦�♦♦� �� ttttttl! �� + ♦♦ ANNEX -m IIII■ Illi •v. . . . - - - • inu ■u., fitr 1 urn�ii:�� 1111 111%/1 . IIIli l i1�.11�Y11� ,��ut ■�1 �* ItU! 1 ■■o'i?t � - ' �unnil� ; ;yw urrn ��tt■ TbOULWAItD* -m tqql'7 i.u�■ ttu :r-� a n:iat?� TiL I c4478 TIL Ma;LB/111111 111l�1 , • �ilil u►.r., Citi' - - 1111111111 � � i _ 1111111111 = : �i �I111 11111►� sBOUNDARY OF ANNEXATION !l HAP NORTH � NT //111 `� X1111 CITY • s RANCHO ITEM: Tract Se�e CUCAMONGA TITLE: Rancho Etiwanda ENGINEERING DIVISION Resolution No. 02-090 Page 7 of 8 Exhibit B To Description of the District Improvements Fiscal Year 2001/2002 STREET LIGHT MAINTENANCE DISTRICT NO. 1 (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.7(NORTH ETIWANDA): Street Light Maintenance District No. 7(SLD#7)is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the North Etiwanda area of the City. Generally this area encompasses the area of the City east of Day Creek Channel and north 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 street within the North Etiwanda area. Proposed additions to Work Program (Fiscal Year 2001/2002) For Project: Tract 15838 Number of Lamps Street Lights 5800L 9500L 16,OOO1, 22,000L 27,500L SLD# 1 67* 22* SLD #7 11* SLD #7 +19 *Installed with Rancho Etiwanda backbone improvements B — 1 TR 15838 Resolution No. 02-090 Page 8 of 8 Exhibit C Proposed Annual Assessment Fiscal Year 2001/2002 STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2001/02. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of #of Rate Per Physical Physical Assessment Assessment Assessment and I Ise I In it Tyne units lin its Factor knits I Jn it Revenue Single Parcel 18,894.00 1.00 18,894.00 $17.77 $335,746.38 Family Multi- Unit 6,563.00 1.00 6,563.00 $17.77 $116,624.51 Family Commercial Acre 2,245.47 2.00 4,490.94 $17.77 $79,804.00 TOTAL $532,174.89 The Proposed Annual Assessment against the Property(TR 15838) is: 49 Parcels x I A.U. Factor x $17.77 Rate Per A.U. = $870.73 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA): The rate per assessment unit (A.U.) is $33.32 for the fiscal year 2001/02. The following table summarizes the assessment rate for Street Light Maintenance District No. 7 (North Etiwanda): #of # of Rate Per Physical Physical Assessment Assessment Assessment Land I Ise unit Tyne I Inits lin its Factor I in its I fnit Revenue Single Parcel 944 1.00 944 $33.32 $31,454.00 Family Comm/Ind Acre 5 2.00 ]0 $33.32 $333.00 TOTAL $31,787.00 The Proposed Annual Assessment against the Property(TR 15838) is: 49 Parcels x 1.0 A.U. Factor x $33.32 Rate Per A.U. = $1,632.68 Annual Assessment C — 1 TR 15838