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Home My WebLink About00-164 - Resolutions RESOLUTION NO. 00-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR MDR 99-15 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. 313, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (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 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. 00-164 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 Next Page for Formal Adopfion and Signatures Resolution No. 00-164 Page 3 of 8 PASSED, APPROVED, AND ADOPTED this 6`h day of September 2000. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None William J. Alexa der, Mayor ATTEST: (::;�' �-..,) 15eTra J. Adam MC, 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 6'h day of September 2000. Executed this 7`h day of September, at Rancho Cucamonga, California. Debra J. Adams, MC, City Clerk Resolution No. 00-164 Page 4 of 8 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: Wilmington Associates The legal description of the Property is: ALL THAT PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 7,TOWNSHIP I SOUTH, RANGE 6 WEST,SAN BERNARDINO MERIDIAN,IN THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT THEREOF,DESCRIBED AS FOLLOWS: COMMENCING AT A 1-INCH IRON PIPE MARKING THE INTERSECTION OF THE WESTERLY LINE OF SAID SOUTHWEST ONE-QUARTER OF SECTION 7 WITH THE SOUTHERLY LINE OF ARROW ROUTE(60 FEET WIDE)AS SHOWN ON SAID RECORD OF SURVEY;SAID 1-INCH IRON PIPE BEING DISTANT NORTH 000 31'35"WEST(BASIS OF BEARING AS PER SAID RECORD OF SURVEY)ALONG SAID WESTERLY LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 7 A DISTANCE OF 2594.17 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 7 AS SAID SOUTHWEST CORNER IS SHOWN ON SAID RECORD OF SURVEY;THENCE NORTH 89°27' 50" EAST ALONG SAID SOUTHERLY LINE OF ARROW ROUTE 1.50 FEET TO A POINT IN A LINE PARALLEL WITH AND DISTANT EASTERLY 1.50 FEET,MEASURED AT RIGHT ANGLES,FROM SAID WESTERLY LINE OF SECTION 7 AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;THENCE CONTINUING NORTH 890 27'50"EAST ALONG SAID SOUTHERLY LINE OF ARROW ROUTE 375.00 FEET TO A POINT IN A LINE PARALLEL WITH AND DISTANT EASTERLY 376.50 FEET MEASURED AT RIGHT ANGLES FROM SAID WESTERLY LINE OF SECTION 7;THENCE SOUTH 00°31'35"EAST ALONG LAST SAID PARALLEL LINE 1100.00 FEET TO A POINT IN A LINE PARALLEL WITH AND DISTANT SOUTHERLY 1100.00 FEET,MEASURED AT RIGHT ANGLES,FROM SAID SOUTHERLY LINE OF ARROW ROUTE;THENCE SOUTH 89°27' 50" WEST ALONG LAST SAID PARALLEL LINE 375.00 FEET TO A POINT IN FIRST SAID PARALLEL LINE; THENCE NORTH 0° 31' 35" SOUTH ALONG FIRST SAID PARALLEL LINE 1100.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT ALL OIL,GAS AND OTHER HYDROCARBON AND MINERAL SUBSTANCES LYING NOT LESS THAN 100 FEET BELOW THE SURFACE OF SAID LAND,PROVIDED THAT GRANTOR,ITS SUCCESSORS AND ASSIGNS, SHALL NOT HAVE THE RIGHT TO GO UPON THE SURFACE OF SAID LAND FOR THE PURPOSE OF EXTRACTING SAID OIL,GAS OR OTHER HYDROCARBON AND MINERAL SUBSTANCES,NOR FOR ANY PURPOSE IN CONNECTION THEREWITH, BUT SHALL HAVE THE RIGHT TO EXTRACT AND REMOVE SAID OIL, GAS AND OTHER HYDROCARBON AND MINERAL SUBSTANCES BY MEANS OF SLANT-DRILLED WELLS LOCATED ON ADJACENT OR NEARBY LAND,OR BY ANY OTHER MEANS WHICH SHALL NOT REQUIRE ENTRY UPON THE SURFACE OF SAID LAND; AS RESERVED BY SANTA FE LAND IMPROVEMENT COMPANY, A CORPORATION, IN DEED RECORDED NOVEMBER 17, 1964, IN BOOK 6273 PAGE'754 OFFICIAL RECORDS. The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. A- 1 Resolution No. 00-164 Page 5 of 8 EXHIBIT W- 2- ASSESSMENT ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO.3B STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 W Z O Z ROVT� W v t LV CITY OF RANCHO CUCAMONGA NORTH COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA MDR 99-15 Resolution No. 00-164 Page 6 of 8 Exhibit B To Description of the District Improvements Fiscal Year 2000/2001 LANDSCAPE MAINENANCE DISTRICT NO. 3B(COMMERCIALANDUSTRIAL) Landscape Maintenance District No. 3b (LMD #3b) represents landscape sites throughout the Commercial/Industrial Maintenance District. These sites are associated with areas within that district and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that district. Because of this,assessments required for this district are charged to those parcels within that district. The various landscape sites that are maintained by this district consist of median islands,parkways, street trees, entry monuments,the landscaping within the Metrolink Station and 22.87 acres of the Adult Sports Park(not including the stadium,parking lots or the maintenance building. STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Street Light Maintenance District No. l (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. 6 (COMMERCIALANDUSTRIAL): Street Light Maintenance District No.6(SLD 46)is used to fund the maintenance and/or installation of street lights and traffic signals located on commercial and industrial streets throughout the City but excluding those areas already in a local maintenance district. Generally this area encompasses the industrial area of the City south of Foothill Boulevard. 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 industrial or commercial streets and traffic signals (or a portion thereof)on industrial or commercial streets generally south of Foothill Boulevard. B - 1 Resolution No. 00-164 Page 7 of 8 Exhibit C Proposed Annual Assessment Fiscal Year 2000/2001 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCL4,L/INDUSTRL4,L): The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2000/01. The following table summarizes the assessment rate for Landscape Maintenance District No.3b(Commercial/Industrial Maintenance District): #of Rate Per Physical #of Physical Assessment Assessment Assessment i.and Uce IJuit Tyne ilnitc IJnits Factor Units unit Revenue Comm/Ind Acre 1849.01 1.0 1849.01 $352.80 $652,330.73 The Proposed Annual Assessment against the Property (MDR 99-15) is: 9.3 Acre x 1 A.U. Factor x $352.80 Rate Per A.U. _ $3,281.04 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (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. 1 (Arterial Streets): #of Rate Per Physical #of Physical Assessment Assessment Assessment i.and I Jse I Lail Lype ilnitc i hits Factor c hits Unit Revenue Single Family Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00 Family Multi- Parcel 6,257.00 1.00 6 257.00 Family $17.77 $111,190.00 Commercial Acre 1999.52 2.00 1999.52 $17.77 $71,060.00 Total $483,560.00 The Proposed Annual Assessment against the Property (MDR 99-15) is: 9.3 Acre x 2 A.U. Factor x $17.77 Rate Per A.U. _ $330.52 Annual Assessment C - 1 Resolution No. 00-164 Page 8 of 8 EXHIBIT C(continued) STREET LIGHT MAINTENANCE DISTRICT NO.6(COMMERCIALANDUSTRIAL): The rate per assessment unit (A.U.) is $51.40 for the Fiscal Year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No.6(CommercialAndustrial): #of Rate Per Physical #of Physical Assessment Assessment Assessment Land Use L Lnit Tv_ne knits unite Factor Units Unit Revenue Comm/Ind Acre 1,716.63 1.00 1,716.63 $51.40 $88,235.00 The Proposed Annual Assessment against the Property(MDR 99-15)is: 9.3 Acres x 1 A.U.Factor x $51.40 Rate Per A.U. _ $478.02 Annual Assessment C-2