HomeMy WebLinkAbout02-263 - Resolutions RESOLUTION NO. 02-263
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 14495
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 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 XII ID of the Constitution of the State of
California ("Article XII ID")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. 02-263
Page 2 of 9
WHEREAS, at this time the City Council desires to order the annexation of the
Territoryto 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 thai.:
a. The annual assessments proposed to be levied on each pe rcel 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
Territoryfrom 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 otthe 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. 02-263
Page 3 of 9
PASSED, APPROVED, AND ADOPTED this 2nd day of October 2002.
AYES: Alexander, Biane, Curatalo, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
(I—zzr
Lf L
William J. xander, ayor
ATTEST:
Aebra J. Ada , 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 2nd day of October 2002.
Executed this 3d day of October 2002, at Rancho Cucamonga, Calibrnia.
/J'� Q, ae ��
Deb a J. Adams, , City Clerk
Resolution No. 02-263
Page 4 of 9
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
MBK HOMES, LTD
The legal description of the Property is:
SEE "EXHIBIT ONE" ON PAGES A-2 AND A-3, ATTACHED HEREWITH AND BY THIS
REFERENCE MADE A PART THEREOF
The above-described parcels are shown on sheet A-4 attached herewith and by this reference made
a part hereof.
Resolution No. 02-263
Page 5 of 9
Order No. 9790350 - C
EXHIBIT "ONE"
TRACT NO. 14495 BEING A SUBDIVISION OF:
PARCEL 3 OF CERTIFICATE OF COMPLIANCE NO. 496 FOR LOT LINE ADJUSTMENT
RECORDED OCTOBER 31, 2001 AS INSTRUMENT/FILE NO. 20010496033 OF OFFICIAL
RECORDS, DESCRIBED AS FOLLOWS:
THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29,
TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE
CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID WEST HALF; THENCE SOUTH 890
24' 03" EAST, ALONG THE NORTHERLY LINE OF SAID WEST HALF, 240.04 FEET TO A
POINT THE EASTERLY LINE OF THE WEST 240.00 FEET SAID NORTHWEST QUARTER,
SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 000 23' 58"
EAST, ALONG SAID EASTERLY LINE, 821.12 FEET; THENCE LEAVING SAID EAST LINE,
SOUTH 890 24' 03" EAST,479.77 FEET; THENCE NORTH 000 35' 57" EAST, 7.00 FEET;
THENCE SOUTH 890 24' 03- EAST, 253.13 FEET; THENCE NORTH 870 19' 43" EAST,
70.11 FEET; THENCE SOUTH 890 24' 03" EAST, 276.17 FEET TO A POINT ON THE
EASTERLY LINE OF SAID WEST HALF; THENCE NORTH 00" 17' 31" WEST, ALONG SAID
EASTERLY LINE 810.10 FEET TO THE NORTHERLY LINE OF SAID SECTION 29; THENCE
NORTH 89° 24' 03" WEST, ALONG SAID NORTHERLY LINE, 1080.78 FEET TO THE TRUE
POINT OF BEGINNING.
EXCEPTING AND RESERVING, ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES,
MINERALS AND WATER UNDERLYING A PLANE PARALLEL TO AND 500 FEET,
MEASURED VERTICALLY DOWNWARDS BELOW THE SURFACE OF THE LAND, WHICH
PORTION IS HEREINAFTER REFERRED TO AS "SUBSURFACE LAND" TOGETHER WITH
RIGHTS OF WAY, EASEMENTS AND SERVITUDES IN AND THROUGH SUBSURFACE
LAND FOR THE PURPOSE OF EXERCISING CERTAIN RIGHTS WHICH INCLUDE BUT ARE
NOT LIMITED TO THE RIGHT TO PROSPECT, EXPLORE, MINE, DRILL, PRODUCE, TAKE,
TREAT, STORE AND REMOVE ALL SUCH OIL, GAS AND OTHER HYDROCARBON
SUBSTANCES, MINERALS AND WATER AND THE RIGHT TO INJECT IN AND REMOVE
FROM SUBSURFACE LAND OIL, GAS, WATER OR OTHER FLUIDS FOR THE PURPOSE OF
STORAGE, PRESSURE MAINTENANCE AND/OR SECONDARY RECOVERY OF SUCH OIL,
GAS AND OTHER HYDROCARBON SUBSTANCES AND OTHERWISE TO DRILL, COMPLETE
AND MAINTAIN WELLS INTO AND THROUGH SUBSURFACE LAND FROM SURFACE
LOCATIONS OUTSIDE THE BOUNDARIES OF SAID LAND PROVIDED, HOWEVER, THAT
SAID RIGHTS DO NOT INCLUDE THE RIGHT TO ENTER UPON THE SURFACE OF SAID
REAL PROPERTY, OR WITHIN 500 FEET MEASURED VERTICALLY DOWNWARDS BELOW
THE SURFACE OF SAID REAL PROPERTY, AS RESERVED IN THE DEED FROM UNION OIL
COMPANY OF CALIFORNIA, RECORDED MAY 28, 1976 IN BOOK 8937, PAGE 1547 OF
OFFICIAL RECORDS.
ALSO EXCEPTING WITHOUT RIGHT OF SURFACE ENTRY, AS A MINERAL INTEREST AND
NOT AS A ROYALTY INTEREST, ALL OIL, GAS, OTHER MINERALS AND HYDROCARBON
SUBSTANCES, AND ACCOMPANYING FLUIDS, BUT NOT BY WAY OF LIMITATION, ALL
GEOTHERMAL RESOURCES IN, UNDER, OR PRODUCED AND SAVED FROM THE REAL
PROPERTY GRANTED HEREIN, TOGETHER WITH ANY OF THE FOREGOING THAT MAY BE
ALLOCATED THERETO PURSUANT TO ANY POOLING OR UNITIZATION AGREEMENT OR
RATEABLE TAKINGS PROGRAM TO WHICH GRANTOR MAY SUBSCRIBE, AND
TOGETHER WITH THE SOLE AND EXCLUSIVE RIGHT TO PROSPECT FOR, DRILL FOR,
PRODUCE, AND REMOVE SUCH OIL, GAS, OTHER MINERALS AND HYDROCARBON
SUBSTANCES, AND GEOTHERMAL RESOURCES, FROM SAID REAL PROPERTY BELOW
t#-2
Resolution No. 02-263
Page 6 of 9
Order No. 9790350- C
THE DEPTH OF 500 FEET FROM THE SURFACE OF SAID REAL PROPERTY, INCLUDING
THE RIGHT TO SLANT DRILL FROM ADJACENT PROPERTY, THE RIGHT TO UTILIZE
SUBSURFACE STORAGE FOR NATURAL SUBSTANCES, AND THE RIGHT TO MAINTAIN
SUBSURFACE PRESSURES AS RESERVED IN THE DEED FROM THE REGENT OF THE
UNIVERSITY OF CALIFORNIA RECORDED FEBRUARY 21, 1997 AS INSTRUMENT NO. 97-
062043 OF OFFICIAL RECORDS.
A 3
Resolution No. 02-263
Page 7 of '
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RANCHO CUCAMONGA TITLE:Rancho Etiwanda
ENGINEERING DWISION
Resolution No. 02-263
Page 8 of 9
Exhibit B
To
Description of the District Improvements
Fiscal Year 2002/2003
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 trafic 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 trafic signals (or a
portion thereof) on local streets within the North Etiwanda area.
Proposed additions to Work Program (Fiscal Year 2002/2003)
For Project: Tract 14495
Number of Lamps
Street Lights 5800L 9500L 16 OOOL 22,0001- 27,500L
SLD # 1 67* 22*
SLD #7 11*
SLD #7 +26
*Installed with Rancho Etiwanda backbone improvements
Resolution No. 02-263
Page 9 of 9
Exhibit C
Proposed Annual Assessment
Fiscal Year 2002/2003
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2002/03. 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
Land Use Unit TV Units Units Factor Units Unit Revenue
Single Parcel 19,803 1.00 19,803 $17.77 $351,899.31
Family
Multi-Family Unit 7,402 1.00 7,402 $17.77 $131,533.54
Commercial Acre 2,288.82 2.00 4,577.64 $17.77 $81,344.66
TOTAL $564,777.51
The Proposed Annual Assessment against the Property(TR 14495) is:
58 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. _ $1,030.66 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA):
The rate per assessment unit (A.U.) is $33.32 for the fiscal year 2002/03. The following table
summarizes the assessment rate for Street Light Maintenance District No. 7 (North EtiAanda):
# of #of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Tvoe Units Units Factor Units Unit Revenue
Single Parcel 1084 1.00 1084 $33.32 $36,118.88
Family
Comm/Ind Acre 5 2.00 10 $33.32 $333.00
TOTAL $36,452.08
The Proposed Annual Assessment against the Property(TR 14495) is:
58 Parcels x 1.0 A.U. Factor x $33.32 Rate Per A.U. _ $1,932.56 Annual Assessment