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HomeMy WebLinkAbout89-375 - Resolutions RESOLUTION NO~ 89~375 A RESOLUTION OF THE CITY COUNCIL OF T~E CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENVIRONMENTAL ~LSSESSMENT AND ANNEXATION AGREEMENT 89-03 (HOMESyEAD LAND DEVELOPMENT), FOR DEVELOPMENT AND ANNEXATION OF APPROXIMATELY 25 ACRES OF VACANT LAND LOCATED AT THE NORTHEAST CORNER OF HIGHLAND AND ROCHESTER AVENUES AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 225-152-01, 02, 03, 04, AND 18 A. Recitals. (i) The owner of the subject property has requested annexation to the City. (ii) The City is pursuing a change of organization (annexation) of the subjec~ property fro~ the unincorporated area of the County of San Bernardino to the City of Rancho Cucamonga. (iii) Attached to this Resolution and incorporated herein by reference is Annexation Agreement 89-03 concerning the subject property located at the northeast corner of Highland and Rochester Avenues, as legally described in Exhibit "A" of Annexation Agreement. (iv) On October 18, 1989, the City Council of the City of Rancho Cucamonga held a duly noticed public hearing concerning the proposed Annexation Agreement and concluded said hearing on that date. (v) All the legal prerequisites prior to the adoption of this Resolution have occurred. B. ResolutionJ NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve by as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. In conjunction with this Annexation Agreement, in conformance with the requirements of the California Environmental Quality Act, an environmental assessment has been prepared. The Council has determined that this application would not have a significant adverse effect on the environmental, hereby adopts a finding of no significant impact on the environmental, and hereby issues a Negative Declaration. 3. The Council specifically finds that: (a) The annexation conforms to the General Plan of the City of Rancho Cucamonga; and Resolution No~ 89L375 Pa ge 2 (b) That the public necessity and general welfare require the approval of the Annexation Agreement. 4. The City Council approves ~,the Annexation Agreement attached hereto as Exhibit "1". P~SED, APPR~ED, and ADOPTED thief 18th day of October, 1989. AYES: Alexander, Buquet, Brown, St6ut, Wright NOES: None ABSE~: None · ~ennis L. Sto~t, Mayo ATTEST: City C er California, do here~ certify that the fore§oing Resolution was duly passed, approYed, and adopted by the City Council of the City of Rancho Cucamon9a, California, at a regular meeting of said City Council held on the 18th day of October, 1989. -. [xecuted this loth day of October, 1989 at Rancho Cucamon§a, California. tDebra J. A~xa~ms, City Clerk Resoluti6n No~ 89Z375 Page 3 LOCAL AC.I~N~¥ ;ORHA'PTON C.~i'4HTC;C~I'n~ s,~zs,o. 1/l & uCKWOOD ENGINEERING City of Rancho Cucamonga (Affected Agency)o^T._ 3/].3/89 RVEYING COMPANY, INC. 380 W®st Foothill Boulevard Rialto. California 92378 OESCmPTION A~NEXATION CEGAC DESCRiPTiON .,c.i.t. 9101 LEGAL DESCRIPTION Ail that portion of the West 1/2 of the East I/2 of the Southeast 1/4 of Section 30, T. 1N. R. 6 W, S.B.B. & M. being more particularly described as follows: Beginning at the' Northwest corner of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of said Section 30; Thence S 89'35'09" E along the North line of said South 1/2, South 1/2,Northeast I/4, Southeast 1/4 a distacne of 660.00 feet; Thence S 0°02'02'' W a distance of 329.87 feet to the South line of said Northeast 1/4, Southeast 1/4 Section 30; Thence S 89"35' 21" E along the said line a distance of 2.91 feet to the Northeast corner of the West 1/2, Southeast 1/4, Southeast 1/4 of said Section 30; Thence S 0°04'~2'' W along the said East line of the West 1/2, Southeast 1/4, Southeast 1/4 of Section 30 a distance of 1391.48 feet to the South line of said Section 30 being the existing Rancho Cucamonga city limit line; Thence N 89"36'09" W along the said South line a distance of 662.15 feet to the Southwest corner of said South east [/4, Southeast 1/4, Section 30; Thence N 0* 02'02" E along the said West line ofthe East 1/2, Southeast 1/4 Section 30 a distance of 1649.55 feet to the true point of begintng Resolution No~ 89Z375 Page 4 RECORDING REQUESTED BY AND, WHEN RECORDED, MAIL TO: EXHIBIT "1" Debbie Adams City Clerk City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, California 91730 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT ("Agreement") is entered into to be effective on October 18, 1989, between the CITY OF RANCHO CUCAMONGA, a municipal corporation of the State of California (City), and Homestead Land Development (hereinafter referred to as "Owner"). A. Recitals (i) Owner is the owner and developer of Property presently located in the unincorporated area of San Bernardino County, California, consisting of approximately 25 acres located at the northeast corner of Highland and Rochester Avenues more particularly described in Exhibit "A" hereto and hereinafter referred to as "the Property". (ii) Owner desires to annex the Property to the City if City, prior to annexation, approves that proposed Development Agreement attached hereto as Exhibit "B" ("the Development Agreement" hereinafter). (iii) City has determined that annexation of the Property into the City would be beneficial to City and is concurrently providing assurances to Owner of Owner's permission to develop the Property by entering into a Development Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. Initiation of Proceedings. Subject to Paragraph 2 below, City shall initiate and diligently pursue to completion proceedings for annexation of the Property to the City in as expeditious a manner as possible and in accordance with the provisions of the Cortese-Knox Local Government Reorganization Act of 1985 (Government Code Section 56000 et seq., the previously or concurrently herewith adopted a Resolution ~ Application to Annex and promptly shall submit the proposal for annexation of the Property to the City to the Local Agency Formation Commission of San Bernardino County ("LAFCO"). City agrees to comply with all reasonable and normal conditions and requests for additional information and documents imposed by LAFCO in connection with the Resolution NoJ 89-375 Page 5 annexation proposal. City agrees to negotiate in good faith with the County of San Bernardino ("County") as to the real property tax exchange between the City and the County to the end that such exchange is agreed upon at the earliest possible time. After LAFCO has made its order of determinations with respect to the annexation proposal, and provided that City has approved the Development Agreement as provided in Paragraph 2 below, City shall complete the~annexation proceedings. 2. Completion of Annexation ProCeedings. Notwithstanding the provisions of Paragraph 1 above, City shall not adopt a resolution ordering the annexation of the Property to the City, nor authorize the Clerk of the City to transmit a certified copy of such resolution pursuant to the Cortese-Knox Act to the Executive Officer of LAFCO until the City's City Council has approved the Development Agreement. 3. Environmental Review. In connection with approval of the Development Agreement, City shall undertake all necessary and appropriate review and evaluation of the potential environmental impacts thereof and the development of the Property in accordance therewith on a timely basis and in conformity with all legal requirements, and shall be the "lead agency" for purposes of the California Environmental Quality Act. 4. Notices. Any notice to either party shall be in writing and given by delivering the same to such party in person or by sending the same by registered or certified mail, return receipt requested, or Express Mail, with postage prepaid, to the party's mailing address. The respective mailing addresses of the parties are, until changed as hereinafter provided, the following: City: 'City of Rancho Cucamonga 9320 Base Line Road Rancho Cucamonga, CA 91730 Attn: Jack Lam Owner: Homestead Land Development 23470 Olivewood Plaza Dr Suite 240 Moreno Valley, CA 92388 iAttn: Stephen L. Heinsohn Either party may change its mailing address at any time by giving written notice of such change to the othe~ party in the manner provided herein at least ten (10) days prior to the date such change is affected. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is affected, or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. Resol ut,ion~ No~., 89-375 · ', Page 6 5. Attorney's Fees. If legal action is brought by either party against the other for breach of this Agreement, or to compel performance under this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs. 6. Negation of Partnership. The parties specifically acknowledge that the development of the property is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties in the businesses of Developer, the affairs of City, or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. This Agreement is not intended nor shall it be construed to create any third party beneficiary rights in any Person who is not a party, unless expressly otherwise provided. 7. Severability. Invalidation of any of the provisions contained in this Agreement, or of the application hereof to any Person, by judgment or court order shall in no way affect any other provisions hereof or the application thereof to any other Person or circumstances and the same shall remain in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this.Agreement. 8. Exhibits. All Exhibits to which reference is made herein, are deemed incorporated into this Agreement in their entirety be reference thereto. 9. Entire Agreement. This written Agreement and the Exhibits hereto contain all the representations and the entire agreement between the parties with. respect to the subject matter hereof. Except as otherwise specified in this Agreement, any prior correspondence, memoranda, agreements, warranties or representations are superseded in total by this Agreement and Exhibits hereto, and such memoranda. 10. Construction of Agreement. The provisions of this Agreement and the Exhibits hereto shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions hereof, in order to achieve the objectives and purpose of the parties hereunder. The captions preceding the text of each article, section, subsection and the Table of Contents hereof are included only for convenience of reference and shall be disregarded in the construction and interpretation of this Agreement. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice versa. Resolution No~ 89-375 Page 7 11. Further Assurances: Covenant to Sign Documents. Each party covenants, on behalf of itself and its successors, heirs and assigns, to take all actions and do all things, and to execute, with acknowledgement or affidavit if required, any and all documents and writings, that may be necessary or proper to achieve the purposes and objectives of this Agreement. 12. Governing Law. This Agreement, and the rights and obligations of the parties, shall be governed by and interpreted in accordance with the laws of the State of California. 13. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute on instrument. The parties have executed this Agreement as of the day and year first written above. CITY OF RANCHO CUCAMONGA, a .Homestead Land Development municipal corporation of 23470 Olivewood Plaza Drive the State of California Suite 240 Moreno Valley, CA. 92388 By: B~: Mayor "O~ner" By: City Clerk Approved as to Form: By: City Attorney "City" Resolution No[ 89Z375 Page 8 Exhibit "B" (SEE Ordinance No. 401, Exhibit "B"/Development Agreement)