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HomeMy WebLinkAbout10-142 - Resolutions RESOLUTION NO. 10-142 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 (COMMERCIAL INDUSTRIAL MAINTENANCE DISTRICT) FOR HAVEN AVENUE UNDERPASS CAPITAL PROJECT WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and 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 Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; 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 District in order to provide for the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: This legislative body hereby orders the annexation of the Territory to the District, and approves the maintenance of the Improvements. SECTION 3: All future proceedings of the District shall be applicable to the Territory. Please see the following Page for formal adDptlon,cerd0cadon and signatures PASSED, APPROVED, AND ADOPTED this 1" day of September 2010. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Donald J. Kurth;M. ., Mayor ATTEST: nice C. Reynolds, Cit Clerk I, JANICE C. REYNOLDS, 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 1 s` day of September 2010. Executed this 2nd day of September 2010,-at Rancho Cucamonga, California. )angizcle C. Reynolds, Cit Jerk Resolution No. 10-142 - Page 2 of 5 Exhibit A Identification of the Owner and Description of the Property to be Annexed: The Owner of the Property is: City of Rancho Cucamonga The legal description of the Property is: THE EAST AND WEST PARKWAYS AND THE MEDIAN ON HAVEN AVENUE FROM 7T" STREET TO JERSEY AVENUE ALSO KNOWN AS HAVEN AVENUE UNDERPASS Assessor's Parcels Numbers of the Property: NOT APPLICABLE — PUBLIC RIGHT-OF-WAY Resolution No. 10.142 - Page 3 of 5 Exhibit B Description of the District Improvements Fiscal Year 2010/2011 Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District): Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District) (the "Maintenance District") represents landscape sites throughout the Commercial/Industrial Maintenance District. The various landscape sites that are maintained by this district consist of median islands, parkways, street trees and entry monuments. Proposed additions to the Improvements for Haven Avenue Underpass Construction Project includes, but is not limited to: 18 Phoenix dactilifera Date Palm Trees 20 BTF 191 24" box trees Magnolia grandiflora 'Majestic Beauty', Bracychiton populous and Platanus racemosa 67 36" box trees Magnolia grandiflora 'Majestic Beauty' 55,058 square feet of Hardscape cobble paving 105,882 square feet ground cover area 2,400 square foot railroad bridge including artwork Resolution No. 10-142 - Page 4 of 5 01 uuHILLSIDE �� L50 AVE ML5 AVE MI 014 AVF (�A BANYAN u < u BAN /\ O = U- �� VICTORI < Q < z O HURL 5TR < w 5 F HILL BLVD = < F THI LVD 6 w i05 ac[HRR < H-< ARRO Oa' > � BNSF RR 8TH 5T i z > 7H 5T ' I > 4TH O ARID CITY LIMIT FROJ ECT LOCATION CITY OF RANCHO CUCAMONGA HAVEN AVENUE GRADE SEPARATION VICINITY MAP Resolution No. 10-142 - Page 5 of 5