HomeMy WebLinkAbout12-008 - Resolutions RESOLUTION NO. 12-008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT
MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA) FOR
TRACT 18806
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 Street Light
Maintenance District No. 8 (South Etiwanda) (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 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 Act to the
annexation of the Territory to the District and have expressly consented to the annexation of the
Territory to the District; 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 Act
and/or Article XIII D applicable to the authorization to 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 to levy
such proposed annual assessment set forth in Exhibit C attached hereto; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have
also expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory
from the District Improvements has been determined in relationship to the entirety of the
maintenance and operation expenses of the Improvements;
(2) The proposed annual assessment does not exceed the reasonable cost
of the proportional special benefit from the Improvements conferred on each parcel in the
Territory.
(3) Only the special benefits derived or to be derived by each parcel in the
Territory from the Improvements have been included in the proposed annual assessment.
WHEREAS, at this time the City Council desires to order the annexation of the
Territory to the District 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 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 the Territory to
the District, 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 C.
SECTION 4: All future proceedings of the District, 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. 12-008 - Page 2 of 8
PASSED, APPROVED, AND ADOPTED this 18th day of January 2012.
AYES: Alexander, Buquet, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
I f
L. ennis Michael, Mayor
ATTEST:
nice C. Reynolds, City Jerk
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 18th day of January 2012.
Executed this 1 g`h day of January 2012, at Rancho Cucamonga, California.
r- 4'�V�
nice C. Reynolds, City Jerk
Resolution No. 12-008 - Page 3 of 8
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is: VAN DAELE DEVELOPMENT CORPORATION
The legal description of the Property is: (SEE ATTACHED LEGAL DESCRIPTION)
Assessor's Parcels Numbers of the Property:
227-131-03, 227-131-08 AND 227-131-62
Resolution No. 12-008 - Page 4 of 8
LEGAL DESCRIPTION
PARCEL 1:
THE EAST 1/2 OF LOTS 11 AND 14, BLOCK "K" OF PRELIMINARY MAP OF ETIWANDA
COLONY LAND, IN THE CITY OF RANCHO CUCAMONGA. COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2, PAGE 24, OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL2:
ALL THAT CERTAIN LAND MIM "PROPERTY ) LYING WITHIN A PORTION OF THE WEST
132 FEET OF THE SOUTH 1/2 OF LOT 15, BLOCK "K" OF PRELIMINARY MAP OF THE
ETIWANDA COLONY LAND, IN.THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA,,AS PER MAP RECORDED IN BOOK 2 PAGE 24 OF
MAPS,DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 10, BLOCK "K", PER PLAT
RECORDED IN BOOK 2. PAGE 24 OF MAPS AND AS SHOWN ON PARCEL MAP NO. 3359,PER
PARCEL MAP BOOK 30,PACE 59;
THENCE .SOUTH 000 00' 45" EAST, ALONG THE WESTERLY LINE OF SAID LOT 10, A
DISTANCE OF 660.77 TO THE SOUTHWEST CORNER THEREOF, SAID POINT BEING ALSO
THE NORTHEAST CORNER OF SAID LOT 14,AND THE NORTHWEST CORNER OF SAID LOT
15;
THENCE CONTINUING SOUTH 000 00' 45" EAST, ALONG THE EASTERLY LINE OF SAID LOT
14, AND ALONG THE WESTERLY LINE OF SAID LOT 15, A DISTANCE OF 330.35 FEET TO
THE NORTHWEST CORNER OF THE SOUTH 1/2 OF SAID LOT 15;
THENCE CONTINUING SOUTH 00° 00' 45"EAST, ALONG SAID LOT 14 EASTERLY LINE,AND
ALONG SAID LOT 15 WESTERLY LINE, A DISTANCE OF 197.50 FEET TO AN ANGLE POINT
AND THE TO THE TRUE POINT OF BEGINNING.
.THENCE NORTH 810 30' 00" EAST, A DISTANCE OF 7.08 FEET TO AN ANGLE POINT AND
THE BEGINNING OF A LINE PARALLEL TO AND DISTANT 7.00 FEET EASTERLY FROM SAID
WESTERLY LINE OF SAID LOT 15;
THENCE SOUTH 000. 00' 45" EAST; ALONG SAID PARALLEL LINE, A DISTANCE.OF 94.07
FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTH,
HAVING A RADIUS OF 1,140.00 FEET, A RADIAL BEARING TO SAID POINT BEARS, NORTH
10'21'33" WEST;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 000 21' 27",AN
ARC LENGTH OF 7.11 FEET TO A POINT OF NON-TANGENT AND A POINT ON THE
WESTERLY LINE OF SAID LOT 15, A RADIAL BEARING TO SAID POINT BEARS SOUTH 10-
00' 07"EAST;
THENCE NORTH 000 00' 45" WEST,A DISTANCE OF 94.28 FEET TO THE TO THE TRUE POINT
OF BEGINNING.
Resolution No. 12-008 - Page 5 of 8
LEGAL DESCRIMON
(continued).
SAID PARCEL 2 IS DESCRIBED PURSUANT TO A CERTIFICATE OF COMPLIANCE NO. 615,
RECORDED MARCH 1, 2006 AS INSTRUMENT NO. 06-141907, OFFICIAL RECORDS AND THE
CERTIFICATE OF CORRECTION RECORDED JUNE 23, 2006 AS INSTRUMENT NO 06-428148,
OF OFFICIAL RECORDS.
APNS: 0227-131-03, 0227-131-08 AND 0227-131-62
END OF LEGAL DESCRIPTION
Resolution No. 12-008 - Page 6 of 8
Exhibit B
Description of the District Improvements
Fiscal Year 2011/2012
Street Light Maintenance District No. 8 (South Etiwanda):
Street Light Maintenance District No. 8 (South Etiwanda) (the "Maintenance District') is used to
fund the maintenance and/or installation of street lights and traffic signals located on local
streets in what is termed the South Etiwanda area of the City. Generally, this area
encompasses the area of the City east of Etiwanda Avenue, north of Foothill Boulevard and
south of Highland Avenue within the incorporated 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 streets within the South Etiwanda area.
Proposed Additions to the Improvements for Project TRACT 18806:
11 EACH STREET LIGHTS
Resolution No. 12-008 - Page 7 of 8
Exhibit C
Proposed Annual Assessment
Fiscal Year 2011/2012
Street Light Maintenance District No. 8 (South Etiwanda):
The following table summarizes the assessment rate for Street Light Maintenance District No. 8
(South Etiwanda) for TRACT 18806:
EDU Rate per
Land Use Basis Factor' EDU'
Single Family Unit 1.00 $193.75
Multi-Family Unit 1.00 193.75
Commercial/ Industrial Acre 2.00 193.75
Vacant Acre 2.00 193.75
'EDU means Equivalent Dwelling Unit.
The proposed annual assessment for the property described in Exhibit A is as follows:
33 Parcels x 1 EDU Factor x $193.75 Rate Per EDU = $ 6.393.75 Annual Assessment
Resolution No. 12-008 - Page 8 of 8