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Home My WebLink About12-039 - Resolutions RESOLUTION NO. 12-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) FOR DRC2011-00645 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. 1 (General City) (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. 12-039 - Page 2 of 6 PASSED, APPROVED, AND ADOPTED this 7`h day of March 2012. AYES: Alexander, Buquet, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None L. ennis Michael, Mayor ATTEST: Y.. nice C. Reynolds, City 01lerk 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 7`h day of March 2012. Executed this 8`h day of March 2012, at Rancho Cucamonga, California. ice C. Reynolds, Cit Jerk Resolution No. 12-039 - Page 3 of 6 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: Laszlo and Maureen Vass The legal description of the Property is: THE WESTERLY 86.89 FEET OF THE LAND DESCRIBED AS FOLLOW: THAT PORTION OF LOT 9 OF RED HILL SUBDIVIDED IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 21 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF LOT 9; THENCE NORTH 82050' WEST ALONG THE NORTHERLY LINE RED HILL DRIVE A DISTANCE OF CONVEYED TO JOSEPH T. GUIDERA, JR., ET UX. BY DEED RECORDED MARCH 25, 1960 IN BOOK 5091, PAGE 522, AS INSTRUMENT NO. 41; THENCE NORTH 7` 10' EAST ALONG THE EASTERLY LINE OF SAID LOT 9, BEING ALSO A RIGHT DISTRICT; THENCE SOUTH 720 09' EAST ALONG SAID LINE TO THE NORTHEAST CORNER OF SAID LOT 9; THENCE SOUTH 220 14' EAST 219.65 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPT THERE FROM THAT PORTION OF SAID LAND CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, RECORDED SEPTEMBER 22, 1980 AS INSTRUMENT NO. 212983, OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY. Assessor's Parcels Numbers of the Property: 0207-022-56 Resolution No. 12-039 - Page 4 of 6 Exhibit B Description of the District Improvements Fiscal Year 2011/2012 Landscape Maintenance District No. 1 (General City): Landscape Maintenance District No. 1(General City) (the "Maintenance District") represents various landscaped areas, parks and community trails located at various sites throughout the City. These sites consist of several non-contiguous areas throughout the City. As such, the parcels within this District do not represent a distinct district area as do the other LMD's within the City. Typically new parcels within this District have been annexed upon development. The various sites maintained by the District consist of parkways, median islands, paseos, street trees, entry monuments, community trails and parks. The parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park, Heritage Community Park, Hermosa Park, Red Hill Community Park, Lions Park, Napa Park, Don Tiburcio Tapia Park and the Rancho Cucamonga Adult Sports Complex). Proposed additions to the Improvements for Project DRC2011-00645: Street improvements (2) Street trees Resolution No. 12-039 - Page 5 of 6 Exhibit C Proposed Annual Assessment Fiscal Year 2011/2012 The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City) for DRC2011-00645: EDU Rate per Land Use Basis Factor* EDU* Single Family Parcel 1.00 $92.21 Multi-Family Unit 0.50 92.21 Non-Residential Improved Acre 2.00 92.21 Vacant Acre 0.25 92.21 *EDU means Equivalent Dwelling Unit. The proposed annual assessment for the property described in Exhibit A is as follows: 1 Parcels x 1 EDU Factor x $92.21 Rate Per EDU = $92.21 Annual Assessment Resolution No. 12-039 - Page 6 of 6