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Home My WebLink About12-170 - Resolutions RESOLUTION NO. 12-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA) FOR PARCEL MAP 19043 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. 7 (North 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. 12-170 - Page 2 of 6 PASSED, APPROVED, AND ADOPTED this Ph day of November 2012. AYES: Alexander, Buquet, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None L. nn' Michael, Mayor ATTEST: nice C. Reynolds, City Werk 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 7t' day of November 2012. Executed this 8`h day of November 2012, at Rancho Cucamonga, California. C 0�- ice C. Reynolds, City CIdYk Resolution No. 12-170 - Page 3 of 6 Exhibit A Identification of the Owner and Description of the Property to be Annexed Parcel Map 19043 (SUBTPM19043) The Owner of the Property is: Ofelia Preciado, a single woman as to an undivided 47% interest, and Flavio Cesar Lepe and Gabriela Lepe, husband and wife as joint tenants as to an undivided 53% interest The legal description of the Property is: All of that portion of the east one-half of the south one-half of the north one-half of the south one-half of the northeast one-quarter of Section 29, Township 1 North, Range 6 West, San Bernardino Meridian, in the City of Rancho Cucamonga, County of San Bernardino, State of California, according to the official plat thereof described as follows: Commencing at the northeast corner of said east one-half of the south one-half of the north one-half of the south one-half of the northeast one-quarter, said point being on the centerline of Etiwanda Avenue; Thence North 89° 20' 04" West along the northerly line of said parcel a distance of 346.35 feet to the Point of Beginning, Thence continuing North 89° 20' 04" West along said northerly line a distance of 320.35 feet; Thence South 0° 39' 56" West at right angles to said northerly line a distance of 330.94 feet to the southerly line of said parcel; Thence South 89°21' 49" East along said southerly line a distance of 320.35 feet; Thence North 00 39' 56" East at right angles to said northerly line a distance of 330.78 feet to the Point of Beginning. (Said Property is also known as a portion of the south one-half of Lot 9, Block "C" Etiwanda Colony Lands, as per map recorded in Book 2 of Maps, Page 24, records of said county.) Assessor's Parcels Numbers of the Property: 0225-111-37-0000 Resolution No. 12-170 - Page 4 of 6 Exhibit B Description of the District Improvements Fiscal Year 2011/2012 Landscape Maintenance District No. 7 (North Etiwanda): Landscape Maintenance District No. 7 (North Etiwanda) (the "Maintenance District') represents landscape sites throughout the Etiwanda North Area. The various sites maintained by the district consist of parkways, median islands, paseos, street trees, community trails and Etiwanda Creek Park. Proposed Additions to the Improvements for Project, Parcel Map 19043: 10 street trees on Amber Lane Resolution No. 12-170 - Page 5 of 6 Exhibit C Proposed Annual Assessment Fiscal Year 2011/2012 Landscape Maintenance District No. 7 (North Etiwanda): The following table summarizes the assessment rate for Landscape Maintenance District No. 7 (North Etiwanda) for Parcel Map 19043: EDU Rate per Land Use Basis Factor' EDU' Single Family Parcel 1.00 $307.05 Multi-Family Parcel 1.00 307.05 Commercial/ Industrial Acre 2.00 307.05 Vacant Acre 0.25 307.05 'EDU means Equivalent Dwelling Unit. The proposed annual assessment for the property described in Exhibit A is as follows: 2 Parcels x 1.00 EDU Factor x $307.05 Rate Per EDU = $614.10 Annual Assessment Resolution No. 12-170 - Page 6 of 6