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Home My WebLink About13-195 - Resolutions RESOLUTION NO. 13-195 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. 7 (NORTH ETIWANDA) FOR TRACT MAP 18709 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. 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 Resolution No. 13-195- Page 1 of 6 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. Resolution No. 13-195 - Page 2 of 6 PASSED, APPROVED, AND ADOPTED this 61 day of November 2013. AYES: Alexander, Michael, Spagnolo, Steinorth, Williams NOES: None ABSENT: None ABSTAINED: None . Dennis Michael, M yor ATTEST: f. � ice C. Reynolds, City 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 6'h day of November 2013. Executed this 71 day of November 2013, at Rancho Cucamonga, California. c,L Z-- ice ice C. Reynolds, City Clerk Resolution No. 13-195 - Page 3 of 6 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: FH, 11, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY The legal description of the Property is: THAT PORTION OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 3612, PAGE 416, OFFICIAL RECORDS OF SAID COUNTY, AND FURTHER DESCRIBED AS FOLLOWS: THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF AID SECTION 29, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN. EXCEPTING THAT PORTION THEREOF AS GRANTED TO THE CITY OF RANCHO CUCAMONGA, BY GRANT DEED RECORDED JANUARY 24, 2002, AS INSTRUMENT NO. 20020035856, OFFICIAL RECORDS Assessor's Parcels Numbers of the Property: 0225-161-13 Resolution No. 13-195 - Page 4 of 6 Exhibit B Description of the District Improvements Fiscal Year 2013/2014 Street Light Maintenance District No. 7 (North Etiwanda): Street Light Maintenance District No. 7 (North 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 North Etiwanda area of the City. Generally, this area encompasses the area of the City east of Day Creek Channel and north 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 North Etiwanda area. Proposed additions to the Improvements for Project TRACT MAP 18709: STREET LIGHTS: 5 EACH EXISTING STREET LIGHTS: 2 EACH Resolution No. 13-195 - Page 5 of 6 Exhibit C Proposed Annual Assessment Fiscal Year 2013/2014 Street Light Maintenance District No. 7 (North Etiwanda): The following table summarizes the assessment rate for Street Light Maintenance District No. 7 (North Etiwanda) for TRACT 18709: EDU Rate per Land Use Basis Factor* EDU* Single Family Unit 1.00 $33.32 Multi-Family Unit 1.00 33.32 Commercial/ Industrial Acre 2.00 33.32 Vacant Acre 2.00 33.32 *EDU means Equivalent Dwelling Unit. The proposed annual assessment for the property described in Exhibit A is as follows: 12 Parcels x 1 EDU Factor x $33.32 Rate Per EDU = $ 399.84 Annual Assessment Resolution No. 13-195 - Page 6 of 6