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HomeMy WebLinkAbout88-502 - Resolutions RESOLUTION NO. 88-502 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO ~JCAMONGA, CALIFORNIA, APPROVING AN ANNEXATION AGREEMENT FOR DEVELOPMENT AND ANNEXATION OF A 96 ACRE PORTION OF SAN BERNARDINO ODUNTY UNINCORPORATED AREA LOCATED AT THE NORTHWEST CORNER OF ETIWANDA AVENUE AND 24TH STREET WHEREAS. The owners have requested annexation to the City; and WHEREAS. The subject property is located within the established Sphere of Influence of the City. and is contiguous to current City limits; and WHERE,. The annexation of the property will represent a logical extension of the City's boundaries and urban services; and WHEREAS. On June 1. 1988. the City Council reviewed the proposed annexation and passed a resolution of intent to annex the subject property to the City and directed staff to file an application for Change of Organization (annexation) with the Local Agency Formation Commission; and WHEREAS. On July 20. 1988. the City Council held a duly noticed public hearing and approved pre-zoning for the subject property for low density residential use (2-4 dwelling units per acre) and issued a Negative Declaration of effect on the environment; and WHEREAS. On July 20. 1988. the City Council held a duly noticed public hearing, approved a Development Agreement between the applicant and the City for development of the subject property, and issued a Negative Declaration of effect on the environment; and WHEREAS. On August 3. 1988. the City Council held a public hearing to review the attached Annexation Agreement and determined that the annexation of the property to the City would be beneficial to the public purposes of the City. in that development of the property would be in conformance with the City's General Plan and Development Code. WHEREAS. The City Council of the City of Rancho Cucamonga. California desires to support a Change of Organization (Annexation) in accordance with Government Code Section 56195 for the above described property. NOW. THEREFORE. The City Council of the City of Rancho Cucamonga. California. does hereby resolve, determine, and order that the attached Annexation Agreement. (which is EXHIBIT "A" to this resolution, and is by this reference incorporated herein as though fully set forth) be approved and entered into as of this 3rd day of August. 1988. Resolution No. 88-502 Page 2 PASSED, APPROVED, and ADOPTED this 3rd day of August, 1988. AYES: Brown, Stout, King, Wright NOES: None ABSENT: Buquet Dennis L. Stout, Mayor ATTEST: Beverly/A. Authelet, City Clerk I, BEVERLY A. AUTHELET, 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 3rd day of August, 1988. Executed this 4th day of August, 1988 at Rancho Cucamonga, California. Beverly AyAuthelet, City Clerk Resolution No. 88-502 Page 3 EXHIBIT "A" RECORDING R~QUESTED BY AND, WHEN RECORDED, MAIL TO: Beverly A. Authelet City Clerk City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, California 91730 ANNEXATION AGREEMENT ~"nis ANNEXATION A~REEMENT ("Agreement") is entered into to be effective on August 3, 1988, by and between the CITY OF RANC}{O CUCA~DNGA, a municipal corporation of the State of California ("City"), and DORIS DAY, FRA/~K DE V~L and GRACE DE VOL (hereinafter collectively referred to as "Owner"). A. Recitals. (i) Owner is the owner of property presently located in the unincorporated area of San Bernardino County, California, consisting of approximately 96 acres, generally located at the northwest corner of Etiwanda and 24th Street, more particularly described in F~xhibit "A" hereto and hereinafter referred to as "the Property." (ii) Owner desires to annex the Property to the City if City, prior to annexation, approves that proposed Development Agreement attached by reference as Exhibit "B" ("the Development Agreement" hereinafter). (iii) City has determined that annexation of the Property into the City would be beneficial to City and is concurrently providing assurances to Owner of Owner's permission to develop the Property by entering into the Development Agreement. B. ~greement. NOW, THEREFORE, the parties hereto agree as follows: 1. Initiation of Proceedings. Subject to Paragraph 2 below, City shall initiate and diligently pursue to completion proceedings for annexation of the Property to the City in as expeditious a manner as possible and in accordance with the provisions of the Cortese-Knox Local Goverr~ent Reorganization Act of 1985 (Government Code Sections 56000, et seg., the "Cortese-Knox Act"), and all other applicable laws. City has previously or concurrently herewith adopted a Resolution of Application to Annex and promptly shall submit the proposal for annexation of the Property to the City to the Local Agency Formation Commission of San Bernardino County ("LA_FCO"). City agrees to comply with all reasonable and normal conditions and requests for Resolution No. 88-502 Page 4 additional information and documents imposed by LAFCO in connection with the annexation proposal. City agrees to negotiate in good faith with the County of San Bernardino ("County") as to the real property tax exchange between the City and the County to the end that such exchange is agreed upon at the earliest possible time. After LAFCO has made its order of determinations with respect to the annexation proposal and, provided that City has approved the Development Agreement as provided in Paragraph 2 below, City shall complete the annexation proceedings. It is the intent of Owner and City that the annexation proposal approved by LAFCO authorize the City to proceed with the annexation without notice and hearing and without election. In that regard, Owner agrees to consent to the annexation and, further, Owner shall forthwith suspend its activities and processes related to obtaining land use entitlements for the site or any portion or portions thereof from the County of San Bernardino. 2. _C?mp1 et ion of Annexation Pro cee d_i_n~ s. Notwithstanding the provisions of Paragraph 1 above, City shall not adopt a resolution ordering the annexation of the Property to the City, nor authorize the Clerk of the City to transmit a certified copy of such resolution pursuant to the Cortese-Knox Act to the Executive Officer of LAFCO until City's City Council approves the Development Agreement. 3. _E_n_v_i_r_o_r~__e_n_t a 1 Review. In connection with approval of the Development Agreement, City shall undertake all necessary and appropriate review and evaluation of the potential environmental impacts thereof and the development of the Property in accordance therewith on a timely basis and in conformity with all legal requirements, and shall be the "lead agency" for purposes of the California Environmental Quality Act. 4. Notices. Any notice to either party shell be in writing and given by delivering the same to such party in person or by sending the same by registered or certified mail, return receipt requested, or Express Mail, with postage prepaid, to the party's mailing address. The respective mailing addresses of the parties are, until changed as hereinafter provided, the following: City: City of Rancho Cucamonga 9320 Base Line Avenue Rancho Cucamonga, California 91701 Attn: Larry Henderson, Senior Planner Owner: Terrance P. Melcher P.0. Box 8166 Universal City, California 91618 Either party may change its mailing address at any time by giving written notice of such change to the other party in the manner provided herein at least ten (10) days prior to the date such change is effected. Ail notices under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. Resolution No. 88-502 Page 5 5. Attorneys' Fees. If legal action is brought by either party against the other for breach of this Agreement, or to compel performance under this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs. 6. Negation of Partnership. The parties specifically acknowledge that development of the Property is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties in the businesses of Developer, the affairs of City, or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. This Agreement is not intended nor shall it be construed to create any third party beneficiary rights in any Person who is not a party, unless otherwise provided. 7. Severabilit_~. Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any Person, by judgment or court order shall in no way affect any of the other provisions hereof or the application thereof to any other Person or circumstance and the same shall remain in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement. 8. Exhibits. Ail Exhibits to which reference is made herein are deemed incorporated-------~nto this Agreement in their entirety by reference thereto. 9. Entire Agreement. This written Agreement and the Exhibits hereto contain all the representations and the entire agreement between the parties with respect to the subject matter hereof. Except as otherwise specified in this Agreement, any prior correspondence, memoranda, agreements, warranties or representations are superseded in total by this Agreement and Exhibits hereto, and such memoranda. 10. Construction of A~reement. The provisions of this Agreement and the Exhibits hereto shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions hereof, in order to achieve the objectives and purpose of the parties hereunder. The captions preceding the text of each article, section, subsection and the Table of Contents hereof are included only for convenience of reference and shall be disregarded in the construction and interpretation of this Agreement. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice versa. 11. Further Assurances: Covenant to S~ Documents. Each party covenants, on behalf of itself and its successors, heirs and assigns, to take all actions and do all things and to execute, with acknowledgment or affidavit if required, any and all documents and writings that may be necessary or proper to achieve the purposes and objectives of this Agreement. Resolution No. 88-502 Page 6 12. Governing. This Agreement, and the rights and obligations of the parties, shall be governed by and interpreted in accordance with the laws of the State of California. 13. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, when taken together, shall constitute one instrument. The parties have executed this Agreement aa of the day and year first written above. CITY OF RANCM0 CUCAMONGA, a municipal corporation of the State of California By Its Mayor By Its City Clerk APPROVED AS TO FORM: By Its City Attorney Doris Day Frank De Vol Grace De Vol Resolution No. 88-502 Page 7 EXHIBIT "A" (to the Annexation Agreement) LEGAL DESCRIPTION - TRACT 13527 PREPARED FOR THE CITY OF RANCHO CUCAMONGA (LOCATED AT THE NORTH WEST CORNER OF ETIWANDA AVENUE AND 24TH STREET COUNTY OF SAN BERNARDINO). PREPARED JUNE 16, 1988. THE PARCEL DESCRIBED AS FOLLOWS: ~"ne Southeast one-quarter of the Southwest one-quarter and the South one-half of the Southeast one-quarter of Section 20, Township 1 North, Range 6 West San Bernardino Meridian in the County of San Bernardino, State of California according to the official plat thereof. Except therefrom the Westerly 150 feet of the Southeast one-quarter of the Southwest one-quarter of said Section 20. Also except therefrom that portion conveyed to the Southern Surplus Realty Company described as follows: That portion of the Southeast one-quarter of the Southwest one-quarter and that portion of the South one-half of the Southeast one-quarter, all Section 20, Township 1 North, Range 6 West, San Bernardino Base and Meridian, lying Northwesterly and Westerly of a line and its Southerly prolongation which is parallel with and distant 100.00 feet Southeasterly and Easterly, measured at right angles from the following described surveyed reference line: Commencing at the point of intersection of the East line of said Section 20 and a line parallel with and distant 130.00 feet Northerly, measured at right angles from the Northerly line of said Southeast one-quarter of Section 20, said point being South 0° 00' 32" West 2510.50 feet, measured along said East line from a found two (2) inch County Surveyor's Monument at the Northeast corner of said Section 20, said point also being North 0° 00' 32" East 2770.50 feet, measured along said East line from a found one (1) inch County Surveyor's Monument at the Southeast corner of said Section; thence North 89° 27' 07" West, along said parallel line a distance of 1147.74 feet to the TRUE POINT OF BEGINNING; thence South 44° 44' 00" West 3684.72 feet to a point that is North 0° 15' 39" West 125.00 feet from the South line of said Section 20, being measured along the Northerly prolongation of a line parallel with and distant 230.00 feet Easterly, measured at right angles from the Easterly line of West one-half of the Northwest one-quarter of Section 29, Township 1 North, Range 6 West, San Bernardino Base and Meridian; thence South 0° 15' 39" East along said prolongation a distance of 125.00 feet to a point in said South llne of Section 20, said point being North 89° 24' 15" West 1090.76 feet, measured along said South line from a found 1-1/2 inch County Surveyor's Monument at the South one-quarter corner of said Section 20, said Resolution No. 88-502 Page 8 point also being South 89° 24' 15" East 1550.80 feet measured along said South line from a found 1-1/2 inch County Surveyor's Mon,~zent at the Southwest corner of said Section 20. EXCEPTING THEREFROM that portion lying within the Westerly 150 feet of the Southeast one-quarter of the Southwest one-quarter of said Section 20. A/so except therefrom that portion condemned to the San Bernardino County Flood Control District described as follows; those portions within Southerly 50 feet of said Section 20. Approximate area 91.83 acres.