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HomeMy WebLinkAbout88-681 - Resolutions RESOLUTION NO.~ 88=68L- . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT · . -AND ANNEXATION ~AGREEMENT 88-03 ~(.CARYN-COM_PAN~ --ETIWANDA. HIGHLANDS) FOR DEVHLOPMENT AND ANNEXATION OF. APPROXIM~kTELY 282 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF 24TH ~ ..... STREET.~.(SUMMIT AVENUE)-AND WARDMAN BULLOCK ROAD (INCLUDING.. REIMBURSEMENT AGREEMENT) A. RecitaLs (i) The owner of. the subj.ect property, bas requested annexation to the City. (ii) The City is pursuing a change of organization (annexation) of the subject property from the unincorporated area .of the .County of San Bernardino to the City of Rancho Cucamonga. (iii) Attached to this Resolution, marked as Exhibit "1" and incorporated herein by refgrence i~ Annexation Agreement 88-03 concerning the subject property located at the northeast corner of 24th Street (S~it Avenue) and Wardman Bullock Road. (iv) On November 16, 1988, the City Council of the City of Rancho Cucamonga held a duly noticed public hearing concerning the proposed AnDmwation Agreement and concluded said hearing on that date. (v) ALL the legal prerequisites prior to the adoption of this Resolution have occurred ...... . ....... B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve by .as follows: .... · 1... The ..Council hereby specifically finds'that ~ll'_of the facts set forth.in the-Recitals,.Part A of thisResolution are true.a~d.~correct 2. In conjunction with this Annexation Agreement, in conformance with the requirements of the California-Environmental~ Quality Act, an.environmental assessment has been prepared. The Council has determined that this application would not have a significant adverse effect on the environment, hereby adopts a finding of no significant impact on the environment, and hereby issues a Negative Declaration. Resolution No. 88-681 Pa8e 2 3. The Council specifically finds that: (a) The annexation conforms to the General Plan of the City of Rancho Cucamonga; and (b) That the. public neCessity and general welfare .require the approval of the Annexation Agreement ~ 4. The City Council approves the. Annexation Agreement ~ttached hereto as E~hibit "1". PASSED, A~PROVED, and ADOPTED this 16th day of November, 1988. AYES: Brown, Buquet, Stout, .K~pg, Wright NOES: None · AB SENT: None Dennis'. 'Stout, Mayor ATTEST: Beve~e I, BEVERLY A. AU~ET, CITY fIuERK of 'the City of ~cho C~camonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City _ Council of the City of_Rancho Gucamonga, California. at a regular meeting of said City Council held.on the 16th day of November, 1988. Executed this 17th day of November,. 1988 at P~ancho C~cam~nga, California. =' - . ~~~/~'~ ~lerk ': Resolution No. 88-681 EXHIBIT "i" Page 3 RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: Beverly A. Authelet City Clerk City of Rancho Cucamonga P.O. Box 807 Ranch Cucamonga, California 91730 AlalEXATION AGREE)~ENT THIS ANNEXATION AGREEMENT ("Agreement") is entered into to to be effective on November 16 , 1988, between the CITY OF RANCHO CUCAMONGA, a municipal corporation of the State of California ("City"), and CARYN DEVELOPMENT COMPANY, a California corporation ("Owner"). A. Owner is the owner and developer of Property presently located in the unincorporated area of San Bernardino County, California, more particularly described on Exhibit "A" ("County Property"). B. Owner desires to annex the County Property to the City if City, prior to annexation, adopts preannexatton general plans, zoning and other development approvals and entitlements to use which are acceptable tO Owner for the development of the County Property. C. City has determined that annexation of the County Property into the City would be beneficial to City and is concurrently providing assurances to Owner of Owner's permission to develop the County Property by entering into a Development Agreement with Owner pursuant to Government Code Section 65864 et seq. ("Development Agreement"). The parties agree as follows: 1. Initiation of Proceedings. Subject to Paragraph 2 below, City -1- Resolution No. 88-681 Page 4 shall initiate and diligently pursue to completion proceedings for annexation of the County Property to the City in as expeditious a manner as possible and in accordance with the provisions of the Cortese-Knox Local Government Reorganization Act of 1985 (Government Code Section 56000 e__t seq.', 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 County Property to the City to the Local Agency Formation Commission of San Bernardino County ("LAFCO"). City agrees to comply with all reasonable and normal conditions and requests for 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 granted the preannexation City Approvals as provided in Paragraphs 2 and 5 below, City shall complete the annexation proceedings if no majority protest by landowners of the County Property is made. 2. Completion of Annexation Proceedings. Notwithstanding the provisions of Paragraph 1 above, City shall not adopt a resolution ordering the annexation of the County Property to the City, nor authorize the cl~erk of the City to transmit a certified copy of such resolution pursuant to the Cortese-Knox Act to the Executive Officer of LAFCO until the City Approvals for development of the County Property acceptable to Owner have become · Final. As used herein, the term "City Approvals" include, but are not limited to, a preannexation general plan amendment, if necessary; preannexation zoning designating the County Property as planned community; the adoption of a Planned Development Text/Plan ( "Development Plan") as defined in the Development Agreement entered into concurrently herewith; Tentative Tract Map Nos. 13564, 13565, and the Development Agreement. -2- Resolution No. 88-681 r ~_ ~' Page 5 3. Prezontng of the County Property Hearings. Pursuant to Governmental Code Section 65859, City shall initiate the appropriate proceedings for the establishment of the zoning classification of the County Property as Planned Community, which zoning classification shall become effective upon annexation of the County Property to the City. The City shall use its best efforts to set the prezoning for public hearing before the City's Planning Commission on October 26, 1988, and before the City Council (for the first reading) on November 16, 1988, and before the City Council (for second reading) on December 7, 1988. 4. Environmental Review. In connection with such prezoning, the City shall undertake all necessary and appropriate review and evaluation of the potential environmental impact of such prezontng and the development of the County Property in accordance with the County Approvals 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. 5. County Approvals. "County Approvals" as defined in the Development Agreement consists of {a) Tentative Tract Map No. 13S64 approved by the Board of Supervisors of the County of San Bernardino on August. 24, 1987, pursuant to Ordinance No. 3174; (b) Tentative Tract Map No. 13565 approved by the Board of Supervisors of San Bernardino County on August 24, 1987, pursuant to Ordinance No. 3174; (c) Planned Development Text/Plan adopted on August 24, 1987, by the Board of Supervisors of San Bernardino County pursuant to Ord4nance No. 3174 and on August 24, 1987, by the Board of Supervisors of the County of San Bernardtno pursuant to Ordinance No. 3174. (a) Submittal. Prior to the date of this Agreement, Owner submitted the County Approvals to the City for approval by the City. The Development Plan was submitted to the City as the Planned Community Text for all phases of development of the County Property. City agrees to process the County Approvals in a prompt, efficient and continuous manner, to the end that -3- Resolut£on No. 88-68! Pase 6 'they are submitted to the Planning Commission for public hearing, at its meeting scheduled for October 26, lg88, and if approved by the Planning Commission without appeal, they shall be submitted to the City Council for public hearing at the City Council's meeting established for November 16, lg88. The Planned Development Text Plan are attached hereto as Exhibit 6. Revocation of Consent. If Developer and City do not mutually approve the County Approvals, Owner's consent and agreement to the annexation of the County Property to the City shall be deemed revoked and of no force and effect, and City agrees to abandon the Resolution of Application to Annex adopted concurrently herewith and shall not use the consent to annexation from Developer secured as part of this Agreement as the basis for annexation of the Property. 7. Notices. Any notice to either party shall be in writing and given by delivering the same to such party in person or by sending the same be registered or certified mail, or Express Mail, return receipt requested, with postage prepaid, to the party's mailing address. The respective mailing addresses of the parties are, until changed as hereinafter provided, the fol 1 owing: City: City of Rancho Cucamenga 9320 Base Line Road Rancho Cucamenga, CA 91730 Attn: Owner: Caryn Development Company P.O. Box 216 South Laguna, CA 92677-0216 Attn: Mr. Joseph N. Oilorio Either party may change its mailing address at any time by giving written -4- Resolution No. 88-681 Page 7 nottce of such change to the other party in the manner provided herein at least ten (lO) days prior to the date such change is affected. All notices under this Agreement shall be deemed given, received, made or con~nuntcated on the date personal dellvemy is affected or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. 8. Attorneys' Fees. If legal action is brought by etther 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. g. Negation of Partnership. The parties specifically acknowledge that the Project 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 0eveloper, 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 expressly otherwise provided. 10. Approvals. Unless otherwise herein provided, whenever approval, consent or satisfaction (herein collectively referred to as an "approval") is required of a party pursuant to. this Agre~nt, it shall not be unreasonably withheld. Unless provision is made for a specific time period, approval shall be de~d given within thirty (30) days after receipt of the written request for approval, and if a party shall neither approve nor disapprove within such thirty (30) day period, or other time period as may be specified in this Agre~nt for approval, that party shall then be deemed to have given its approval. If a party shall disapprove, the reasons therefor -5- Resolution No. 88-681 Page 8 shall be stated in reasonable detail in writing. Approval by a party to or of arq act or request by the other party shall not be needed to waive or render unnecessary approval to or of any similar or subsequent acts or request. The standards, terms and conditions for Approvals under this Agreement shall extend to and bind the partners, officers, directors, shareholders, trustees, beneficiaries, agents, elective or appointive boards, con~nissions, employees, and other authorized representatives of each party, and each such person shall make or enter into, or take any action in connection with, any Approval hereunder in accordance with such standards, terms and conditions. 11. Severability. Invalidation of any of the provisions contained in this Agreement, or of the application hereof to any Person, by judgment or court order shall in no way affect any other Person or circumstance and the same shall re~in 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. 12. Exhibits. All Exhibits to which reference is made herein,.are deemed incorporated into this Agreement in their entirety be reference thereto. 13. Entire A~reement. This ~rritten Agreement and the Exhibits hereto contain all the representations and the entire agreement between the partie~ with respect to the subject matter hereof. Except as otherwise specified in this Agre~nt, any prior correspondence, n~q~oranda, agreements, warranties or representations are superseded in total by this Agreement and Exhibits hereto, and such memoranda. 14. Construction of A~reement. The provisions of this Agreement and the Exhibits hereto shall be construed as a whole according to their coa~non 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 -6- Resolution No. 88-681 Page 9 parttes hereunder. The capttons preceding the text of each Arttcle, 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 ?eminine or neuter genders, or vice versa. 15. Further Assurances: Covenant to Sign 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 acknowledgement 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. 16. Governtn9 Law. 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. 17. 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 on instrument. The parties have executed this Agreement as of the day and year first written above. CITY OF RANCHO CUCAMONGA, a CARYN DEVELOPMENT COMPANY, a municipal corporation of California corporation the State of California By: By: Nayor Ooseph N. OlIorlo President "Owner" By: City Clerk -7- Resolution No. 88-681 Page 10 EXHIBIT "A" LEGAL DESCRIPTION Parcel No. 1: The west 1/2 of the east 1/2 and the east 1/2 of the west 1/2 of Section 22, Township 1 north, Range 6 west, San Bernardino Base and Meridian, according to the OFficial Plat of said land. Excepting therefrom the north 1/2 of the east 1/2 of the northwest 1/4 of said Section 22. Also excepting therefrom that certain strip of land 80 feet in width, as described in that certain grant deed executed by Samuel J. Wasem, et ux., to The Metropolitan Water District of Southern California, A Public Corporation, recorded July 30, 1969 in Book 7276, Page 603, Official Records. Also excepting therefrom those certain strips of land 330 feet in width, as described in that certain grant deed executed by Samuel J. Wasem, as Trustee to Southern Surplus Realty Co., A California Corporation, recorded April 27, 1973 in Book 8171, Page 84, Official Records. Also excepting the south 30 feet thereof. Also excepting an undivided 1/3 interest in all minerals, oil, gas and hydrocarbon gas as reserved in the deed from Alfred D. Davey, an unmarried man, to Fay Claridge Main, an unmarried woman, recorded May 31, 1950 in Book 2583, Page 129, Official Records. Parcel No. 2: The north 1/2 of the east 1/2 of the northwest 1/4 of Section 22, Township 1 north, Range 6 west, San Bernardino Base and Meridian, according to the OFficial Plat of said land. Excepting therefrom that certain strip of land 330 feet in width lying across the property herein described, as described in that certain grant deed executed by Samuel J. Wasem, as trustee to Southern Surplus Realty Co., A California Corporation, recorded April 27,1973 in Book 8171, Page 84, Official Records. Also excepting an undivided 1/3 interest in all minerals, oil, gas and hydrocarbon gas as reserved in the deed from Alfred D. Davey, an unmarried man, to Fay Claridge Main, an unmarried woman, recorded May 31, 1950 in Book 2583, Page 129, Official Records.