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Home My WebLink About01-171 - Resolutions RESOLUTION NO. 01-171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 99-77 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 3B, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (referred to collectively as the "Maintenance Districts"); and WHEREAS,the provisions of Article 2 of Chapter 2 of the"Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation resolutions, an 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 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; 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 Maintenance Districts 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 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and Resolution No. 01-171 Page 2 of 9 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 1972 Act and/or Article XII ID applicable to the authorization to the 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 of levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts 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 CIN OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all 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 of the Territory to the Maintenance Districts,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 B. SECTION 4: All future proceedings of the Maintenance Districts,including the levy of all assessments, shall be applicable to the Territory. Resolution No. 01-171 Page 3 of 9 PASSED, APPROVED, AND ADOPTED this 18`h day of July 2001. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None C William J. Ale der, ayor ATTEST: e ra J. Ada , CMC, City Clerk I,DEBRA J.ADAMS,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 18`h day of July 2001. Executed this 19`h day of July, at Rancho Cucamonga, California. 1 4,/1, e �X, -) — e ra J. Adams,W, City Clerk Resolution No. 01-171 Page 4 of 9 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: CABOT INDUSTRIAL PROPERTIES,L.P. The legal description of the Property is: LOT 1 THE WEST l//2 OF LOTS 18 AND 23,SECTION 14,TOWNSHIP I SOUTH,RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN,IN THE CITY OF RANCHO CUCAMONGA,IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE MAP OF THE CUCAMONGA LANDS, AS PER PLAT RECORDED IN BOOK 4 OF MAPS, PAGE 9,RECORDS OF SAID COUNTY. EXCEPT THE SOUTH 5.00 FEET OF SAID LOT 23. ALSO EXCEPT THAT PORTION CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY THE DEED RECORDED JULY 17,1962 IN BOOK 5734, PAGE 806, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY THAT CERTAIN FINAL ORDER IN CONDEMNATION DATED MARCH 2, 1982,RECORDED MARCH 15, 1982, INSTRUMENT NO. 82-050458,OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN 6"STREET AND HERMOSA AVENUE. TOGETHER WITH: THE SOUTH 5 FEET OF LOT 23,SECTION 14,TOWNSHIP 1 SOUTH,RANGE 7 WEST,SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,ACCORDING TO THE MAP OF THE CUCAMONGA LANDS, AS PER PLAT RECORDED IN BOOK 4 OF MAPS, PAGE 9, RECORDS OF SAID COUNTY,LYING WESTERLY OF THE 116.00 FOOT WIDE STRIP OF LAND,CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY THE DEED RECORDED APRIL 30, 1981, INSTRUMENT NO. 81-094211, OFFICIAL RECORDS. TOGETHER WITH: THE WEST %, OF LOT 26, SECTION 14, TOWNSHIP I SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,ACCORDING TO THE MAP OF THE CUCAMONGA LANDS, AS PER PLAT RECORDED IN BOOK 4 OF MAPS, PAGE 9, A- 1 DR 99-77 Resolution No. 01-171 Page 5 of 9 Exhibit"A"continued RECORDS OF SAID COUNTY,LYING WESTERLY OF THE 116.00 FOOT WIDE STRIP OF LAND (BEING 58.00 FEET ON EACH SIDE) CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY THE DEED RECORDED APRIL 30, 1981, INSTRUMENT NO. 81-094211,OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION GRANTED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY THE DEED RECORDED JULY 17, 1962,IN BOOK 5734,PAGE 806,OFFICIAL RECORDS AND JUNE 9, 1965,IN BOOK 6407,PAGE 732, OFFICIAL RECORDS, IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY,MORE FULLY DESCRIBED AS LYING WITHIN A STRIP OF LAND 100.00 FEET WIDE,BEING 50.00 FEET ON EACH SIDE OF,MEASURED AT RIGHT ANGELES TO THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE CENTER LINE OF 0 STREET(66.00 FEET WIDE), DISTANT 663.53 FEET ALONG SAID CENTER LINE SOUTH 89036'25"EAST FROM THE INTERSECTION OF SAID CENTER LINE WITH THE CENTER LINE OF TURNER AVENUE(80.00 FEET WIDE);THENCE SOUTH 00°07'09 EAST 2492.01 FEET;THENCE SOUTHWESTERLY 119.87 FEET ALONG A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1000.00 FEET AND A CENTRAL ANGLE OF 06052'04"TO A POINT IN THE NORTH LINE OF SAN BERNARDINO AVENUE(60.00 FEET WIDE); THENCE SOUTH 06044'55"WEST,33.20 FEET TO A POINT OF TERMINATION IN THE CENTER LINE OF SAN BERNARDINO AVENUE,SAID POINT BEING DISTANT 666.70 FEET SOUTH 89034'29" EAST FROM THE CENTER LINE INTERSECTION OF SAN BERNARDINO AVENUE WITH TURNER AVENUE. ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 26 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 26; SAID CORNER ALSO BEING IN COMMON WITH THE NORTHWEST CORNER OF LOT 31 AS SHOWN ON SAID MAP OF CUCAMONGA LANDS PER SAID PLAT RECORDED IN BOOK 4 OF MAPS,PAGE 9,RECORDS OF SAID COUNTY;THENCE ALONG THE WESTERLY LINE OF SAID LOT 26, NORTH 00°02'31"WEST 119.04 FEET;THENCE NORTH 89°57'29"EAST 472.91 FEET,TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF THAT CERTAIN 116.00 FOOT WIDE STRIP OF LAND(BEING 58.00 FEET ON EACH SIDE)AS CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED APRIL 30, 1981, AS INTRUMENT NO. 81-094211, OFFICIAL RECORDS; SAID POINT BEING ON A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 1353.20 FEET;A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 66°49'36" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND WESTERLY LINE THROUGH A CENTRAL ANGLE OF 05046'16"AN ARC DISTANCE OF 136.30 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF SAID LOT 26: A RADIAL BERING THROUGH SAID POINT BEARS SOUTH 61°03'20"EAST;THENCE ALONG SAID SOUTHERLY LINE,NORTH 89034'56"WEST 412.98 FEET TO THE"TRUE POINT OF BEGINNING". ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN HERMOSA AVENUE. NOTE: AREAS AND DISTANCES AS SHOWN ON MAP OF ABOVE DESCRIBED SUBDIVISION INDICATE SAME ARE COMPUTED TO STREET CENTERS. A-2 DR 99-77 Resolution No. 01-171 Page 6 of 9 Exhibit B To Description of the District Improvements Fiscal Year 2000/2001 LANDSCAPE MAINTENANCE DISTRICT NO.311(COMMERCIAL/INDUSTRIAL): Landscape Maintenance District No. 3b (LMD #3b) represents landscape sites throughout the Commercial/Industrial Maintenance District. These sites are associated with areas within that district and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that district. Because of this,assessments required for this district are charged to those parcels within that district. The various landscape sites that are maintained by this district consist of median islands, parkways,street trees,entry monuments,the landscaping within the Metrolink Station and 22.87 acres of the Adult Sports Park(not including the stadium,parking lots or the maintenance building. STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD#1)is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district,being located on arterial streets,have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO.6(COMMERCIAL/INDUSTRIAL): Street Light Maintenance District No.6(SLD#6)is used to fund the maintenance and/or installation of street lights and traffic signals located on commercial and industrial streets throughout the City but excluding those areas already in a local maintenance district. Generally this area encompasses the industrial area of the City south of Foothill Boulevard. It has been determined that the facilities in this district benefit the properties within this area of the City. The sites maintained by the district consist of street lights on industrial or commercial streets and traffic signals(or a portion thereof)on industrial or commercial streets generally south of Foothill Boulevard. B— 1 DR 99-77 Resolution No. 01-171 Page 7 of 9 Exhibit`B"continued Proposed additions to Work Program(Fiscal Year 2001/2002) For Project: DR 99-77 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD# 1 --- --- --- --- --- SLD#6 16 --- --- --- Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA L 3B --- --- 111 'Existing items installed with original project Assessment Units by District Parcel Acres Sl S6 L 3B N/A 27.75 --- 27.75 27.75 B-2 DR 99-77 I Resolution No. 01-171 Page 8 of 9 Exhibit C Proposed Annual Assessment Fiscal Year 2000/2001 LANDSCAPE MAINTENANCE DISTRICT NO.3B(COMMERCIALANDUSTRIAL): The rate per assessment unit(A.U.) is $352.80 for the fiscal year 2000/01. The following table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial/Industrial): #of #of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Comm/Ind Acre 1849.01 1.0 1849.01 $352.80 $652,330.73 The Proposed Annual Assessment against the Property(DR 99-77)is: 27.75 Acres x I A.U.Factor x $352.80 Rate Per A.U.= $9,790.20 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): #of #of Rate Per Physical Physical Assessment Assessment Assessment land l Ise I lnit Tyne I In qts i In its Factnr Units Unit't R ven Single Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00 Family Multi- Unit 6,257.00 1.00 6,257.00 $17.77 $111,190.00 Family Commercial Acre 1,999.52 2.00 3,999.04 $17.77 $71,060.00 TOTAL $483,560.00 The Proposed Annual Assessment against the Property(DR 99-77)is: 27.75 Acres x 2 A.U. Factor x $17.77 Rate Per A.U.= $986.23 Annual Assessment C- 1 DR 99-77 Resolution No. 01-171 Page 9 of 9 Exhibit"C^continued STREET LIGHT MAINTENANCE DISTRICT NO.6(COMMERCIALANDUSTRIAL): The rate per assessment unit (A.U.) is $51.40 for the Fiscal Year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No.6(Commercial/Industrial): 9 of 9 of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Comm/Ind Acre 1,716.63 1.00 1,716.63 $51.40 $88,235.00 The Proposed Annual Assessment against the Property(DR 99-77)is: 27.75 Acres x l A.U.Factor x $51.40 Rate Per A.U. _ $1,426.35 Annual Assessment C-2 DR 99-77