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HomeMy WebLinkAbout02-064 - Resolutions RESOLUTION NO. 02-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 FOR DR 00-61 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. 1, and Street Lighting Maintenance District No. 1 (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 territoryto 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 XI IID 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 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 XIIID 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 Resolution No. 02-064 Page 2 of 8 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 CITY 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 Territoryto 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. Please see the following page for formal adoption,certircation and signatures Resolution No. 02-064 Page 3 of 8 PASSED, APPROVED, AND ADOPTED this 6'h day of March 2002. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None William J. Ales der, Mayor ATTEST: [Jdbra J. Adam VMC, 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 6`h day of March 2002. Executed this 7th day of March 2002, at Rancho Cucamonga, California. it 0 In D bra J. Ada C, City Cler c Resolution No. 02-064 Page 4 of 8 Exhibit A identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: MALVEN HOUSING PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP The legal description of the Property is: PARCEL 1: That portion of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 11,township 1 South, Range 7 West, in the City of Rancho Cucamonga,County of San Bernardino, State of California,as shown on the map of Cucamonga Lands,recorded in Book 4, Page 9 of Maps in the office of the County Recorder of said County, described as follows: Beginning at the Northwest corner of the East half of the Northwest quarter of the Northwest quarter of the Southwest quarter of said Section 11, said point being in the South line of Arrow Route Highway (40.00 feet wide) and also being the Northeast corner of the parcel of land conveyed to Stanley D.Weaver, ey ux, by Instrument No. 135, recorded July 19, 1966 in Book 3990, Page 594, Official Records; thence South along the East line of said Weaver property, 273.00 feet, more or less, to the Southeast corner thereof; thence Westerly to the Northeast corner of the property conveyed to Chino Basin Municipal Water District, by Instrument No. 27, recorded Noeember 12, 1954 in Book 3504, Page 160, Official Records; thence Southerly along the Easterly line of said Chino Basin Municipal Water property 333.20 feet to the Southeast corner thereof; thence West along the South line of said Chino Basin Municipal Water property, 302.71 feet to the East line of Archibald Avenue 60.00 feet wide;thence South along the East line of Archibald Avenue,57.00 feet, more or less, to the South line of the Northwest quarter of the Northwest quarter of the Southwest quarter of said Section 11,thence South 890 42'56" East along the said South line of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 11, 665.45 feet, more or less, to the Southeast corner thereof, said point also being the Southwest corner of Lot 36, Tract No. 5347, as per plat recorded in Book 66 of Maps, Page 12; thence North along the East line of the said Northwest quarter of the Northwest quarter of the Southwest quarter of Section 11, being also the Westerly line of Tract No. 5347, said West line extended Northerly 663.98 feet to the South line of Arrow Route Highway; thence West along the South line of Arrow Route Highway 332.70 feet, more or less, to point of beginning. Except the interest conveyed to the County of San Bernardino for road purposes by deed recorded May 3, 1960 in Book 5127, Page 402 of Official Records, in the office of the County Recorder of said County. Also except that portion thereof described in the deed to the County of San Bernardino recorded May 28, 1964 in Book 6158, Page 909 of Official Records. Excepting therefrom that portion Northwest quarter, Southwest quarter, Section 11, Township 1 South, Range 7 West commencing at the Northwest corner of Lot 53,Tract No. 5347;thence North 890 42' 34"West along the Westerly prolongation of the North line of said lot,85.00 feet to the true point of beginning; thence continuing North 890 42' 34" West 116.85 feet to the beginning of a tangent curve concave Southeasterly having a radius of 20.00 feet;thence Southwesterly along said curve, through an angle of 900 25' 05"a distance of 31.56 feet;thence tangent to said curve South 00 07' 39" East 184.00 feet; thence South 89° 42' 34" East 136.83 feet; thence North 00 07' 39" West 204.00 feet more or less to the true point of beginning. Resolution No. 02-064 Page 5 of 8 Exhibit "A" continued Togetherwith any interest in that 60foot wide strip of land known as Alpine Street(unimproved)lying within the above described parcel. Also excepting therefrom that portion of the Northwest one-quarterof the Northwest one-quarterof the Southwest one-quarterof Section 11,Township 1 South, Range 7 West,Cucamonga Lands, in the County of San Bernardino, State of California, as per map in Book 4, Page 9 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at the Southwest corner of Lot 37 of Tract No. 5347, as per map recorded in Book 66, Page(s) 11 and 12 of Maps, in the office of the County Recorder of said County;thence North along the West line of said Lot 37 and the West line of Lot 52 of said Tract No. 5347, to the Southeast corner of the land conveyed to the County of San Bernardino by deed recorded April 28, 1978 in Book 9421, Page 1867 of Official Records of said County;thence West along the South line of said County property to the Southwest corner thereof, said point also being the Easterly line of Malvern Avenue as conveyed to County of San Bernardino, by deed recorded May 3, 1960 in Book 5127, Page 402 of Official Records of said County;thence Southerly, Southeasterly and Easterly along the Easterly line of Malvern Avenue and the North line of Salina Street to the point of beginning. Also excepting therefrom that portion of said land as described by deed recorded August 21, 1978 in Book 9500, Page 578 of Official Records of said County,also known as Parcel 3 of Parcel Map No. 4875 as per map recorded in Book 46, Page(s)91 and 92 of Parcel Maps, records of said County. Except therefrom that portion thereof lying Northerly of the following described line: Beginning at the intersection of the Southerly prolongation of the Easterly line of the property conveyed to Chino Basin Municipal Water District, by instrument No. 27, recorded No\ember 12, 1954 in Book 3504, Page 160, Official Records with the South line of the Northwest quarter of the Northwest quarter of the Southwest quarter of said Section 11; thence Northerly along said prolongation and said Easterly line North 00° 07' 22" West 245.15 feet to the True Point of Beginning; thence South 89° 50' 52" East 129.84 feet, more or less to the Westerly line of Malvern Avenue 66.00 feet wide. Also except therefrom that portion thereof lying Westerlyof above-described Southerly prolongation of the Easterly line of the property conveyed to Chino Basin Municipal Water District,by Instrument No. 27, recorded November 12, 1954 in Book 3504, Page 160, Official Records. As per Certificate of Compliance No. 479 for Lot Line Adjustment recorded February21, 2001 as Instrument/File No. 20010063631 of Official Records. The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. Resolution No. 02-064 Page 6 of 8 EXHIBIT^A• ASSESSMENT DIAGRAM AND LANDSCAPE MAINTENANCE DISTRICT NO. 1 ���t10 t`✓ STREET LIGHT N0 MAINTENANCE DISTRICT NO. 1 (+ LORTA C.PHRLIMSILS 3173, * FfiPlv:3oa� � I � FOF CAUL 651 � N89'50'52V 1p. 129-84' 33' 33' i.i d) SCALE: 1'=50' M N zin 2 NN R L�108-58 N R-89.00' O ANm8920�•g7• cii� _ O tOb WMA tooSTRB6P AREA TO 2 BE VACATED N89'42'110E r ) _V33.93 N N8969001'E SOUTHRLY LINE OF I a0 N SAUNA STREET PARCEL I OF I N TRUE POINT OF BEGINNING POINT OF BEGINNING Z l} WESTERLY UNE LA I'791 TR. NO. 5347 I �1 19' SIDEWALK DR OQ-6 1 LORENC. PHILLIPS. DATE WQy� ivateEMENT I M ^o P.L.S. 3173 I R I Z S89'42'59'E 332.91' LEGEND ® PREPARED BY ---DENOTES VACATION OF R-O-W BY CITY TO OWNER. LOREN PHIWPS & ASSOCIATES - -- EASEMENT LINE 22632 GOLDEN.SPRINGS DR. SUITE 230 !—� -NEW STREET LIGHT DIAMOND BAR, CA. 91785 SBOO L (H PSV) (909) 396-9636 G PHILUPS LFL 3173 queer A_7 Resolution No. 02-064 Page 7 of 8 Exhibit B To Description of the District Improvements Fiscal Year 2001/2002 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): Landscape Maintenance District No. 1 (LIVID #1) represents 33.93 acres of landscape area and 41.88 acres of parks, which are located at various sites throughout the City. These sites are not considered to be associated with anyone particular area within the City, but rather benefit the entire City on a broader scale. As such, the parcelswithin this district do not represent a distinct district area as do the City's remaining LMD's. Typically parcels within this district have been annexed upon development. The various sites maintained by the district consist of parkways, median islands, paseos, street trees, entry monuments, Community Trails and Parks. The 41.88 acres of parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park and the Rancho Cucamonga Senior Center. 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 trafic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. Proposed additions to Work Program (Fiscal Year 2001/2002) For Project: DR 00-61 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD # 2 1 --- --- --- --- Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA L#1 --- --- --- 9 *Existing items installed with original project Assessment Units by District Parcel DU S1 L 1 N/A 49 1 0.5 Resolution No. 02-064 Page 8 of 8 Exhibit C Proposed Annual Assessment Fiscal Year 2001/2002 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2001/02. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General Citi: # of Assessment # of Rate Per Physical Units Factor Assessment Assessment Land Use Type Units Units Unit Revenue Single DU 7573 1.0 7269 $92.21 $670.274.49 Family Multi- DU 5952 0.5 2976 $92.21 $274,416.96 Family TOTAL $944,691.45 The Proposed Annual Assessment against the Property(DR 00-61) is: 49 DU x 0.5 A.U. Factor x $92.21 Rate Per A.U. _ $2,259.15 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 Use Unit Tvoe Units Units Factor Units Unit Revenue Single Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00 Family Multi-Family Unit 6,257.00 1.00 6,257.00 $17.77 $111,190.00 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 00-61) is: 49 DU x 1 A.U. Factor x $17.77 Rate Per A.U. _ $870.73 Annual Assessment