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HomeMy WebLinkAbout02-092 - Resolutions RESOLUTION NO. 02-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 15902 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 Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 7 (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 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. 02-092 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 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. Please see the following page for formal adoption,certification and signatures Resolution No. 02-092 Page 3 of 8 PASSED, APPROVED, AND ADOPTED this 201h day of March 2002. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None ctt.� William J. 7"der, Mayor ATTEST: De ra J. Adams, WC, City Clerk I, DEBRAJ.ADAMS,CITY CLERKof the Cityof 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 20`h day of March 2002. Executed this 21 sc day of March 2002, at Rancho Cucamonga, California. 419 12U"2 a aA,6 4. ' zebra J. Adams, WC, City Clerk Resolution No. 02-092 Page 4 of 8 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: RANCHO ETIWANDA 685, LLC The legal description of the Property is: See Attached Exhibits "A-11" and "13-10/11" A- 1 TR 15902 Resolution No. 02-092 Page 5 of 8 EXHIBIT "A-11" LEGAL DESCRIPTION PARCEL 11 THAT PORTION OF THE WESTERLY 330.00 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 6 WEST, S.B.B. & M., IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID EAST HALF; THENCE SOUTH 00002'19" WEST, ALONG THE WESTERLY LINE OF SAID EAST HALF, 40.00 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 40.00 FEET OF SAID EAST HALF, ALSO BEING THE SOUTHERLY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN DEED TO THE METROPOLITAN WATER DISTRICT IN BOOK 7291, PAGE 516 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°02'19" WEST, ALONG SAID WEST LINE, 986.44 FEET, THENCE LEAVING SAID WEST LINE, SOUTH 89'57'41" EAST, 14.00 FEET; THENCE NORTH 19049'48" EAST, 25.46 FEET; THENCE NORTH 86044'51" EAST, 172.90 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 817.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 54.20 FEET THROUGH A CENTRAL ANGLE OF 03048'03" TO A POINT ON THE NORTHERLY LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29, THENCE SOUTH 89027'06' EAST, ALONG SAID NORTHERLY LINE, 80.59 FEET TO THE EASTERLY LINE OF SAID WESTERLY 330.00 FEET; THENCE NORTH 00`02'19" EAST ALONG SAID EASTERLY LINE, 948.90 FEET TO SAID SOUTHERLY LINE OF THE NORTHERLY 40.00 FEET OF SAID EAST HALF; THENCE NORTH 89°25'52" WEST, ALONG SAID SOUTHERLY LINE, 330.01 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING APPROXIMATELY 7.24 ACRES. THE ABOVE DESCRIBED PARCEL IS SHOWN ON EXHIBIT "B-10/11" ATTACHED HEREWITH AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED IN THE OFFICES OF ALLARD ENGINEERING �gE�LAND sjj �PRK rr 0z 58220 MARK WARE, PLS 5820 DATE * Exp.(Qlfo/aL EXP. 06/30/04 �lFOF CALI?rj% �I -2 Resolution No. 02-092 Page 6 of 8 EXHIBIT "B-10/11" SKETCH TO ACCOMPANY LEGAL DESCRIPTION I W 0 >O J �� Qh ¢ ALW.O.7R�/6GpH�T-OF-WAY PER 30 i �29 am'4 BK R.S. 38/3 PC 31J. O.R. cw NW OR.. E. 1/2. t 40SW. 1/4, SM 29 f- - $ ---58975'5?2'--------- ----- --------------------------------- - W. I/4 COR. SEC. 29 t�-_ 417.92 330.01' T.P.O.B �y M.W.D. RICHT-Of-NAY PER ^ r.PO�w \ PARCEL f0 j - n BA'. 7266, PL 711, O.R. 'o PARCEL I1 jj n^ 2id R.S. 3B/<T m W. LlN� N 1/2. NE 7/<. h Y S W 2 NW 1/I. 5W 7/1 SEC. 29. q loo Zm & + '1 ' W 658.10' tiCCW� O�jg I E. •LIN- W. I/2, W 2��RO vel y 3 y�n ai N n 5. LR1E N 1/2, NE 7/4, SW. 1/1, 5EL 29. W 2 N' oe NW 1/I. SW 1/4 SEC. 29. o ;� I p=gJ w h; l�ta4o� y tl ;y 'y,\ PARCH 10 �. a PARCEL! W �—240.00' 1$71 7.24 xna w 4i4i I \\I v R.�89.00 1�. ReB77.00' e D-01.4956' 3 D=03'4803' �• O L-2.85 SB9'27'06"E 2 L-54.20' �n 2 c:1 69• ct /J650 �m W ,�. �. 6651 350002 51 589'77'06' H, U 707.90 rv� L=31.71 i 658.49' of Vi R=70.00 \ 122.56' N. LA's S I/2, Sr.SI/t, N2.90' � $E 0=25.3242-SB737'10� 49.41' Nw. 1/1� Sw. I/4, SEC ?9. J72.90' T=15.87 M19-4p'48-E 2� z 35.44' 25.46 Gi o, E. UNC, S 1/2. SE. 1/4, I i 00' t;V NW. 1/4, SW. 1/4, SEC. 29 4 N LRIE. S 1/2, SII: 1/1. NE. 7/�, Sw. 1/<. SEC. 29. yEp LA 08 �V�a�P?tK Wgq FqR ( l 5820 * Exp,S '�toLol 14- 3 UFCALIF�Q� SCALE: 1 "=300' Resolution No. 02-092 Page 7 of 8 Exhibit B To Description of the District Improvements Fiscal Year 2001/2002 STREET LIGHT MAINTENANCE DISTRICT NO. I (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.7 (NORTH ETIWANDA): Street Light Maintenance District No. 7(SLD#7)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. 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 local streets and traffic signals (or a portion thereof) on local street within the North Etiwanda area. Proposed additions to Work Program (Fiscal Year 2001/2002) For Project: Tract 15902 Number of Lamps Street Lights 5800L 9500L 16,OOO1, 22,0001, 27,500L SLD# 1 67* 22* SLD 97 l l* SLD # 7 +11 * Installed with Rancho Etiwanda backbone improvements B — I TR 15902 Resolution No. 02-092 Page 8 of 8 Exhibit C Proposed Annual Assessment Fiscal Year 2001/2002 STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2001/02. 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 I Ise l Init Tyne Units IJnits Factor I In its Unit Revenue Single Parcel 18,894.00 1.00 18,894.00 $17.77 $335,746.38 Family Multi- Unit 6,563.00 1.00 6,563.00 $17.77 $116,624.51 Family Commercial Acre 2,245.47 2.00 4,490.94 $17.77 $79,804.00 TOTAL $532,174.89 The Proposed Annual Assessment against the Property(TR 15902) is: 25 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. = $833.00 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA): The rate per assessment unit (A.U.) is $33.32 for the fiscal year 2001/02. The following table summarizes the assessment rate for Street Light Maintenance District No. 7 (North Etiwanda): #of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use I Jn it Tyne I lni s I(nits Factor Units Unit R eye.nne Single Parcel 944 1.00 944 $33.32 $31,454.00 Family Comm/Ind Acre 5 2.00 10 $33.32 $333.00 TOTAL $31,787.00 The Proposed Annual Assessment against the Property(TR 15902) is: 25 Parcels x 1.0 A.U. Factor x $33.32 Rate Per A.U. = $442.25 Annual Assessment C- 1 TR 15902