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HomeMy WebLinkAbout02-205 - Resolutions RESOLUTION NO. 02-205 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 14493-1 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 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 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. 02-205 Page 2 of 7 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 Territoryfrom 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 adoptlon,cergrication and signatures Resolution No. 02-205 Page 3 of 7 PASSED, APPROVED, AND ADOPTED this 3`d day of July 2002. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None William J. Ales er, Mayor ATTEST: A"'6— Debra J. Ada s, 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,ata Regular Meeting of said City Council held on the 3`d day of July 2002. Executed this 81h day of July 2002, at Rancho Cucamonga, California. L�YJ-6L� betbra J. Ada MC, City Clerk Resolution No. 02-205 Page 4 of 7 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: TRACT NO. 14493-1 BEING A SUDIVISION OF: PARCEL 10 OF CERTIFICATE OF COMPLIANCE NO. 496 FOR LOT LINE ADJUSTMENT RECORDED OCTOBER 31, 2001, AS INSTRUMENT/FILE NO. 20010496033 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER;THENCE SOUTH 89025'52" EAST, ALONG THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER, 240.01 FEET TO THE EASTERLY LINE OF THE WESTERLY 240.00 FEET OF SAID WEST HALF; THENCE SOUTH 00°06'22"WEST ALONG SAID EASTERLY LINE, 40.00 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING SOUTH 00°06'22"WEST,ALONG SAID EASTERLY LINE 865.77 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 69°50'37" EAST, 156.55 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 70.00 FEET TO WHICH A RADIAL LINE BEARS NORTH 23°09'53" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE 31.21 FEET THROUGH A CENTRAL ANGLE OF 25032'42";THENCE SOUTH 87°37'10"EAST, 122.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 89.00 FEET; THENCE EASTERLY ALONG SAID CURVE 2.85 FEET THROUGH A CENTRAL ANGLE OF 01°49'56"; THENCE SOUTH 89°27'06" EAST, 86.51 FEET; THENCE SOUTH 00032'54" WEST, 33.00 FEET TO THE NORTHERLY LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29;THENCE SOUTH 89°27'06"EAST,ALONG SAID NORTHERLY LINE 707.90 FEET TO THE EASTERLY LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 29;THENCE NORTH 00°02'19"EAST,ALONG SAID EASTERLY LINE, 659.35 FEET TO THE SOUTHERLY LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29;THENCE NORTH 89°26'17"WEST,ALONG SAID SOUTHERLY LINE,658.10 FEET TO THE WESTERLY LINE OF SAID NORTH HALF; THENCE NORTH 00°04'21" EAST,ALONG SAID WESTERLY LINE, 289.75 TO THE SOUTHERLY LINE OF THE NORTHERLY 40.00 FEET OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 29, ALSO BEING THE SOUTHERLY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED TO METROPOLITAN WATER DISTRICT IN BOOK 7439, PAGE 296, OFFICIAL RECORDS;THENCE NORTH 89025'52"WEST,ALONG SAID SOUTHERLY LINE,417.92 FEET TO THE TRUE POINT OF BEGINNING. The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. Resolution No. 02-205 Page .�/ fir- ♦ i 10 i■ ■1.11■ ■ � � �• 111111► /III■ ■IIr� ��� ■11■ ■■Ir► I.Ir r ■■■■■■rt,� 11111 IIIIII . 111111 1111111�� 1 i■rr■ ■r111■ ilk . ■■■■■■■■/ e _ ,..nu ■r■■► .: BVI I uuunn CAEM ■111■111■ . ■ ■r ulrl■ ■■■■■ � �IIIIIIIIIi i � 111111111t'� .nn■ ■u■I : 11 1■ UIIIII / ��nn■ uuq . �� �► V1 0 71A 6 F— BOUNDARY OF ANNEXATION PAP NORT ft NTS CITY IIIIIII IIIr► - � �. ��1111 111111 p utuumu �I ♦�'�� \\III Il��i� �ill - � 1111 '��r� " : ■� �' � 1111111111 � X11 _ � 1111111111 � !, � �UII 11111\� i 11 ►III X1111 OF = ITEM: Tract IMLI! RANCHOCUCAMONGA ENGINEERINGDIVISION Resolution No. 02-205 Page 6 of 7 Exhibit B To Description of the District Improvements Fiscal Year 2001/2002 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. 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 trafic 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 14493-1 Number of Lamps Street Lights 5800L 9500L 16,OOOL 22,0001- 27,500L SLD # 1 67* 22* SLID #7 11* SLD #7 +31 *Installed with Rancho Etiwanda backbone improvements Resolution No. 02-205 Page 7 of 7 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 Use Unit Tvoe Units Units Factor Units Unit Revenue Single Parcel 18,894.00 1.00 18,894.00 $17.77 $335,746.38 Family Multi-Family Unit 6,563.00 1.00 6,563.00 $17.77 $116,624.51 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 14493-1) is: 69 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. _ $1,226.13 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 Unit Type Units Units Factor Units Unit Revenue 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 14493-1) is: 69 Parcels x 1.0 A.U. Factor x $33.32 Rate Per A.U. _ $2,299.08 Annual Assessment