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HomeMy WebLinkAbout02-263 - Resolutions RESOLUTION NO. 02-263 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 14495 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 XII ID of the Constitution of the State of California ("Article XII ID")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. 02-263 Page 2 of 9 WHEREAS, at this time the City Council desires to order the annexation of the Territoryto 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 thai.: a. The annual assessments proposed to be levied on each pe rcel 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 otthe 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. 02-263 Page 3 of 9 PASSED, APPROVED, AND ADOPTED this 2nd day of October 2002. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None (I—zzr Lf L William J. xander, ayor ATTEST: Aebra 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 2nd day of October 2002. Executed this 3d day of October 2002, at Rancho Cucamonga, Calibrnia. /J'� Q, ae �� Deb a J. Adams, , City Clerk Resolution No. 02-263 Page 4 of 9 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: MBK HOMES, LTD The legal description of the Property is: SEE "EXHIBIT ONE" ON PAGES A-2 AND A-3, ATTACHED HEREWITH AND BY THIS REFERENCE MADE A PART THEREOF The above-described parcels are shown on sheet A-4 attached herewith and by this reference made a part hereof. Resolution No. 02-263 Page 5 of 9 Order No. 9790350 - C EXHIBIT "ONE" TRACT NO. 14495 BEING A SUBDIVISION OF: PARCEL 3 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: THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, 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 WEST HALF; THENCE SOUTH 890 24' 03" EAST, ALONG THE NORTHERLY LINE OF SAID WEST HALF, 240.04 FEET TO A POINT THE EASTERLY LINE OF THE WEST 240.00 FEET SAID NORTHWEST QUARTER, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 000 23' 58" EAST, ALONG SAID EASTERLY LINE, 821.12 FEET; THENCE LEAVING SAID EAST LINE, SOUTH 890 24' 03" EAST,479.77 FEET; THENCE NORTH 000 35' 57" EAST, 7.00 FEET; THENCE SOUTH 890 24' 03- EAST, 253.13 FEET; THENCE NORTH 870 19' 43" EAST, 70.11 FEET; THENCE SOUTH 890 24' 03" EAST, 276.17 FEET TO A POINT ON THE EASTERLY LINE OF SAID WEST HALF; THENCE NORTH 00" 17' 31" WEST, ALONG SAID EASTERLY LINE 810.10 FEET TO THE NORTHERLY LINE OF SAID SECTION 29; THENCE NORTH 89° 24' 03" WEST, ALONG SAID NORTHERLY LINE, 1080.78 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING AND RESERVING, ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, MINERALS AND WATER UNDERLYING A PLANE PARALLEL TO AND 500 FEET, MEASURED VERTICALLY DOWNWARDS BELOW THE SURFACE OF THE LAND, WHICH PORTION IS HEREINAFTER REFERRED TO AS "SUBSURFACE LAND" TOGETHER WITH RIGHTS OF WAY, EASEMENTS AND SERVITUDES IN AND THROUGH SUBSURFACE LAND FOR THE PURPOSE OF EXERCISING CERTAIN RIGHTS WHICH INCLUDE BUT ARE NOT LIMITED TO THE RIGHT TO PROSPECT, EXPLORE, MINE, DRILL, PRODUCE, TAKE, TREAT, STORE AND REMOVE ALL SUCH OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, MINERALS AND WATER AND THE RIGHT TO INJECT IN AND REMOVE FROM SUBSURFACE LAND OIL, GAS, WATER OR OTHER FLUIDS FOR THE PURPOSE OF STORAGE, PRESSURE MAINTENANCE AND/OR SECONDARY RECOVERY OF SUCH OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND OTHERWISE TO DRILL, COMPLETE AND MAINTAIN WELLS INTO AND THROUGH SUBSURFACE LAND FROM SURFACE LOCATIONS OUTSIDE THE BOUNDARIES OF SAID LAND PROVIDED, HOWEVER, THAT SAID RIGHTS DO NOT INCLUDE THE RIGHT TO ENTER UPON THE SURFACE OF SAID REAL PROPERTY, OR WITHIN 500 FEET MEASURED VERTICALLY DOWNWARDS BELOW THE SURFACE OF SAID REAL PROPERTY, AS RESERVED IN THE DEED FROM UNION OIL COMPANY OF CALIFORNIA, RECORDED MAY 28, 1976 IN BOOK 8937, PAGE 1547 OF OFFICIAL RECORDS. ALSO EXCEPTING WITHOUT RIGHT OF SURFACE ENTRY, AS A MINERAL INTEREST AND NOT AS A ROYALTY INTEREST, ALL OIL, GAS, OTHER MINERALS AND HYDROCARBON SUBSTANCES, AND ACCOMPANYING FLUIDS, BUT NOT BY WAY OF LIMITATION, ALL GEOTHERMAL RESOURCES IN, UNDER, OR PRODUCED AND SAVED FROM THE REAL PROPERTY GRANTED HEREIN, TOGETHER WITH ANY OF THE FOREGOING THAT MAY BE ALLOCATED THERETO PURSUANT TO ANY POOLING OR UNITIZATION AGREEMENT OR RATEABLE TAKINGS PROGRAM TO WHICH GRANTOR MAY SUBSCRIBE, AND TOGETHER WITH THE SOLE AND EXCLUSIVE RIGHT TO PROSPECT FOR, DRILL FOR, PRODUCE, AND REMOVE SUCH OIL, GAS, OTHER MINERALS AND HYDROCARBON SUBSTANCES, AND GEOTHERMAL RESOURCES, FROM SAID REAL PROPERTY BELOW t#-2 Resolution No. 02-263 Page 6 of 9 Order No. 9790350- C THE DEPTH OF 500 FEET FROM THE SURFACE OF SAID REAL PROPERTY, INCLUDING THE RIGHT TO SLANT DRILL FROM ADJACENT PROPERTY, THE RIGHT TO UTILIZE SUBSURFACE STORAGE FOR NATURAL SUBSTANCES, AND THE RIGHT TO MAINTAIN SUBSURFACE PRESSURES AS RESERVED IN THE DEED FROM THE REGENT OF THE UNIVERSITY OF CALIFORNIA RECORDED FEBRUARY 21, 1997 AS INSTRUMENT NO. 97- 062043 OF OFFICIAL RECORDS. A 3 Resolution No. 02-263 Page 7 of ' 10 06 .000 Scb� MW • � Ga alai■■ ` .'�:'�� �� ■iiiiiii �� �iiiliii ♦ �� �� 11/111► ���0 illi il!<t� ` ��I• • iliilii�� i 11111 1111/1 11111 1 111/111111 ■11■ ■Illii Il�� h4AeX 7b l � ■■■■■■■■ o4qq ST' �.._�,�_.� \111 ununl\ ► �'unun■ • • u Inco ■ni■ 1 1111111111 : : ►1111111 111/ � • �.■■•i ii■.. . ► li illlill►� .un■ ■nr� i 1111 1111111 / t!1■ ■illfl■■� /111111 IIIc► ��1111111111 — 111111111!!1 111 - 1111 •����� : ■t 111111111/ � CII 1/1111111 C ;1 1111111111\IIN7)q6E BOUNDAR'� OF ANNEXATION ■ �Illl 11111\� i 11 HAP NORTH� NTS CITY -- = == I OF RANCHO CUCAMONGA TITLE:Rancho Etiwanda ENGINEERING DWISION Resolution No. 02-263 Page 8 of 9 Exhibit B To Description of the District Improvements Fiscal Year 2002/2003 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 streets within the North Etiwanda area. Proposed additions to Work Program (Fiscal Year 2002/2003) For Project: Tract 14495 Number of Lamps Street Lights 5800L 9500L 16 OOOL 22,0001- 27,500L SLD # 1 67* 22* SLD #7 11* SLD #7 +26 *Installed with Rancho Etiwanda backbone improvements Resolution No. 02-263 Page 9 of 9 Exhibit C Proposed Annual Assessment Fiscal Year 2002/2003 STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2002/03. 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 TV Units Units Factor Units Unit Revenue Single Parcel 19,803 1.00 19,803 $17.77 $351,899.31 Family Multi-Family Unit 7,402 1.00 7,402 $17.77 $131,533.54 Commercial Acre 2,288.82 2.00 4,577.64 $17.77 $81,344.66 TOTAL $564,777.51 The Proposed Annual Assessment against the Property(TR 14495) is: 58 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. _ $1,030.66 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA): The rate per assessment unit (A.U.) is $33.32 for the fiscal year 2002/03. The following table summarizes the assessment rate for Street Light Maintenance District No. 7 (North EtiAanda): # of #of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Tvoe Units Units Factor Units Unit Revenue Single Parcel 1084 1.00 1084 $33.32 $36,118.88 Family Comm/Ind Acre 5 2.00 10 $33.32 $333.00 TOTAL $36,452.08 The Proposed Annual Assessment against the Property(TR 14495) is: 58 Parcels x 1.0 A.U. Factor x $33.32 Rate Per A.U. _ $1,932.56 Annual Assessment