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HomeMy WebLinkAbout04-282 - ResolutionsRESOLUTION 04-282 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 10 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT NO. 16100 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 (the 72 Act"), said Landscape Maintenance District 1, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 2 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the 72 Act authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation of 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 owner of property within the territory to be annexed; and WHEREAS, notwithstanding the such provisions of the 72 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 72 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. 04-282 Page No. 2 of 10 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 72 Act and/or Article XIIID applicable to the authorization to 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 to 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 amount snot to exceed the amounts set forth in Exhibit B hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVE AS FOLLOWS: SECTION 1: The above recitals are all true and correct SECTION 2: This 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 improvements 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 levy of all assessments, shall be applicable to the Territory. Please see the following page For formal adoption, certification and signatures Resolution No. 04-282 Page 3 of 10 PASSED, APPROVED, AND ADOPTED this 15h day of September 2004. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None ATTEST: e 'ra J. Ada s MC, 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 15h day of September 2004. Executed this 16h day of September 2004, at Rancho Cucamonga, California. Debra J. Ada MC, City Clerk Resolution No. 04-282 Page 4 of 10 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: RANCHO EAST, L.P. A CALIFORNIA LIMITED PARTNERSHIP The legal description of the Property is: Real property in the City of Rancho Cucamonga, County of San Bernardino, State of California, described as follows: BEING A PORTION OF THE EAST %2 OF THE SOUTHWEST'/4 OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID EAST '/2; THENCE NORTH 00 DEG 09' 29" WEST, 1422.34 FEET ALONG THE WEST LINE OF SAID EAST 1/2 TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89 DEG 50' 12" EAST, 12.02 FEET; THENCE NORTH 19 DEG 40' 49" EAST, 25.47 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 579.00 FEET; THENCE EASTERLY ALONG SAID CURVE FROM AN INITIAL RADIAL LINE WHICH BEARS SOUTH 3 DEG 23' 39" EAST, THROUGH A CENTRAL ANGLE OF 12 DEG 18, 26", AN ARC LENGTH OF 124.37 FEET; THENCE NORTH 74 DEG 17' 55" EAST, 51.88 FEET; THENCE NORTH 71 DEG 46' 49" EAST, 91.03 FEET; THENCE NORTH 74 DEG 17' 55" EAST, 603.07 FEET; THENCE SOUTH 58 DEG 42' 16" EAST, 33.71 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 270.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE FROM AN INITIAL RADIAL LINE WHICH BEARS NORTH 75 DEG 55' 21" EAST, THROUGH A CENTRAL ANGLE OF 12 DEG 34' 42", AN ARC LENGTH OF 59.27 FEET TO THE BEGINNING OF A RESERVE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 330.00 FEET; THENCE SOUTHEASTERLY ALONG SAID REVERSE CURVE FROM AN INITIAL RADIAL LINE WHICH BEARS SOUTH 88 DEG 30' 03" WEST, THROUGH A CENTRAL ANGLE OF 62 DEG 52' 46", AN ARC LENGTH OF 362.16 FEET TO A POINT ON THE NORTHWESTERLY LINE OF PARCEL NO. 1 OF THAT CERTAIN 330.00-FOOT WIDE STRIP OF LAND GRANTED IN FEE TO SOUTHERN CALIFORNIA EDISON COMPANY PER DEED RECORDED APRIL 17, 1973 IN BOOK 8163, PAGE 20 OF OFFICIAL RECORDS OF SAID COUNTY, AND SHOWN ON RECORD OF SURVEY FILED IN BOOK 109, PAGE 39 OF RECORDS OF SURVEY; THENCE ALONG SAID LINE, NORTH 44 DEG 44' 26" EAST, 180.94 FEET; THENCE NORTH 56 DEG 52' 12" WEST, 95.25 FEET; THENCE NORTH 33 DEG 41' 51" WEST, 86.40 FEET; THENCE NORTH 07 DEG 45' 10" WEST, 94.02 FEET; THENCE NORTH 12 DEG 58' 54" WEST, 100.12 FEET; THENCE SOUTH 74 DEG 17' 55" WEST, 26.94 FEET TO A POINT ON Resolution No. 04-282 Page 5 of 10 THE WEST LINE OF THE EAST 300.00 FEET OF THE NORTHEAST '/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 20 AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID WEST LINE, NORTH 00 DEG 04' 25" WEST, 395.40 FEET TO THE SOUTHEASTERLY LINE OF PARCEL NO. 2 OF THAT CERTAIN 330.00-FOOT WIDE STRIP OF LAND DESCRIBED HEREIN; THENCE ALONG SAID WEST LINE OF THE EAST '/2 OF THE SOUTHWEST'/4 OF SECTION 20; THENCE ALONG SAID WEST LINE SOUTH 00 DEG 09' 29" EAST, 428.93 FEET TO THE TRUE POINT OF BEGINNING. The above described parcels are shown on sheet A-3 attached herewith and by this reference made a part hereof. Resolution No. 04-282 Page 6 of 10 EXHIBIT "A"-3 ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO, 10 STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 7 / r r STgEET L(CHTS 4E • sTgrET Ties 91 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA NORTH �. /&100 Resolution No. 04-282 Page 7 of 10 Exhibit B To Description of the District Improvements Fiscal Year 2004/2005 LANDSCAPE MAINTENANCE DISTRICT NO. 10 (RANCHO ETIWANDA): Landscape Maintenance District No. 10 (LIVID #10) represents landscape sites throughout the Rancho Etiwanda Area. 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 sites maintained by the district consist of parkways, median islands, street trees and a neighborhood park. 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. 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 streets within the North Etiwanda area. Resolution No. 04-282 Page 8 of 10 Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 2004/2005) For Project: TR 16100 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLMD # 1 --- 2 --- --- --- SLMD # 2 12 --- --- --- --- Community Trail Turf Non -Turf Trees Landscaping DGSF SF SF EA LIVID # 1 --- --- 8,388 95 *Existing items installed with original project JR 16100) Assessment Units by District Parcel DU SLMD1 SLMD2 LMD1 --- --- 30 30 30 Resolution No. 04-282 Page 9 of 10 Exhibit C Proposed Annual Assessment Fiscal Year 2004/2005 LANDSCAPE MAINTENANCE DISTRICT NO. 10 (RANCHO ETIWANDA): The rate per assessment unit (A.U.) is $597.09 for the fiscal year 2004/05. The following table summarizes the assessment rate for Landscape Maintenance District No. 10 (Rancho Etiwanda): # of # of Rate Per Physical Assessment Assessment Assessment I nnri I ksn Tema I Initc Units Factor Units Unit RavPn11P Single Parcel 602 1.00 602 $597.09 $359,448.18 Family TOTAL $359,448.18 The Proposed Annual Assessment against the Property (TR16100) is: 30 Parcels x 1 A.U. Factor x $597.09 Rate Per A.U. _ $17,912.70 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2004/05. 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 Tvge Units Units Factor Units Unit Revenue Single Parcel 19,803 1.00 19,803 $17.77 $351,899.31 Family Multi- Unit 7,402 1.00 7,402 $17.77 $131,533.54 Family Commercial Acre 2,288.82 2.00 4,577.64 $17.77 $81,344.66 TOTAL The Proposed Annual Assessment against the Property (TRACT 16100) is: 30 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. _ $533.10 Annual Assessment $564,777.51 Resolution No. 04-282 Page 10 of 10 STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA): The rate per assessment unit (A.U.) is $33.32 for the fiscal year 2004/05. 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 Tvae Units Units Factor Units Unit Revenue Single Parcel 1804 1.00 1804 $33.32 $60,109.28 Family Comm/Ind Acre 5 2.00 10 $33.32 $333.20 TOTAL $60,442.48 The Proposed Annual Assessment against the Property (TR16100) is: 30 Parcels x 1 A.U. Factor x $33.32 Rate Per A.U. _ $999.60 Annual Assessment