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HomeMy WebLinkAbout04-142 - Resolutions RESOLUTION NO. 04-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 4 FOR TRACT MAP 16512 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. 4 , Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 4 (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 f orms a ntitled "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 Resolution No. 04-142 Page 2 of 13 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 XI IID 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 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. 04-142 Page 3 of 13 PASSED, APPROVED, AND ADOPTED this 5`h day of May 2004. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None r William J. Alexa n r, Mayo ATTEST: Debra J. Adams, Z C, City Clerk I, DEBRA J.ADAMS, CITY CLERK of 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 5`h day of May 2004. Executed this 6`h day of May 2004, at Rancho Cucamonga, California. X94 -� d Debra J. Adams, CXIC, City Clerk Resolution No. 04-142 Page 4 of 13 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: KB Home Greater Los Angeles, Inc. The legal description of the Property is: See attached Exhibit"A" (pages A-2 to A-5) The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. Resolution No. 04-142 Page 5 of 13 EXHIBIT "A" PARCEL NO. A: PARCEL1,AS PER PLAT ATTACHED TO CERTIFICATE OF COMPLIANCE NO. 572, FOR 16T LINE ADJUSTMENT RECORDED MARCH 18, 2004, INSTRUMENT NO. 20040186721, OFFICIAL RECORDS, BEING DESCRIBED THEREIN AS FOLLOWS: BEING ALL OF PARCEL B OF LOT LINE ADJUSTMENT NO. 568, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, RECORDED DECEMBER 26, 2003,AS INSTRUMENT NO, 20030947619, IN OFFICIAL RECORDS OF SAID COUNTY, TOGETHER WITH THAT PORTION OF PARCEL 1 OF PARCEL MAP 15349, IN SAID Cm AS SHOWN ON THE MAP THEREOF FILED IN BOOK 193, PAGES 42 THROUGH 44, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE, PARTICULARLY DESCRIBED AS PARCEL "AA" ALSO TOGETHER WITH THAT PORTION OF LOT 10 OF TRACT NO. 16157, IN SAID CITY AS SHOWN ON THE MAP THEREOF FILED IN BOOK 295, PAGES 3 THROUGH 6, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS PARCEL "BB" PARCEL "AX: A- 2 TR 16512 Resolution No. 04-142 Page 6 of 13 EXHIBIT "A" (CONTINUED) BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL B OF LOT LINE ADJUSTMENT NO. 568; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL B, SOUTH 78 DEG. 03'21"WEST 535.84 FEET TO THE MOST NORTHWESTERLY CORNER OF SAID PARCEL 1 OF PARCEL MAP 15349, SAID CORNER ALSO BEING THE NORTHERLY TERMINUS OF THAT CERTAIN CURVE IN THE WESTERLY LINE OF SAID PARCEL 1 OF PARCEL MAP 15349 AND SHOWN ON SAID PARCEL MAP 15349 AS HAVING A RADIUS OF 2934.00 FEET, A CENTRAL ANGLE OF 05 DEG. 13' 57, AN ARC LENGTH OF 267.95 FEET,TO WHICH SAID CORNER A RADIAL LINE BEARS SOUTH 74 DEG. 09' 09"WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 00 DEG. 11'45", AN ARC LENGTH OF 10.03 FEET, TO A POINT IN THE WESTERLY LINE OF SAID PARCEL 1 OF PARCEL MAP 15349, TO WHICH SAID POINT RADIAL LINE BEARS SOUTH 73 DEG. 57' 24"WEST; THENCE LEAVING SAID WESTERLY LINE, NORTH 78 DEG. 03'21"EAST 547.32 FEET TO A POINT IN THE EASTERLY LINE OF SAID PARCEL 1 OF PARCEL MAP 15349; THENCE ALONG SAID EASTERLY LINE NORTH 62 DEG. 33' 32"WEST 15.76 FEET TO THE POINT OF BEGINNING. PARCEL"BB": BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL B OF LOT LINE ADJUSTMENT NO. 568; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL B, NORTH 11 DEG. 56'39"WEST 328.82 FEET TO THE MOST NORTHWESTERLY CORNER OF SAID LOT 10 OF TRACT NO. 16157; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 10 SOUTH 56 DEG. 56' 39" EAST 62.77 FEET TO A POINT IN SAID NORTHERLY LINE, SAID POINT ALSO BEING THE MOST NORTHWESTERLY TERMINUS OF THAT CERTAIN LINE SHOWN ON SAID TRACT NO. 16157 AS NORTH 62 DEG. 33'32"WEST 442.52 FEET; THENCE ALONG SAID LINE SOUTH 62 DEG. 33'32" EAST 442.52 FEET; THENCE SOUTH 11 DEG. 56' 39" EAST 591.61 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 10; THENCE ALONG SAID SOUTHERLY LINE SOUTH 78 DEG. 03'21" WEST 162.16 FEET TO THE MOST SOUTHWESTERLY CORNER OF SAID LOT 10; THENCE ALONG THE WESTERLY LINE OF SAID LOT 10 THE FOLLOWING COURSES: NORTH 11 DEG. 56' 39"WEST 430.97 FEET; THENCE SOUTH 78 DEG. 02' 54' WEST 33.00 FEET, THENCE NORTH 62 DEG. 33' 32"WEST 247.44 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM ALL OIL,GAS, MINERALS, HYDROCARBON AND KINDRED SUBSTANCES LYING BELOW A DEPTH OF 500 FEET, BUT WITHOUT THE RIGHT OF SURFACE ENTRY,AS GRANTED TO WESTERN SUPPLY CORP., BY DEED RECORDED SEPTEMBER 17, 1979, IN BOOK 9772, PAGE 1262, OFFICIAL RECORDS. PARCEL NO. B: PARCEL 3 OF PARCEL MAP NO. 15349, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 193 OF PARCEL MAPS, PAGE(S) 42 THROUGH 49, RECORDS OF SAID COUNTY. EXCEPT THEREFROM ALL OIL, GAS, MINERALS, HYDROCARBON AND KINDRED SUBSTANCES LYING BELOW A DEPTH OF 500 FEET, BUT WITHOUT THE RIGHT OF SURFACE ENTRY, AS GRANTED TO WESTERN SUPPLY CORP., BY DEED RECORDED SEPTEMBER 17, 1979, IN BOOK 9772, PAGE 1262, OFFICIAL RECORDS. PARCEL NO. C: PARCEL 3 AS PER PLAT ATTACHED TO CERTIFICATE OF COMPLIANCE NO. S72, FOR LOT LINE ADJUSTMENT RECORDED MARCH 18, 2004, INSTRUMENT NO. 20040186721, OFFICIAL A - 3 TR 16512 Resolution No. 04-142 Page 7 of 13 EXHIBIT "A" (CONTINUED) RECORDS, BEING DESCRIBED THEREIN AS FOLLOWS: BEING ALL OF PARCEL 2 OF PARCEL MAP 15349, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON THE MAP THEREOF FILED IN BOOK 193, PAGES 42 THROUGH 44, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL 2 OF PARCEL MAP 15349, MORE PARTICULARLY DESCRIBED AS PARCEL "CC": PARCEL"CC": BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID PARCEL 2 OF PARCEL MAP 15349; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 2 SOUTH 21 DEG. 04'48"EAST 27.86 FEET TO A POINT IN SAID WESTERLY LINE; THENCE LEAVING SAID LINE NORTH 58 DEG. 56'38" EAST 69.40 FEET; THENCE NORTH 11 DEG. 56' 39"WEST 4.79 FEET TO A POINT IN THE NORTHERLY LINE OF SAID PARCEL 2; THENCE ALONG THE SAID LINE SOUTH 78 DEG. 03'21" WEST 70.00 FEET TO THE POINT OF BEGINNING. BEING ALL OF PARCEL B OF LOT LINE ADJUSTMENT NO. 568, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, RECORDED DECEMBER 26, 2003,AS INSTRUMENT NO. 20030947619, IN OFFICIAL RECORDS OF SAID COUNTY, TOGETHER WITH THAT PORTION OF PARCEL 1 OF PARCEL MAP 15349, IN SAID CITY AS SHOWN ON THE MAP THEREOF FILED IN BOOK 193, PAGES 42 THROUGH 44, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS PARCEL "AA" ALSO TOGETHER WITH THAT PORTION OF LOT 10 OF TRACT NO. 16157, IN SAID CITY AS SHOWN ON THE MAP THEREOF FILED IN BOOK 296, PAGES 3 THROUGH 6, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS PARCEL "BB" PARCEL"AA": BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL B OF LOT LINE ADJUSTMENT NO. 568; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 6, SOUTH 78 DEG. 03' 21" WEST 535.84 FEET TO THE MOST NORTHWESTERLY CORNER OF SAID PARCEL 1 OF PARCEL MAP 15349, SAID CORNER ALSO BEING THE NORTHERLY TERMINUS OF THAT CERTAIN CURVE IN THE WESTERLY LINE OF SAID PARCEL 1 OF PARCEL MAP 15349 AND SHOWN ON SAID PARCEL MAP 15349 AS HAVING A RADIUS OF 2934.00 FEET, A CENTRAL ANGLE OF 05 DEG. 13' 57, AN ARC LENGTH OF 267.95 FEET, TO WHICH SAID CORNER A RADIAL LINE BEARS SOUTH 74 DEG. 09'09" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00 DEG. 11' 4T,AN ARC LENGTH OF 10.03 FEET, TO A POINT IN THE WESTERLY LINE OF SAID PARCEL 1 OF PARCEL MAP 15349, TO WHICH SAID POINT A RADIAL LINE BEARS SOUTH 73 DEG. 5724" WEST; THENCE LEAVING SAID WESTERLY LINE, NORTH 78 DEG. 03'21" EAST 547.32 FEET TO A POINT IN THE EASTERLY LINE OF SAID PARCEL 1 OF PARCEL MAP 15349; THENCE ALONG SAID EASTERLY LINE NORTH 62 DEG. 33' 32" WEST 15.76 FEET TO THE POINT OF BEGINNING. PARCEL "BB": A- 4 TR 16512 Resolution No. 04-142 Page 8 of 13 - EXHIBIT "A" (CONTINUED) BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL B OF LOT LINE ADJUSTMENT NO. 568; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL B, NORTH 11 DEG.56'39"WEST 328.82 FEET TO THE MOST NORTHWESTERLY CORNER OF SAID LOT 10 OF TRACT NO. 16157; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 10 SOUTH 56 DEG. 56' 39"EAST 62.77 FEET TO A POINT IN SAID NORTHERLY LINE, SAID POINT ALSO BEING THE MOST NORTHWESTERLY TERMINUS OF THAT CERTAIN LINE SHOWN ON SAID TRACT NO. 16157 AS NORTH 62 DEG. 33'32" WEST 442.52 FEET; THENCE ALONG SAID LINE SOUTH 62 DEG. 33' 32 n EAST 442.52 FEET; THENCE SOUTH 11 DEG. 56' 39" EAST 591.61 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 10; THENCE ALONG SAID SOUTHERLY LINE SOUTH 78 DEG. 03' 21" WEST 162.16 FEET TO THE MOST SOUTHWESTERLY CORNER OF SAID LOT 10; THENCE ALONG THE WESTERLY LINE OF SAID LOT 10 THE FOLLOWING COURSES: NORTH 11 DEG. 56' 39" WEST 430.97 FEET; THENCE SOUTH 78 DEG. 02'54" WEST 33.00 FEET; THENCE NORTH 62 DEG. 33' 32"WEST 247.44 FEET TO THE POINT OF BEGINNING. A - 5 TR 16512 Resolution No. 04-142 Page 9 of 13 EXHIBIT"A"-2 ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 4 -- Q❑ ! a.w 10 arra I 7 LU i � j ussoasoa¢srt 1 Iy raa ar�.rr/u/w�romr�urwen i�/� I❑ 1 ❑Ut✓a I ✓ RY 1=_--------- _____ -------- - �1 TS ST,eEEkTj../�;f/TS EX(STINCr STFttT TPEE9 Ae NEW CITY OF RANCHO CUCAMONGA NORTH COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA TR•165/7- Resolution No. 04-142 Page 10 of 13 Exhibit B To Description of the District Improvements Fiscal Year 2003/2004 LANDSCAPE MAINTENANCE DISTRICT NO. 4 ((TERRA VISTA PLANNED COMMUNITY) Landscape Maintenance District No. 4 (LMD #4) represents landscape sites throughout the Terra Vista Planned Community. These sites are considered to be 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 landscape sites in Terra Vista that are maintained by the district consist of parkways, median islands, street trees, paseos and parks. The 36.23 acres of park consist of Coyote Canyon Park, Milliken Park and West Greenway 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. 4 (TERRA VISTA PLANNED COMMUNITY) Street Light Maintenance District No.4(SLD#4)is used to fund the maintenance and/or installation of street lights and traffic signals located within the Terra Vista Planned Community. Generally,this area encompasses the residential area of the City east of Haven Avenue,south of Base Line Road, north of Foothill Boulevard and west of Rochester Avenue. It has been determined that the facilities in this district benefit the properties within this area of the City. This sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets within the Terra Vista Planned Community. Resolution No. 04-142 Page 11 of 13 Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 2003/2004) For Project: TRACT 16512 Number of Lamps Street Lights 5800L 9500L 16,000L 22,0001- 27,500L SLD # 1 --- 5* 5* --- --- SLD #4 --- --- --- --- --- *Existing items installed with original project Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LMD #4 --- --- --- 40 *Existing items installed with original project Assessment Units by District Parcel DU or Acres S1 S4 L4 N/A 168 D.U. 168 84 168 Resolution No. 04-142 Page 12 of 13 Exhibit C Proposed Annual Assessment Fiscal Year 2003/2004 LANDSCAPE MAINTENANCE DISTRICT NOA (TERRA VISTA PLANNED COMMUNITY): The rate per assessment unit(A.U.)will not be increased in fiscal year 2003/04. The following table summarizes the assessment rate for Landscape Maintenance District No. 4 (Terra Vista Planned Community): # of # of Rate Per Physical Assessment Assessment Assessment Land Use Type Units Units Factor Units Unit Revenue Single Parcel 2652 1.0 2652 $252.50 $669,630.00 Family Multi-Family Unit 2769 1.0 2769 $222.00 $614,718.00 Commercial Acre 213.99 1.0 213.99 $382.99 $81,956.03 TOTAL $1,467,994.60 The Proposed Annual Assessment against the Property(TRACT 16512) is: 168 Units x 1.0 A.U. Factor x $222.00 Rate Per A.U. _ $37,296.00 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2003/04. 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 Type 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 (TRACT 16512) is: 168 Units x 1 A.U. Factor x $17.77 Rate Per A.U. _ $2,985.36 Annual Assessment Resolution No. 04-142 Page 13 of 13 Exhibit "C" continued STREET LIGHT MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMMUNITY): The rate per assessment unit (A.U.) is $28.96 for the fiscal year 2003/04. The following table summarizes the assessment rate for Street Light Maintenance District No. 4 (Terra Vista Planned Community): #of #of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Multi- Unit 2769 .05 2769 $28.96 $40,095.12 Family Single Parcel 2650 1.00 2650 $28.96 $76,744.00 Family Commercial Acre 213.99 2.00 427.98 $28.96 $12,394.30 TOTAL $129,233.42 The Proposed Annual Assessment against the Property (Tract 16512) is: 168 Units x 0.5 A.U. Factor x $28.96 Rate Per A.U. _ $2,432.64 Annual Assessment