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HomeMy WebLinkAbout04-199 - Resolutions RESOLUTION NO. 04-199 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRCDR00-41 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 Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (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. 04-199 Page 2 of 11 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 amounts not to exceed the amounts set forth in Exhibit B hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES 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 I Resolution No. 04-199 Page 3 of 11 PASSED, APPROVED, AND ADOPTED this 16`h day of June 2004. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None 4 `. �Z William J. Al xander, Mayor ATTEST: Db J. Ada 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 16'h day of June 2004. Executed this 17`h day of June 2004, at Rancho Cucamonga, California. Debra J. Ada s MC, City Clerk Resolution No. 04-199 Page 4 of 11 Exhibit A To Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: Cabot Industrial Properties, L.P., A Delaware Limited Partnership Title to said estate or interest at the date hereof is vested in: The legal description of the Properties are: (See attached Exhibits) The above described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. Resolution No. 04-199 Page 5 of 11 EXI IT 'A' LEGN cr /Pn N LOT MERCER NO. 578 (CON7/NUED FROM EXH/B/7 A' - SHEET 3 OF 4) COT I (COMAVED) TOGETHER W/TN.• THE WESTERLY 772.65 FEET OF THE NORIHEAST ONE OUARTER OF THE SO"W" ONE-OWMER Or SEC&W 14, TOWNSH/P I SOUn4 RANGE 7 WEST SW E7ERNARD/NO MER/DAW,, AS PER AMP OF CLM.AAAAA4G1 LAND$ N THE CDY Or R4AC7p C=WAG4 STATE Or NV ME OCAUMAYKFT7CE PACE 9 Or OF THE COU £CO AS M4P RECMM /# MW R OF S&D COUANry T7/EXeDDr R/EROMV 7W HORN 240 FEET OF IW #M 400 FEET TOMMER W/T}j• 7NE M7RM 240 FEET pF 7NE WEST 300 FEET pF THE NORTH 1/?. OF THE Al"NEAST 1/4 OF THE SOUNFAST.1/4 OF SECn 14 . THE COY FOr RANCM0�9NGE LM7 WEST, SW SEMMMOA40 ME77/OWA( /N (M.ANONG4 STATE OF CW-fVANK ACG10/P AG PAGE 5, 01F CMaAD£ AS PER AIAP RECOR0E0 AV 81710K 4, 9EAVG MEAS Wor SVD COUNTY, SVD *WN 240 FEET 77/E CDVTERL/NE OF 6TH STREET. SURVEYORLA,yp UM uoeote:04/26/04 L•\2429\2429LLA/.dwq AREO S or. &L y O �. 1J40k� ,( �- m NQ. 5750 V!A r l7Ma11Et7Pl1 r11 LA�o si — �f' * f1Q+.12/31/05 # lseav WALEY MV AHM W L AEIV 3 REM. EXPO DEC31, 2pp5 9�OF CAIS Resolution No. 04-199 Page 6 of 11 �rarAofll �i4� LE AT L1Fsram LOT MERCER NQ _ 578 LEGAL O CR/PT/ON.• QVEW' PARCEL) LOT 1: THE EAST 1/2 OF LOTS 18 AND 2J, SECT/ON 14, R7WNSN/p I SOIAI� 11 A 7 WEST, SAN MMR t DRyO M WDjW W THE MY OF RANCHO CUCAMONL:q, COUNTY OF SW BE MMAO, STATE OF CW-*VRM4 ACCOWD/NC TO THE ALAP OF THE arAMONGA LANDS, AS P 7N AMP RECOAXV hV fikWR' g PACf(SJ 9, Or MAPS/N IW OFFICE RECORDER OF SVO NIY. EXCEPT 'NE SOUTH 500 FEET Or SW LOT 21 ALSO EXCEPT 7MT PORTION COWYED 70 THE SW 8ERNAROWO (COY/N7Y)8000 COWZM& V SnWr BY THE DEED RECORDED .RKY 17, 1962 IN BOOK 5734 PACE 804, OFFA:M RECOROS IN 7W 0rrXE OF THE L10UN7Y RECORDER OF SVD COUMY, AA FIKLY OESCR/BEO AS LYING kTMN A SMR ! OF LAND !00,00 FEET WIDE BETAC 50.00 FEET ON EACH SME OF, MEASURED AT RWHT ANCLES TO THE FixLOWING DESCR/BED.UNE. . BELWN/AA;AT A POINT CVV 7NE CENTER UNE CF 6TH STREET (6400 FEET WIDE) DISTANT 647.SJ FEET ALONG SND CENTER LW£ SOUTH B9'J613'EAST, FROMTHE INTERSECAUM OF S74D CENYTR LWE OF TOWER i www (8000 FEET WLDa THENCE SOUTH 00709'EAST, 2492.01 FEET,• 7HEW-r S0117HW£S7ERLY 119.87 FEET ALONG A TANGENT CURVE CVNC4kE TO THE WEST HAVAVG A )24OW OF 1000.00 FEET AND A 4MffA L ANGLE OF 832 INN TO A POWT W 7HE NOR7N LINE OF SW B£RAIARD/A10 AVENUE (66.00 FEET WIDE. THENCE SOUTH 6'4455N WEST, JJ.20 FEET TO A POINT OF TERML4MMV /N TH£ CMT£R UNE OF SW BER/WROyNp AVENIL� SVD PO9VT E7f/A/G WMT 66670 FEET SOUTH arJ4T9'EAST FROM THE CENTER UNE WERSECT/DV Of SAN BERK4RDAV0 AVENUE W7)H 7UAVVER AVENUE. ALSO EXCEPAMG THEREFROM TTLAT AaRAON CONDEMNED TO THE SW BfRAbiRDINO L�UN7Y FL000 CONTROL DI57R/CT BY MM ORDER OF CONDEMNARON RECORDED MARCH 15, 1992, AS /NSTRUMENr A/O. 82-05045Q OFF7CW RECORDS (COAMNUED ON EXH/BN' 2" - SHEET 4 OF 4) TJ/FP.F7ESF�A�/n� - Resolution No. 04-199 Page 7 of 11 EX�ae�r A-2 ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO.3B STREET LIGHTING MAINTENANCE DISTRICT NOS. i AND 6 -� _ CT AVL - - - - - _ A_ L, SHT i I I T �. I I I - _ r TRADEMARK ST STiT / /Ts 7 Sd fry CITY OF RANCHO CUCAMONGA NORTH COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA "�® Resolution No. 04-199 Page 8 of 11 Exhibit B To Description of the District Improvements Fiscal Year 2003/2004 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL) Landscape Maintenance District No. 3B (LIVID #36) represents landscape sites throughout the Commercial/Industrial Maintenance District. 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 landscape sites that are maintained by this district consist of median islands, parkways, street trees, entry monuments, the landscaping within the Metrolink Station and 22.87 acres associated with the Adult Sports Park (not including the stadium, parking lots or the maintenance building). 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. 6 (COMMERCIAL/INDUSTRIAL) Street Light Maintenance District No. 6 (SLD #6) is used to fund the maintenance and/or installation of street lights and traffic signals located on commercial and industrial streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses the industrial area of the City south of Foothill Boulevard. 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 industrial or commercial streets and traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill Boulevard. Resolution No. 04-199 Page 9 of 11 Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 2003/2004) For Project: DRCDR00-41 Number of Lamps Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L SLD # 1 --- 7 --- --- SLD # 6 --- --- --- --- --- Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LIVID # 3B --- --- 50 'Existing items installed with original project Assessment Units by District Parcel Acres S1 S6 L 3B 1 40.55 81.10 40.55 40.55 Resolution No. 04-199 Page 10 of 11 Exhibit C Proposed Annual Assessment Fiscal Year 2003/2004 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2003/04. The following table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial/Industrial): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Tynp Units Units Factor Units Unit R v n i Comm/Ind Acre 2186.85 1.0 2186.85 $352.80 $771,520.68 The Proposed Annual Assessment against the Property (DRCDR00-41) is: 40.55 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $14,306.04 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 Tyne Units Unit.,; Fa for I Initc Unit Revenue Single Parcel 21,151 1.00 21,151 $17.77 $375,853.27 Family Multi-Family Unit 8,540 1.00 8,540 $17.77 $151,755.80 Commercial Acre 2,380.36 2.00 4,760.72 $17.77 $84,597.99 TOTAL $612,207.06 The Proposed Annual Assessment against the Property (DRCDR00-41) is: 40.55 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. _ $1,441.15 Annual Assessment Resolution No. 04-199 Page 11 of 11 Exhibit "C" continued STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A.U.) is $51.40 for the Fiscal Year 2003/04. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial/Industrial): # of # of Rate Per Physical Physical Assessment Assessment Assessment and Use Unit Tvn_e Units Units Factor Units Unit Revenue Comm/Ind Acre 2,065.67 1.00 2,090.72 $51.40 $107,463.01 The Proposed Annual Assessment against the Property (DRCDR00-41) is: 4055 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. _ $2,084.27 Annual Assessment