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HomeMy WebLinkAbout05-143 - Resolutions RESOLUTION NO. 05-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 16567 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape 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. 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"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 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 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 X1 11D")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 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 Resolution No. 05-143 Page 2 of 13 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: 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 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. 05-143 Page 3 of 13 PASSED, APPROVED,AND ADOPTED this 20'"day of April 2005. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None William J. Al ander, Ma or ATTEST: �4 Lj Kathryyn L. ott, CMC, Deputy City Clerk I, KATHRYN L. SCOTT, DEPUTY 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 201" day of April 2005. Executed this 21" day of April 2005, at Rancho Cucamonga, California. C AT& Kat ryn L. S ott, CMC, Deputy City Clerk Resolution No. 05-143 Page 4 of 13 Exhibit A To Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: WL ROUTE 66 ASSOCIATES, LLC, A DELAWARE LIMITED LIABILITY COMPANY The legal description of the Properties are: (SEE ATTACHED DESCRIPTION) The above described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. Resolution No. 05-143 Page 5 of 13 DESCRIPTION PARCEL 1: LOTS 4 AND 5 AND THE EAST 2.00 FEET OF LOT 6 OF TRACT NO. 2076, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 30, PAGE 29 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING THE SOUTH 20.00 FEET FOR HIGHWAY PURPOSES AS GRANTED TO THE STATE O1' CALIFORNIA BY DEED RECORDED JANUARY 25, 1929 IN BOOK 459, PAGE 306, OFFICIAL RECORDS. APN 0205-141-09 5 0208141-10 PARCEL 2: THE SOUTH 170.00 FEET OF THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON THE MAP OF CUCAMONGA LANDS, AS SHOWN BY MAP ON FILE IN BOOK 4, PAGE 9 OF MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 3; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION, 1320.00 FEET; THENCE NORTH 0° 02' WEST, 180.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF SAID SECTION 3, TO A LINE WHICH IS PARALLEL WITH THE EAST LINE OF SAID SECTION 3, AND DISTANT THEREFROM 1988.55 FEET WEST, MEASURED AT RIGHT ANGLES FROM THE EAST LINE OF SAID SECTION 3; THENCE NORTHERLY ALONG SAID PARALLEL LINE TO THE SOUTH LINE OF SAN BERNARDINO ROAD; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID SAN BERNARDINO ROAD TO THE WEST LINE OF THE EASTERLY 1320.00 FEET OF SAID SECTION 3; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID SECTION TO THE POINT OF BEGINNING. EXCEPT THE WEST 334.27 FEET THEREOF. APN: 0208-141-35 PARCEL 4: THE WEST 334 .27 FEET OF THE SOUTH 170.00 FEET OF THE FOLLOWING DESCRIBED PROPERTY: Resolution No. 05-143 Page 6 of 13 DESCRIPTION ALL THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA, AS SHOWN ON THE MAP OF CUCAMONGA LANDS, AS SHOWN BY MAP ON FILE IN BOOK 4, PAGE 9 OF MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 3; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION, 1320.00 FEET; THENCE NORTH 0° 02' WEST 180.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF SAID SECTION 3, TO A LINE WHICH .IS PARALLEL WITH THE EAST LINE OF SAID SECTION 3; AND DISTANT THEREFROM 1988.55 FEET WEST, MEASURED AT RIGHT ANGLES FROM THE EAST LINE OF SAID SECTION 3; THENCE NORTHERLY ALONG SAID PARALLEL LINE TO THE SOUTH LINE OF SAN 13ERNAPDINO ROAD; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID SAN BERNARDINO ROAD TO THE WEST LINE OF EASTERLY 1320.00 FEET OF SAID SECTION 3; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID SECTION TO THE POINT OF BEGINNING. EXCEPTING THE EAST 134.27 FEET. APN: 0208-141-33 PARCEL 5: THE SOUTH 100.00 FEET OF THE WEST 330.00 FEET OF THE FOLLOWING DESCRIBED PROPERTY: ALL THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 1 SOQTTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: C014MENCING AT THE SOUTHEAST CORNER OF SAID SECTION 3; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION, 1320.00 FEET; THENCE NORTH 0° 02' WEST, 180.00 FEET TO THE TRUE POINT OF BEGINNIING; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF SAID SECTION 3, TO A LINE WHICH IS PARALLEL WITH THE EAST LINE OF SAID SECTION 3, AND DISTANT THERLEFROM 1988.55 FEET WEST, MEASURED AT RIGHT ANGLES FROM THE EAST LINE OF SAID SECTION 3; THENCE NORTHERLY ALONG SAID PARALLEL LINE TO THE SOUTH LINE OF SAM BERNARDINO ROAD; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID SAN BERNARDINO ROAD TO THE WEST LINE OF THE EASTERLY 1320.00 FEET OF SAID SECTION 3; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID SECTION TO THE POINT OF BEGINNING. EXCEPT THE SOUTH 170.00 FEET, APN: 0208-141-37 PARCEL 6: THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERFARDINO, STATE OF CALIFORNIA, AS SHOWN ON MAP OF CUCAMONGA LANDS„ AS SHOWN BY Resolution No. 05-143 Page 7 of 13 DESCRIPTION MAP ON FILE IN BOOK 4, PAGE 9 OF MAPS, RECORDS OF SAID COUNTYMORE PARTICULARLY DESCRIBED AS FOLLOWS: , COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 3; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION, 1320.00 FEET THENCE NORTH 0° 02' WEST 350.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF SAID SECTION 3, TO A LINE WHICH IS PARALLEL WITH THE EAST LINE OF SAID SECTION 3, AND DISTANT THEREFROM 19BB.55 FEET WEST, MEASURED AT RIGHT ANGLES FROM THE EAST LINE OF SAID SECTION 3; THENCE NORTHERLY ALONG SAID PARALLEL LINE TO THE SOUTH LINE OF SAN BERNARDINO ROAD; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID SAN BERNARDINO ROAD TO THE WEST LINE OF THE EASTERLY 1320.00 FEET OF SAID SECTION 3; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID SECTION TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHERLY 100.00 FEET OF THE WESTERLY 330.00 FEET THEREOF, BEING MORE PARTICULARLY DESCRIBED IN THE DEED RECORDED IN BOOR 4259 PAGE 295, OFFICIAL RECORDS. APV: 0208-141-38 PARCEL 7: THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 1 SOUTH, RANGE 7 WEST SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESIGNATED AS "J. SMITH" ON THE MAP OF CUCAMONGA LANDS RECORDED IN BOOK 4, PAGE 9 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF FOOTHILL BOULEVARD, 1100.64 FEET WEST OF THE CENTER LINE OF ARCHIBALD AVENUE WHICH IS THE EAST LINE OF SAID SECTION 3; THENCE WESTERLY ALONG THE NORTH LINE OF FOOTHILL BOULEVARD, 219.36 FEET TO THE SOUTHEAST CORNER OF LOT 1 OF TRACT NO. 2076, AS SHOWN BY MAP ON FILE IN BOOK 30, PAGE 29 OF MAPS, RECORDS OF SAID COUNTY, BEING THE TRUE POINT OF BEGINNING; THENCE NORTH ALONG THE EAST LINE OF SAID LOT 1 AND ITS NORTHERLY EXTENSION 654 .00 FEET, MORE OR LESS, TO A POINT 33.02 FEET SOUTH OF THE CENTER LINE OF SAN BERNARDINO ROAD; THENCE SOUTH 87" 48. 50" EAST 'RECORD SOUTH II7-1112 DEGREES EAST) PARALLEL WITH THE CENTER LINE OF SAN BERNARDINO ROAD, 219.48 FEET TO A POINT; THENCE SOUTH 0" 01' 30" EAST, 487.62 FEET TO A POINT 140. 00 FEET NORTH ©F THE NORTH LINE OF FOOTHILL BOULEVARD; THENCE NORTH 89" 59' 30" WEST, 165.00 FEET; THENCE SOUTH 0° 01' 30" EAST, 140.00 FEET TO THE NORTH LINE OF FOOTHILL BOULEVARD; THENCE NORTH 89" 59' 30" WEST ALONG SAID NORTH LINE OF FOOTHILL BOULEVARD 54.37 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION LYING EASTERLY OF THE EASTERLY LINE OF THAT CERTAIN PROPERTY CONVEYED TO V. J. LONG CORPORATION, A CALIFORNIA CORPORATION, BY DEED RECORDED JULY 16, 1964 IN BOOK 6191, PAGE 515, OFFICIAL RECORDS. APN: 0208-151-20- 0208-151-21 0208-151-23 0208-1S1-22 Resolution No. 05-143 Page 8 of 13 DESCRIPTION PARCEL 8: LOT 1 OF TRACT NO. 2076, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 30, PAGE 29 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THE SOUTH 20.00 FEET FOR HIGHWAY PURPOSES AS GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED JANUARY 25, 1929 IN BOOK 459, PAGE 306, OFFICIAL RECORDS. AIN: 0208-141-06 Resolution No. 05-143 Page 9 of 13 JV ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. I STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 2 CHURCH ST I-IEMLOCK ST o � � Q s m ti l � � o SAN BERNARDIN g Q Q Zt /? TX14CT 1`�54�7 x FOOTHILL BLVD Q � � e J � J (n 2 g v ` � Q SRE�r /GHjs Aa EA. %9rwr wi S 33 E/}. A CITY OF RANCHO CUCAMONGA NORTH COUNTY OF SAN SERNARDINO RTATF nFrA r rVnnrvrA TR ®G o"/7 Resolution No. 05-143 Page 10 of 13 Exhibit B To Description of the District Improvements Fiscal Year 2004/2005 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): Landscape Maintenance District No. 1 (LIVID#1) represents 23.63 acres of landscape area, 41.88 acres of parks and 16.66 acres of community trails that are located at various sites throughout the City. These sites are not considered to be associated with any one particular area within the City, but rather benefit the entire City on a broader scale. As such, the parcels within this district do not represent a distinct district area as do the City's remaining LMD's. Typically parcels within this district have been annexed upon development The various sites maintained by the district consist of parkways, median islands, paseos, street trees, entry monuments, community trails and parks. The 41.88 acres of parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park and the Rancho Cucamonga Senior Center. 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. 2 (LOCAL STREETS): Street Light Maintenance District No. 2(SLD#2)is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets throughout the City but excluding those areas already in a local maintenance district. Generally,this area encompasses the residential area of the City west of Haven Avenue. It has been determined that the facilities in this district benefit 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 generally west of Haven Avenue. Resolution No. 05-143 Page 11 of 13 Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 2004/2005) For Project: Tract 16567 Number of Lamps Street Lights 5800L 9500L 16,0001- 22,0001- 27,500L SLMD # 1 --- 7 --- --- --- SLMD #2 5 --- --- --- --- Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LMD # 1 --- --- 33 'Existing items installed with original project Assessment Units by District D.U. S1 S7 L10 SFR 18 18 18 18 Multi-Family 138 138 138 69 Resolution No. 05-143 Page 12 of 13 Exhibit C Proposed Annual Assessment Fiscal Year 2004/2005 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2004/05. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City): # of Rate Per #of Physical Assessment Assessment Assessment Land Use Type Units Units Factor Units Unit Revenue Single Parcel 757 1.0 7951 $92.21 $733,161.71 Family Multi- Units 7091 0.5 3570 $92.21 $329,189.70 Family Comm/Ind. Acre 2 1.0 2 $92.21 $184.42 TOTAL $1,062,535.83 The Proposed Annual Assessment against the Property (TR 16567) is: 18 SFR x 1.0 A.U. Factor x $92.21 Rate Per A.U. _ $1,659.78 Annual Assessment 138 Multi-Family x 0.5 A.U. Factor x $92.21 Rate Per A.U. _ $6,362.49 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 Type Units Units Factor Units 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 (Tract 16567) is: 18 SFR x 1.0 A.U. Factor x $17.77 Rate Per A.U. _ $319.86 Annual Assessment 138 Multi-Family x 0.5 A.U. Factor x $17.77 Rate Per A.U. =$2,452.26 Annual Assessment Resolution NO. 05-143 Page 13 of 13 Exhibit "C" continued STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS): The rate per assessment unit (A.U.) is $39.97 for the fiscal year 2004/05. The following table summarizes the assessment rate for Street Light Maintenance District No. 2 (Local Streets): #of #of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Parcel 6050 1.00 6050 $39.97 $241,818.50 Family Multi Family Unit 24 1.00 919 $39.97 $36,732.43 Commercial Acre 19.05 2.00 19.05 $39.97 $1,522.86 Total $280,073.79 The Proposed Annual Assessment against the Property (Tract 16567) is: 18 SFR x 1.0 A.U. Factor x $39.97 Rate Per A.U. _ $719.46 Annual Assessment 138 Multi-Family x 1.0 A.U. Factor x $39.97 Rate Per A.U. _ $5,515.86 Annual Assessment