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Home My WebLink About13-074 - Resolutions RESOLUTION NO. 13-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA) FOR TRACT 18466 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 (the "Act', said special maintenance district known and designated as Landscape Maintenance District No. 9 (Lower Etiwanda) (the "District'); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and 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 Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; 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 District 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 Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; 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 Act and/or Article XIII D 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, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District 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 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 the Territory to the District, 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 C. SECTION 4: All future proceedings of the District, 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. 13-074 - Page 2 of 6 PASSED, APPROVED, AND ADOPTED this 5'" day of June 2013. AYES: Alexander, Michael, Spagnolo, Steinorth, Williams NOES: None ABSENT: None ABSTAINED: None . Y Wz L. a nis ichael, MayFf ATTEST: Tice C. Reynolds, CVy Clerk I, JANICE C. REYNOLDS, 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 5`" day of June 2013. Executed this 6t' day of June 2013, at Rancho Cucamonga, California. ice C. Reynolds, City ClOrk Resolution No. 13-074 - Page 3 of 6 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: LENNAR HOMES OF CALIFORNIA, INC. 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: LOT 4, BLOCK "Y- , ETIWANDA COLONY LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2, PAGE 24 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SADI COUNTY. EXCEPTING THEREFROM ALL THAT PORTION OF SAID LAND DESCRIBED IN FINAL ORDER OF CONDEMNATION NO. 158686, RECORDED NOVEMBER 1, 1974, IN BOOK 8549, PAGE 720, OFFICIAL RECORDS, AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF ETIWANDA AVENUE, 80 FEET WIDE, WITH THE SOUTH LINE OF MILLER AVENUE, 66 FEET WIDE; THENCE ALONG SAID SOUTH LINE NORTH 890 53' 18" EAST, 487.65 FEET; THENCE SOUTH 86° 08' 50" WEST, 300.46 FEET, THENCE SOUTH 890 53' 18" WEST, 66.69 FEET; THENCE SOUTH 440 47' 32" WEST, 145.31 FEET; THENCE SOUTH 0° 33' 24" WEST, 76.22 FEET; THENCE SOUTH 40 24' 29" EAST, 297.77 FEET TO SAID EAST LINE; THENCE ALONG SAID EAST LINE NORTH 00 33' 24" EAST, 495.61 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THERE FROM ALL THAT PORTION OF SAID LAND DESCRIBED IN THE DEED TO THE CITY OF RANCHO CUCAMONGA, A MUNICIPAL CORPORATION IN THE GRANT DEED RECORDED APRIL 11, 2007 AS INSTRUMENT NO. 2007-0220452 OF OFFICIAL RECORDS. Assessor's Parcels Numbers of the Property: 1100-031-01 Resolution No. 13-074 - Page 4 of 6 Exhibit B Description of the District Improvements Fiscal Year 2012/2013 Landscape Maintenance District No. 9 (Lower Etiwanda): Landscape Maintenance District No. 9 (Lower Etiwanda) (the "Maintenance District') represents landscape sites throughout the Lower Etiwanda Area. The various sites maintained by the district consist of parkways, median islands and street trees. Proposed additions to the Improvements for Project Tract 18466: RIVERWASH COBBLE WITH BORDER 2,400 SF DECOMPOSED GRANITE SURFACE 960 SF SHRUB PLANTING BED 6,575 SF CONCRETE WALKWAYS (NOT SIDEWALKS) 670 SF Resolution No. 13-074 - Page 5 of 6 Exhibit C Proposed Annual Assessment Fiscal Year 2012/2013 Landscape Maintenance District No. 9 (Lower Etiwanda): The rate per Equivalent Dwelling Unit (EDU) is $187.00 for the fiscal year 2011/2012. The following table summarizes the assessment rate for Landscape Maintenance District No. 9 (Lower Etiwanda) for Tract 18466: EDU Rate per Land Use Basis Factor* EDU* Single Family Unit 1.00 $187.00 Multi-Family Unit 1.00 187.00 Commercial/ Industrial Acre 2.00 187.00 Vacant Acre 0.25 187.00 *EDU means Equivalent Dwelling Unit. The proposed annual assessment for the property described in Exhibit A is as follows: 43 Parcels x 1 EDU Factor x $187.00 Rate Per EDU = $ 8,041.00 Annual Assessment *Commencing with Fiscal Year 2001/02, the amount of the assessment for the District is proposed to increase each year, based upon the Consumer Price Index (CPI), All Urban Consumers, for the Los Angeles-Anaheim-San Bernardino Area, as determined by the United State Department of Labor, Bureau of Labor Statistics, or its successor. The Engineer shall compute the percentage difference between the CP for March of each year and the CPI for the previous March, and shall then adjust the assessment by an amount not to exceed such percentage for the following year. Resolution No. 13-074 - Page 6 of 6