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HomeMy WebLinkAbout14-068 - Resolutions RESOLUTION NO. 14-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR TRACT MAP 18122 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 Street Light Maintenance District No. 1 (Arterial Streets) (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 Resolution No. 14-068 - Page 1 of 9 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. Resolution No. 14-068 - Page 2 of 9 PASSED, APPROVED, AND ADOPTED this 16"' day of April 2014. AYES: Alexander, Michael, Spagnolo, Steinorth, Williams NOES: None ABSENT: None ABSTAINED: None i r L. . nis Michael, Mayor ATTEST: J ice C. Reynolds, Cify 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 161" day of April 2014. Executed this 171 day of April 2014, at Rancho Cucamonga, California. J nA a C. Reynolds, Cit Clerk Resolution No. 14-068 - Page 3 of 9 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: KB Home Coastal Inc., a California Corporation The legal description of the Property is: See attached Exhibit A Assessor's Parcels Numbers of the Property: APN 225-191-03, -04, -13, -15 and -20 Resolution No. 14-068 - Page 4 of 9 PARCEL NOAA: (PORTION OF APN 225-191-13) THE EAST 1/2 OF THE SOUTH 1/2 OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 28, 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 PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL, NOVEMBER 13, 1885. PARCEL NO. 4B: (PORTION OF APN 225-191-13) THE WEST 1/2 OF THE SOUTH 1/2 OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 28, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL NOVEMBER 13, 1885. EXCEPTING FROM PARCELS 4A AND 4B ABOVE, ALL THAT PORTION OF SAID LAND DESCRIBED IN FINALORDER OF CONDEMNATION RECORDED APRIL 26, 1977, IN BOOK 9164, PAGE 1392, OFFICIAL RECORDS, AS FOLLOWS: FOR FREEWAY PURPOSES, THAT PORTION OF THE SOUTH 1/2 OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 28,TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN,ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 28, DISTANT ALONG SAID LINE NORTH 0° 00' 13" EAST, 374.93 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION, SAID CORNER BEING MARKED BY A 2-1/2" IRON PIPE; THENCE SOUTH 880 45' 07" WEST, 623.50 FEET TO A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 2967 FEET; THENCE WESTERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 5° 53' 01", A DISTANCE OF 304.68 FEET; THENCE NORTH 85° 21' 52" WEST, 51.79 FEET TO A TANGENT CURVE, CONCAVE SOUTHERLY HAVING A RADIUS OF 4033 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40 23' 44", A DISTANCE OF 309.40 FEET; THENCE NORTH 89- 45- 36" WEST, 1294.85 FEET TO THE CENTERLINE OF EACH AVENUE, 66 FEET WIDE. PARCEL 5: AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND/OR PUBLIC UTILITY PURPOSES, OVER THE WEST 30 FEET OF THE WEST 1/2 OF THE NORTH 1/2 OF THE EAST 1 /2 OF THE SOUTHEAST 1/4 OF SAID SECTION 28, 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 GOVERNMENT SURVEY, TO BE USED IN COMMON WITH OTHERS. PARCEL 6: (NOT ASSESSED) THOSE PORTIONS OF LOTS 12 AND 13 OF BLOCK"F", E IWANDA COLONY LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 13, DISTANT THEREON NORTH 00- 04' 17"WEST, 440.08 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 13, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THE LAND CONVEYED IN A DEED TO RICHARD S. Resolution No. 14-068 - Page 5 of 9 LEGAL DESCRIPTION Real property in the City of Rancho Cucamonga, County of San Bernardino, State of California, described as follows: PARCEL NO. 1: (APN 225-191-20) THAT PORTION OF THE WEST 200 FEET OF THE SOUTH 135 FEET OF THE NORTH 1/2 OF LOT 13, BLOCK "F", ETIWANDA COLONY LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY, MEASURED FROM THE EASTERLY LINE OF EAST AVENUE, 66 FEET WIDE, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID WEST 200 FEET OF THE SOUTH 135 FEET OF THE NORTH 1/2 OF LOT 13, THENCE ALONG THE EAST LINE OF SAID PARCEL SOUTH 0° 02' 53" EAST 28.61 FEET;THENCE NORTH 890 45' 36" WEST 200 FEET TO THE EASTERLY LINE OF EAST AVENUE;THENCE ALONG SAID EASTERLY LINE NORTH 00 02' 53" WEST 26.25 FEET TO THE NORTH LINE OF SAID PARCEL; THENCE ALONG SAID NORTH LINE NORTH 891 33' 47" EAST 200 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION THEREOF CONVEYED TO THE STATE OF CALIFORNIA IN GRANT DEED RECORDED JUNE 19, 1997, INSTRUMENT NO. 97-215981, OFFICIAL RECORDS, PARCEL 2: (PORTION OF APN 225-191-15) THE NORTH 1/2 OF LOTS 13 AND 14 OF BLOCK "F', ETIWANDA COLONY LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION TO THE STATE OF CALIFORNIA, BY DEED RECORDED ON JANUARY 29, 1974, BY DEED RECORDED IN BOOK 8357, PAGE 15, OFFICIAL RECORDS OF SAID COUNTY. ALSO EXCEPTING THEREFROM THE WEST 200 FEET OF THE SOUTH 135 FEET OF THE NORTH 1/2 OF SAID LOT 13, AS MEASURED FROM THE WEST SIDE OF THE LOT. ALSO EXCEPTING THEREFROM ALL THAT PORTION THEREOF CONVEYED TO THE STATE OF CALIFORNIA IN GRANT DEED RECORDED JUNE 19, 1997, INSTRUMENT NO. 97-215981, OFFICIAL RECORDS. PARCEL NO.3: (APN 225-191-03 AND 225-191-04) LOTS 11 AND 12, BLOCK"F", ETIWANDA COLONY LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM ALL THAT PORTION THEREOF CONVEYED TO THE STATE OF CALIFORNIA IN GRANT DEED RECORDED JUNE 19, 1997, INSTRUMENT N0, 97-215981, OFFICIAL RECORDS. Resolution No. 14-068 - Page 6 of 9 VANDERHOOF RECORDED MARCH 26, 1974 IN BOOK 8395 PAGE 629 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER;THENCE ALONG SAID WEST LINE NORTH 00° 04' 17" WEST, 404.20 FEET; THENCE NORTH 89° 55'26-EAST, 11.00 FEET; THENCE SOUTH 05° 57' 08"EAST, 356.62 FEET; THENCE COURSE"A": SOUTH OS° 57'08- EAST, 50.00 FEET TO THE SOUTH LINE OF SAID LAND CONVEYED TO RICHARD S. VANDERHOOF; THENCE ALONG SAID LINE NORTH 890 46' 15"WEST, 52.63 FEET TO THE POINT OF BEGINNING. Resolution No. 14-068 - Page 7 of 9 Exhibit B Description of the District Improvements Fiscal Year 2013/2014 Street Light Maintenance District No. 1 (Arterial Streets): Street Light Maintenance District No. 1 (Arterial Streets) (the "Maintenance District') is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. These sites consist of several non-contiguous areas throughout the City. 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. Proposed Additions to the Improvements for Project Tract Map 18122: Street Lights 5 Each on East Avenue Resolution No. 14-068 - Page 8 of 9 Exhibit C Proposed Annual Assessment Fiscal Year 2013/2014 Street Light Maintenance District No.1 (Arterial Streets): The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets)for TRACT MAP 18122: EBU Rate per Land Use Basis Factor* EBU* Single Family Parcel 1.00 $17.77 Multi-Family Parcel 1.00 17.77 Commercial Acre 2.00 17.77 Vacant Acre 2.00 17.77 *EBU means Equivalent Benefit Unit. The proposed annual assessment for the property described in Exhibit A is as follows: 76 Parcels x 1 EBU Factor x $17.77 Rate per EBU = $ 1,350.52 Annual Assessment Resolution No. 14-068 - Page 9 of 9