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Home My WebLink About14-079 - Resolutions RESOLUTION NO. 14-079 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 (COMMERCIAL INDUSTRIAL MAINTENANCE DISTRICT) FOR DRC2008-00185 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. 3B (Commercial Industrial Maintenance District) (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. 14-079 - Page 1 of 6 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 Territoryfrom 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. 14-079 - Page 2 of 6 PASSED, APPROVED, AND ADOPTED this 21s'day of May 2014. AYES: Alexander, Michael, Spagnolo, Steinorth, Williams NOES: None ABSENT: None ABSTAINED: None e nis Michael, Mayor ATTEST: -'r 40444LA nice C. Reynolds, Ci y 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 21 s'day of May 2014. Executed this 22nd day of May 2014, at Rancho Cucamonga, California. e �d'6 ice C. Reynolds, CiYy Clerk Resolution No. 14-079 - Page 3 of 6 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: DEDEAUX PROPERTIES, LLC a California Limited Liability Company The legal description of the Property is: PARCEL 1 OF PARCEL MAP NO. 9530, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 105 OF PARCEL MAPS, PAGES 80 AND 81, RECORDS OF SAID COUNTY, TOGETHER, WITH THAT PORTION OF LOT 37 OF THE MAP OF ROCHESTER, IN SAID CITY, COUNTY AND STATE, AS PER PLAT RECORDED IN BOOK 9 OF MAPS, PAGE 20, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT NORTHWEST CORNER OF SAID PARCEL 1; THENCE NORTH 89°46'05" EAST 710.36 FEET ALONG THE NORTH LINE OF SAID PARCEL 1 TO THE NORTHEASTERLY CORNER OF SAID PARCEL 1, SAID CORNER IS A POINT IN THE WESTERLY RIGHT OT WAY LINE OF ROCHESTER AVENUE, 100 FEET WIDE AS SHOWN ON SAID PARCEL MAP NO. 9530, ALSO, SAID CORNER IS A POINT ON A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 400 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 74014'50"WEST; THENCE SOUTHERLY 111.74 FEET ALONG THE SAID WESTERLY RIGHT OF WAY LINE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16000'20"TO THE BEGINNING OF A TANGENT LINE; THENCE ALONG SAID LINE SOUTH 00°15'10"EAST 135.93 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING ARADIUS OF 24.00 FEET; THENCE SOUTHWESTERLY 37.70 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90000'00" TO THE BEGINNING OF A TANGENT LINE; SAID LINE IS THE NORTHERLY RIGHT OF WAY LINE OF 6T"STREET, 120 FEET WIDE AS SHOWN ON SAID PARCEL MAP NO. 9530; THENCE ALONG SAID LINE SOUTH 89°44'50" WEST 127.13 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 610.00 FEET; THENCE SOUTHWESTERLY 272.83 FEET ALONG SAID RIGHT OF WAY LINE AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25037'33" TO A POINT IN THE NORTHERLY LINE OF SAID LOT 37; A RADIAL LINE THROUGH SAID POINT BEATS NORTH 25052'43" WEST, SAID POINT IS THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 610.00 FEET, SAID CURVE IS THE SOUTHWESTERLY CONTINUATION OF THE NORTHERLY RIGHT OF WAY LINE OF 6T" STREET; THENCE SOUTHWESTERLY 408.20 FEET ALONG SAID RIGHT OF WAY LINE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 38°20'27"TO A POINT ON THE WESTERLY LINE OF SAID LOT 37; A RADIAL LINE THROUGH SAID POINT BEARS NORTH 64013'10" WEST; THENCE ALONG THE WESTERLY LINE OF SAID LOT 37 NORTH 00009'25" EAST 282.28 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 37; THENCE CONTINUING NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 1 NORTH 00009'25" EAST 330.49 FEET TO THE POINT OF BEGINNING. Assessor's Parcels Numbers of the Property: 0229-262-01 and -31 Resolution No. 14-079 - Page 4 of 6 Exhibit B Description of the District Improvements Fiscal Year 2013-2014 Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District): Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District) (the "Maintenance District") represents landscape sites throughout the Commercial/Industrial Maintenance District. The various landscape sites that are maintained by this district consist of median islands, parkways, street trees and entry monuments. Proposed additions to the Improvements for Project DRC2008-00185: (15) Landscape Trees 15 Gallon on Sixth Street Resolution No. 14-079 - Page 5 of 6 Exhibit C Proposed Annual Assessment Fiscal Year 2013-2014 Landscape Maintenance District No. 36 (Commercial Industrial Maintenance District): The following table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District)for DRC2008-00185: EBU Rate per Land Use Basis Factor* EBU* Single Family Unit 1.00 $352.80 Multi- Family Unit 1.00 352.80 Commercial/ Industrial Acre 1.00 352.80 Vacant Acre 0.25 352.80 *EBU means Equivalent Benefit Unit. The proposed annual assessment for the property described in Exhibit A is as follows: 5.54 Parcels x 1 EBU Factor x $352.80 Rate per EBU = $1954.51 Annual Assessment Resolution No. 14-079 - Page 6 of 6