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HomeMy WebLinkAbout14-083 - Resolutions RESOLUTION NO. 14-083 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 PARCEL MAP 19448 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. 14-083 - Page 1 of 8 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. 14-083 - Page 2 of 8 PASSED, APPROVED, AND ADOPTED this 2111 day of May 2014. AYES: Alexander, Michael, Spagnolo, Steinorth, Williams NOES: None ABSENT: None ABSTAINED: None 1-4KWnis N ichael, Mayor ATTEST: ice C. Reynolds, Ci 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 211' day of May 2014. Executed this 22nd day of May 2014, at Rancho Cucamonga, California. ice C. Reynolds, Cfty Clerk Resolution No. 14-083 - Page 3 of 8 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: GOODMAN RANCHO SPE LLC The legal description of the Property is: SEE EXHIBIT "A" Assessor's Parcels Numbers of the Property: 229-131-04 229-131-17 229-131-25 Resolution No. 14-083 - Page 4 of 8 tMB/T "44 LEGAL DESCRIPTION Real property in the City of Rancho Cucamonga, County of San Bernardino, State of California, described as follows: TENTATIVE PARCEL MAP NO. 19448, BEING A DIVISION OF THE FOLLOWING: PARCEL 1: THE NORTHERLY 409.82 FEET OF LOT 1 TRACT NO. 5377, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 62, PAGE 90 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN BERNARDINO COUNTY, STATE OF CALIFORNIA. PARCEL 2: THE EAST 25 ACRES OF THE NORTH 50 ACRES OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 8,TOWNSHIP 1 SOUTH, RANGE 6 WEST, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, SAN BERNARDINO MERIDIAN, ACCORDING TO GOVERNMENT SURVEY. PARCEL 3: ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AND BEING A PORTION OF LOT 1 AS SAID LOT IS SHOWN ON THE CERTAIN MAP ENTITLED TRACT NO. 5377, FILED IN BOOK 62, PAGE 90 OF MAPS, RECORDS OF SAID SAN BERNARDINO COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 1, DISTANT THEREON SOUTH 000 24'25" WEST 771.82 FEET FROM THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE FROM SAID POINT OF BEGINNING SOUTH 890 51'46" EAST. 1325.49 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 1; THENCE ALONG LAST SAID EASTERLY LINE NORTH 00° 22'55" EAST 767.73 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 1;THENCE NORTH 890 41' 10" WEST, 1325.14 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE ALONG THE WESTERLY LINE OF SAID LOT 1, SOUTH 000 243'25"WEST 771.82 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE NORTHERLY 409.82 FEET OF THE ABOVE MENTIONED LOT 1. PARCEL 4: PARCEL"B" AS DEFINED AND DESCRIBED IN THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. 438 FOR LOT LINE ADJUSTMENT RECORDED AUGUST 30, 1999 AS INSTRUMENT NO. 19990365325, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, AND BEING DESCRIBED AS FOLLOWS: LOTS 1, 3, 4, 5 AND 6 OF THE WEST ETIWANDA LAND AND TOWN COMPANY SUBDIVISION, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15, PAGE 12 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY. ALSO THE NORTHERLY 79.75 FEET OF THE EASTERLY 623.09 FEET OF PARCEL 2 OF PARCEL Resolution No. 14-083 - Page 5 of 8 MAP NO. 7847, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 82 OF PARCEL MAPS, PAGES 48 THROUGH 51, RECORDS OF SAN BERNARDINO COUNTY. PARCEL 5: THE NORTH 292 FEET OF THAT PORTION OF LOTS 7, 8 AND 9 OF SUBDIVISION OF WEST ETIWANDA LAND AND TOWN CO., IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15, PAGE 12 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THOSE PORTIONS OF SECOND STREET, MULBERRY AVENUE AND BRUCE AVENUE VACATED BY ORDER OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, A CERTIFIED COPY OF WHICH WAS RECORDED SEPTEMBER 27, 1934 IN BOOK 1001, PAGE 30, OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 9; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF LOTS 9 AND 11 OF SAID SUBDIVISION, A DISTANCE OF 647.05 FEET TO THE SOUTHWEST CORNER OF SAID LOT 11; THENCE EASTERLY 1284.7 FEET TO THE SOUTHEAST CORNER OF LOT 7 OF SAID SUBDIVISION; THENCE NORTHERLY 604 FEET TO THE SOUTHEAST CORNER OF LOT 6 SAID SUBDIVISION; THENCE WESTERLY ALONG THE NORTHERLY LINES OF LOTS 7, 8 AND 9, A DISTANCE OF 1324.24 FEET TO THE POINT OF BEGINNING. APN: 0229-131-17 (Affects as to Parcels 1, 2 and 3), 0229-131-25 (Affects Parcel 4) and 0229- 131-04 (Affects Parcel 5) Resolution No. 14-083 - Page 6 of 8 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 Parcel Map 19448: STREET TREES 129 EACH Resolution No. 14-083 - Page 7 of 8 Exhibit C Proposed Annual Assessment Fiscal Year 2013-2014 Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District): The following table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District)for Parcel Map 19448: 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: 74.74 Acres x 1 EBU Factor x $352.80 Rate per EBU = $ 26,368.27 Annual Assessment Resolution No. 14-083 - Page 8 of 8