HomeMy WebLinkAbout14-092 - Resolutions RESOLUTION NO. 14-092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO VICTORIA
NEIGHBORHOOD PARKS AND LANDSCAPE MAINTENANCE
DISTRICT (LMD 2) FOR TRACT MAP 18212
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 Victoria Neighborhood
Parks and Landscape Maintenance District (LMD 2) (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
XII I 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. 14-092 - 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.
SETION 4: All future proceedings of the District, including the levy of all assessments,
shall be applicable to the Territory.
Resolution No. 14-092 - Page 2 of 8
PASSED, APPROVED, AND ADOPTED this 21s' day of May 2014.
AYES: Alexander, Michael, Spagnolo, Steinorth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
L. 066is ichael, Mayor
ATTEST:
J ice C. Reynolds, City Jerk
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 215' day of May 2014.
Executed this 221d day of May 2014, at Rancho Cucamonga, California.
IceC.f C. jf /itySCl
ice C. Reynolds, Cit Jerk
Resolution No. 14-092 - Page 3 of 8
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
D.R. HORTON LOS ANGELES HOLDING COMPANY, INC.
The legal description of the Property is:
SEE ATTACHED EXHIBIT "A"
Assessor's Parcels Numbers of the Property:
1089-581-01
Resolution No. 14-092 - Page 4 of 8
LEGAL DESCRIPTION
EXHIBIT "A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF RANCHO CUCAMONGA, COUNTY
OF SAN BERNARDINO,STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 2 OF CERTAIN CERTIFICATE OF COMPLIANCE NO. 426 FOR LOT LINE ADJUSTMENT
RECORDED DECEMBER 14, 1998 AS INSTRUMENT NO. 19980530535 OF OFFICIAL RECORDS, BEING
THAT PORTION OF THE SOUTH HALF OF SECTION 32, 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 THEREOF,DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND SHOWN AS
"DESIGNATED REMAINDER" ON PARCEL MAP 11838, SHOWN ON PARCEL MAP BOOK 144, PAGES 60
AND 61, RECORDS OF SAID COUNTY; THENCE ALONG THE WESTERLY LINE OF SAID "DESIGNATED
REMAINDER" AS FOLLOWS:
SOUTH 0005'07" WEST 4.21 FEET TO THE BEGINNING OF A TANGENT CURVE IN SAID WESTERLY LINE,
CONCAVE EASTERLY AND HAVING A RADIUS OF 1136.01 FEET; AND SOUTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 5012'59" AN ARC DISTANCE OF 103.43 FEET TO A POINT,SAID POINT
BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS
OF 61.00 FEET,A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 29017'03" EAST;THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 75051'44" AN ARC DISTANCE OF
80.77 FEET;THENCE TANGENT TO SAID CURVE,SOUTH 15008'47" WEST 87.00 FEET TO THE BEGINNING
OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 96.00 FEET; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15003'40" AN ARC DISTANCE OF
25.24 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 0"05'07" WEST 105.52 FEET; THENCE SOUTH
44014'50" EAST 30.53 FEET TO A POINT IN THE WESTERLY PROLONGATION OF THAT CERTAIN CURVE
IN THE NORTHERLY RIGHT-OF-WAY OF BASE LINE ROAD SHOWN ON SAID PARCEL MAP 11838 AS
BEING CONCAVE SOUTHERLY HAVING A RADIUS OF 1860.00 FEET; A CENTRAL ANGLE OF 10°16'39"
AND AN ARC DISTANCE OF 333.64 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS
NORTH 7002'36" EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
0001'19" AN ARC DISTANCE OF 0.71 FEET TO A POINT IN SAID WESTERLY LINE OF SAID "DESIGNATED
REMAINDER," A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 7°03'55" EAST;THENCE
ALONG THE SOUTHERLY BOUNDARY OF SAID "DESIGNATED REMAINDER," EASTERLY ALONG SAID
CURVE HAVING A RADIUS OF 1860.00 FEET THROUGH A CENTRAL ANGLE OF 01016'39" AN ARC
DISTANCE OF 333.64 FEET TO THE SOUTHWESTERLY CORNER OF PARCEL 2 OF SAID PARCEL MAP
11838; THENCE ALONG THE WESTERLY LINES OF SAID PARCEL 2 AS FOLLOWS: NORTH 18°11'02"
EAST 47.34 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A
RADIUS OF 150.00 FEET; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18007'48"
AN ARC DISTANCE OF 47.46 FEET; AND TANGENT TO SAID CURVE, NORTH 0003'14" EAST 191.06 FEET
TO THE NORTHWESTERLY CORNER OF SAID PARCEL 2;THENCE ALONG THE NORTHERLY LINES OF
PARCELS 2 AND 1 OF SAID PARCEL MAP 11838 AS FOLLOWS: SOUTH 89056'46" EAST 145.10 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 170.00
FEET; EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18026'06" AN ARC DISTANCE
OF 54.70 FEET;TANGENT TO SAID CURVE,SOUTH 71030'40" EAST 91.34 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 195 FEET; EASTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 13030'00" AN ARC DISTANCE OF 45.95 FEET; AND
TANGENT TO SAID CURVE, SOUTH 85000'40" EAST 56.45 FEET TO THE NORTHEASTERLY CORNER OF
SAID,PARCEL 1; THENCE ALONG THE EASTERLY BOUNDARY OF SAID "DESIGNATED REMAINDER",
NORTH 0003'14" EAST 156.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY
AND HAVING A RADIUS OF 300.00 FEET; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL
Resolution No. 14-092 - Page 5 of 8
ANGLE OF 40005'06" AN ARC DISTANCE OF 209.88 FEET TO A POINT, SAID POINT BEING THE
BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 800.00 FEET, A
RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 49058'08" WEST; THENCE NORTHERLY
ALONG SAID CURVE.THROUGH A CENTRAL ANGLE OF 1003'17" AN ARC DISTANCE OF 14.73 FEET TO A
POINT, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 51°01'25" WEST, SAID POINT
ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING
A RADIUS OF 28.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 29°47'10"
WEST,SAID POINT ALSO BEING THE MOST EASTERLY CORNER OF TRACT NO. 13873 SHOWN ON MAP,
BOOK 227, PAGES 15 TO 17 INCLUSIVE, RECORDS OF SAID COUNTY; THENCE ALONG THE GENERAL
SOUTHERLY BOUNDARY OF SAID TRACT NO. 13873 AS FOLLOWS: SOUTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF I1037'52" AN ARC DISTANCE OF 5.68 FEET; TANGENT TO
SAID CURVE,SOUTH 48-34'58" WEST 67.21 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 527.00 FEET; SOUTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 4058'20" AN ARC DISTANCE OF 45.73 FEET TO A POINT,SAID POINT
BEING THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS
OF 107.00 FEET; A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 36026'42" WEST;
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8014'59" AN ARC DISTANCE
OF 15.41 FEET;TANGENT TO SAID CURVE,SOUTH 45018119" WEST 57.53 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 43.00 FEET; WESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 123024'57" AN ARC DISTANCE OF 92.62 FEET;TANGENT
TO SAID CURVE NORTH 11016'44" WEST 20.46 FEET TO A POINT, SAID POINT BEING THE BEGINNING
OF A NON-TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 800.00 FEET, A
RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 14010'01" EAST; WESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 14015'08" AN ARC DISTANCE OF 199.00 FEET; AND NORTH
89054'53"WEST 268.00 FEET TO THE POINT OF BEGINNING.
EXCEPT THEREFROM ALL OIL, GAS,OR OTHER HYDROCARBON SUBSTANCES AS GRANTED TO DRH
ENERGY,INC.,A COLORADO CORPORATION, BY DEED RECORDED AUGUST 09,2013,AS INSTRUMENT
NO.2013-0352277,OFFICIAL RECORDS.
PARCEL B:
LOT C OF TRACT NO. 16128,IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 282, PAGES 56 THROUGH 60, INCLUSIVE OF
MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 1089-641-58
THIS LEGAL DESCRIPTION IS FOR THE SOLE PURPOSE OF THIS REPORT AND MAY NOT BE
CONSIDERED FOR USE IN ANY POLICY OF TITLE INSURANCE TO BE ISSUED BY THIS COMPANY; AND
IS SUBJECT TO CHANGE AT ANY TIME. IT 1S PREPARATORY TO THE ISSUANCE OF A SUBDIVISION
GUARANTEE AND IS INTENDED SOLELY FOR THE USE OF THOSE PARTIES DIRECTLY INVOLVED IN
THE PREPARATION AND CHECKING OF SAID MAP.
APN: 1089-581-01-0-000
Resolution No. 14-092 - Page 6 of 8
Exhibit B
Description of the District Improvements
Fiscal Year 2013-2014
Victoria Neighborhood Parks and Landscape Maintenance District(LMD 2):
Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2) (the "Maintenance
District') represents landscape sites throughout the Victoria Planned Community.
The sites maintained by the district consist of parkways, median islands, street trees, paseos,
community trails and parks. Parks within LMD 2 include: Kenyon Park, Windrows Park, Ellena
Park, Vintage Park, Victoria Groves Park and Victoria Arbors Park.
Proposed additions to the Improvements for Project tract 18212:
STREET TREES 8 EACH
Resolution No. 14-092 - Page 7 of 8
Exhibit C
Proposed Annual Assessment
Fiscal Year 2013-2014
Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2):
The following table summarizes the assessment rate for Victoria Neighborhood Parks and
Landscape Maintenance District (LMD 2): for TRACT 18212
The Maximum Assessment per Benefit Unit is $42.01
Maximum
Allowable
Total Assessment
Benefit Parcel for FY
Parcel Land Use Category Points Factor 2013/14•
Single Family Residential 11.00 Unit $462.00
Condominium Residential 8.10 Unit 340.00
Multi Family Residential 7.70 Unit 323.00
Commercial/Industrial 52.00 Acre" 2184.00
Public Service Parcels-Church/Fire
Station/School 3.00 Acre" 126.00
Undeveloped 2.20 Acre" 92.00
Common
Area/Roads/Easments/Utilit 0.00 Parcel 0.00
" The maximum allowable assessment rates have been rounded down to the nearest
dollar. The maximum allowable assessment is subject to an annual cost of living inflator
as described within this Report
"" Per acre or portion thereof
The proposed annual assessment for the property described in Exhibit A is as follows:
67 Condo Units x 8.10 Total Benefit Points x $42.01 Maximum Assessment per Benefit Unit =
$22,798.83 Annual Assessment
Resolution No. 14-092 - Page 8 of 8