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Home My WebLink About14-173 - Resolutions RESOLUTION NO. 14-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) FOR TRACT MAP 18870 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. 1 (General City) (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 forthe 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. 14-173 — 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 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. 14-173 — Page 2 of 6 PASSED, APPROVED, AND ADOPTED this 17'h day of September 2014. AYES: Alexander, Michael, Spagnolo, Steinorth, Williams NOES: None ABSENT: None ABSTAINED: None D f L. a nis ichael, Mayor ATTEST: QaZAA e- 9W494 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 17'" day of September 2014. Executed this 18'" day of September 2014, at Rancho Cucamonga, California. J ce C. Reynolds, Cit Clerk Resolution No. 14-173 — 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., A CALIFORNIA CORPORATION The legal description of the Property is: THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, THENCE SOUTH 000 30' 15" WEST 650.11 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°23' 35" WEST OF 1071.37 FEET; THENCE NORTH 211 16' 02" EAST 646.6 FEET; THENCE SOUTH 89023' 35" WEST 269.40 FEET; THENCE SOUTH 211 16' 02" WEST 2758.36 FEET; THENCE NORTH 89023' 40" EAST 2089.40; THENCE NORTH 00'30' 15" EAST 1959.80 FEET, TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFORM ALL OIL, GAS AND OTHER HYDROCARBON AND MINERAL SUBSTANCES (EXCEPT WATER) LYING NOT LESS THAN 100 FEET BELOW THE SURFACE OF SAID REAL PROPERTY, AS EXCEPTED AND RESERVED IN THE DEED FROM SANTA FE LAND IMPROVEMENT COMPANY, A CORPORATION, TO OLIVER A. JOHNSON AND CRYSTAL M. JOHNSON, HUSBAND AND WIFE, AS JOINT TENTANTS, RECORDED JUNE 7, 1946 IN BOOK 1890 PAGE 491 OFFICIAL RECORDS, WHICH DEED RECITES: "PROVIDED, THAT THE FIRST PARTY, ITS SUCCESSORS AND ASSIGNS, SHALL NOT HAVE THE RIGHT TO ENTER UPON THE SURFACE OF SAID REAL PROPERTY FOR THE PURPOSE OF EXTRACTING AND REMOVING ANY SUCH RESERVED SUBSTANCES, OR FOR ANY OTHER PURPOSE." Assessor's Parcels Numbers of the Property: APN 229-041-09 Resolution No. 14-173 — Page 4 of 6 Exhibit B Description of the District Improvements Fiscal Year 2014/2015 Landscape Maintenance District No. 1 (General City): Landscape Maintenance District No. 1(General City) (the "Maintenance District") represents various landscaped areas, parks and community trails located at various sites throughout the City. These sites consist of several non-contiguous areas throughout the City. As such, the parcels within this District do not represent a distinct district area as do the other LMD's within the City. Typically new parcels within this District have been annexed upon development. The various sites maintained by the District consist of parkways, median islands, paseos, street trees, entry monuments, community trails and parks. The parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park, Heritage Community Park, Hermosa Park, Red Hill Community Park, Lions Park, Napa Park, Don Tiburcio Tapia Park and the Rancho Cucamonga Adult Sports Complex). Proposed additions to the Improvements for Project TRACT MAP 18870: Street Trees 0 EA Resolution No. 14-173 — Page 5 of 6 Exhibit C Proposed Annual Assessment Fiscal Year 2014/2015 The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City)for TRACT MAP 18870: EDU Rate per Land Use Basis Factor* EDU* Single Family Parcel 1.00 $92.21 Multi-Family Unit 0.50 92.21 Non-Residential Improved Acre 2.00 92.21 Vacant Acre 0.25 92.21 *EBU means Equivalent Benefit Unit. The proposed annual assessment for the property described in Exhibit A is as follows: 125 Parcels x 1 EBU Factor x $ 92.21 Rate per EBU = $ 11,526.25 Annual Assessment Resolution No. 14-173 — Page 6 of 6