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HomeMy WebLinkAbout2020-101 - Resolution RESOLUTION NO. 2020-101 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 CASE NO. DRC2018-00430 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 XI I 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. 2020-101 — 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. 2020-101 — Page 2 of 9 PASSED, APPROVED, and ADOPTED this 16m day of September 2020. L. Den ichael, Mayor ATTEST: a ft,(�-1 C. nice C. Reynolds, Ci y Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 16th day of September 2020. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 171h day of September, 2020, at Rancho Cucamonga, California. nice C. Reynolds, CiYy Clerk Resolution No. 2020-101 — Page 3 of 9 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: RICHARD COLLINS JR., TRUSTEE OF THE COLLINS FAMILY TRUST OF 2019 The legal description of the Property is: PARCEL NO. 1: LOT 9, ACCORDING TO PLAT OF SUBDIVISION OF LOT 10 OF CUCAMONGA VINEYARD TRACT, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 20 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION OF SAID LOT 9, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S RIGHT OF WAY 100 FEET WIDE AS SAID RIGHT OF WAY IS DESCRIBED IN DEED TO CALIFORNIA RAILWAY COMPANY DATED SEPTEMBER 4, 1888, AND RECORDED IN VOLUME 83 OF DEEDS, PAGE 178, RECORDS OF SAID COUNTY, WITH THE EASTERLY LINE OF VINEYARD AVENUE (60 FEET WIDE); THENCE NORTH 0° 12' 50" EAST, ALONG SAID EASTERLY LINE 150.00 FEET; THENCE SOUTH 88° 47' 10" EAST, AT RIGHT ANGLES, 245 FEET, MORE OR LESS, TO THE SOUTHWESTERLY LINE OF THAT CERTAIN STRIP OF LAND (150 FEET WIDE) DESCRIBED IN DEED FROM L. F. LUCAS TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, RECORDED IN BOOK 1662, PAGE 246, OFFICIAL RECORDS; THENCE SOUTH 44° 09' 50" EAST ALONG SAID SOUTHWESTERLY LINE 240 FEET, MORE OR LESS, TO SAID NORTHERLY LINE OF RAILWAY RIGHT OF WAY; THENCE WESTERLY ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 415 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOT 9, LYING EASTERLY AND NORTHERLY OF THE WESTERLY AND SOUTHERLY LINES OF THE PROPERTY CONVEYED TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, A BODY CORPORATE AND POLITIC BY DEED RECORDED JANUARY 30, 1979 IN BOOK 9611, PAGE 694, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 9, CONVEYED TO THE CITY OF RANCHO CUCAMONGA, BY DEED RECORDED JANUARY 21, 1981, INSTRUMENT NO. 81-14591, OFFICIAL RECORDS. PARCEL NO. 2: Resolution No. 2020-101 — Page 4 of 9 A PARCEL OF LAND SITUATED IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING A PORTION OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN DEED DATED FEBRUARY 11, 1948 FROM AGENES T. BONESS, ET AL., TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY RECORDED MARCH 8, 1948, IN BOOK 2036, PAGE 36 ET SEQ. OF THE RECORDS OF SAID SAN BERNARDINO COUNTY, DESCRIBED FOR REFERENCE AS FOLLOWS: AN IRREGULAR SHAPED PARCEL OF LAND NEAR CUCAMONGA, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING A PORTION OF LOT 9, OF "A SUBDIVISION OF LOT 10 OF THE CUCAMONGA VINEYARD TRACT" AS SHOWN ON PLAT RECORDED IN BOOK 20 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S RIGHT OF WAY 100 FEET WIDE AS SAID RIGHT OF WAY IS DESCRIBED IN DEED TO CALIFORNIA CENTRAL RAILWAY COMPANY DATED SEPTEMBER 4, 1888, AND RECORDED IN VOLUME 83 OF DEEDS, PAGE 178, RECORDS OF SAID COUNTY, WITH THE EASTERLY LINE OF VINEYARD AVENUE (60 FEET WIDE); THENCE NORTH 0° 12' 50" EAST, ALONG SAID EASTERLY LINE 150.00 FEET; THENCE SOUTH 88° 47' 10" EAST, AT RIGHT ANGLES, 245 FEET, MORE OR LESS, TO THE SOUTHWESTERLY LINE OF THAT CERTAIN STRIP OF LAND (150 FEET WIDE) DESCRIBED IN DEED FROM L. F. LUCAS TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RECORDED IN BOOK 1662, PAGE 246, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 44' 12' 50" EAST, ALONG SAID SOUTHWESTERLY LINE 240 FEET, MORE OR LESS, TO SAID NORTHERLY LINE OF RAILWAY RIGHT OF WAY; THENCE WESTERLY ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 415 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION THEREOF DESCRIBED IN DEED DATED JULY 21, 1981, FROM THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO THE CITY OF RANCHO CUCAMONGA RECORDED OCTOBER 8, 1981, INSTRUMENT NO. 81-223339, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, DESCRIBED IN SAID DEED FOR REFERENCE AS FOLLOWS: A PARCEL OF LAND IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, IN THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, BEING THAT PORTION OF THAT CERTAIN 1.1. ACRE PARCEL OF LAND DESCRIBED IN DEED TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, RECORDED IN BOOK 2036, PAGE 36, OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF VINEYARD AVENUE (60 FEET WIDE)AS SAID AVENUE ON MAP ENTITLED "PLAT OF A Resolution No. 2020-101 — Page 5 of 9 SUBDIVISION OF LOT 10 CUCAMONGA VINEYARD TRACT", RECORDED IN BOOK 20 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, WITH THE NORTHERLY LINE OF SAID RAILWAY COMPANY'S 100-FOOT WIDE PROPERTY AS SAID PROPERTY IS DESCRIBED IN DEED TO CALIFORNIA CENTRAL RAILWAY COMPANY (PREDECESSOR IN INTEREST TO FIRST SAID RAILWAY COMPANY), RECORDED IN VOLUME 83 OF DEEDS, PAGE 178, RECORDS OF SAID COUNTY, SAID INTERSECTION BEING ALSO THE SOUTHWEST CORNER OF SAID 1.1. ACRES PARCEL; THENCE NORTH 00 DEG. 02' 39" EAST (BEARING ASSUMED FOR PURPOSE OF THIS DESCRIPTION) ALONG THE WESTERLY LINE OF SAID 1.1 ACRE PARCEL 150.00 FEET TO THE NORTHWESTERLY CORNER OF SAID 1.1. ACRE PARCEL; THENCE SOUTH 89 DEG. 57' 21" EAST ALONG THE NORTHERLY LINE OF SAID 1.1 ACRES PARCEL, 22.94 FEET; THENCE SOUTH 1 DEG. 40' 01" WEST, 150.12 FEET TO A POINT IN THE NORTHERLY LINE OF SAID 100-FOOT WIDE PROPERTY; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID 100-FOOT WIDE PROPERTY, BEING ALONG THE ARC OF A CURVE FROM WHICH A RADIAL BEARS SOUTH 00 DEG. 16' 47" WEST, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 5779.65 FEET, THROUGH A CENTRAL ANGLE OF 00 DEG. 11' 07", A DISTANCE OF 18.68 FEET TO POINT OF BEGINNING. ALSO, EXCEPTING FROM THE ABOVE DESCRIBED 1.1 ACRE PARCEL ALL OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED DATED MAY 22, 1981, FROM THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RECORDED OCTOBER 20, 1981, INSTRUMENT NO. 81-232717, OFFICIAL RECORDS, DESCRIBED IN SAID DEED FOR REFERENCE AS FOLLOWS: A PARCEL OF LAND IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING THAT PORTION OF THAT CERTAIN 1.1 ACRE PARCEL OF LAND DESCRIBED IN DEED TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY RECORDED IN BOOK 2036, PAGE 36, OFFICIAL RECORDS OF SAID COUNTY, IN LOT 9 OF "A SUBDIVISION OF LOT 10 OF THE CUCAMONGA VINEYARD TRACT", AS SAID SUBDIVISION IS SHOWN ON MAP RECORDED IN BOOK 20 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID 1.1 ACRE PARCEL; THENCE NORTH 44 DEG. 17' 54" WEST (BEARING ASSUMED FOR THE PURPOSE OF THIS DESCRIPTION)ALONG THE NORTHEASTERLY LINE OF SAID 1.1 ACRE PARCEL, 230.69 FEET TO THE NORTHEASTERLY CORNER OF SAID 1.1 ACRE PARCEL; THENCE NORTH 89 DEG. 57' 21" WEST ALONG THE NORTHERLY LINE OF SAID 1.1 ACRE PARCEL, 14.02 FEET; THENCE SOUTH 43 DEG. 39' 25" EAST, 226.37 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID 1.1 ACRE PARCEL; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, BEING ALONG THE ARC OF A CURVE FROM WHEN A RADIAL BEARS SOUTH 3 DEG. 59' 26" WEST, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 5779.65 FEET, THROUGH A CENTRAL ANGLE OF 0 DEG. I P 15", A DISTANCE OF 18.91 FEET TO POINT OF BEGINNING. Resolution No. 2020-101 — Page 6 of 9 ALSO EXCEPTING FROM HEREINABOVE PARCEL NO. 2, ALL MINERALS CONTAINED IN THE ABOVE-DESCRIBED LAND, INCLUDING, WITHOUT LIMITING THE GENERALITY THEREOF, OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, AS WELL AS METALLIC OR OTHER SOLID MINERALS, PROVIDED THAT SANTA FE SHALL NOT HAVE THE RIGHT TO GO UPON OR USE THE SURFACE OF SAID LANDS, OR ANY PART THEREOF, FOR THE PURPOSE OF DRILLING FOR, MINING, OR OTHERWISE REMOVING, ANY OF SAID MINERALS, SANTA FE MAY, HOWEVER AND HEREBY RESERVES THE RIGHT TO, REMOVE ANY OF SAID MINERALS FROM SAID LAND BY MEANS OF WELLS, SHAFTS, TUNNELS, OR OTHER MEANS OF ACCESS TO SAID MINERALS WHICH MAY BE CONSTRUCTED, DRILLED OR DUG FROM OTHER LAND, PROVIDED THAT THE EXERCISE OF SUCH RIGHTS BY SANTA FE SHALL IN NO WAY INTERFERE WITH OR IMPAIR THE USE OF THE SURFACE OF SAID LAND OR OF ANY IMPROVEMENTS THEREON, AS RESERVED BY THE CLURMAN COMPANY, INC., A CALIFORNIA CORPORATION, IN GRANT DEED RECORDED MAY 13, 1994, INSTRUMENT NO. 94-221520, OFFICIAL RECORDS. Assessor's Parcels Numbers of the Property: 0209-013-13-0-000 & 0209-013-44-0-000 Resolution No. 2020-101 — Page 7 of 9 Exhibit B Description of the District Improvements Fiscal Year 2020/21 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 Case No. DRC2018-00430: 0 Street lights Resolution No. 2020-101 — Page 8 of 9 Exhibit C Proposed Annual Assessment Fiscal Year 2020/21 Street Light Maintenance District No.1 (Arterial Streets): The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2019/20. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for Case No. DRC2018-00430: EBU Rate per Land Use Basis Factor* EBU* Single Family Residential Parcel 1.00 $17.77 Multi-Family Residential Parcel 1.00 17.77 Non-Residential Acre 2.00 17.77 The proposed annual assessment for the property described in Exhibit A is as follows: 1.56 Acres x 2.00 EBU Factor x $17.77 Rate per EBU = $55.44 Annual Assessment Resolution No. 2020-101 — Page 9 of 9