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2016-43 RESOLUTION No. 2016-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE INITIATING PROCEEDINGS FOR AN ANNEXATION OF TERRITORY INTO THE CITY OF GRAND TERRACE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 THE CITY OF GRAND TERRACE LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT NO. 89-1, ANNEXATION#3 (Pursuant to the Landscaping and Lighting Act of 1972) The City Council of the City of Grand Terrace hereby resolves as follows: Section 1: The City Council, pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Part II of Division 15. of the California Streets and Highways Code), has found that landscaping maintenance of certain areas within the City is necessary to preserve the environment and aesthetic beauty of the City and is in the general public interest; and, therefore, proposes to annex territory into the City Grand Terrace Landscaping and Lighting Assessment District No. 89-1, City of Grand Terrace, San Bernardino County, State of California and declares its intention to levy and collect assessments pursuant to said Landscaping and Lighting Act of 1972. The specific improvement areas and improvements therefore are described in the Assessment District No. 89-1, Annexation #3, Engineer's Report on file in the office of the City Clerk of the City of Grand Terrace and incorporated herein by this reference. Section 2: The proposed Landscaping and Lighting assessment district to be benefited by said improvements to be assessed to pay the costs and expenses thereof shall be designated as "Annexation No. 3 of the Landscaping and Lighting Assessment District No. 89- 1", City of Grand Terrace, San Bernardino County, State of California, and is comprised of the area within Tract Map No. 18793, as more particularly described in the Engineer's Report, on file in the office of the City Engineer of the City of Grand Terrace and incorporated herein by this reference. Section 3: The Developer, Aegis Builders Inc., is the sole owner of that certain real property located in the City of Grand Terrace, San Bernardino County, State of California, and is developing the property as a single-family subdivision. Section 4: As a condition of its approval of final tract map, the City required that certain landscape areas adjacent to Tract 18793, be improved with landscaping and related improvements to a standard acceptable to the City, and that the Developer provide-)-a-means satisfactory to the City for assuring the continued maintenance, operation and servicing af,said improvement areas and the improvements thereto. Section 5: In response to the City of Grand Terrace's conditions=to its approval, the, Developer has executed and filed with the City Council a Landowner's Coxis`ent wherein:the RESOLUTION NO. 2016-43 PAGE 1 OF 2 OCTOBER 25, 2016 f Developer has among other things, requested the formation of a maintenance district for the _ continued maintenance, operation and servicing of said improvement areas and all improvements thereon. Section 6: Pursuant to Sections 22585 and 22605 of the Streets and Highway Code of the State of California, the City hereby proposes to initiate proceedings for an annexation into the City of Grand Terrace Landscaping and Lighting Assessment District #89-1 in accordance with the provisions of the"Landscaping and Lighting Act of 1972". Section 7: Pursuant to the provisions of Section 22608 and 22608.2 of the Streets and Highway Code, the City has determined that the Developer has given written consent to the proposed assessment of that certain real property described in the Engineer's Report on file in the office of the City Clerk of the City of Grand Terrace and incorporated herein by this reference, to provide for the continued maintenance, operation and servicing of the improvement areas, and all the improvements thereon, and that the property is to be assessed without notice, or hearing. Section 8: The City Engineer of the City of Grand Terrace is hereby designated engineer for the purpose of these formation proceedings. The City Council hereby directs the engineer to prepare and file with the City Clerk of the City of Grand Terrace, a report in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972. Reference is hereby made to said report for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district. �l PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace this 25th day of October 2016 by the following vote: AYES: Council Members Hussey, Wilson, Mitchell, Mayor Pro Tern Robles, Mayor McNaboe NOES: None ABSENT: None ABSTAIN: None ATTEST: - s Darcy M a o Ci;fy C_ ler c` ayor i 1 RESOLUTION NO. 2016-43 PAGE 2 OF 2 OCTOBER 25, 2016