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2019-01 RESOLUTION NO. 2019-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORY INTO THE CITY OF GRAND TERRACE LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT NO. 89-1 PURSUANT TO THE LIGHTING AND LANDSCAPING ACT OF 1972, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WHEREAS, the City Council has, by previous Resolutions, formed and levied annual assessments for the City of Grand Terrace Lighting and Landscaping Assessment District No. 89-1 (hereafter referred to as the "District") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "Act"), which Act provides for the levy and collection of District assessments on the San Bernardino County tax rolls to pay for the maintenance and operation of lighting facilities, landscaping improvements, and appurtenant facilities and services related thereto within the District and which Act also provides for the annexation of territory into the District for the same purpose. WHEREAS, the City Council has, by previous Resolutions, annexed land into the District four times. WHEREAS, therefore, the City Council has retained Charles Abbot Associates, Inc., as the assessment engineer, for the purpose of assisting with preparing a report pursuant to the Act for the purpose of annexing the territory within Tract 18604 into the District ("Engineer's Report") and to file the Engineer's Report with the City Clerk in accordance with Chapter 3, Section 22623 of the Act, and which Engineer's Report is on file in the office of the City Clerk of the City of Grand Terrace and incorporated herein by this reference. WHEREAS, the City Council desires to annex additional land into the District, pursuant to the provisions of the Act, because the 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 No. 5, Engineer's Report on file in the office of the City Clerk of the City of Grand Terrace and incorporated herein by this reference. WHEREAS, the City Council now desires to initiate proceedings for the annexation of all land within Tract 18604 into the City of Grand Terrace Lighting and Landscaping Assessment District No. 89-1 ("Annexation No. 5). 2019-01 CC RESO Page 1 of 3 March 12, 2019 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The recitals set forth above are true and correct in incorporated herein by this reference. SECTION 2: The Developer, Aegis-Van Buren Houding, L.P., is the sole owner of that real property located within Annexation No. 5 in the City of Grand Terrace, San Bernardino County, State of California, and is developing the property as a single-family subdivision. SECTION 3: As a condition of its approval of final tract map, the City required that certain landscape areas adjacent to Tract 18604, 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 of said improvement areas and the improvements thereto. SECTION 4: 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 Consent wherein the 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. Developer's Landowner's Consent is on file with the City Clerk's office. SECTION 5: The City Council hereby orders Charles Abbott Associates, Inc., to prepare and file with the City Clerk the Engineer's Report in accordance with Chapter 1, Article 4 (commencing with Section 22565) and pursuant to Chapter 3, Section 22622 of the Act, for the levy and collection of the annual assessments for the District in accordance with Chapter 2, Article 2, (commencing with Section 22605), of the Act. SECTION 6: The proposed improvements provided by the District to the territory within Annexation No. 5 include the maintenance of landscaped parkways on the north side of Van Buren Street, graffiti removal on the block wall along the east side of the Gage Canal, streetlights, street trees along Tesoro Court and Van Buren Street, and the maintenance of a dual-purpose basin for the retention of water and for a small playground, and may include such improvements, expenses and maintenance as defined in Chapter 1 Article 2 Sections 22525, 22526, 22531 and 22534 of the Act. These improvements are particularly described in the Engineer's Report. SECTION 7: The proposed territory to be included in the District and to benefit from said improvements shall be designated as "Annexation No. 5 of the Landscaping and Lighting Assessment District No. 89-1," City of Grand Terrace, San Bernardino County, State of California, and shall be composed of the area within Tract 18604, as more particularly described in the Engineer's Report, on file in the office of the City Clerk and City Engineer of the City of Grand Terrace and incorporated herein by this reference. SECTION 8: Based upon the forgoing, pursuant to Sections 22585 and 22605 of the Streets and Highways Code, the City Council hereby proposes to annex the land 2019-01 CC RESO Page 2 of 3 March 12, 2019 within Tract 18604 into the City of Grand Terrace Landscaping and Lighting Assessment District No. 89-1 and initiates proceedings for such annexation, as provided above, into the District in accordance with the provisions of the Act. SECTION 9: The City Engineer of the City of Grand Terrace is hereby designated the engineer for the purpose of these annexation proceedings. The City Council hereby directs the City Engineer to file the Engineer's Report with the City Clerk of the City of Grand Terrace 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. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 12th day of March 2019. jDarcy McNab ayor ATTEST: ak �u_� Debra L. Thomas, City Clerk APPROVED AS TO FOR Adrian R. Guerra City Attorney 2019-01 CC RESO Page 3 of 3 March 12, 2019 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF GRAND TERRACE ) I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2019-01 was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, at the regular meeting of said City Council held on the 12th day of March 2019, and that the same was passed and adopted by the following vote: AYES: Council Members Allen, Hussey, Robles; Mayor Pro Tern Wilson; Mayor McNaboe NOES: None. ABSENT: None. ABSTAIN: None. Executed this 13th day of March 2019, at Grand Terrace, California. Debra L. Thomas City Clerk [SEAL]