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HomeMy WebLinkAbout2002-106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20C2-106 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR PROVIDING CITY SEWER SERVICES TO PROPERTY WITHIN UNINCORPORATED TERRITORY LOCATED AT 4180 NORTH "E" STREET. WHEREAS, Buffalo Land, LLC is the owner of property in unincorporated territory located at 4180 North "E" Street, also know as Assessor's Parcel No, 0265-181-01, and; WHEREAS, said owner has requested connection to the City of San Bernardino's sewage systern; and WHEREAS, said property is located within the City of San Bernardino's Sphere of Influence; and WHEREAS, on Septernber 9, 1997, the City of San Bernardino adopted Resolution No, 97-275, establishing a policy relative to the connection of unincorporated properties to the City's sewage systern; and WHEREAS, pursuant to California Governrnent Code Section 56133, a city or district rnay provide new or extended services by contract or agreernent outside its jurisdictional boundaries, subject to approval frorn the Local Agency Forrnation Cornrnission; and WHEREAS, pursuant to said City's policy relative to the connection of unincorporated properties to the City's sewage systern, the property owner requesting connection to the City's sewage systern shall pay all applicable fees required by the Local Agency Formation Comrnission, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor and Cornrnon Council of the City of San Bernardino hereby rnake application to the Local Agency Forrnation Cornrnission for the connection to the City's sewage 03/19/02 ,---. -- 2002-106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION MAKING APPLICATION TO THE LOCAL AGENCY FORMA nON COMMISSION FOR THE CONNECTION OF UNINCORPORATED PROPERTY LOCATED AT 4180 NORTH "E" STREET TO THE CITY'S SEWER SYSTEM systern for property located at 4180 North "E" Street, known also as Assessor's Parcel No. 0265- 181-01, rnore fully described in said application, a copy of which is attached hereto as Exhibit "A" and rnade a part hereof, SECTION 2. That the Mayor of said City is hereby authorized and directed to execute on behalf of said City, an Irrevocable Agreernent to Annex No, 2002-01, a copy of which is attached as Exhibit "I" of said application, upon approval of said application by the Local Agency Forrnation Cornrnission. SECTION 3. That the City Clerk of said City is hereby authorized and directed to file, or cause to be filed, a certified copy of this resolution with the Executive Officer of the Local Agency Forrnation Cornrnission. 1/1 //1 //1 03/19/02 2 2002-106 RESOLUTlON MAKING APPLlCATlON TO THE LOCAL AGENCY FORMATlON COMMISSION 1 FOR THE CONNECTlON OF UNINCORPORATED PROPERTY LOCATED AT 4180 NORTH "E" STREET TO THE CITY'S SEWER SYSTEM 2 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a joint regular meeting thereof 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 held on the 15 th day of Avril , 20 R-, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN x MCGINNIS x x DERRY SUAREZ x ANDERSON x MCCAMMACK X $I~ iJ ~ The foregoing resolution is hereby approved this I{".,.h day of April ,20~, Approved as to form and legal content: .~ JAMES F, PENMAN City Attorney 1 ,~ , By: ~~ '7. V 03/19/02 3 2002-106 APPLICATION FOR EXTENSION OF SERVICE BY CONTRACT AGENCY TO EXTEND SERVICE: AGENCY NAME: City of San Bernardino Laszlo "Les" Fogassy CONTACT PERSON: ADDRESS: 300 N, "D" Street, San Bernardino, Ca 92418 (909) 384-5026 PHONE: CONTRACTING PARTY: NAME OF PROPERTY OWNER: Buffalo Land LLC MAILING ADDRESS: 3120 Main Street, Alhambra, CA 91801 PHONE: (909) 883-8947 Ext 17 ADDRESS OF PROPERTY PROPOSED FOR CONTRACT 4180 North "E" Street, San Bndo, 92407 CONTRACT NUMBER/IDENTIFICA TION: Irrevocable Agreement to Annex No, 2002-01 PARCEL NUMBER(S) 0265-181-01 ACREAGE: ,92 Acres MIL The questions which follow are designed to obtain enough data about the proposed contract to allow the Conunission and staff to adequately assess the service extension. By taking the time to fully respond to the questions below, you can reduce the processing time for this application, You may include any additional information which you believe is pertinent. Use additional sheets where necessary. EXHIBIT "A" 20C2-106 Extension of Service by Contract Application Form 1. (a) List type of service(s) to be provided by this contract, Sanitary Sewer (b) Are any of the services identified above "new" services to be offered by the agency? If yes, please provide explanation, No existing sewer services to this property 2, Please provide a description of the service agreement/contract. (Included in this description should be an explanation as to why a jurisdictional change is not possible at this time and whether this extension is an emergency health and safety situation,) Service AgreementlContract provides for a non-revocable agreement to annex this parcel to the City, Annexation now would not straighten out boundaries in this area, 3, Is annexation of the territory by your agency anticipated at some future time? Please provide an explanation, There are no immediate plans for annexation, However, this area is part of a larger unincorporated area, abutting City boundary on the North side of the property, 2 2002-106 Extension of Service by Contract Application Form 4, Is the property to be served within the Agency's sphere of influence? Yes 5, If the service extension is for development purposes, please provide a complete description of the project to be served, Service request is due to a proposed development of four single family homes 6, Has an environmental determination been made for this contract? If yes, provide a copy, If no, please provide an explanation, NIA 7, Are there any land use entitlements involved in the project or contract? If yes, please provide a copy of the documentation for this entitlement, Please check those documents attached: Tentative Map and Conditions D Subdivision Map or Parcel Map D Specific Plan D General Plan Amendment D Rezoning D Other, (provide explanation below) D N/A 3 2002-106 Extension of Service by Contract Application Form 8, Please provide a detailed description of how services are to be extended to the property, Your response should include, but not be limited to, an explanation of distance for connection to existing infrastructure to site, the cost of improvements, how financing is to occur, and any special financial arrangement for later repayment. The City of San Bernardino presently has an 8" sewer main in 48th Street, approximately 320' from the property proposed to be connected, Property owner will extend the main at their costs. CERTIFICATION I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this evaluation of service extension to the best of my ability, and that the facts, statement and information presented herein are true and correct to the best of my knowledge and belief. SIGNED BY: Date: 3/ }-'/2 t't "7 , I POSITION TITLE: Real Prooertv Supervisor REQUIRED EXHIBITS TO THIS APPLICA nON: I, Copy of the agreement. 2, Map showing the property to be served, existing agency boundary, and the location of infrastructure to be extended. 3, Plan for providing service, Please forward the completed form and related information to: JAMES M, RODDY, Executive Officer Local Agency Formation Commission /75 West Fifth Street, Second Floor San Bernardino, CA 924 I 5-0490 PHONE: (909) 387-5866 FAX: (909) 387-5871 4 2002-106 LAFCO SC# IRREVOCABLE AGREEMENT TO ANNEX No. 2002-01 THIS AGREEMENT, entered into this day of 20 ; by and between BUFFALO LAND LLC referred to as "OWNER," and the CITY OF SAN BERNARDINO, corporation, hereafter referred to as "CITY," , hereinafter a municipal WITNESSETH: WHEREAS, OWNER holds title to the unincorporated parcel(s), located at, 4180 North "E" Street, San Bernardino, California, and parcel(s) is (are) more fully described in Exhibit "I-A" attached hereto and made a part hereof, Assessor's Parcel Number(s) 0265-181-01 ; and WHEREAS, this (these) parcel(s) is (are) within the Zone ofInfluence of CITY; and WHEREAS, OWNER desires to obtain sewer service for said parcel(s); and WHEREAS, sewer service could be provided to said parcel(s) by connecting to the CITY'S sewage system; and WHEREAS, CITY'S sewage system and wastewater treatment plant have sufficient capacity to convey and treat the sewage generated by said parcel(s); and WHEREAS, CITY is willing to allow connection of this (these) unincorporated parcel(s) to its sewage system, due to the expectation that said parcel(s) will be annexed to the City of San Bernardino at some future date, due to the fact that the parcel(s) is (are) within CITY'S Zone ofInfluence, WHEREAS, the covenants and conditions set forth herein shall create an equitable servitude upon the parcel(s), and shall be fully binding upon OWNER'S heirs, successors and assigns, EXHIBIT "1" 2002-106 IRREVOCABLE AGREEMENT TO ANNEX NO, 2002-0 I LAFCO SC# NOW, THEREFORE, the parties hereto agree as follows: SECTION 1: OWNER Agrees -- a. To grant irrevocable consent to annex to the City of San Bernardino at such time as the annexation may be properly approved through appropriate legal proceedings, and owner does further agree to provide all reasonable cooperation and assistance to the CITY in the annexation proceedings, Said cooperation is contemplated to include signing any applications of consent prepared by the CITY, and submitting any evidence reasonably within the control of OWNER to the various hearings required for the annexation, Said cooperation does not include, however, any obligation on behalf of OWNER to institute any litigation of judicial proceeding whatsoever to force the annexation to the City of San Bernardino, b, To pay such annexation fees and costs and other municipal charges as would ordinarily be charged in the annexation of property to the CITY, Said fees shall be payable when the same becomes due and payable, (In some circumstances, these fees may be borne by CITY.) c. To pay all fees and charges and make all deposits required by the CITY for connection to and use of CITY'S sewer, and further agrees to be bound by all CITY ordinances, rules and regulations respecting the sewage system, d, To acknowledge that execution of this Irrevocable Agreement to Annex is on behalf of all future heirs, successors and assigns; and that said Agreement shall be irrevocable without written consent of CITY, e, To comply with Chapter 13,32, of the San Bernardino Municipal Code relating to discharge of materials into CITY's sewage system, f. Allow CITY to make application on behalf of the Owner to the Local Agency Formation Commission (LAFCO), and pay all application fees necessary for approval' to connect to CITY's sewage system, pursuant to Section 56133 of the Government Code, g, To execute a standard form Agreement (Sewer Connection and Service) with CITY stipulating the terms and conditions under which the connection shall be made and maintained, 2002-106 IRREVOCABLE AGREEMENT TO ANNEX NO. 2002-01 LAFCO SC# SECTION 2: CITY Agrees- a, To allow OWNER's parcel(s), described hereinbefore, to connect to the City of San Bernardino's sewage system, subject to payment of all applicable fees and permits, SECTION 3: Be it mutually agreed, as follows: a, City Clerk for CITY shall record this agreement with the County Recorder. b, The benefit to the subject parcel(s) will inure to the benefit of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land, c, The approval granted to connect said parcel(s) to City's Sewage is contingent upon OWNER securing approval from the Local Agency Formation Commission, IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officials thereunto duly authorized. BUFFALO LAND LLC CITY OF SAN BERNARDINO Title: By A.4ST: ~ ( . 1-1 C' ~ L ( 'LC-.I '-c.{"/ , /:.((. tJ<-" . City Clerk le.~ Mayor By: Approved as to form and legal content: JAMES F, PENMAN City Attorney o " By:'/tz'?/)v7 T ./'e::.7..W"-<'........ iJ '-/ 2002-106 EXHIBIT "I-A" The north 252 feet of Lot 5, Arrowhead Suburban Farms, as per plat recorded in Book 21 of Maps, Page 2, records of the County Recorder of San Bernardino County, State of California, EXCEPTING therefrom the south 123 feet. I · . I I I I j ~ I I- W W 0::: I- Cf) I .lJ :Co 1-0 CO'" ~ ! 1 I I 133~lS "H --~ .. 1- ~" :EI .::;. ~I uj o. '''1 12 "," ,:I ,," lIlt "" ~I .lJ _._._ i 0 -"I ;;; , I , I , I , I I- W W 0::: I- Cf) I , <:J co ~ e 0..; <::( ..... a.. I o Z N ~ I , I , ---~ 1\ 2002 106 a::i vj ,S; CO o .c..... '- Q) () 3: : Q) coCl) 133mS ..3.. H.l~ON ---=-- o N .6Z1 .\:ZL Qj ~ 1i5 ~ "" C\l a::i ~ CI) w . ~ " 0..; ~ t:: CO 0..; :J ..Q :J CI) 133~lS .d.. 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I 0.. ~ Z Cf) '" - => \.1" o I "- 0::: I- ..t' <( Z .\ z" 0::: S .:1;; W 0 -.\ CD I " .. zCf)EE <(z"" (I)-OlOl _ <(corn Co2~~ uu - N - - E-- """ ~ == ~ ~ 2002-106 City of San Bernardino Development Services Department Extension of City Services by Contract Plan for Providing Service 1, Contract I Agreement Reference: Irrevocable Agreement to Annex No, 2002-1 2, Property Owner: Buffalo Land. LLC 3, Property Address: 4180 North "E" Street, San Bernardino. CA 92407 4, Service to be provided: Connection to Sewer System 5. Service to be provided as follows: Property owner will apply for sewer connection services through the normal permit process now in effect by the City for City residents. All applicable fees will be paid for by the property owner. EXHIBIT "3"