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Home My WebLink About2006-046 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 NO. 2006-46 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 1959 PORTER STREET. WHEREAS, Ana Medrano, who is the owner of property located in unincorporated territory located at 1959 Porter Street, Assessor's Parcel No. 0268-291-09, has requested connection to the City of San Bernardino's sewage system; and WHEREAS, said property is located within the City of San Bernardino's Sphere of Influence; and WHEREAS, on September 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 system; WHEREAS, pursuant to Californla Government Code Section 56133, a city or district may provide new or extended services by contract or agreement outside its jurisdictional boundaries subject to approval from the Local Agency Formation Commission; and WHEREAS, pursuant to said City's policy relative to the connection of unincorporated properties to the City's sewage system, the property owner(s) requesting connection to the City's sewage system shall pay all applicable fees required by the Local Agency Formation Commission BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor and Common Council of the City of San Bernardino hereby make application to the Local Agency Formation Commission for the connection to the City's sewage system for property located at 1959 Porter Street, Assessor's Parcel No. 0268-291-09, more fully described as follows: 01/30106 1 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 2006-46 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 1959 PORTER STREET. All that certain real property situated in the County of San Bernardino, State of California, described as follows: Lot 95, Tract 2243, in the County of San Bernardino, State of California, recorded in Book 32 of Maps, Pages 21 and 22, in the Office of the San Bernardino County Recorder. SECTION 2. That the Director of Development Services, or his designee, is hereby directed and authorized to file an Application for Extension of Service by Contract, a copy of which is attached hereto as said Exhibit "A" and made a part hereof, with the Local Agency Formation Commission of the County of San Bernardino. SECTION 3. That the Mayor of said City is hereby authorized and directed to execute on behalf of said City, an Irrevocable Agreement to Annex. No. 2006-02, a copy of which is attached as Exhibit "A-I" of said application, upon approval by the Local Agency Formation Commission. SECTION 4. 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 Formation Commission. /II 01/30106 2 2006-46 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 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 1959 PORTER STREET. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ioint re,.ular meeting thereof held on the 21st day of February , 20~, by the following vote, to wit: NAYS ABSTAIN ABSENT Council Members: AYES ESTRADA X LONGVILLE X MCGINNIS X DERRY X KELLEY X JOHNSON X MCCAMMACK X ,0itvui1u{fVi E(b/v~E-!:1-~~ City Clerk () j~t,.iL The foregoing resolution is hereby approved this , / day of February , 20 ~L_. TH V ALLES, Mayor of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney ;/ ". ".L 3 APPLICATION FOR EXTENSION OF SERVICE BY CONTRACT AGENCY TO EXTEND SERVICE: AGENCY NAME: City of San Bernardino CONTACT PERSON: Jeanne'marie E. Fitzpatrick PHONE: 300 N. "0" Street, San Bernardino, Ca 92418 (909) 384-5328 ADDRESS: CONTRACTING PARTY: NAME OF PROPERTY OWNER: Ana Medrano 16186 Walnut Street, Fontana, CA 92336 MAILING ADDRESS: PHONE: (909) 434-1581 ADDRESS OF PROPERTY PROPOSED FOR CONTRACT 1959 Porter Street, San Bernardino, CA 92407 CONTRACT NUMBER/lDENTIFICA TION: Annex. No. 2006-02 PARCEL NUMBER(S) 0268-291-09 ACREAGE: .98 acres The questions which follow are designed to obtain enough data about the proposed contract to allow the Commission 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 infonnation which you believe is pertinent. Use additional sheets where necessary. 1. (a) List type of service(s) to be provided by this contract. Sanitary Sewer EXHIBIT "A" Extension of Service by Contract Application Form (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. The City presently offers City sewer to City residents and to those outside the City by previous agreement. 2. Please provide a description of the service agreement/contract. (Included in this description should be an explanation as to why ajurisdictional change is not possible at this time and whether this extension is an emergency health and safety situation.) Property not contiguous to City boundaries. Property owner will be required to execute a written agreement to annex. 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. 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. Property is in the process of being subdivided into three residential parcels, which is consistent with the City's General Plan. 2 Extension of Service by Contract Application Fonn 6. Has an environmental determination been made for this contract? If yes, provide a copy. If no, please provide an explanation. N/A 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 ~ Subdivision Map or Parcel Map [J Specific Plan iJ General Plan Amendment C Rezoning Other, (provide explanation below) n N/A 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 a 24" sewer pipe in Porter Street which is the street the property is located. 3 Extension of Service by Contract Application Form CERTIFICA TION 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: POSITION TITLE: Real Property Specialist DATED: January 6, 2006 REQUIRED EXHIBITS TO THIS APPLICATION: 1 . 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 signed by official of contracting agency. Please forward the completed form and related information to: KATHLEEN ROLLINGS-MCDONALD, Executive Officer Local Agency Formation Commission 175 West Fifth Street, Second Floor San Bernardino, CA 92415-0490 PHONE: (909) 387-5866 FAX: (909) 387-5871 4 City of San Bernardino Development Services Department Extension of City Services by Contract Plan for Providing Service I. Contract j Agreement Reference: Irrevocable Agreement to Annex No. 2006-02 2. Property Owner: Ana Medrano 3. Property Address: 1959 Porter Street, San Bemardino, CA 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 nonnal permit process now in effect by the City for residential use. All applicable fees will be paid for by the applicant. .' LAFCO SC# IRREVOCABLE AGREEMENT TO ANNEX No. 2006-02 THIS AGREEMENT, entered into thisj} day of (~~~I 20 N" ; by and between Ana Medrano , hereinafter' referred to as "OWNERS," and the CITY OF SAN BERNARDINO, a municipal corporation, hereafter referred to as "CITY." WITNESSETH: WHEREAS, OWNER holds title to the unincorporated parcel(s), located at 1959 Porter Street. San Bernardino Countv. California, and parcel is more fully described in Exhibit "I" attached hereto and made a part hereof. Assessor's Parcel Number(s) 0268-291-09 ; and WHEREAS, said parcel is within the Sphere ofInfluence of CITY; and WHEREAS, OWNER desires to obtain sewer service for said parcel; and WHEREAS, sewer service could be provided to said parcel 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; and WHEREAS, CITY is willing to allow connection of said unincorporated parcel to its sewage system, due to the expectation that said parcel will be annexed to the City of San Bernardino at some future date, due to the fact that the parcel is within CITY'S SphereofInfluence. WHEREAS, the covenants and conditions set forth herein shall create an equitable servitude upon the parcel, and shall be fully binding upon OWNERS' heirs, successors and assigns. ;:j)()(; - {!i'; IRREVOCABLE AGREEMENT TO ANNEX NO. 2006-02 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. 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 Fornlation Commission (LAFCO), and pay all application fees necessary for approval to connect to CITY's sewage system, pursuant to Section 56133 of the Govemment Code. g. To execute a standard form Agreement (Sewer Connection and Service) with CITY stipulating the ten11S and conditions under which the connection shall be made and maintained. IRREVOCABLE AGREEMENT TO ANNEX NO. 2006-02 LAFCO SC# SECTION 2: CITY Agrees- a. To allow OWNERS' parcel, 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 OWNERS securing approval from the Local Agency Formation Commission. IN WITNESS WHEREOF, the pmiies hereto have caused this agreement to be executed by their respective officials thereunto duly authorized. OWNER: CITY OF SAN BERNARDINO By: ib--YYL/L-<:~ ANA MEDRANO By: Approved as to fornl and legal content: ATTEST: /0 it ndtlLJ1t ( d"y ~~!. ~filf4 City Clerk 0 JAMES F. PENMAN City Attorney. ",. r--" I .J' . / /) A/I/ U / .1\ By: /(/: / LC I{L.V . l(J.:. (i k~, / . LEGAL DESCRIPTION APN: 268-291-09 All that certain real property situated in the County of San Bernardino, State of California, described as follows: Lot 95, Tract 2243, in the County of San Bernardino, State of California, recorded in Book 32 of Maps, Pages 21 and 22, in the Office of the San Bernardino County Recorder. Approximately .98 Acres EXHIBIT "1" CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT r~~~~~,.f'j('"~.r:c-ffi<'ff!.&~~~~~#iC~~~.?it':'~~~~~~~,i'V>~~ff:,&~~~ State of California } ss. County of San Bernardino On March 2, 2006 Dale before me, David M. Gutierrez, Notary Public Name and Title of Officer (e.g. "Jane Doe. Notary Public'') personally appeared Judith Valles Name(s) of Signer(s) ,:J personally known to me @ DA\IIO M. GUllEIlREZ ComrnIosIon # 1363195 Notary Public - Colnomlo f San IlemordIno County - MvCarnn fJcptesJ\.n 30. 2006. ~ proved to me on the basis of satisfactory evidence to be the person(a) whose name(lI) islane subscribed to the within instrument and acknowledged to me that Illllltshe/1l1ev executed the same in I1lw/her~r authorized capacity(ie5), and that by jq~er/~~ signature(3) on the instrument the person(99, or the entity upon behalf of which the person(5) acted, executed the instrument. Place Notary Seal Above WITN':Sl'my h:n._d~d~iCi ea!... , /' / , (<r// -# / ./. A'., i -< . c~t:-'-", ~ r ."' '-.6(;.. ....."---..... t:. Signatureo! Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reanachment of this form to another document. Description of Attached Document Title or Type of Document: Irrevocable Agreement to Annex Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - ::: Limited =:J General o Attorney in Fact o Trustee o Guardian or Conservator o Other: TOp 01 thumb here Signer's Name: ::J Individual :J Corporate Officer - Title(s): :::J Partner - C Limited 0 General u Attorney in Fact o Trustee " Guardian or Conservator C Other: RIGHT THUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNER TOp of thumb here Signer Is Representing: Signer Is Representing: '~~~~Y.,;.~~~~~~~~~.'~~.V'~~~~~~~~~~~~ It> 2004 National Notary Association. 9350 De Solo Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ,;-<xxx'.(:/'<<=<<<<=e<'-<x'<X'if===ij',ij'<<===ifif,e<x:;<-,eXXx'<XRX'Q'ifAC<>,,"XXX,GC' C g ~ g 2 g g ~ g ~ g g 2 2 2 g r: ~ g 2 ~ i? )<;, ^ -:'"," State of California } ss. ~ J , County of ''')W'\ fJeiYlCl/dttlo On Nt::UC h ~Cl (O/u.clc ""'k 0'fCl AO - 1Q 2.C(;(, I AY\Ci before me, " ~ Date Namo and Title 01 Oflicer (e.g" "Jane Doe, NolaryPublic") personally appeared Name(s) o! Signer(s) o personally known to me >!i, proved to me on the basis of satisfactory evidence 1-----::----1 _@ c:onv:~4313 I,,; Notary P\tlIIC . CaIi/OmllI I i San Ilemordlno CClUlly 1 -" _ _ ~:o":'~~l:~ to be the personlsJ.- whose name(3l-.is/Me subscribed to the within instrument and acknowledged to me that he/sil6llAey executed the same in his/~ authorized capacity(i&s), and that by ~/her/llll>jr signature(~ on the instrument the person(<rl, or the entity upon behalf of which the personjl() acted, executed the instrument. 3;~CTandGl~L g g g ~ OPTIONAL ~ (S Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent g f fraudulent removal and reattachment (}, this form to another document. g ~ Description of Attached Document ~ ? Title or Type of Document. ruevuable AS ieernZ-1'It to A (I(\Q)\ g g 4 i ~ Document Date: Number of Pages: g g Signer(s) Other Than Named Above: 3uc~+h VaAe:>, 'at'\~ SuN{yC\. M..R.dmc; ~ ~ Capacity(ies) Claimed by Signer I I.. :,::::- IW, Ikd,nN) ~.,__ ~.:, c 0 Corporate Officer - Title(s): ~ g 0 Partner - 0 Limited 0 General g g :J Attorney-in-Fact I.' g 0 Trustee '! g 0 Guardian or Conservator i o Other: I ,,'",", ..,_rn"", ~.,:X<<'C":;6y 'x'x'<X;<<,-<<"'::.<;c<<<<'C,<;-<x..-<<-c-<.-<<-<<<<-<<-<<-<<'C(,-<<'C(,-<<'<X-'<X;<~<>G-<,<<'<X,";)<-'Q<;;Q~~~ @ 1999 National Notary Association' 9350 De Soto Ave_. P_O. 80' 2402. ChatSWllrth, CA 91313'2402. www.NaliooaINotary.org Prod No. 5907 Reordef: Ca~ TolI.Free , .800-876~27 Signature of Notary PubliC ,;~