HomeMy WebLinkAbout2006-048
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RESOLUTION NO.
2006-48
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 4136 MOUNTAIN DRIVE.
WHEREAS, Starlight Mgmt - 17, LP, a California Limited Partnership, which is the owner
of property located in unincorporated territory located at 4136 Mountain Drive, Assessor's Parcel
No. 0265-151-10, 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 California 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 Cornmon 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 4136 Mountain Drive, Assessor's Parcel No. 0265-151-10,
more fully described as follows:
01130/06
I
2006-48
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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 4136 MOUNTAIN DRIVE
All that certain real property situated in the County of San Bernardino, State of California,
described as follows:
The south one-half of the north one-fifth of Lot 19 and the south one-half of the north two-
fifths of Lot 19, Arrowhead Suburban Fanns, Tract "A", in the County of San Bernardino,
State of California, as per plat recorded in Book 21 of Maps, Page 6, Records of said
County.
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. 2006-01, 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.
1//
01/30/06
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2006-48
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 4136 MOUNTAIN DRIVE
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 regular
meeting thereof
held on the 21st day of
February
,20~, by the following vote, to wit:
Council Members: AYES
ESTRADA X
LONGVILLE x
MCGINNIS X
DERRY X
KELLEY X
JOHNSON X
MCCAMMACK
NAYS
ABSTAIN ABSENT
X
y{an[b~tu. hi f ;jj~{u / 1; t
City Clerk
'l'.2/':?
The foregoing resolution is hereby approved this /l / day of February ,20..QQ.___
~-
H V ALLES, Mayor
of San Bernardino
Approved as to form
and legal content:
3
APPLICATION FOR
EXTENSION OF SERVICE BY CONTRACT
AGENCY TO EXTEND SERVICE:
AGENCY NAME:
City of San Bernardino
CONTACT PERSON:
leanne'marie E. Fitzpatrick
PHONE:
300 N. "D" Street, San Bernardino, Ca 92418
(909) 384-5328
ADDRESS:
CONTRACTING PARTY:
NAME OF
PROPERTY OWNER:
Starlight Management-17, LP, A California
Limited Partnership
4900 Santa Anita, Suite 2B, El Monte, CA 91731
MAILING ADDRESS:
PHONE:
(213) 200-8119
ADDRESS OF PROPERTY
PROPOSED FOR CONTRACT
4136 Mountain Drive, San Bernardino, CA
92407
CONTRACT NUMBERlIDENTIFICA nON:
Annex. No. 2006-01
PARCEL NUMBER(S)
0265-151-10
ACREAGE:
1.25 acres (54,528 square feet)
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. Yau 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 "An
Extension of Service by Contract
Application Fonn
(b) Are any of the services identitied above "new" services to be offered by the agency') If
yes, please provide explanation.
No existing sewer services to this property. City presently offers City sewer to City
residents and 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 a jurisdictional 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 four additional residential (single
family lots) which is consistent with the City's General Plan.
2
Extension of Service by Contract
Application Form
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 0
Specific Plan lJ
General Plan Amendment 0
Rezoning C
Other, (provide explanation below)
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 ala" sewer pipe in 4151 Street which is
approximately 380 feet south of the property and a 10" sewer pipe in Fourth Avenue
which is 3pproxim3tely 700 feet west of the property
3
Extension of Service by Contract
Application Fonn
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:
POSlTlON TITLE:
Real Property Specialist
DATED:
January 6, 2006
REQUIRED EXHIBITS TO THIS APPLICATION:
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 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
1. Contract / Agreement Reference:
Irrevocable Agreement to Annex No. 2006-01
2. Property Owner:
Starlight Mallagement-17. LP, A California Limited Partnership
3. Property Address:
4136 Mountain Drive. San Bernardino. CA
4. Service to be provided:
Connection to Scwer Svstem
5. Service to be provided as follows:
Propertv owner will apply for sewer connection services
through the normal 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. 2006-01
THIS AGREEMENT, entered into tbis 'lIt day of 7'/1,,/::" I-
20 ()(; ; by and between STARLIGHT MANAGEMENT-17. LP A
CALIFORNIA LIMITED PARTNERSHIP , hereinafter referred to as "O\VNERS,"
and the CITY OF SAN BERNARDINO, a municipal corporation, hereafter referred to
as "CITY."
WITNESSETH:
WHEREAS, OWNER holds title to tbe unincorporated parcel(s), located at 4136
MOlll1tain Drive, San Bernardino County, California, and parcel is more fully described
in Exhibit "I" attached hereto and made a part hereof.
Assessor's Parcel Number(s) 0265-151-10 ; and
WHEREAS, said parcel is within the Sphere of Influence of CITY; and
WHEREAS, OWNERS desire 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
Spbere of Influence.
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.
:; /1/J !. -' L./!?
IRREVOCABLE AGREEMENT TO ANNEX NO.
2006-0 I
LAFCO SC#
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I: 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 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 tenns and conditions under which the connection
shall be made and maintained.
IRREVOCABLE AGREEMENT TO ANNEX NO.
2006-01
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 pern1its.
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 parties hereto have caused this agreement to be
executed by their respectivc officials thereunto duly authorized.
OWNER:
CITY OF SAN BERNARDINO
STARLIGHT MGMT-17, LP, A
CALIFORNIA LIMITED PARTNERSHIP
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By:
By:
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Approved as to form
and legal content:
ATTEST:
.. J:1and10}}LetUi){L', llep-t-ift
CIty Clerk . cr
JAMES F. PENMAN
City Atto;tley
, , ;'
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By: /1 /Y'U..I. i fr..
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Legal Description
APN: 0265-151-10
All that certain real property situated in the County of San Bernardino, State of
California, described as follows:
The south one-half of the north one- fifth of Lot 19 and the south one-half of the
north two-fifths of Lot 19, Arrowhead Suburban Farms, Tract "A", in the County
of San Bernardino, State of California, as per plat recorded in Book 21 of Maps,
Page 6, Records of said County.
Approximate Area: 1.25 Acres
EXHIBIT "1"
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
r:<"vC<"~~.,..iio&ffiO'~~~.cc.&*'>~~~~~~~~..0(.'~~~~~-.iAt'>k)t
State of California
Cou nty of
San Bernardino
} ss.
On
March 2, 2006
Date
before me,
David M. Gutierrez, Notary Public
Name and Title of Officer (e_g., "Jane Doe. Notary Public")
personally
appeared
Judith Valles
Name{s) oISigner(s)
U personally known to me
~ DAVID M, GUnfnRQI
- . Commls$lon '" 1~~Z194
I".. - o' Notary Publl~ - Ct;JU:i')f'llaj
San ilomardlno C;oun)y (
MyConm~J;.n3a,~",,,,~
[Jj proved to me on the basis of satisfactory evidence
to be the person(s) whose name(sj is/are subscribed
to the within instrument and acknowledged to me that
kBishe/tllllf executed the same in ~/her!l<l1glr
authorized capacity(iu), and that by :tJis/her/1beir
signature(5i on the instrument the person(:s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
i'-'
Place Nolary Seal Above
WITNESS my hand and official !i,eal.
/~.-., <"'~ (/'.
/ /. (c C //~..,
, {. c (,'___.... r" ,_- ,-
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Signature of Notary Public
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OPTIONAL
Though the information below is not required by law, it may prove valuable to persons refying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Application For Extension of Service By Contract
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
C Individual
D Corporate Officer - Title(s):
C Partner - D Limited D General
= Attorney in Fact
[] Trustee
o Guardian or Conservator
:J Other:
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Signer's Name:
C Individual
[J Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
LJ Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
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Signer Is Representing:
Signer Is Representing:
,"<,.~~~~'Ql.;.~~~~~~~~~~'o;;;i.V~~'CN-~~~~~~~~~~~'Q(;.'QY.~~-g:
@2004 National Notary Association' 9350 De Solo Ave., P.O. Box 2402 . Chalsworth, CA - 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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I State of California }
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County of '^' 7 "."UO
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On ~ B,"Uo<O ,before me,
Date
c..ta-.<---~tel1--- eo D U......"''-frl.-S
Name and Title of Officer {e,g "Jane Doe, Notary Public"}
S. N,~\"",-
personally appeared t'--l \ v<JC
Name(s}ofSigner{s)
~onally known to me
o proved to me on the basis of satisfactory
evidence
I
to be the person(~ whose name(sf is/ate
subscribed to the within instrument and
acknowledged to me that he/shetthey executed
the same in his/hefI#leir authorized
capacity(ies), and that by his/heritfteir
signature{J1 on the instrument the person(~, or
the entity upon behalf of which the person~
acted, executed the instrument.
,
.,
,1. "HRISTOPHER E. OUM~Y~S .~
Comm.#1418490 III
-Ill N01!RY pU8L~.C!l.WOllllIA _
lOlAnt<ltsCOllllY
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WIT~~~ yy)and and official seal.
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Signature 01 Nolary Public
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Place Notary Seal Above
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 reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
[J Individual
[] Corporate Officer - Title(s):
[] Partner - 0 Limited [] General
[] Attorney in Fact
[] Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
Top 01 thumb here
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@1997NationaINolaryAssociation.9350DeSotoAve" P.O. Box 2402. Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
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