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Home My WebLink About2006-115 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 r RESOLUTION NO. 2006-115 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 GENERALLY LOCATED NORTH OF CAJON BOULEVARD AND WEST OF PALM AVENUE WHEREAS, SB Ventures II LLC, owner of property located in unincorporated territory generally north of Cajon Boulevard and west of Palm Avenue, known as Assessor's Parcel Numbers 0266-021-29, 0266-012-13, 0266-021-28 and 0266-021-43, 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 generally located north of Cajon Boulevard and west of Palm Avenue, 04/11/06 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 GENERALL Y LOCATED NORTH OF CAJON BOULEVARD AND WEST OF PALM A VENUE known as Assessor's Parcel Numbers 0266-021-29, 0266-012-13, 0266-021-28 and 0266-021-43, more fully described in Exhibit "A" attached hereto and made a part hereof. 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 "B" 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. 2006-05, a copy of which is attached as Exhibit "B 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 25 26 27 28 04/27/06 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 GENERALLY LOCATED NORTH OF CAJON BOULEVARD AND WEST OF PALM A VENUE 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 1st day of , 20~, by the following vote, to wit: May Council Members: AYES ESTRADA X BAXTER x MCGINNIS x DERRY x KELLEY x JOHNSON x MCCAMMACK NAYS ABSTAIN ABSENT x (:) ~ e.J....l IJ. e.l~ ~lerk ~- The foregoing resolution is hereby approved this.:J day of May , 20 ~ or 25 Approved as to form: 26 27 28 04/27/06 3 2006-115 EXHIBIT "B-1" LAFCO SC# IRREVOCABLE AGREEMENT TO ANNEX No. 2006-05 THIS AGREEMENT, entered into this day of 20 ; by and between SB Ventures II LLC , 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 2910 North Macy Street, San Bernardino County, California, and parcels are more fully described in Exhibit "A" attached hereto and made a part hereof. Assessor's Parcel Number(s) 0266-021-29,0266-012-13,0266-021-28 and 0266-021-43 ; and WHEREAS, said parcel is within the Sphere ofInfluence of CITY; and WHEREAS, OWNERS desire to obtain sewer service for said parcels; and WHEREAS, sewer service could be provided to said parcels 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 parcels 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 Sphere ofInfluence. 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. 2006-115 IRREVOCABLE AGREEMENT TO ANNEX NO. 2006-05 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 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. 2006-115 IRREVOCABLE AGREEMENT TO ANNEX NO. 2006-05 LAFCO SC# SECTION 2: CITY Agrees- a. To allow OWNERS' parcels, 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 parcels 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 parcels 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 respective officials thereunto duly authorized. SB VENTURES II LLC CITY OF SAN BERNARDINO OWNER B~~~ PAT KJ.M~Mayor By: ATTEST: ~dd /;)C!,d City Clerk Approved as to Form: JAMES F. PENMAN CitYA~eY ~/l JJL .~ By: ~~