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HomeMy WebLinkAbout20-Development Services "I ORIGINAL .,- CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Authorization to Proceed and Resolution Making Application to the Local Agency Formation Commission for Sewer Services Outside City Boundaries - 4230 N. Fourth Avenue Dept: Development Services Date: October 30, 2006 File No. 12.0IA-14 Synopsis of Previous Council Action: MCC Date: 11/06/2006 09/29/97 --- Resolution 97-275 was adopted, approving a policy relative to connection of unincorporated properties to the City's sewage system. Recommended Motion: I. That the Director of Development Services be authorized to initiate proceedings for the provision of City sewer services outside of City boundaries for property located at 4230 N. Fourth Avenue; AND 2. Adopt Resolution. Vutuj; t. fMr Valerie C. Ross Contact person: Ryan Sandoval Staff Report, Application, Supporting data attached: Map, and Resolution Phone' 5226 N/A (Surrounded by 4'" & 5'" Ward: Wards) FUNDING REQUIREMENTS: Amount: $1,000 (Processing Fee paid by applicant Source: Acct # 001-000-4780-0000 Account Description: Misc. Recovery/ Processing Fee Finance: Council Notes: ~so ~r., -379 Agenda Item No. II {i;jIHL- 10 e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Authorization to Proceed and Resolution Making Application to the Local Agency Formation Commission for Sewer Services Outside City Boundaries - 4230 N. Fourth Avenue. BACKGROUND: On July 11,2006, this office received a request from Marcia Valles, owner of property located at 4230 N. Fourth Avenue, for connection to the City's sewer system. The property is located in an unincorporated residential area, generally east of Cypress Drive, between 48th Street (42nd Street) and Reservoir Drive within the City's sphere of influence. This property is currently served by septic tank system and the owner stated that she can no longer financially afford to keep repairing or replacing this septic system. In 1994, the California Government Code was amended by the addition of Section 56133, which requires the Local Agency Formation Commission (LAFCO) to approve the provision of new City services outside its corporate boundaries. The annexation of single parcels is not desirable since it creates uneven boundaries and creates confusion regarding the delivery of other City services. In September of 1997, the City adopted a policy relative to the provision of sewer services outside of City boundaries. The policy includes the payment of a $1,000 City processing fee. Additionally, the petitioner will pay all LAFCO related fees directly to LAFCO and the normal sewer capacity and hook-up fees to the City. The policy also requires the land use to be consistent with the City's General Plan and the property owner to execute an "Irrevocable Agreement to Annex" in the event that this property is included in an annexation proceeding sometime in the future. The Water Department has indicated that there is adequate sewer capacity to serve this property .- there is a I O-inch pipe ihat runs along 4th A venue. The Planning Department has indicated that the existing land use is consistent with the City's General Plan. The applicant has paid the $1,000 processing fee. LAFCO requires that the application be made by the agency that is to provide the service. The attached Resolution makes application to LAFCO. Upon approval by LAFCO, the Irrevocable Agreement to Annex will be executed between the City and the applicant. FINANCIAL IMPACT: The $1,000 processing fee has been paid by the applicant to cover the City's cost for the proceedings and all applicable LAFCO fees. The applicant will pay the sewer hook-up fees. RECOMMENDA nON: Staff recommends that authorization be given to proceed with the proposed sewer hook-up and that the attached Resolution making application to LAFCO be approved. Exhibits: "A" - Application "B" - Vicinity Map "C" - Plan Map . I I , I 11 21 I 31 4 5 6 7 8 9 10 11 121 131 I 141 15 ! 16 17 18 19 20 21 . 22 . 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY OF SAI'i BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR PROVIDll\G CITY SEWER SERVICES TO PROPERTY WITHI!\' UNINCORPORATED TERRITORY LOCA TED AT 4230 N. FOURTH A VENUE WHEREAS, Marcia Valles, the owner of property located in an unincorporated residential territory located at 4230]\;. Fourth Avenue, Assessor's Parcel No. 0265-094-11, has requested cOlmection 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 \VHEREAS, 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; and 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 RESOL VED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERc"'ARDlNO AS FOLLOWS: SECTION L That the Mayor and Common Council of the City of San Bernardino hereby make application to the Local Agency Fonnation Commission for the connection to the City's sewage system for property located at 4230 N. Fourth Avenue, Assessor's Parcel No. 0265-094-11, more fully described as follows: 10/05/06 1 -#-o?D II /04>ft~ . e 5 6 7 8 9 10 11 12 13 14 15 16' 17 18 19 20 21 22 23 24 25 26 e 27 28 e 'c'1 1 2 3 RESOLlTIO:'i OF THE CITY OF SAN BER;'\ARDINO :\cIAKlNG APPLICATION TO THE LOCAL AGE'iCY FOR;\lATlON COM:\cIlSSIOI'i FOR PROnDII'iG CITY SEWER SERnCES TO PROPERTY WITHIN CI'iINCORPORA TED TERRITORY LOCATED AT 4230 N. FOURTH A VEI'iCE 4 All that certain real property situated in the County of San Bernardino, State of California, described as follows: Lot 68, Tract No. ] 748, Arrowhead Suburban Farms Tract "E", County of San Bernardino, State of California, recorded in Book 25 of Maps, Page 59, records of said County. Excepting the north 53 feet. SECTION 2. That the Director of Development Services, or her designee, is hereby directed and authorized to file an Application for Extension of Service by Contract, a copy of which is attached hereto as 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. 2006-06, a copy of which is attached as Exhibit "A- I" of said Application, upon approval by the Local Agency Fornlation Conmlission. 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 Fornlation Commission. 11/ 10/05/06 2 . 1 2 3 4 5 6 7 8 9 10 11 12 e 13 14- 1511 16 I 17 . 18 19 20 21 22 23 24 25 26 27 28 - -'~'--"7:~"l["~ II I RESOLt'TIO," OF THE CITY OF SA;'; BER.'\'ARDI;';O '\lAKING APPLICATIOl'i TO THE LOCAL AGE!\TY FOR.\IA TIO:\' COMMISSION FOR PROVIDll'iG CITY SEWER SERVICES TO PROPERTY WITHIN l'NI:\'CORPORATED TERRITORY LOCATED AT 4230 N. FOl'RTH AVENUE I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Counci I of the City of San Bernardino at a meeting thereof held on the day of ,20_, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER VACANT DERRY KELLEY JOHNSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this ,20_ day of PATRICK J. MORRIS, Mayor City of San Bernardino ro,oo ~ =J2lcu-tl JA:v1ES F. ENMAN, City Attorney 10/05/06 3 I I e e e '" ' ;,.!:, APPLICATION FOR EXTENSIOl'i OF SERVICE BY CONTRACT AGENCY TO EXTEND SERVICE: AGE0:CY NAME: City of San Bernardino CO'\!TACT PERSO~: Ryan Sandoval ADDRESS: 300 N. "D" Street. San Bernardino, Ca 92418 (909) 384-5226 PHO)\;E: CONTR4.CTIl'IG PARTY: )\;A'vlE OF PROPERTY O\V!\ER (S): Marcia Valles \IAILI0:G ADDRESS: 4230 N. Fourth Avenue, San Bernardino, 92407 PHO!\'E: (909) 883-60] 8 ADDRESS OF PROPERTY PROPOSED FOR CO:\TRACT 4230 N. Fourth Avenue, San Bernardino, 92407 CO)\;TRACT NUMBERJIDEl'TIFICA no)\;: Irrevocable Agreement to Annex No. 2006-06 PARCEL NUMBER(S) 0265-094-11-0000 10,150 sq. ft ACREAGE: The questions that 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 information that you believe is pertinent. Use additional sheets where necessary. r .~... . . e ".;~ Extension of Service by Contract ApplicatIOn Form I. (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 selVer services to this property o 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 lime and whether this extension IS an emergency health and safety SIlUa110n.) Property owner will be required to execute irrevocable agreement to annex. 3. Is annexation of the tern tory by your agency anticipated at some future time? Please provide an explanation. There are no immediate plans for annexation. 2 r:-~-"- e e e Extension of Service by Contra(t Application Fom1 4. Is the property to be serveJ within tlie Agency's sphere of influence" Yes 5. If the service extension IS for devclopment purposes, please provide a complete description of the projcct to be scrved. Residence already exists and is cutTently on a septic tank system. 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 ~1ap , I Specific Plan =:J General Plan Amendment r; Rezoning Other, (provide explanation below) C" '--" ::J N/A 3 e e e 0-.'; '._;.;;:?~""."'., -- Extension of Ser\'lce by Contracr Application Foml s. Please proVIde a detailed description of holV services are to be extended to the property. Your response should lI1clude, but not be limited to, an explanal10n of distance for connectIOn to existing infrastructure to site, the cost of improvements, how financing is to occur, and any special tinancial an-angement for later repayment. The City of San Bernardino presently has a 10" sewer main in Fourth A venue, and the street is adjacent to the parcel requesting the connection. CERTIFICATION I hereby certify that the statements furnished above and in the attached exhibits present the data and informatIOn required for thts 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. CITY OF SAN BERNARDINO 10/,,.1.. l.o < ~ Date: SIGNED BY: Ryan Sandoval POSITION TITLE: Real Property Specialist 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 intrastructure to be extended. 3. Plan for providing service signed by official of contracting agency. Please forward the completed form and related mformation to: Local Agency Formation Commission 175 West Fifth Street, Second Floor San Bernardino, CA 924 I 5-0490 PHONE: (909) 387-5866 FAX: (909) 387-5871 4 -""::"1"'.'.:i-i, e 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 ~o. 2006-06 2. Property Owner: Marcia Valles 3. Property Address: 4230 N. Fourth Avenue. San Bernardino. 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 normal permit process now in effect by the City for residential use. All applicable fees will be paid for by the applicant as follows: .e Sewer Capacity Fee: $3,500.00 per dwelling unit Sewer Connection fee: $362.96 Note: . All improvements including the construction of laterals are the responsibility of the property owner. e ~--_.. e It It LAFCO SC# IRREVOCABLE AGREEMEl'<T TO Al'<NEX No. 2006-06 THIS AGREEMENT, entered into this day of 20 06 ; by and between MARCIA V ALLES. hereinafter referred to as "OWNER," 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 4230 N. Fourth Avenue. San Bernardino Countv. California, and parcel is more fully described as follows: Lot 68, Tract No. 1748, Arrowhead Suburban Farms Tract "E", County of San Bcrnardino, Staie of California, recorded in Book 25 of Maps, Page 59, records of said County. Excepting the north 53 feet. Assessor's Parcel Number(s) 0265-094-11: 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 Sphere of Influence. WHEREAS, the covenants and conditions set forth herein shall create an equitable servitude upon the parcel, and shall be fully binding upon OWNER'S heirs, successors and assigns. IRREYOCABLE AGREEME:-;T TO A,,"'EX:-:O 2006-06 LAFCO SC# e 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. It 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 fUl1her 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. e . e e. lkRE\'OCABLE AGREE\IE;-..'T TO ^,,'NEX NO. LAFCO SC# 2006-06 SECTION 2: CITY Agrees- a. To allow OW~ER'S parcel, described herein before, to connect to the City of San Bernardino's sewage s) stem, subject to payment of all applicable fees and pennits. 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 Fornlation Commission. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective official's thereunto duly authorized. OW;,\ER: CITY OF SA~ BERc'lARDINO By: MARCIA V ALLES By: PATRICK J. MORRIS, Mayor ATTEST: City Clerk roved as to form: e e e APPLICATlOl"i FOR EXTE;\'SIOl"i OF SERVICE BY COl"iTRACT AGENCY TO EXTEND SERVICE: AGENCY !\A:'IE: City of San Bernardino CONTACT PERSO!\: Ryan Sandoval ADDRESS 300J'i. "D" Street, San Bernardino, Ca 92418 (909) 384-5226 PHO'\E: CONTRACTING PARTY: "lA\IE OF PROPERTY OWNER (S): Marcia Valles \1AILt'\G ADDRESS: 4230 N. Fourth Avenue, San Bernardino, 92407 PHO'\E: (909) 883-6018 ADDRESS OF PROPERTY PROPOSED FOR CONTRACT 4230 N. FOUl1h Avenue, San Bernardino, 92407 CO"lTRACT NUMBER'IDENTIFICATION: Irrevocable Agreement to Annex No. 2006-06 PARCEL ,,"'UMBER(S) 0265-094-11-0000 10,150 sq. ft ACREAGE: The questions that follow are designed to obtain enough data about the proposed conlTact to allow the Commission and staff to adequately assess the service extension. By taking the time to fully respond to the questlOns below, you can reduce the processing time for this application. You may include any additional information that you believe is pertinent. Use additional sheets \",here necessary. (Exhibit "A") e e e Extension of Service by Contract Apphcatlon Form 1. List type of seryice( s) to be proyided by this contract. (a) Sanitary Sewer (b) Are any of the seryices identified above "new" seryices 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.) Property owner will be required to execute irrevocable agreement to annex. 3. Is annexatIon of the teITilOry by your agency anticipated at some future time? Please provide an explanation. There are no immediate plans for annexation. 2 e e e Extension of Service by Contract Application Form 4. Is tlIe property to he 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. Residence already exists and is currently on a septic tank system. 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 im.olved 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 [J Subdivision Map or Parcel Map u Specific Plan [J General Plan Amendment n u Rezoning Other, (provide explanation below) [J :J N/A 3 e e e HI Extension of Service by Contract Application Form 8. Please provide a detailed description of how services are to be extended to the propcrty. Your response should include, but not be limited to, an explanation of distance for connection to existing infrastructure to site, the cost of improvements, he1',\' financing is to occur, and any special financial arrangement for later repayment. The City of San Bernardino presently has a 10" sewer main in Fourth Avenue, and the street is adjacent to the parcel requesting the connection. CERTIFICATION I hereby certify that the statements furnished above and in the attached exhibits present the data and information reqlllred for this evaluation of service extensIon to the best of my ability,. and that the facts, statement and infornlation presented herein are true and correct to the best of my knowledge and belief. CITY OF SAN BERNARDINO SIGNED BY: Date: Ryan Sandoval POSITION TITLE: Real Property Specialist REQUIRED EXHffilTS 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 bc extended. 3. Plan for providing service signed by official of contracting agency. Please forward the completed form and related information to: Local Agency Formation Commission 175 West Fifth Street, Second Floor San Bernardino, CA 92415-0490 PHONE: (909) 387-5866 FAX: (909) 387-5871 4 e City of San Bernardino Development Services Department Extension of City Services by Contract Plan for Providing Service I. Contract,' Agreement Reference: Irrevocable Agreement to Annex No. 2006-06 2. Property Owner: Marcia Valles 3 Property Address: 4230 N. Fourth Ayenue, San Bernardino, 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 normal permit process now in effect by the City for residential use. All applicable fecs will be paid for by the applicant as follows: e Sewer Capacity Fee: S3,500.00 per dwelling unit Sewer Connection fee: S362.96 t\'ote: All improvements including the construction oflaterals are the responsibility of the property owner. e e e e LAFCO SC# IRREVOCABLE AGREEME:\T TO A:\'NEX No. 2006-06 THIS AGREEMENT, entered into this day of 20 06 ; by and between MARCIA VALLES, hereinafter referred to as "OWNER," 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 4230 N. Fourth Avenue, San Bernardino Countv, California, and parcel is more fully described as follows: Lot 68, Tract No. 1748, AITowhead Suburban Farms Tract "E", County of San Bernardino, State of California, recorded in Book 25 of Maps, Page 59, records of said County. Excepting the north 53 feet. Assessor's Parcel Number(s) 0265-094-1 Land WHEREAS, said parcel is within the Sphere oflnfluence 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 CfTY'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 Sphere of Influence, WHEREAS, the covenants and conditions set forth herein shall create an equitable servitude upon the parcel, and shall be fully binding upon OWNER'S heirs, successors and assigns. (Exhibit "A-I) e e e IlUZE\OCABlE AGREEME!\:T TO A!\'.;EX :\0. LAFCO SC# 2006.06 NOW, THEREFORE, the parties hereto agree as follows: SECTION 1: OWNER Agrees - a. To grant irrevocable consent to aJmex 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 O'NNER to the various hearings required for the almexation. 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 mmexation of property to the CITY. Said fees shall be payable when the same becomes due aJld 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 Atmex 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 Conmlission (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 cOlmection shall be made and maintained. IRREVOCABLE AGREEMENT TO ANNEX NO. 1006-06 LAFCO SC# e SECTION 2: CITY Agrees- a. To allow O\VNER'S parcel, described herein before, to connect to the City of San Bernardino's sewage system, subject to payment of all applicable fees and permits. SECTlOl\' 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. e IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective official's thereunto duly authorized. OWNER: CITY OF SAN BER..I\'ARDINO By: MARCIA V ALLES By: PATRICK J. :YI0RRIS, Mayor ATTEST: City Clerk roved as to form: e JAMES F.