HomeMy WebLinkAbout2007-014
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RESOLUTION NO. 2007-14
RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION
TO THE LOCAL AGENCY FORMATION COMMISSION TO PROVIDE CITY SEWER
SERVICES TO PROPERTY WITHIN UNINCORPORATED TERRITORY LOCATED AT
2119 W. BLAKE STREET
WHEREAS, San Bernardino City Unified School District, the owner of property located
in an unincorporated area located at 2119 W. Blake Street, Assessor's Parcel No. 0268-031-11, 12,
13,14, 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; 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 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 2119 W. Blake Street, Assessor's Parcel No. 0268-031-11,
12,13,14, more fully described as follows:
12/11/06
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RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL
AGENCY FORMATION COMMISSION TO PROVIDE CITY SEWER SERVICES TO PROPERTY
WITHIN UNINCORPORATED TERRITORY LOCATED AT 2119 W. BLAKE STREET
All that certain real property situated in the County of San Bernardino, State of California,
described as follows:
Lot 342, 343, and 344 of Tract No. 2258, as per plat recorded in Book 32 of Maps,
Pages 72 to 77, inclusive, records ofsaid County.
EXCEPTING THEREFROM the Southerly 143 feet of said Lot 342 and the
Easterly 165 feet of said Lot 344.
SECTION 2. That the Director of Development Services, or 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 ofthe 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. 2006-07, 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/
12/11/06
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RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL
AGENCY FORMATION COMMISSION TO PROVIDE CITY SEWER SERVICES TO PROPERTY
WITHIN UNINCORPORATED TERRITORY LOCATED AT 2119 W. BLAKE 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 joint regular
meeting thereof
held on the 8th day of January
, 20.JlL, by the following vote, to wit:
Council Members: AYES
ESTRADA x
BAXTER x
BRINKER x
DERRY x
KELLEY X
JOHNSON X
MCCAMMACK
NAYS
ABSTAIN ABSENT
X
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City Clerk
The foregoing resolution is hereby approved this //nI- day of --I;m\l8TY
, 20.02-_'
----
1'--"'
~ATRJCK J. MORk$; Mayor
"J f San Bernardino
Approved as to form:
V/;~
TIMOTHY J. S 0, SpecIal Legal Counsel
12/11/06
3
APPLICATION FOR
EXTENSION OF SERVICE BY CONTRACT
AGENCY TO EXTEND SERVICE:
AGENCY NAME:
City of San Bernardino
CONTACT PERSON:
Ryan Sandoval
ADDRESS:
300 N. "0" Street, San Bernardino, Ca 92418
(909) 384-5226
PHONE:
CONTRACTING PARTY:
NAME OF
PROPERTY OWNER (S):
San Bernardino City Unified School ~istrict
MAILING ADDRESS:
777 North "P" Street, San Bernardino, 92411
PHONE:
(909) 883-6018
ADDRESS OF PROPERTY
PROPOSED FOR CONTRACT
2119 W. Blake Street, San Bernardino, 92407
CONTRACT NUMBERlIDENTIFICATION:
Irrevocable Agreement to Annex No. 2006-07
PARCEL NUMBER(S)
0268-031-11,12,13,14
ACREAGE:
8.11 Acres MIL
The questions that 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 that you believe is
pertinent. Use additional sheets where necessary.
(Exhibit "A")
Extension pf 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.)
Property owner will be required to execute
irrevocable 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.
2
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.
School Facility 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 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) 0
N/A
3
.
.
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 a 10" sewer main in Macy Street, 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 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.
CITY OF SAN BERNARDINO
SIGNED BY:
Date:
Laszlo Fogassy
POSITION TITLE:
Real Property Supervisor
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:
Local Agency Formation Commission
215 North "D" Street
San Bernardino, CA 92415-0490
PHONE: (909) 383-9900
FAX: (909) 383-9901
4
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
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LAR.. { WALKER
Auditor/Controller - Rlcordlr
3/07/t007
10:20 AM
NC
Reoorded In Olllcial RecDrd, ".,unty 01 San Bernardino
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY HALL
300 NORTH "0" STREET
SAN BERNARDINO, CA 92415
Tltlls: 1 Plgll: 8
Fe.1I5 0.00
Ta)Cl!Is 0.0"
Other 8.00
PAID 50.00
APN: 0268-031-11,12,13,& 14
FEE EXEMPT PURSUANT TO
GOV. CODE SECTION 27383
SPACE ABOVE FOR RECORDER'S USE ONLY
IRREVOCABLE AGREEMENT TO ANNEX
Title of Document
THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
(Rev. 6100:ha)
(WorOIS:/Doc Exam/Cover Shaet)
2007-14
LAFCO SC#
IRREVOCABLE AGREEMENT TO ANNEX
No. 2006-07
THIS AGREEMENT, entered into this 7th day of February
20 07 ; by and between SAN BERNARDINO CITY UNIFIED SCHOOL
DISTRICT. 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 2119
W. Blake Street. San Bernardino Countv. California, and parcel is more fully described
as follows:
Lot 342,343, and 344 of Tract No. 2258, as per plat recorded in Book 32 of
Maps, Pages 72 to 77, inclusive, records of said County.
EXCEPTING THEREFROM the Southerly 143 feet of said Lot 342 and the
Easterly 165 feet of said Lot 344.
Assessor's Parcel Number(s) 0268-031-11. 12. 13. 14 and
WHEREAS, said parcel is within the Sphere of Influence 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 parcels 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.
IRREVOCABLE AGREEMENT TO ANNEX NO.
2006-07
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.
SECTION 2: CITY Agrees -
a. To allow OWNER'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.
2007-14
IRREVOCABLE AGREEMENT TO ANNEX NO.
2006-07
LAFCO SC#
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. Subj ect to the provisions of Section 1 (f) herein.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their respective official's thereunto duly authorized.
o
SA BERNARDINO CITY
SCHOOL DISTRICT
Mohammad Z. Islam
Asst. Superintendent,
CITY OF SAN BERNARDINO
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ATTEST:
G(:..to I Jz Ct ,~
City Clerk
Approved as to form:
ACKNOWLEDGMENT
State ofCalifomia
}
County of San Bernardino
On January 12, 2007 before me, David M. Gutierrez, Notary Public,
personally appeared Patrick J. Morris, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity on behalf of which the person acted,
executed the instrument.
WI~~
Signa ./ .
(Seal)
. .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CALlFOIlNIA
County of SAN BERNARDINO
On F.ehru. C!1f~, 1/ ;}oo7 before me. PAIlLINE AKlII SUGGS. NOTARY PUBLIC
7Y7ok. /. j . Name and T;ije of Officer (e.g" . Jane Doe. Notary Publ;C")
personally appeared h1ml/.O 'Z. .:z:olCi-m .
Name(s) of Signer(s)
~ personally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
half of which the person(s) acted, executed the instrument.
__________________OPTIONAL_____.____________._
Though the information below is not required by law, it may prove valuable to persons mlying 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: r.rrevoCodole.,. 1t3ruw.lIlf k P'fJh;x Joo7,/1
Document Date: fi.{,.,ru.af'Ly 7 ':<OtJ '7 Number of Pages: 1h n"J ,
tI I
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
o Titles(s):
o Partner - 0 Limited 0 General
tJ AlIorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
TOp of Thumb here
o Individual
o Corporate Officer
o Title(s):
o Partner - 0 Limited 0 Ge,\eral
o A.ttorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of Thumb here
Signer Is Representing:
Signer Is Representing: