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HomeMy WebLinkAbout2007-072 -,-_ ..m-,----_.----;--____ 1 RESOLUTION NO. 2007-72 3 t 5 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 2900 N. MACY STREET. WHEREAS, Marco A. Quintero and Martha Quintero, the owner(s) of property within unincorporated territory located at 2900 N. Macy Street, Assessor's Parcel No 0268-041-23, 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 2, 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 2900 N. Macy Street, Assessor's Parcel No. 0268-041-23, 28 more fully described as follows: 02/08/07 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 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 2900 N. MACY STREET. All that certain real property situated in the County of San Bernardino, State of California, described as follows: Parcel 2 of Parcel Map No. 10780, in the County of San Bernardino, State of California as per map recorded in Book 121, Page(s) 62 and 63, of Parcel Maps, records of said County. 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 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. 2007-03, 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 02/08/07 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 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 2900 N. MACY 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 5 th day of March , 20..QL, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER X DERRY X KELLEY X JOHNSON X X MCCAMMACK ~fiA1~rYl..e~(JJ, ~'A\I~ City Clerk I ~ -rtl" The foregoing resolution is hereby approved this ~ day of March , 20~. Approved as to form: 02/08/07 3 '" PLEAIIE COMPLETE THIS INFORMATION Recorded In Official Records, County 01 San Bernardino -i!rJ LARRY WALKER \V.... Auditor/Controller - Recorder \.. P Counter DocH: 2007 - 0215520 I '1~1"1 ~~I'II"IIIIII"I"IJI RECORDING REQUESTED BY: AND WHEN RECOfI)f!D MAlL TO: City of San Bernardino City Clerk 300 N. "D" Street S::m Remllrdino, C:A Q?415 Titles: 1 Fees Taxes Other PAID APN: 0268-041-23 4/09/2007 3:30 PM MP Peges: 6 0.013 0.ee 0.00 i0.00 FEE EXEMPT PURSUANT TO GOV. CODE SECTION 27383 SPACE A8CM! FOR II!COROER'S uaE ONLY IRREVOCABLE AGREEMENT TO ANNEX llt.. of Docu_t rI- """"I'IIS '\.1') E' \ -F ()" '1-) , . , ".' 1':'- .Ji-...' . .'l R E (~ () 'j"') 'I')' E" '1> 'S"~ , " ..' /'.\ ,~. . ~J\. ~..- "lJS '}"-" 0 N'I v' i" ~'-,.~.J -"__..L. ..' ...J I "> = = -'.,j -.. rr-j 3:: c) """ ~ -< . r'J rrl CJ1 t::~ i ~ C) -.< " '-f? (-) 0 , oJ::- THIS COVER SHEET ADDED TO PROVtDEADEQUATE SPACE FOR RECORDING INFORMATION (13.00 Additional Recording F.. Applies' IRov.IlI00:l'a) (l'llOOlIS:.'Ooc ExamlCov., ~ 2007-72 LAFCO SC# IRREVOCABLE AGREEMENT TO ANNEX No. 2007-03 THIS AGREEMENT, entered into this Z?;,) day of fV\.....uk 20 07 ; by and between MARCO A. OUINTERO and MARTHA OUINTERO. hereinafter collectively 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 2900 N. Macv Street. San Bernardino Countv. California, and parcel is more fully described as follows: Parcel 2 of Parcel Map No. 10780, in the County of San Bernardino, State of California as per map recorded in Book 121, Page(s) 62 and 63, of Parcel Maps, records of said County. Assessor's Parcel Number(s) 0268-041-23: 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 wiJling 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. 2007-72 IRREVOCABLE AGREEMENT TO ANNEX NO. 2007-03 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. 2007-72 IRREVOCABLE AGREEMENT TO ANNEX NO. 2007-03 LAFCO SC# 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. 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 OWNER securing approval from the Local Agency Formation Commission. 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 BERNARDINO By:;tlfft:!> tJ. ~':Y1./pre. MARCO A. Q INTERO BY'~~ . PAT CKJ.MO , ayor BY:1\IOHtlJ QOIJrJto57D MARTHA QUINTERO Approved as to form: ATTEST: _ Sdcm~[!!l-rJ.ma-; ~ ACKNOWLEDGMENT State of California County of San Bernardino On March 8, 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. d and official seal. ~ (Seal) DA\IID M. GUlIERREZ CorrrnII~1on , 1671901 Notary PublIc - California Ian lernardlnO County Signature ACKNOWLEDGMENT State of California } County of San Bernardino On March 15, 2007 before me, David M. Gutierrez, Notary Public, personally appeared Marco A. Quintero and Martha Quintero, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entity on behalf of which the persons acted, executed the instrument. WITNES~nd and official seal. .. Signaturi !J~~ (Seal) DAVID M. GUTI!:RREZ Comm~"lon (# 1671901 Notary Public - CollfomlO Sdn 8emordlno Counly 2007-72 to~Y APPLICATION FOR EXTENSION OF SERVICE BY CONTRACT AGENCY TO EXTEND SERVICE: AGENCY NAME: City of San Bernardino Ryan Sandoval CONTACT PERSON: ADDRESS: 300 N. "D" Street, San Bernardino, Ca 92418 (909) 384-5226 PHONE: CONTRACTING PARTY: NAME OF PROPERTY OWNER (S): Marco A. Ouintero & Martha Ouintero MAILING ADDRESS: 2900 N. Macy Street, San Bernardino, 92407 PHONE: (909) 880-9035 ADDRESS OF PROPERTY PROPOSED FOR CONTRACT 2900 N. Macy Street, San Bernardino, 92407 CONTRACT NUMBER/IDENTIFICATION: Irrevocable Agreement to Annex No. 2007-03 PARCEL NUMBER(S) 0268-041-23 16,928 sq. ft (0.39 AC) 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. 2007-72 Extension of 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 2007-72 Extension of Service by Contract Application Fonn 4. Is the property to be served within the Agency's sphere of influence? Yes 5. Ifthe 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 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) D N/A 3 2007-72 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 "0" Street San Bernardino, CA 92415-0490 PHONE: (909) 383-9900 FAX: (909) 383-990 I 4 2007-72 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. 2007-03 2. Property Owner: Marco A. Ouintero and Martha Ouintero 3. Property Address: 2900 N. Macv Street. San Bernardino. CA 4. Service to be provided: Connection to Sewer System 5. Service to be provided as follows: Prooertv owner will aoolv for sewer connection services through the normal permit orocess now in effect bv the City for facility use. All aoolicable fees will be oaid for bv the aoolicant as follows: 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.