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Home My WebLink About2007-160 , . 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 NO. 2007-160 RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR PROVIDING CITY SEWER SERVICES TO PROPERTY WITmN UNINCORPORATED TERRITORY LOCATED AT 4285 NORTH FOURTH AVENUE. WHEREAS, Robert P. Lozano and Maria I. Lozano, the owners of property within unincorporated territory located at 4285 N. Fourth Avenue, Assessor's Parcel No. 0265-101-17, have 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 Govemment 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 4285 N. Fourth Avenue, Assessor's Parcel No. 0265-101-17, more fully described as follows: 04/25/07 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 4285 NORTH FOURTH AVENUE All that certain real property situated in the County of San Bernardino, State of California, described as follows: PARCEL 1 OF PARCEL MAP NO. 829, AS PER PLAT RECORDED IN BOOK 8 OF PARCEL MAPS, PAGE 3, 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 Aunex. No. 2007-05, 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/ 05/16/07 2 1 2 3 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 4285 NORTH FOURTH AVENUE 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Common Council of the City of San Bernardino at a ioint reo:ular meeting thereof held on the 21 st day of May , 20.....Dl-> by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER x DERRY x KELLEY x JOHNSON x MCCAMMACK x [!;/1u.L At. C(.,~ City lerk The foregoing resolution is hereby approved this ~~ day of May ,20~. Approved as to form: ES F. PENMAN Attorney 04/25/07 3 APPLICATION FOR EXTENSION OF SERVICE BY CONTRACT AGENCY TO EXTEND SERVICE: AGENCY NAME: City of San Bernardino Jeanne'marie E. Fitzpatrick CONTACT PERSON: ADDRESS: 300 N. "D" Street, San Bernardino, CA 92418 (909) 384-5328 PHONE: CONTRACTING PARTY: NAME OF PROPERTY OWNER: Robert P. Lozano and Maria I. Lozano MAILING ADDRESS: 4285 N. Fourth Avenue, San Bernardino, CA PHONE: (909) 882-3862 ADDRESS OF PROPERTY PROPOSED FOR CONTRACT 4285 N. Fourth Avenue, San Bernardino, CA CONTRACT NUMBERlIDENTIFICA TION: Annex. No. 2007-05 PARCEL NUMBER(S) 0265-101-17 ACREAGE: .19 acres (8118 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. You may include any additional information which you believe is pertinent. Use additional sheets where necessary. I. (a) List type of service( s) to be provided by this contract. Sanitary Sewer EXHIBIT "A" Extension of Service by Contract Application Form (b) Are any of the services identified above "new" services to be offered by the agency? If yes, please provide explanation. No. The City offers City sewer to City residents and to 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 an 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. 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 an existing 4 bedroom single family residence located on one parcel. 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 D Subdivision Map or Parcel Map D Specific Plan D General Plan Amendment D Rezoning D Other, (provide explanation below) D 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 a 10" sewer line in Fourth Avenue which is the street that the property is located. 3 Extension of Service by Contract Application Form 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. SIGNED BY: POSITION TITLE: Real Property Supervtsor IT COPY ONLY DATED: REQUIRED EXHffiITS 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 215 North "D" Street, Second Floor San Bernardino, CA 92415-0490 PHONE: (909) 383-9900 FAX: (909)383-9901 4 r City of San Bernardino Development Services Department Extension of City Services by Contract Plan for Providing Service 1. Contract I Agreement Reference: Irrevocable Agreement to Annex No. 2007-05 2. Property Owner: Robert P. Lozano and Maria 1. Lozano 3. Property Address: 4285 Fourth Avenue. San Bernardino. CA 4. Service to be provided: Connection to Sewer Svstem 5. Service to be provided as follows: Propertv owner will applv for sewer connection services through the normal permit process now in effect bv the City for residential use. All applicable fees will be paid for bv the applicant as follows: SEWER FEES Sewer Capacity Fee: $3500.00 x dwelling unit Sewer Connection (Permit): $362.96 per bedroom Note: All improvements including the construction oflaterals are the responsibility of the property owner. All LAFCO fees are the responsibility of the property owner as well. . 2007-160 LAFCO SC# IRREVOCABLE AGREEMENT TO ANNEX No. 2007-05 THIS AGREEMENT, entered into this 21st day of May , 20111; by and between ROBERT P. LOZANO AND MARIA 1. LOZANO. HUSBAND AND WIFE. 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 4285 Fourth A venue. San Bernardino County. California, and parcel is more fully described as follows: PARCEL I OF PARCEL MAP NO. 829, AS PER PLAT RECORDED IN BOOK 8 OF PARCEL MAPS, PAGE 3, RECORDS OF SAID COUNTY. Assessor's Parcel Number(s) 0265-101-17; and WHEREAS, said parcel is within the Sphere of Influence of CITY; and WHEREAS, OWNER requests 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; and 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. 2007-160 IRREVOCABLE AGREEMENT TO ANNEX NO. 2007-05 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 or 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. , 2007-160 IRREVOCABLE AGREEMENT TO ANNEX NO. 2007-05 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 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 officials thereunto duly authorized. OWNER: CITY OF SAN BERNARDINO \ I~Jrf ~~ ROBERT P. LOZANO BY~ . AT KJ. MO ,ayor ~/I.~ RIA I. LOZANO ATTEST: ~~J.1. C/,~ Ci lerk Approved as to form: