HomeMy WebLinkAbout2016-218 RESOLUTION NO. 2016-218
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION
3 COMMISSION TO PROVIDE CITY SEWER SERVICES TO PROPERTY WITHIN
4 UNINCORPORATED TERRITORY LOCATED AT 20225 KENDALL DRIVE.
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WHEREAS, the Palmken JJJ, LLC, the owner of property located in an unincorporated
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7 area located at 20225 Kendall Drive, also known as Assessor's Parcel Numbers 0266-021-28,
8 0266-021-29, 0266-021-49, 0266-021-51 and 0266-012-13, has requested connection to the
9 City of San Bernardino's sewage system; and
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WHEREAS, said property is located within the City of San Bernardino's Sphere of
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Influence; and
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13 WHEREAS, on September 2, 1997, the City of San Bernardino adopted Resolution No.
14 97-275, establishing a policy relative to the connection of unincorporated properties to the
15 City's sewage system;
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WHEREAS, pursuant to California Government Code Section 56133, a city or district
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may provide new or extended services by contract or agreement outside its jurisdictional
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19 boundaries subject to approval from the Local Agency Formation Commission; and
20 WHEREAS, pursuant to said City's policy relative to the connection of unincorporated
21 properties to the City's,sewage system, the property owner(s) requesting connection to the
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City's sewage system shall pay all applicable fees required by the Local Agency Formation
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24 Commission.
25 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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27 SECTION 1. That the Mayor and Common Council of the City of San Bernardino
28 hereby make application to the Local Agency Formation Commission for the connection to the
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I City's sewage system for property located at 20255Kendall Drive, Assessor's Parcel Nos. 0266-
2 021-28, 0266-021-29, 0266-021-49, 0266-021-51 and 0266-012-13, more fully described as
3 follows:
4 Lot 37, Tract Nos. 4250 and 3613 as per plat recorded in Book 3, Page 9, Book 7, Page
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23, Book 6, Page 79, , Book 2975, Page 292, Book 2696, Page 557, Book 1, Page 32, Book
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7 3856, Page 97, Book 35, Page 52, Book 3689, Page 587, inclusive, in the office of the County
8 Recorder of San Bernardino County, State of California.
9 SECTION 2. That the Director of Public Works, or designee, is hereby directed and
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authorized to file an Application for Extension of Service by Contract, a copy of which is
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attached hereto as said Exhibit "A" and made a part hereof, with the Local Agency Formation
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13 Commission of the County of San Bernardino.
14 SECTION 3. That the Mayor of said City is hereby authorized and directed to execute
15 on behalf of said City, an Irrevocable Agreement to Annex. No. 2016-218, a copy of which is
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attached as Exhibit `B" of said application, upon approval by the Local Agency Formation
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18 Commission.
19 SECTION 4. That the City Clerk of said City is hereby authorized and directed to file,
20 or cause to be filed, a certified copy of this resolution with the Executive Officer of the Local
21 Agency Formation Commission.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO MAKING APPLICATION TO THE LOCAL AGENCY FORMATION
2 COMMISSION TO PROVIDE CITY SEWER SERVICES TO PROPERTY WITHIN
UNINCORPORATED TERRITORY LOCATED AT 20225 KENDALL DRIVE.
3
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a joint regular meeting thereof held on the
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7 17th day of October, 2016, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ x
10 BARRIOS x
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VALDIVIA x
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13 SHORETT x
14 NICKEL x
15 RICHARD x
16 x
MULVIHILL
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19 George Hanna, C , City Clerk
20 ►
21 The foregoing resolution is hereby approved this _day of October, 2016.
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23 2
24 R. Carey Davis, ayor
City of San Be ardino
25 Approved as to form:
GARY D. SAENZ, City Attorney
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27 By.
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IPP
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MV J ki
t �
2016 -218 --
entered into this 14ffi dav of December
THIS AGREEMENT, I of 9
2016; by and between the PALMIKEN JJJ,hereinafter referred to as "OWNER'
and the CITY OF SAN BERNARDINO, a municipal corporation, hereafter referred tt
as
a
WITNESSETH.
WHEREAS, OWNER holds title to the unincorporated parcel(s), located at 20225
Kendall Drive, San Bernardino, California, 92407, and parcels are more fully described
in Exhibit "A" attached hereto and made a part hereof
Assessor's Parcel Number(s) 0266-021-128-0000.1 0266-021-29-0000, 0266-02 11
51-0000., 0266-012-13-0000 anti 0266 -021 -49 -0000, -._and I
WHEREAS, said parcels are within the Sphere of Influence of CITY; and
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WHEREAS, sewer service could be provided to said parcels by connecting to the
CITY'S sewage systern; and
WHEREASCITY'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 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 OWNERS' heirs,
successors and assigns.
WIM00=0
IRREVOCABLE AGREEMENT TO ANNEX NO. 2016-218 LAFCO SC# 409
oil
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
sha.11 be made and maintained.
To allow OWNERS' parcel, described herein before, to connect to the City
of San Bernardino's sewage system, subject to payment of all applicable
fees and permits.
0)
2016-218
IRREVOCABLE AGREEMENT TO ANNEX NO. 2016-218 LAFCO SC# 409
R. City Clerk for CITY shall record this agreement with the County Recorder.
b. The benefit to the subject parcel 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
Cor-ui-tission.
Title:
B:
y
n G . S
AENZ, City Attorney
k
ATTEST:
f
--City Clerk
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
GLAWSL�0'5;si W
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of D417
On 7� w�mOva-Z before me,
Aate 11117 Here Insert Name and Ifitle of the Officel
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personally appeared
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who proved to me on the basis of satisfactory evidence to be the person��ose name(sris/ffe
subscribed to the within instrument and acknowledged to me that he/s executed the same in
his/bwAbeir-authorized capacity(iK and that by his/ber7fhWsignatureW6--h_ the instrument the personk&)-,--"
or the entity upon behalf of which the person(sKacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
Number of Pages: & Signer(s) Other Than Named Above:
02014 National Notary Association e www. National Notary-org o 1 -800 -US NOTARY (1 -800-876-6827) Item #5907
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF California
COUNTY OF ORANGE
On -A-1 \ vi
File No:
)SS
APN No:
before me, CATHERINE H. CALLAWAY
111111 110 1
who 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 behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
This area ! official notarial seal.
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
CAPACITY CLAIMED BY SIGNER
x _
.: s. _ _ _...- -_ ,_ ✓�-. - .< -. -` -_tv >. `x r ....mss-. ,�_.. .. _ F... ..s .et_ _ , - ,m.. E. ., .,,s. ..- ..$, �:, .':;.
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the
documents.
0 INDIVIDUAL
0 CORPORATE OFFICERS) TITLE(S)
0
PARTNER(S) F-1 LIMITED ❑GENERAL
F-1 ATTORNEY-IN-FACT
0
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity Name of Person or Entity
OPTIONAL
t SECTION - NOT PART OF
NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS
CERTIFICATE ATTACHED
1 n DOCUMENT
Reproduced by First American Title Company 11/2047
2016-218
IRREVOCABLE AGREE ENT TO ANNEX 0. 2016-218
THE LAND REFERRED TO IN THIS COMMITMENT IS SITUATED IN THE
UNICORPORATED AREA OF THE COUNTY OF SAN BERNARDINO,, STATE OF
CALIFORNIA,
1 1, I> DESCRIBED �,: FOLLOWS:
� s i
lRREVOCABLE AGREEMENT TO ANNEX NO. 2016-218 LAFCO SC# 409
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2016-218
IRREVOCABLE AGREEMENT TO ANNEX NO. 2016-218
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ALSO EXCEPT ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
AS CONVEYED TO STANDARD PROPERTIES, INC., A CORPORATION BY
DEED RECORDED NOVEMBER 15,1950, IN BOOK 2696,, PAGE 557, OFFICIAL
RECORDS. D
ALL THAT PORTION f • • AND BLOCKOF THE IRVINGTON
AND
WATER COMPANY SUBDIVISION, THE COUNTY OF SAN
BERNARDINO,, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 311
PAGE 9 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY1 DESCRIBED AS FOLLOWS:
Z
2016-218
IRREVOCABLE AGREEMENT TO ANNEX NO. 2016-218
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2016-218 LAFCO SC# 409
2016-218
IRREVOCABLE
1'O1 AGREEMENT
, R ANNEX
O 2016-218 LA
_ ` c•`{' a. 0 +'S
EXCEPTING
.,, THEREFROM
Ei° O x PORTION
i 1" PALM
ir-
lAwo, MIS if''I ... � 1 i i` mwi
131011-1 �.
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IRREVOCABLE`
FOUND THEREIN AS RESERVED IN THE DEED FROM CHAS S. OLDER,
RECORDED FEBRUARY 14, 19565 AS INSTRUMENT NO. 2765 IN BOOK 38565
PAGE 97, OFFICIAL RECORDS. SAID PROPERTY IS ALSO SHOWN ON
LICENSED LAND SURVEYORS MAP IN BOOK t
2016-218
IRREVOCABLE AGREEMENT TO ANNEX NO. 2016-218 LAFCO SC# 0s
[�OINT IS SOUTH 190 419 50" EAST,, 228 FEET FROM THE POINT OF
BEGINNING; THENCE NORTH 19' 14' 50" WEST ALONG SAID
SOUTHWESTERLY '' 4250, AND THE
BEGINNING.EXTENSION THEREOF A DISTANCE OF 228 FEET TO THE POINT OF
0266-012-13 (Aff- 4
sParcel
0266-021-29 (Affects Parcel One)
0266-021-49 (Affects Parcel Five)
•• -Four)
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