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HomeMy WebLinkAbout2019-351Resolution No. 2019-351 RESOLUTION NO. 2019-351 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AN APPLICATION TO THE SAN BERNARDINO LOCAL AGENCY FORMATION COMMISSION TO PROVIDE CITY SEWER SERVICES TO PROPERTY WITHIN UNINCORPORATED TERRITORY LOCATED AT 19416 CAJON BLVD (APN'S 0262-041-09,13, 18, & 20) AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN IRREVOCABLE AGREEMENT TO ANNEX WHEREAS, Cajon Boulevard, LLC c/o Alere Property Group, LLC, located in an unincorporated area located at 19416 Cajon Blvd also known as Assessor's Parcel Numbers 0262-041-09, 13, 18 & 20, has requested connection to the City of San Bernardino's sewage system; and WHEREAS, said Property is located within the City's sphere of influence; and WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer service outside the corporate limits of the City of San Bernardino; 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 (LAFCO); and WHEREAS, pursuant to Resolution No. 97-275, the property owners requesting connection to the City's sewage system must pay all applicable fees required by the LAFCO. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize an application to the LAFCO for the connection to the City's sewage system for property located at 19416 Cajon Blvd, Assessor's Parcel Numbers 0262-041-09, 13, 18, & 20, more fully described as follows: PTN SEC 2 TP 1N R 5W COM AT INTERSECTION NELY Ll STATE HGWY R/W WITH WLY Ll IRVINGTON LAND AND WATER CO SUB TH NWLY ALG SD NELY LI STATE HGWY 1050 FT TO TRUE POB TH CONT NWLY ALG SD NELY LI 350 FT TH NLY PARALLEL TO WLY LI IRVINGTON LAND AND WATER CO SUB PT OF INTERSECTION WITH SWLY LI A T AND S F RR R/W TH SELY ALG SD R/W 350 FT TH SLY Resolution No. 2019-351 PARALLEL TO WLY LI IRVINGTON LAND AND WATER CO SUB TO POB 5 AC M/L PTN SEC 2 TP 1N R 5W COM AT SW COR LOT M MEYER & BARCLAY SUB TH SLY ALG SLY EXT W LI SD LOT M TO NELY LI ST HGWY TH SELY ALG SD NELY LI SD SHWY TO A PT WHICH IS 1400 FT NWLY ALG SD GHGWY FROM WLY LI IRVINGTON LAND & WATER CO SUB TH N TO INTERSECTION SWLY LI A T & S F RR R/W TH NWLY ALG SLY R/W TO S LI LOT M TH W TO POB EX PARCEL MAP 3925 & EX MNL RTS RESERVATION OF RECORD BEING A PORTION OF PARCEL 1 OF PARCEL MAP NO. 3925, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1, SAID POINT BEING THE TRUE POINT OF BEGINNING THENCE NORTH 51 DEG 05'49" WEST ALONG THE NORTHWESTERLY RIGHT OF WAY OF CAJON BOULEVARD, A DISTANCE OF 343.98 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 1; THENCE NORTH 02 DEG 42'00" EAST, A DISTANCE OF 204.94 FEET ALONG THE WESTERLY LINE OF SAID PARCEL 1; THENCE NORTH 89 DEG 36'35" EAST, A DISTANCE OF 277.97 FEET TO THE EASTERLY LINE OF SAID PARCEL 1; THENCE SOUTH 02 DEG 42'00" WEST, A DISTANCE OF 423.10 FEET TO THE TRUE POINT OF BEGINNING. THAT PORTION OF LAND LOCATED IN SECTION 2, TOWNSHIP 1 NORTH, RANGE 5 WEST DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF BLOCK 10 OF THE MEYER AND BARCLAY SUBDIVISION THENCE SOUTH 89 DEG 36'35" WEST ALONG THE SOUTH BOUNDARY OF SAID MEYER AND BARCLAY SUBDIVISION, 233.98 FEET TO THE INTERSECTION OF THE NORTHEASTERLY RIGHT OF WAY LINE OF THE CALIFORNIA STATE HIGHWAY, KNOWN AS 31-A OR U.S. 66, THENCE CONTINUING SOUTH 89 DEG 36'35" WEST ALONG SAID SOUTH BOUNDARY LINE OF MEYER AND BARCLAY SUBDIVISION, ALSO BEING SAID NORTHEASTERLY LINE OF SAID HIGHWAY, A DISTANCE OF 330.43 FEET TO THE INTERSECTION OF THE NORTHEASTERLY LINE OF SAID HIGHWAY THENCE LEAVING SAID SOUTH BOUNDARY LINE AND CONTINUING SOUTHEASTERLY ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE IN ACCORDANCE WITH LAST MENTIONED DEED ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 3450.00 FEET THROUGH AN ANGLE OF 11 DEG 34'37" A DISTANCE OF 697.10 FEET TO THE END THEREOF; THENCE CONTINUING ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE SOUTH 50 DEG 58'30" EAST TO A POINT ON THE SOUTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO JOHN T. RITCHIE, ET UX THENCE NORTH ALONG THE WEST LINE OF SAID RITCHIE LAND TO THE POINT OF BEGINNING TOGETHER WITH ALL OF PARCEL 1 OF PARCEL MAP NO. 3925 LOCATED NORTH OF THE SOUTH Resolution No. 2019-351 TWO ACRES OF SAID PARCEL 1, SAID SOUTH TWO ACRES DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER, OF SAID PARCEL 1, SAID POINT BEING THE TRUE POINT OF BEGINNING THENCE NORTH 51 DEG 05'49" WEST ALONG THE NORTHWESTERLY RIGHT OF WAY OF CAJON BOULEVARD, A DISTANCE OF 343.98 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 1; THENCE NORTH 02 DEG 42'00" EAST, A DISTANCE OF 204.94 FEET ALONG THE WESTERLY LINE OF SAID PARCEL 1; THENCE NORTH 89 DEG 36'35" EAST, A DISTANCE OF 277.97 FEET TO THE EASTERLY LINE OF SAID PARCEL 1; THENCE SOUTH 02 DEG 42'00" WEST, A DISTANCE OF 423.10 FEET TO THE TRUE POINT OF BEGINNING, as per map recorded in Book 0262 of Maps, page 04, records of the County Recorder of San Bernardino County, State of California. SECTION 3. The City Manager, or designee, is hereby 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 San Bernardino LAFCO. SECTION 4. The City Manager or designee is hereby authorized to execute an Irrevocable Agreement to Annex No. 2019-006, a copy of which is attached as Exhibit "A-1" of said application, upon approval by the LAFCO. SECTION 5. 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 LAFCO. SECTION 5. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. Resolution No. 2019-351 APPROVED and ADOPTED by the City unc;' and d by the Mayor and attested by the City Clerk this 4h day of December 2019. John Valdivia, Mayor City of San Bernardino Attest: .t f.. Georgeann Hanna, MMC, City(Elerk Approved as -to-form: Gary D. Saenz, City Attorney Resolution No. 2019-351 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-351, adopted at a regular meeting held on the 4a` day of December 2019 by the following vote: Council Members: AYES NAYS SANCHEZ Y IBARRA Y FIGUEROA X SHORETT NICKEL RICHARD MULVIHILL ABSTAIN ABSENT WITNESS my hand and official seal of the City of San Bernardino this 4h day of December 2019. Ge geann Hanna, MC, City Clerk