HomeMy WebLinkAbout12-Development Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Development Services
Subject: Authorization to Proceed and Resolution
Making Application to the Local Agency Formation
Commission for Sewer Services Outside City
Boundaries - Property Located North of Cajon
Boulevard and West of Palm Avenue
From: JAMES FUNK, Director
Date: April 11, 2006
File No. l2.0IA-13
Synopsis of Previous Council Action:
MCC Date: 05-01-06
09/29/97 m Resolution 92-275 was adopted, approving a policy relative to connection of
unincorporated properties to the City's sewage system.
Recommended Motion:
I. That the Director of Development Services be authorized to initiate proceedings for the
provision of City sewer services outside of City boundaries for property located north of Cajon
Boulevard and West of Palm Avenue.
AND
2. Adopt Resolution.
~J:f1L
Contact person: Jeanne'marie Fitzpatrick
Staff Report/Map/ Appl.
Supporting data attached: MemoslResolution
FUNDING REQUIREMENTS: Amount: $1,000
Ph e" 5328
on . ili
N/ A (Partially surrounded by 6
Ward: Ward)
Source: (Acct. No.) Processing Fee
(Acct. Description)
Finance:
Council Notes:
J&AUJ--- J-OOfP-llS-
Agenda Item No.
/~
5/1/0&
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 5/ J I () (; Item #
I . ,
Vote: Ayes }-LO Nays D
Change to motion to amend original documents 0
NulVVoid After: U days I
Resolution # On Attachments: 0
J,)/ Resolution #
Abstain l)--.
Companion Resolutions
d fJDb -I / ~
Absent . 1
Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor:
Date of Mayor's Signature:
Date of ClerklCDC Signature:
Reso. Log Updated: ~
Seal Impressed: 0
Reso. # on Staff Report 0
Date MemolLetter Sent for Signature:
I" Reminder Letter Sent:
Date Returned:
2"d Reminder Letter Sent:
Not Returned: 0
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Copies Distributed to:
Animal Control 0 EDA 0
City Administrator 0 Facilities 0
City Attorney 0 Finance 0
Code Compliance 0 Fire Department 0
Development Services 0 Human Resources 0
Others:
Notes:
Information Services 0
Parks & Recreation 0
Police Department 0
Public Services 0
Water Department 0
Ready to File: _
Date:
Revised 12/18/03
CITY OF SAN BERNARDINO
Interoffice Mernorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
May 4, 2006
TO:
Jeanne'marie Fitzpatrick, Real Property Specialist
Development Services Department
Sandra Medina, Assistant to the City Clerk.1'vJ
Signed Irrevocable Agreement to Annex
FROM:
RE:
Please find enclosed one original executed Irrevocable Agreement to Annex attached to
Resolution No. 2006-115, making application to the Local Agency Formation Commission for
providing City sewer services to property with in unincorporated territory generally located north
of Cajon Boulevard and west of Palm Avenue.
If you have any questions, please call Dodie Otterbein at ext. 3215.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Authorization to Proceed and Resolution Making Application to the Local Agency Fonnation
Commission for Sewer Services Outside City Boundaries - Property located north of Cajon
Boulevard and west of Palm Avenue.
BACKGROUND:
In February 2006, this office received a request from SB Ventures II LLC, owner offour parcels
of property generally located north of Cajon Boulevard and west of Palm Avenue, for connection
to the City's sewer system. The property is currently vacant and is designated light industrial on
the City's General Plan. The owner is proposing to develop a storage facility for modular
building sales and leasing.
In 1994, the California Government Code Section was amended by the addition of Section
56133, which requires the Local Agency Fonnation Commission (LAPCO) to approve the
provision of new City services outside its corporate boundaries. The annexation of single parcels
is not desirable since it creates uneven boundaries and creates confusion regarding the delivery
of other City services. This property is contiguous to city boundaries, however, annexation of
this property would result in other islands.
In September of 1997, the City adopted a policy relative to the providing of sewer services
outside of City boundaries. The policy includes the payment of a $1,000 City processing fee.
Additionally, the petitioner will pay all LAPCO related fees directly to LAPCO and the nonnal
sewer capacity and hook-up fees. The policy also requires the land use to be consistent with the
City's General Plan and the property owner to execute an "Irrevocable Agreement to Annex" in
the event that this property is included in an annexation proceeding sometime in the future.
The Water Department has indicated that there is adequate sewer capacity to serve this property
and the Planning Department has indicated that the current land use is consistent with the City's
General Plan. (See attached memos). The applicant has paid the $1,000 processing fee. LAPCO
requires that the application be made by the Agency that is to provide the service. The attached
Resolution makes application to LAPCO and has been attached for your action.
Upon approval by LAPCO, the Irrevocable Agreement to Annex will be executed between the
City and the applicant.
FINANCIAL IMPACT:
The $1,000 processing fee has been paid by the applicant to cover the City's cost for the
proceedings and all applicable LAPCO fees and sewer hook-up fees will be paid by the
applicant.
RECOMMENDATION:
Staff recommends that authorization be given to proceed with the proposed sewer hook-up and
that the attached Resolution making application to LAFCO be approved.
Proposed Area for
Sewer Connection
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r--' 9th St
5th St. c:!,
Mill St.
VICINITY MAP
No Scale
('ITY OF SAN BERNARDINO
L ELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECT-ION
Proposed Sewer Service Connection
Outside City Boundaries - Generally
Located North of Cajon Boulevard,
West of Palm Avenue
~ indicates un-incorporated areas
~ within City's Sphere of Influence
File No.: 12.01A-13
Date: i./ II/) /u,
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APPLICATION FOR SEWER SERVICES
OUTSIDE OF CITY BOUNDARIES
To: City of San Bernardino
Development Services Department. Real Property Section
300 N. "D" Street - 3'" Floor. San Bernardino. CA 92418
(909) 384-5111
This application is hereby submitted to the City of San Bernardino, to initiate proceedings for
the connection to the City Sewer System from my property. which is located outside the boundaries of the
City of San Bernardino pursuant to established City policies. a copy of which I have received and read, and
Goverrunent Code Section 56133. I understand that a S1000.00 non-refundable processing fee is due at the
time this application is submitted. I further understand that prior to the City submitting an application to the
Local Agency Formation Commission (LAFCO), I will be required to deposit any applicable LAFCO fees
with the City (or to be paid directly to LAFCO). Additional LAFCO fees may be due at the conclusion of the
proceedings, which I will be required to pay. I may request a waiver of these fees from LAFCO. based upon
an inunediate health and safety problem. In the event that the waiver of all or a portion of the LAFCO fees is
granted by LAFCO. the waived amount will be refunded. I also understand that I will be required to execute
an .. Irrevocable Agreement to Annex" in the event that my property may be subject to Annexation into the
City of San Bernardino at some future time. if this application is approved. I further understand that sewer
capacity and hook-up fees to the City will be due prior to permit processing. This application is being
submitted with the understanding that approval is not guaranteed.
Please submit this application with oroof of ownershio (Coov of Deed, Title Policv, etc.) aIOOl! with
proCeSSiOl! fee of $1.000.00 and olat maD showinl! location of orooertv.
Property Owner(s): S i3 {/-l.1I1 NrlS, IT LI- L. . S+of~ T3(C4~'" OUJIA..".
,
Mailing Address /05{,,0 /~(WI V+u-t. 5u,'/..t. ~2- Fohl-c........ 04 tt2~37
Property Address: 1/" ULI/1. .f IIIlAd
Assessor's Par<.:el NO(S):OLt.~'DlI' 43 2.11; let
f I
Oz." -0/7.. '(3
[ ] Existing Development:
[ ] Residential (Single Family). No Bedrooms:_
[ ] Residential (multi family). Describe:
Tel. No. q5'!.2..0{,'6n7 Hot
'j0f{''i'Z..?Q67.-Iof . 0
[ ] New Development:
[ ] Residential (Single Family) No. Bedrooms
[ ] Residential (multi-family). Describe:
. [ ] Commercial/Industrial. Describe:
ll(,J Commercial/Industrial. Describe: S~1-- r::i."l:ty
.c.".. rnocuo,. budel,'I., Sc../." I / ""50"", ,
Note: For new development and/or additions, please provide a copy of the site-plan along with a copy of
development permit filed with the County of San Bernardino.
Additional Comments.
[] I request a waiver of LAFCO fees based up~~eaith
/.. -
, safety urgency:
DJle:.2/J./nG
DEVELOPMENT SERVICES DEPARTMENT
300 North "Dn Street. San Bernardino. CA 92418-0001
Planning & Building 909.384.5057 . Fax: 909.384.5080
Public WorkslEngineering 909.384.5111 . Fax: 909.384.5155
www.sbcity.org
February 7,2006
Jerry Snedden
FM Services Group, LLC
10560 Elm A venue, Suite B2
Fontana, CA 92337
RE: Letter of General Plan Consistency for a proposed modular building sales and
storage facility on property identified as: Assessor Parcel Numbers 0266-012-
13,0266-021-43,28, & 29, in the County of San Bernardino, California
Dear Mr. Snedden:
This letter is written to confirm the City of San Bernardino land use designation for
the above referenced properties. A review ofthe City's General Plan land use map
indicates that the properties are located in the City's Sphere of Influence, under the
Industrial light (IL) land use designation. The IL land use district allows for a variety
of warehousing and light manufacturing uses as described in g19.08 of the City of San
Bernardino Development Code (which is available online at vAvw.sbcity.org).
Based on information provided in your letter of intent (submitted 12-12-2005), the
proposed use of the property would be consistent with the City General Plan,
assuming that outdoor servicing activities would be limited and appropriate screening
would be provided. As defined by the General Plan, the Industrial Light land use
district is intended for, "(A) Variety oflight industrial uses, including warehousing!
distribution, assembly, light manufacturing, research and development, mini storage,
and repair facilities conducted within enclosed structures as well as supporting retail
and personal uses.': The letter of intent states that the project would include sales,
storage and outdoor servicing of modular buildings. This use would be similar to
mobile home sales and service, which is permitted in the IL District subject to a
Development Permit. The outdoor service component of the project would have to be
no more extensive than typical work performed on new mobile homes to be
consistent with the General Plan. Uses requiring extensive outdoor activities would
have to be located in the Commercial Heavy or Industrial Heavy land use districts.
PL 05-47
Palm Ave. SOl
Page 2 of2
The preliminary site plan attached to your letter of intent raises other concerns about
conformance to City development standards, particularly landscaped setbacks and
screening of outdoor storage. For your reference, I have enclosed chapters of the City
Development Code, including development standards of the City's IL land use district,
landscaping and parking standards, and Industrial Design Guidelines.
A cursory review of the County's Glen Helen Specific Plan indicates that the
proposed use would require a Conditional Use Permit (CUP). Upon submittal of a
CUP application for a site within the City's sphere of influence, the County Land Use
Services Department will confer with City staff to ensure application of compatible
site development standards. A project designed in conformance with the Glen Helen
Specific Plan should be compatible with the enclosed City standards and guidelines.
This letter shall suffice as a determination of General Plan consistency for the City
Public Works Division to verify availability of City sewer service, as required for a
County CUP application. However, the City will request that the County Land Use
Services Department make the final approval of City sewer service a condition of
approval to be fulfilled prior to issuance of building permits by the County.
If you have any questions or comments please feel free to contact me at your
convenience at (909) 384-5057 extension 3337.
R",P"tC&?
ohn Oquendo
Assistant Planner
cc: County Land Use Services Department
Advance Planning Division
Fitzpatrick_Je
From: Perry_Jo
Sent: Monday, March 20. 2006 9:43 AM
To: Fitzpatrick_Je
Subject: Capacity for File 12.01A-13
Jeanne:
Stacey has asked me to respond to your request For Sewer hookup for File 12.01A-13.
The department has sufficient capacity to serve this property.
Should you need anything else let me know.
John Perry
Director. Water Reclamation
"' 2il 2006
Page 1 of 1
Exhibit "A"
PARCEL NO.1:
THAT PORTION OF BLOCKS 66 AND 72 OF IRVINGTON LAND AND WATER COMPANY'S
SUBDMSION, IN ll-IE COUNTY OF SAN BERNARDINO, STATE OF CAliFORNIA, AS PER MAP
RECORDED IN BOOK 3, PAGE 9 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, AND OF SECTION 12, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO
MERIDIAN, AS THE liNES OF THE GOVERNMENT.SURVEY MAY BE ElITENDED ACROSS THE
RANCHO MUSCUPIABE, IN THE COUNTY OF SAN BERNARDINO, STATE OF CAliFORNIJl., AS PER .
MAP RECORDED IN BOOK 7 PAGE 23, OF MAPS, IN THE OFFICE OF THE COUNlY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NQRTHWESTERL Y liNE OF SAID BLOCK 72,
WITH THE SOUTHWESTERLY liNE OF KENDALL DRIVE; THENCE SOUTH 27 DEGREES 54
MINUTES 40 SECONDS WEST ALONG THE NORTHWESTERLY liNE OF SAID BLOCK 72, S66.37
FEET TO A POINT ON THE NORTHEASTERLY BOUNDARY LINE OF ll-IE ATCHISON, TOPEKA,
AND SANTA FE RAILROAD STATION GROUNDS; THENCE SOUTH 38 DEGREES 30 MINUTES 30
SECONDS EAST ALONG THE NORTHEASTERLY liNE OF SAID STATION GROUNDS, 296;90 FEET;
THENCE NORTH 78 DEGREES 39 MINUTES 40 SECONDS EAST 205.80 FEET; ll-IENCE SOUTH 67
DEGREES 18 MINUTES 10 SECONDS .EAST 245 FEET; THENCE SOUTH 30 DEGREES 02 MINUTES
40 SECONDS EAST 125 FEET; THENCE SOUTH 68 DEGREES 33 MINUTES 00 SECONDS EAST 250
FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 27 DEGREES 46 MINUTES 10
SECONDS WEST 310 FEET TO A POINT; THENCE SOUTHEASTERLY IN A STRAIGHT liNE TO THE
POINT OF INTERSECTION OF THE CENTER liNE OF CHESTNUT AVENUE, NOW VACATED, WITH
THE NORTHEASTERLY RIGHT OF WAY OR PROPERlY liNE OF THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY, AS SHOWN ON liCENSED LAND SURVEYOR'S MAP, RECORDED
IN BOOK 6 OF RECORD SURVEYS, PAGE 79; THENCE SOUTH 38 DEGREES 30 MINUTES 30
SECONDS EAST ALONG THE NORTHEASTERLY RIGHT OF WAY OR PROPERlY liNE OF THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO A POINT WHICH BEARS NORTH 38
DEGREES 30 MINUTES 30 SECONDS WEST 980 FEET FROM THE CENTER liNE OF PALM
AVENUE; THENCE NORTHEASTERLY IN A STRAIGHT liNE TO A POINT WHICH BEARS SOUTH 32
DEGREES 14 MINUTES 20 SECONDS WEST 682.47 FEET FROM.A POINT IN THE
SOUTHWESTERLY liNE OF KENDALL DRIVE WHICH IS DISTANT 1,013.45 FEET .
NORTHWESTERLY FROM THE INTERSECTION OF THE 50UTHWESTERL Y liNE OF KENDALL
DRIVE WITH THE NORTHWESTERLY liNE OF PALM AVENUE, AS SHOWN ON SAID liCENSED
LAND SURVEYOR'S MAP RECORDED IN BOOK 6, PAGE 79 OF RECORD SURVEYS; THENCE
NORTH 24 DEGREES 22 MINUTES 50 SECONDS WEST 90.20 FEET; THENCE NORTH 1 DEGREE
45 MINUTES 40 SECONDS EAST 234.06 FEET; THENCE NORTH 68 DEGREES 33 MINUTES 00
SECONDS WEST 489.80 FEET TO THE POINT OF BEGINNING.
EXCEPT THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
8EGINNING AT A POINT ON THE NORTHEASTERLY RIGHT OF WAY liNE OF THE ATCHISON,
TOPEKA AND SANTA FE RAILWAY COMPANY, AS SHOWN ON liCENSED LAND SURVEYOR'S MAP
RECORDED IN BOOK 6, PAGE 79, RECORD SURVEYS, AT A POINT WHICH BEARS NORTH 38
DEGREES 30 MINUTES 30 SECONDS WEST 980 FEET FROM THE CENTER liNE OF PALM
AVENUE; THENCE NORTHEASTERLY ALONG THE EAsTERLY liNE OF PROPERlY DEEDED TO
CARL M. PRESTON AND GLADYCE J. PRESTON, HUSBAND AND WIFE AS JOINT TENANTS, BY
DEED DATED JUNE 18, 1952 AND RECORDED JUNE 27, 1952 IN BOOK 2975 PAGE 292,
OFFICIAL RECORDS, A DISTANCE OF 500 FEET; THENCE IN A SOUTHWESTERLY DIRECTION
NORTH 89 DEGREES 38 MINUTES 30 SECONDS WEST 200 FEET TO A POINT WHICH IS 300
FEET NORTHWESTERLY FROM A POINT ON THE NORTHEASTERLY liNE OF THE RAILROAD
RIGHT OF WAY WHICH IS NORTH 38 DEGREES 30 MINUTES 30 SECONDS WEST 270 FEET,
MORE OR LESS, FROM THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY AND
PARALLEL WITH THE MOST EASTERLY liNE OF THE ABOVE MENTIONED PRESTON PROPERlY A
DISTANCE OF 300 FEET TO THE NORTHEASTERLY liNE OF THE ATqiISON, TOPEKA AND
SANTA FE RAILROAD, THENCE SOUTH 38 DEGREES 30 MIN.UTES 30 SECONDS EAST ALONG
THE RAILROAD 270 FEET, MORE OR LESS TO THE POINT OF BEGINNING.
ALSO EXCEPT THAT PORTION OF SAID BLOCK 66 AND 72, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTHWESTERLY liNE OF SAID BLOCK 72,
WITH THE SOUTHWESTERLY liNE of' KENDALL DRIVE; THENCE SOUTH 27 DEGREES 54
MINUTES 40 SECONDS WEST ALONG THE NORTHWESTERLY UNE OF SAID BLOCK 72, S66.37
FEET TO A POINT ON THE NORTHEASTERLY BOUNDARY UNE OF THE ATCHISON, TOPEKA AND
SANTA FE STATION GROUNDS; THENCE SOUTH 38 DEGREES 30 MINUTES 30 SECONDS EAST
ALONG THE NORTHEASTERLY UNE OF SAID STATION GROUNDS, 296.90 FEET; THENCE NORTH
78 DEGREES 39 MINUTES 40 SECONDS EAST 205.80 FEET; THENCE SOUTH 67 DEGREES 18
MINUTES 10 SECONDS EAST 245 FEET; THENCE SOUTH 30 DEGREEj 02 MINUTES 40 SECONDS
EAST 125 FEET; THENCE SOUTH 68 DEGREES 33 MINUTES 00 SECONDS EAST 531.00 FEET TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 66 Ij>EGREES 33 MINUTES 00
SECONDS EAST 208.00 FEET; THENCE SOUTH 1 DEGREE"45 MINUTES 40 SECONDS WEST
208.00 FEET; THENCE NORTH 68 DEGREES 33 MINUTES 00 SECONDS WEST 208.00 FEET;
THENCE NORTH 1 DEGREE 45 MINUTES 40 SECONDS EAST 208.00 FEET TO THE POINT OF
BEGINNING.
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 2695 PAGE SS7, OFFICIAL RECORDS.
APN: 0265-021-29
PARCEL NO.2:
ALL THAT PORTION OF BLOCK 65 AND BLOCK 72, OF THE IRVINGTON LAND AND WATER
COMPANY SUBDMSION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CAliFORNIA, AS
PER MAP RECORDED IN BOOK 3, PAGE 9 OF MAPS, IN THE OFFICE OF THE COUNlY RECORDER
OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAID BLOCK 72,
WITH THE SOUTHWESTERlY UNE OF KENDAL.L DRIVE; THENCE SOUTH 27 DEGREES 54
MINUTES 40 SECONOS WEST, ALONG THE NORTHWESTERLY UNE OF SAID BLOCK 72,566.37
FEET TO A POINT ON THE NORTHEASTERLY BOUNDARY liNE OF THE ATCHISON, TOPEKA AND
SANTA FE STATION GROUNDS; THENCE SOUTH 38 DEGREES 30 MINUTES 30 SECONDS EAST
ALONG THE NORTHEASTERLY UNE OF SAID STATION GROUNDS, 296.90 FEET; THENCE NORTH
78 DEGREES 39 MINUTES 40 SECONDS EAST, 205.80 FEET; THENCE SOUTH 67 DEGREES 18
MINUTES 10 SECONDS EAST, 245.00 FEET; THENCE SOUTH 30 DEGREES 02 MINUTES 40
SECONDS EAST, 125 FEET; THENCE SOUTH 68 DEGREES 33 MINUTES 00 SECONDS EAST, 250
FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 27 DEGREES 46 MINUTES 10
SECONDS WEST 310 FEET TO A POINT; THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO THE
POINT OF INTERSECTION OF THE CENTER liNE OF CHESTNUT AVENUE, NOW VACATED, WITH
THE NORTHEASTERLY RIGHT OF WAY, OR PROPERTY liNE OF SAID RAILROAD, AS SHOWN ON
LICENSED LAND SURVEYOR'S MAP, RECORDED IN BOOK 5, PAGE 79 RECORDS OF SURVEY;
THENCE WESTERLY ALONG SAID RAILROAD PROPERlY, 64.22 FEET; THENCE NORTH 38
DEGREES 30 MINUTES 30 SECONDS WEST ALONG SAID NORTHEASTERLY UNEOf' SAID
RAILROAD, 502.81 FEET TO A POINT; THENCE NORTH 27 DEGREES 46 MINUTES 10 SECONDS
EAST, 4S5.97 FEET; THENCE SOUTH 68 DEGREES 33 MINUTES 00 SECONDS EAST, 180 'FEET TO
THE POINT OF BEGINNING.
, .
EXCEPTING FROM SAID LAND, ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
NOW, OR AT ANY TIME HEREAFTER SITUATED THEREIN AND THEREUNDER OR PRODUCEABLE
THEREFROM, TOGETHER WITH THE FREE RIGHT TO MINE, DRILL AND BORE BENEATH THE
SURFACE OF SAID LAND AT ANY LEVEL OR LEVELS FOR THE PURPOSE OF DEVELOPMENT OR
REMOVAL OF SUCH SUBSTANCES, TOGETHER WITH THE RIGHT OF INGRESS, AND EGRESS
UPON, SAID LAND, AS RESERVED IN THE DEED FROM CHARLES S. OLDER ET AL, RECORDED
JULY 13, 1955 IN BOOK 3689 PAGE 587, OFFICIAL RECORDS.
APN: 0266-012-13
PARCEL NO.3:
AN EASEMENT FOR INGRESS, EGRESS, PUBUC UTIlITY AND SEWER UNE PURPOSES OVER THE
FOLLOWING DESCRIBED PROPERTY:
THOSE PORTIONS OF LOT 66 OF ll-IE IRVINGTON LAND AND WATER COMPANY SUBDIVISION,
IN ll-IE COUNTY OF SAN BERNARDINO, STATE OF cAliFORNIA, AS PER MAP RECORDED IN
BOOK 1 OF RECORD SURVEYS PAGE 32 AND THAT PORTION OF LOT 1 OF TRACT NO. 3613, IN
ll-IE COUNTY OF SANBERNAR[)INO, STATE Cl.F CAli!,ORNIJ\' AS PER MAP RECORDED IN BOOK
50 OF MAPS, PAGE 5, IN THE OFFICE Of THE COUNlY RECORDER OF SAID COUNlY,
DESCRIBED AS FOLLOWS: '
BEGINNING AT THE INTERSECTION OF THE NORTHWEST UNE OF BLOCK 72 OF SAID
IRVINGTON LAND AND WATER COMPANY SUBDMSION, WITH THE SOUTHWESTERLY liNE OF
KENDALL DRIVE; THENCE ALONG THE NORTHWESTERLY UNE OF SAID BLOCK 72, SOUTH 27
DEGREES 54 MINUTES 40 SECONDS WEST 556.37 FEET TO A POINT ON THE NORTHEASTERLY
BOUNDARY liNE OF THE ATCHISON, TOPEKA AND SANTA FE STATION GROUNDS; THENCE
ALONG THE NORll-IEASTERLY liNE OF SAID STATION GROUNDS, SOUTH 38 DEGREES 30
MINUTES 30 SECONDS EAST 296.90 FEET; THENCE NORTH 78 DEGFtEES 39 MINUTES 40
SECONDS EAST 205.80 FEET; THENCE SOUTH 67 DEGREES 18 MINUTES 10 SECONDS EAST
24S.00 FEEr; THENCE SOUTH 30 DEGREES 02.MINUTES 40 SECONDS EAST 125.00 FEET;
THENCE SOUTH 68 DEGREES 33 MINUTES 00 SECONDS EAST 739.80 FEET; THENCE SOUTH 1
DEGREE 45 MINUTES 40 SECONDS WEST 234.06 FEET; THENCE SOUTH 24 DEGREES 22
MINUTES SO SECONDS EAST 90.20 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG
THE SOUTHEASTERLY liNE OF THAT CERTAIN PROPERTY DEEDED CARL PARTIN AND LEILA E.
PARTIN, HUSBAND AND WIFE, BY DEED NO. 1565, RECORDED IN BOOK 6305 PAGE 152,
OFFICIAL RECORDS, NORlll 84 DEGREES 34 MINUTES 00 SECONDSiEAST 339.94 FEET TO ll-IE
MOST EASTERLY CORNER OF SAID PARTIN PROPERlY; THENCE ALONG THE NORTHEASTERLY
UNE OF THE AFOREMENTIONED PARTIN PROPERTY, NORTH 11 DEGREES 09 MINUTES 00
. .,
SECONDS WEST 45.98 FEET TO THE BEGINNING OF A CURVE TO THE WEST, HAVJ;NG A
RADIUS OF 580.00 FEET; THENCE ALONG SAID CURVE TO THE WEst THROUGH A CENTRAL
ANGLE OF 8 DEGREES 30 MINUTES 00 SECONDS AN ARC DISTANCE OF 100.86 FEET TO THE
END THEREOF; ll-IENCE CONTINUING ALONG SAID NORTHEASTERLY liNE OF THE
AFOREMENTIONED PARTIN PROPERlY; NORTH 19 DEGREES 39 MINUTES 00 SECONDS WEST
113.13 FEET, MORE OR LESS, TO THE INTERSECTION OF SAID UNEWITH THE
SOUTHWESTERLY UNE OF LOT 1, TRACT NO. 3613, RECORDED IN BOOK 50 OF MAPS, PAGE 5,
RECORDS OF SAID COUNTY; THENCE NORTH 31 DEGREES 50 MINUTES 36 SECONDS EAST .
93.76 FEET TO THE SOUTHWESTERLY UNE OF KENDALL DRIVE; THENCE ALONG SAID
,
SOUTHWESTERlY UNE OF KENDALL DRIVE, BEING AN ARC OF A CURVE TO THE WEST HAVING
A RADIUS OF 18.125 FEET; 20.00 FEET; THENCE SOUTH 31 DEGREES 50 MINUTES 36 SECONDS
WEST 103 FEET MORE OR LESS, TO A UNE WHICH IS 20 FEET SOUTHWESTERLY OF AND
PARALLEL WITH THE AFOREMENTIONED NORTHEASTERLY UNE OF THE PARTIN PROPERlY;
.THENCE ALONG SAID UNE, WHICH IS 20 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE
NORTHEASTERlY UNE OF SAID PARTIN PROPERlY, SOUTH 19 DEGREES 39 MINutES 00
SECONDS EAST 125 FEET, MORE OR LESS, TO THE BEGINNING OF p\ CURVE TO THE EAST
HAVING A RADIUS OF 650.00 FEET; THENCE ALONG SAID CURVE TO ll-IE EAST THROUGH A
CENTRAL ANGLE OF 8 DEGREES 30 MINUTES 00 SECONDS AN ARC DISTANCE OF 97.91 FEET
TO THE END THEREOF; THENCE SOUTHWESjERLY ALONG A STRAIGHT UNE TO A POINT
WHICH BEARS SOUTH 84 DEGREES 34 MINUTES 00 SECONDS wEST; 50 FEET FROM THE
NORTHEASTERLY UNE OF SAID PARTIN PROPERTY AND ON A UNE WHICH liES 20 FEET
NORTHWESTERLY OF AND PARALLEL WITH THE SOUTHEASTERLY LINE OF THE
AFOREMENTIONED PARTIN PROPERlY; THENCE ALONG SAID LAND, SOUTH 84 MINUTES 34
MINUTES 00 SECONDS WEST 20S.00 FEET; THENCE NORTHWESTERLY ALONG A STRAIGHT
UNE TO A POINT WHICH BEARS NORTH 24 DEGREES 22 MINUTES 50 SECONDS WEST 9020
FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 24 DEGREES 22 MINUTES 50
SECONDS EAST 90.20 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL NO.4:
THAT PORTION OF BLOCK 65 OF IRVINGTON LAND AND WATER COMPANY SUBDMSION, IN
THE COUNlY OF SAN BERNARDINO, STATE OF CAUFORNIA, AS PER PLAT RECORDED IN BOOK
3 OF MAPS, PAGE 9, RECORDS OF SAID COUNlY, AND OF SECTION 12, TOWNSHIP 1 NORTH,
RANGE 5 WEST, SAN BERNARi:>INO BASE ANDMERIDIAN,AS THE liNE OF THE GOVERNMENT
SURVEY MAYBE ElITENOED ACll.OSS THE AANCHOMUscOiiiABE,"i'N THE COUNTY OF SAN
BERNARDINO, STATE OF CAliFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 23,
RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: .
BEGINNING AT A POINT ON ll-IE NORTHEASTERLY RIGHT OF WAY UNE OF THE ATCHISON,
TOPEKA AND SANTA FE RAILROAD COMPANY, AS SHOWN ON UCENSED LAND SURVEYOR'S
MAP RECORDED IN BOOK 6 OF RECORDS OF SURVEY, PAGE 79, OF SAN BERNARDINO COUNTY,
AT A POINT WHICH BEARS NORTH 380 30' 30" WEST 980 FEET FROM ll-IE CENTER UNE OF
PALM AVENUE; THENCE NORTHEASTERLY ALONG THE EASTERLY UNE OF PROPERlY DEEDED
TO CARL M. PRESTON AND GLADYCE J. PRESTON, HUSBAND AND WIFE AS JOINT TENANTS, BY
DEED DATED JUNE 18, 1952 AND RECORDED JUNE 27, 1952 IN BOOK 297S, PAGE 292,
OFFICIAL RECORDS OF SAID COUNTY, A DISTANCE OF 500 FEET; THENCE IN A
SOUTHWESTERLY DIRECTION NORTH 890 38' 30" WEST 200 FEET TO A POINT WHICH IS 300
FEET NORTHWESTERLY FROM A POINT ON THE NORTHEASTERLY liNE OF THE RAILROAD
RIGHT OF WAY WHICH IS NORTH 380 30' 30" WEST 270 FEET, MORE OR LESS, FROM THE
POINT OF BEGINNING; THENCE SOUTHEASTERLY AND PARALLEL WITH THE MOST EASTERLY
UNE OF THE ABOVE MENTIONED PRESTON PROPERTY, A DISTANCE OF 300 FEET TO THE
NORll-IEASTERLY liNE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD; THENCE SOUTH
380 30' 30" EAST ALONG THE RAILROAD 270 FEET, MORE OR LESS, TO THE POINT OF
BEGINNING. .
EXCEPT ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS AS CONVEYED IN THE
DEED FROM CHARLES S. OLDER AND ELSA OLDER, HUSBAND AND WIFE, AND ROBERT T.
OLDER AND BARBARA T. OLDER, HUSBAND AND WIFE TO STANDARD PROPERTIES, INC., A
CAUFORNIA CORPORATION, RECORDED NOVEMBER 15, 1950 IN BOOK 2595 OF OFFICIAL
RECORDS, PAGE S57.
APN: 0255-021-28
PARCEL NO.5:
ALL THAT PORTION OF MUSCUPIABE RANCHO, IN THE COUNlY OF SAN BERNARDINO, STATE
OF CAUFORNIA, AS PER MAP RECORDED IN BOOK 7 OF MAPS, PAGE 23, RECORDS OF SAID
COUNlY, INCLUDING A PORTION OF LOT 66 OFTHE LANDS OFTHE!IRVINGTON LAND AND
WATER COMPANY SUBDMSION, AS PER MAP RECORDED IN BOOK 1, PAGE 32, RECORDS OF
SURVEY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
-BEGINNING AT THE INTERSECTION OF THE CENTER UNE OF 40 FOOT WIDE PALM AVENUE,
WITH ll-IE NORTHEASTERLY RIGHT OF WAY OR PROPERTY liNE OFTHE ATCHISON, TOPEKA
AND SANTA FE RAILWAY CO., AS THE SAME IS SHOWN ON MAP RECORDED IN BOOK 6, PAGE
79, RECORDS OF SURVEY, RECORDS OF SAID COUNlY; ll-IENCE ALONG SAID CENTER UNE OF
PALM AVENUE, NORTH 27 DEG. 39' 30" EAST 461.74 FEET TO A POINT THEREIN WHICH BEARS
SOUTH 27 DEG. 39' 30" WEST 1237.28 FEET fROM THE CENTER UNE INTERSECTION OF SAID
PALM AVENUE AND KENDALL DRIVE, AS THE SAME IS SHOWN ON SAID MAP RECORDED IN
BOOK 6, PAGE 79 OF RECORDS OF SURVEY; THENCE NORTH 29 DEG. 46' 20" WEST 23.73 FEET
TO A POINT HEREINAFTER CALLED "POINT "A", ON THE WESTERLY 40 FEET RIGHT OF WAY
UNE OF SAID PALM AVENUE; THENCE CONTINUING NORTH 29 DEG~ 46' 20" WEST, 11.87 FEET
TO THE MOST SOUTHERLY CORNER OF LOT S OF TRACf NO. 4250,AS PER MAP RECORDED IN
BOOK S3, PAGE 52 OF MAPS, RECORDS OF SAID COUNTY; ll-IENCE ALONG THE
SOUTHWESTERLY UNE OF SAID LOT S OF TRACf NO. 4250, NORll-I :29 DEG. 46' 20" WEST
15.18 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NOR:THEAST HAVING A RADIUS
OF 580.57 FEET; THENCE ALONG SAID CURVE CONCAVE TO THE NORTHEAST AND THROUGH A
CENTRAL ANGLE OF 10 DEG. 04' 30" AN ARC DISTANCE OF 119.69 FEET TO THE END
THEREOF; THENCE CONTINUING ALONG SAID SOUTHWESTERLY UNE OF LOT 5 OF TRACf NO.
4250, NORTH 19 DEG. 41' 50" WEST 179 FEETTOll-IE MOST WESTERLY CORNER OF SAID LOT
5 OF TRACT NO. 4250; 1HENCE CONTINUING NOR1H 19 DEG. 41' 50" WEST 105.48 FEET TO A
POINT HEREINAFTER CALLED "POINT "B"; THENCE SOUTH 70 DEG. 18' 10" WEST 218.58 FEET
TO AN ANGLE POINT IN THE SOUTHERLY UNE SHOWN ON SAID MAP RECORDED IN BOOK 6,
PAGE 79, OF.RECORDS OF SURVEY; THENCE ALONG THE LAST MENTIONED SOUTHERLY UNE
NORTH 24 DEG. 22' 50" WEST 759.75 FEET TO A POINT THEREIN WHICH BEARS SOUTH 32
DEG. 14' 20" WEST 759.75 FEET TO A POINT THEREIN WHICH BEARS SOUTH 32 DEl>. 14' 20"
WEST 722.47 FEET FROM A POINT IN THE CENTER UNE OF SAID KENDALLDRIVE, WHICH
BEARS NORTH 57 DEG. 4S' 40' WEST 1040.28 FEET FROM SAID CENTER UNE INTERSECITON
OF KENDALL DRIVE AND PALM AVENUE; THENCE SOUTHERLY IN A STRAIGHT UNE TO A POINT
IN SAID NORTHEASTERLY RIGHT OF WAY OR PROPERlY UNE OF THE ATCHISON, TOPEKA
AND SANTA FE RAILWAY CO., WHICH BEARS NORTH 38 DEG. 30' 30" WE;ST 980 FEET FROM
THE INTERSECITON OF SAID RAILWAY COMPANY'S RIGHT OF WAY OR PROPERlY UNE WITH
THE SAID CENTER liNE OF pALM AVENUE; ll-IENCE ALONG SAID NORTHEASTERLY RIGHT OF
WAY OR PROPERTY UNE OF SAID RAILWAY COMPANY, SOUTH 38 DEG. 30' 30" EAST 980 FEET
TO THE POINT OF BEGINNING. .
EXCEPTING ll-IEREFROM THAT PORTION LYING WITHIN SAID PALM AVENUE.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT POINT "B" HEREINBEFORE DESCRIBED; ll-IENCE SOUTH 70 DEG. 18' 10" WEST
218.58 FEET TO AN ANGLE POINT IN THE SOUTHERLY UNE SHOWN ON SAID MAP RECORDED
IN BOOK 6, PAGE 79 OF RECORDS OF SURVEY; THENCE ALONG ll-IE LAST MENTIONED
SOUTHERLY UNE SOUTH 34 DEG. 24' 50" EAST, 235 FEET TO A POINT THEREOF; THENCE
EASTERLY IN A DIRECT liNE TOA POINT ON THE SOUTHWESTERLY liNE OF SAID LOT 5.
TRACT NO. 4250, WHICH POINT IS SOUTH 19 DEG. 41' 50" EAST, 228 FEET FROM THE POINT
OF BEGINNING; THENCE NORTH 19 DEG. 41' SO" WEST ALONG SAID SOUTHWESTERLY liNE OF
LOT S, TRACT NO. 4250, AND THE NORTHERLY EXTENSION THEREOF, A DISTANCE OF 228
FEET TO 1HE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM AN UNDMDED 1/2 INTEREST IN OIL, GAS AND OTHER
HYDROCARBONS AND MINERALS NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN AND
THEREUNDER, IN, UNDER OR ACROSS THE SAME, AND SUBSURFACE TO A DEPTH OF 500 FEET,
MEASURED IN A VERTICAL DIRECTION FROM THE EARTH SURFACE OF SAID LAND FOR THE
. . exPLORATION, DEVELOPMENT, EXTRACTING OR REMOVING ANY OIL, GAS OR OTHER
. HYDROCARBONS OR MINERALS FOUND THEREIN AS RESERVED IN THE DEED FROM CHAS S.
OLDER, RECORDED FEBRUARY 14,1955, INSTRUMENT NO. 276, IN BOOK 3855, PAGE 97,
OFFICIAL RECORDS.
SAID PROPERlY IS ALSO SHOWN'ON liCENSED LAND SURVEYORS MAP IN BOOK 5, PAGE 79,
RECORDS OF SURVEY.
APN: 0255-021-43
EXHIBIT "B"
APPLICATION FOR
EXTENSION OF SERVICE BY CONTRACT
AGENCY TO EXTEND SERVICE:
AGENCY NAME:
City of San Bernardino
CONTACT PERSON:
Jeanne'mane E. Fitzpatrick
300 N. "D" Street, San Bernardino, CA 92418
ADDRESS:
PHONE:
(909) 384-5328
CONTRACTING PARTY:
NAME OF
PROPERTY OWNER:
SB Ventures II LLC
10560 Elm Avenue, SUIte H2,
Fontana, CA 92337
MAILING ADDRESS:
PHONE:
(951) 206-6977
ADDRESS OF PROPERTY
PROPOSED FOR CONTRACT
No Address - Vacant land generally located
north of Cajon Boulevard and west of Palm Ave.
CONTRACT NUMBER/IDENTIFICATION:
2006-05
PARCEL NUMBER(S)
0266-021-29,0266-012-13,0266-021-28,0266-021-43
ACREAGE:
Approximately 23 Acres
The questions which 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 infonnation which you believe is
pertinent. Use additional sheets where necessary.
1.
(a)
List type of service(s) to be provided by this contract.
Sanitary Sewer
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 existing sewer services to this property. The City presently 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 is contiguous to City boundaries. However a jurisdictional change would
create an island. Property owner will be required to execute a written 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. Ifthe service extension is for development purposes, please provide a complete description of the
proj ect to be served.
Property is being developed as a commercial storage facility for modular building sales
and leasing.
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 sewer lines along Kendall Drive, Little
League Drive, Palm A venue and Cajon Boulevard.
3
Extension of Service by Contract
Application Form
CERTIFICATION
I liereby 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:
DATED:
April 10,2006
REQUIRED EXHIBITS 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
175 West Fifth Street, Second Floor
San Bernardino, CA 92415-0490
PHONE: (909) 387-5866
FAX: (909) 387-5871
4
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. 2006-05
2. Property Owner:
SB Ventures II LLC
3. Property Address: Vacant Land Generallv Located North ofCaion Boulevard and West of Palm Ave.
4. Service to be provided:
Connection to Sewer System
5. Service to be provided as follows:
Property owner will applv for sewer connection services
through the normal permit process now in effect bv the City for commercial use. All applicable
fees will be paid for bv the applicant as follows:
SEWER FEES
Sewer Connection (Permit): $289.91 per 3000 square feet or fraction thereof.
Sewer Lateral Fee: $15.00
Sewer Capacity Fee: $12.45 per gallon of sewage effluent as estimated by the Water Department.
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RESOLUTION NO.
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
GENERALLY LOCATED NORTH OF CAJON BOULEVARD AND WEST OF PALM
AVENUE
WHEREAS, SB Ventures II LLC, owner of property located in unincorporated territory
generally north of Cajon Boulevard and west of Palm Avenue, known as Assessor's Parcel
Numbers 0266-021-29, 0266-012-13, 0266-021-28 and 0266-021-43, 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;
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 generally located north of Cajon Boulevard and west of Palm Avenue,
-tt/:L
, c; I, / /\ III
04/11/06
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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 GENERALLY LOCATED NORTH OF CAJON BOULEVARD
AND WEST OF PALM AVENUE
known as Assessor's Parcel Numbers 0266-021-29, 0266-012-13, 0266-021-28 and 0266-021-43,
more fully described in Exhibit "A" attached hereto and made a part hereof.
SECTION 2. That the Director of Development Services, or his 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 "B" 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. 2006-05, a copy of which is attached
as Exhibit "B 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/
04/27 /06
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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 GENERALLY LOCATED NORTH OF CAJON BOULE V ARD
AND WEST OF PALM AVENUE
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof
held on the
day of
,20_, by the following vote, to wit:
Council Members: AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,20_
PATRICK J. MORRIS, Mayor
City of San Bernardino
Approved as to form:
04/27 /06
3
Exhibit "A"
PARCEL NO.1:
TI-lAT PORTION OF BLOCKS 66 AND 72 OF IRVINGTON LAND AND WATER COMPANY'S
SUBDMSION, IN TI-lE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 3, PAGE 9 OF MAPS, IN TI-lE OFFICE OF TI-lE COUNTY RECORDER OF SAID
COUNTY, AND OF SECTION 12, TOWNSHIP 1 NORTI-l, RANGE 5 WEST, SAN BERNARDINO
MERIDIAN, AS TI-lE LlNES OF TI-lE GOVERNMENT SURVEY MAY BE EXTENDED ACROSS TI-lE
RANCHO MUSCUPIABE, IN TI-lE COUNTY OF SAN BERNARDINO, STATE OF CALlFORNIA, AS PER .
MAP RECORDED IN BOOK 7 PAGE 23, OF MAPS, IN TI-lE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENONG AT TI-lE INTERSECTION OF JHE NPRTHWESTERL Y LlNE OF SAID BLOCK 72,
WITI-l TI-lE SOlJT1-1WESTERLY LlNE OF KENDALL DRIVE; TI-lENCE S0lJT1-127 DEGREES 54
MINUTES 40 SECONDS WEST ALONG THE NORTHWESTERLY LlNE OF SAID BLOCK 72, 566.37
FEET TO A POINT ON TI-lE NORTI-lEASTERL Y BOUNDARY LINE OF TI-lE ATCHISON, TOPEKA,
AND SANTA FE RAILROAD STATION GROUNDS; TI-lENCE SOlJT1-1 38 DEGREES 30 MINUTES 30
SECONDS EAST ALONG TI-lE NORTI-lEASTERLY LlNE OF SAID STATION GROUNDS, 296.90 FEET;
TI-lENCE NORTI-l 78 DEGREES 39 MINUTES 40 SECONDS EAST 205.80 FEET; TI-lENCE SOUTH 67
DEGREES 18 MINUTES 10 SECONDS EAST 245 FEEf; THENCE SmJTH 30 DEGREES 02 MINUTES
40 SECONDS EAST 125 FEET; TI-lENCE SOUTH 68 DEGREES 33 MINUTES 00 SECONDS EAST 250
FEET TO TI-lE TRUE POINT OF BEGINNING; TI-lENCE SOUTH 27 DEGREES 46 MINUTES 10
SECONDS WEST 310 FEET TO A POINT; THENCE SOUTHEASTERLY IN A STRAIGKf LlNE TO THE
POINT OF INTERSECTION OF TI-lE CENTER LlNE OF CHESTNUT AVENUE, NOW VACATED, WITH
TI-lE NORTI-lEASTERLY RIGHT OF WAY OR PROPERTY LlNE OF TI-lE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY, AS SHOWN ON LlCENSED LAND SURVEYOR'S MAP, RECORDED
IN BOOK 6 OF RECORD SURVEYS, PAGE 79; THENCE SOUTH 38 DEGlU=ES 30 MINUTES 30
SECONDS EAST ALONG THE NORTHEASTERLY RIGHT OF WAY OR PROPERTY UNE OF THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO A POINT WHICH BEARS NORTH 38
DEGREES 30 MINUTES 30 SECONDS WEST 980 FEET FROM THE CENTER liNE OF PALM
AVENUE; THENCE NORTHEASTERLY IN A STRAIGHT UNE TO A POINT WHICH BEARS SOUTH 32
DEGREES 14 MINUTES 20 SECONDS WEST 682.47 FEEf FROM A POINT IN TI-lE
SOUTHWESTERLY UNE OF KENDALL DRIVE WHICH IS DISTANT 1,013.45 FEET
NORTHWESTERLY FROM THE INTERSECTION OF THE SOUTI-lWESTERL Y LlNE OF KENDALL
DRIVE WITH THE NORTHWESTERLY UNE OF PALM AVENUE, AS SHOWN ON SAID UCENSED
LAND SURVEYOR'S MAP RECORDED IN BOOK 6, PAGE 79 OF RECORD SURVEYS; THENCE
NORTH 24 DEGREES 22 MINUTES 50 SECONDS WEST 90.20 FEET; THENCE NORTH 1 DEGREE
45 MINUTES 40 SECONDS EAST 234.06 FEET; THENCE NORTH 68 DEGREES 33 MINUTES 00
SECONDS WEST 489.80 FEET TO THE POINT OF BEGINNING.
EXCEPT THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTI-lEASTERLY RIGHT OF WAY UNE OF THE ATCHISON,
TOPEKA AND SANTA FE RAILWAY COMPANY, AS SHOWN ON UCENSED LAND SURVEYOR'S MAP
RECORDED IN BOOK 6, PAGE 79, RECORD SURVEYS, AT A POINT WHICH BEARS NORTI-l 38
DEGREES 30 MINUTES 30 SECONDS WEST 980 FEET FROM THE CENTER liNE OF PALM
AVENUE; TI-lENCE NORTI-lEASTERLY ALONG THE 'EASTERLY UNE OF PROPERTY DEEDED TO
CARL M. PRESTON AND GLADYCE J. PRESTON, HUSBAND AND WIFE AS JOINT TENANTS, BY
DEED DATED JUNE 18,1952 AND RECORDED JUNE 27, 1952 IN BOOK 2975 PAGE 292,
OFFICIAL RECORDS, A DISTANCE OF 500 FEEf; THENCE IN A SOlJT1-1WESTERLY DIRECITON
NORTI-l 89 DEGREES 38 MINUTES 30 SECONDS WEST 200 FEET TO A POINT WHICH IS 300
FEET NORTHWESTERLY FROM A POINT ON THE NORTI-lEASTERL Y UNE OF THE RAILROAD
RIGHT OF WAY WHICH IS NORTH 38 DEGREES 30 MINUTES 30 SECONDS WEST 270 FEET,
MORE OR LESS, FROM TI-lE TRUE POINT OF BEGINNING; TI-lENCE SOUTHEASTERLY AND
PARALLEL WITH THE MOST EASTERLY liNE OF THE ABOVE MENTIONED PRESTON PROPERTY A
DISTANCE OF 300 FEET TO THE NORTI-lEASTERL Y liNE OF THE ATCI;iISON, TOPEKA AND
SANTA FE RAILROAD, THENCE SOUTH 38 DEGREES 30 MINlJTES 30 ~ECONDS EAST ALONG
THE RAILROAD 270 FEET, MORE OR LESS TO THE POINT OF BEGINNING.
ALSO EXCEPT THAT PORTION OF SAID BLOCK 66 AND 72, DESCRIBED AS FOLLOWS:
COMMENONG AT THE INTERSECITON OF THE NORTHWESTERLY LINE OF SAID BLOCK 72,
WITH THE SOUTHWESTI:RL Y LINE OF KENDALL DRIVEi THENCE SOlffil 27 DEGREES 54
MINUTES 40 SECONDS WEST ALONG THE NORTHWESTERLY liNE OF SAID BLOCK 72,566.37
FEET TO A POINT ON THE NOR1liEASTI:RLY BOUNDARY LINE OF THE ATCHISON, TOPEKA AND
SANTA FE STATION GROUNDS; THENCE SOUTH 38 DEGREES 30 MINUTES 30 SECONDS EAST
ALONG THE NORTHEASTI:RLY LINE OF SAID STATION GROUNDS, 296.90 FEET; THENCE NOR1li
78 DEGREES 39 MINUTES 40 SECONDS EAST 205.80 FEET; THENCE SOlffil 67 DEGREES 18
MINUTES 10 SECONDS EAST 245 FEET; 1liENCE SOUTH 30 DEGREE$ 02 MINUTES 40 SECONDS
EAST 125 FEET; THENCE SOUTH 68 DEGREES 33 MINUTES 00 SECONDS EAST 531.00 FEET TO
1liE lRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 66 IpEGREES 33 MINUTES 00
SECONDS EAST 208.00 FEET; THENCE SOUTH 1 DEGREE 45 MINUTES 40 SECONDS WEST
208.00 FEET; THENCE NORTH 68 DEGREES 33 MINUTES 00 SECONDS WEST 20B.00 FEET;
THENCE NOR1li 1 DEGREE 45 MINUTES 40 SECONDS EAST 208.00 FEET TO THE POINT OF
BEGINNING.
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.
APN: 0266-021-29
PARCEL NO.2:
ALL THAT PORTION OF BLOCK 66 AND BLOCK 72, OF THE IRVINGTON LAND AND WATER
COMPANY SUBDMSION, IN THE COUNlY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 3, PAGE 9 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, DESCRIBED AS FOllOWS:
COMMENONG AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAID BLOCK 72,
WITH THE SOUTHWESTERLY UNE OF KENDAL.L DRIVE; THENCE SOUTH 27 DEGREES 54
MINUTES 40 SECONDS WEST, ALONG THE NORTHWESTERLY LINE OF SAID BLOCK 72,566.37
FEET TO A POINT ON THE NOR1liEASTI:RLY BOUNDARY LINE OF THE ATCHI50N, TOPEKA AND
SANTA FE STATION GROUNDS; THENCE SOUTH 38 DEGREES 30 MINUTES 30 SECONDS EAST
ALONG THE NORTHEASTERLY LINE OF SAID STATION GROUNDS, 296.90 FEET; THENCE NORTH
78 DEGREES 39 MINUTES 40 SECONDS EAST, 205.80 FEET; THENCE SOUTH 67 DEGREES 18
MINUTES 10 SECONDS EAST, 245.00 FEET; THENCE SOUTH 30 DEGREES 02 MINUTES 40
SECONDS EAST, 125 FEET; THENCE SOUTH 68 DEGREES 33 MINUTES 00 SECONDS EAST, 250
FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 27 DEGREES 46 MINUTES 10
SECONDS WEST 310 FEET TO A POINT; THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO THE
POINT OF INTERSECTION OF THE CENTER LINE OF CHESTNUT AVENUE, NOW VACATED, WITH
THE NORTHEASTERLY RIGHT OF WAY, OR PROPERTY LINE OF SAID RAILROAD, AS SHOWN ON
LICENSED LAND SURVEYOR'S MAP, RECORDED IN BOOK 6, PAGE 79 RECORDS OF SURVEY;
THENCE WESTERLY ALONG SAID RAILROAD PROPERTY, 64.22 FEET; THENCE NORTH 38
DEGREES 30 MINUTES 30 SECONDS WEST ALONG SAID NORTHEASTERLY LINE OF SAID
RAILROAD, 502.81 FEET TO A POINT; THENCE NORTH 27 DEGREES 46 MINUTES 10 SE~ONDS
EAST, 455.97. FEET; THENCE SOUTH 68 DEGREES 33 MINUTES 00 SECONDS EAST, 180 FEET TO
THE POINT OF BEGINNING.
I .
EXCEPTING FROM SAID LAND, ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
NOW, OR AT ANY TIME HEREAFTER SITUATED THEREIN AND THEREUNDER OR PRODUCEABLE
THEREFROM, TOGETHER WITH THE FREE RIGHT TO MINE, DRiLL AND BORE BENEATH THE
SURFACE OF SAID LAND AT ANY LEVEL OR LEVELS FOR THE PURPOSE OF DEVELOPMENT OR
REMOVAL OF SUCH SUBSTANCES, TOGETHER WITH THE RIGHT OF INGRESS, AND EGRESS
UPON, SAID LAND, AS RESERVED IN THE DEED FROM CHARLES S. OLDER ET AL, RECORDED
JULY 13, 1955 IN BOOK 3689 PAGE 587, OFFICIAL RECORDS.
APN: 0266-012-13
PARCEL NO.3:
AN EASEMENT FOR INGRESS1 EGRESS1 PUBLIC UTILfTY AND SEWER LINE PURPOSES OVER lliE
FOLLOWING DESCRIBED PROPERTY:
THOSE PORTIONS OF LOT 66 OF THE IRVINGTON LANO AND WATER COMPANY SUBDIVISION,
IN THE COUNTY OF SAN BERNARDINO, STATE OF CAliFORNIA, AS PER MAP RECORDED IN
BOOK 1 OF RECORD SURVEYS PAGE 32 AND THAT PORTION OF LOT 1 OF TRACT NO. 3613, IN
THE COUNTY OF SAN BERNARDINO, STATE OF CAliFORNIA/ AS PER MAP RECORDED IN BOOK
50 OF MAPS/ PAGE 5/ IN THE OFFICE Of THE COUNTY REOORbEROF SAID COUNTY,
DESCRIBED AS FOLLOWS: I
BEGINNING AT THE INTERSECTION OF THE NORTHWEST LINE OF BLOCK 72 OF SAID
IRVINGTON LAND AND WATER COMPANY SUBDMSION, WITH THE SOUTHWESTERLY liNE OF
KENDALL DRIVE; THENCE ALONG THE NORTHWESTERLY LINE OF SAID BLOCK 72/ SOUTH 27
DEGREES 54 MINUTES 40 SECONDS WEST 566.37 FEET TO A POINT ON THE NORTHEASTERLY
BOUNDARY LINE OF THE ATCHISON/ TOPEKA AND SANTA FE STATION GROUNDS; THENCE
ALONG THE NORTHEASTERLY LINE OF SAID STATION GROUNDS/ SOUTH 38 DEGREES 30
MINUTES 30 SECONDS EAST 296.90 FEET; THENCE NORTH 78 DEGREES 39 MINUTES 40
SECONDS EAST 205.80 FEET; THENCE SOUTH 67 DEGREES 18 MINUTES 10 SECONDS EAST
245.00 FEET; THENCE SOUTH 30 DEGREES 02MINUTES 40 SECONDS EAST 125.00 FEET;
THENCE SOUTH 68 DEGREES 33 MINUTES 00 SECONDS EAST 739.80 FEET; THENCE SOUTH 1
DEGREE 45 MINUTES 40 SECONDS WEST 234.06 FEET; THENCE SOUTH 24 DEGREES 22
MINUTES 50 SECONDS EAST 90.20 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG
THE SOUTHEASTERLY LINE OF THAT CERTAIN PROPERTY DEEDED CARL PARTIN AND LEILA E.
PARTIN, HUSBAND AND WIFE, BY DEED NO. 1565, RECORDED IN BOOK 6305 PAGE 162,
OFFICIAL RECORDS, NORTH 84 DEGREES 34 MINUTES 00 SECONDS;EAST 339.94 FEET TO ll-lE
MOST EASTERLY CORNER OF SAID PARTIN PROPERTY; THENCE ALONG THE NORTHEASTERLY
LINE OF THE AFOREMENTIONED PARTIN PROPERTY/ NORTH 11 DE~REES 09 MINUTES 00
SECONDS WEST 46.98 FEET TO THE BEGINNING OF A CURVE TO THE WEST, HAVING A
RADIUS OF 680.00 FEET; THENCE ALONG SAID CURVE TO THE WEST THROUGH A CENTRAL
ANGLE OF 8 DEGREES 30 MINUTES 00 SECONDS AN ARC DISTANCE OF 100.86 FEET TO THE
END THEREOF; THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE OF THE
AFOREMENTIONED PARTIN PROPERlY; NORTH 19 DEGREES 39 MINUTES 00 SECONDS WEST
113.13 FEET, MORE OR LESS, TO THE INTERSECTION OF SAID LINE.WITH THE
SOUTHWESTERLY LINE OF LOT 1, TRACT NO. 3613, RECORDED IN BOOK 50 OF MAPS, PAGE 5,
RECORDS OF SAID COUNTY; THENCE NORTH 31 DEGREES 50 MINUTES 36 SECONDS EAST .
93.76 FEET TO THE SOUTHWESTERLY LINE OF KENDALL DRIVE; THENCE ALONG SAID
SOUTHWESTERLY LINE OF KENDALL DRIVE, BEING AN ARC OF A CURVE TO THE WEST HAVING
A RADIUS OF 18.125 FEET; 20.00 FEET; THENCE SOUTH 31 DEGREES 50 MINUTES 36 SECONDS
WEST 103 FEET MORE OR LESS, TO A LINE WHICH IS 20 FEET SOUTHWESTERLY OF AND
PARALLEL WITH THE AFOREMENTIONED NORTHEASTERLY LINE OF THE PARTIN PROPERlY;
. THENCE ALONG SAID LINE/ WHICH IS 20 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE
NORTHEASTERLY LINE OF SAID PARTIN PROPERTY/ SOUTH 19 DEGREES 39 MINuTEs 00
SECONDS EAST 125 FEET, MORE OR LESS, TO THE BEGINNING OF A CURVE TO THE EAST
HAVING A RADIUS OF 660.00 FEET; THENCE ALONG SAID CURVE TO THE EAST THROUGH A
CENTRAL ANGLE OF 8 DEGREES 30 MINUTES 00 SECONDS AN ARC DISTANCE OF 97.91 FEET
TO THE END THEREOF; THENCE SOUTHWESJERLY ALONG A STRAIGHT LINE TO A POINT
WHICH BEARS SOUTH 84 DEGREES 34 MINUTES 00 SECONDS west 50 FEET FROM THE
NORTHEASTERLY LINE OF SAID PARTIN PROPERTY AND ON A LINE WHICH LIES 20 FEET
NORTHWESTERLY OF AND PARALLEL WITH THE SOUTHEASTERLY LJ;NE OF THE
AFOREMENTIONED PARTIN PROPERlY; THENCE ALONG SAID LANDI SOUTH 84 MINUTES 34
MINUTES 00 SECONDS WEST 205.00 FEET; THENCE NORTHWESTERLY ALONG A STRAIGHT
LINE TO A POINT WHICH BEARS NORTH 24 DEGREES 22 MINUTES 5'0 SECONDS WEST 9020
FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 24 DEGREES 22 MINUTES 50
SECONDS EAST 90.20 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL NO.4:
THAT PORTION OF BLOCK 66 OF IRVINGTON LAND AND WATER COMPANY SUBDMSION, IN
THE COUNlY OF SAN BERNARDINO, STAlE OF CAUFORNIA, AS PER PLAT RECORDED IN BOOK
3 OF MAPS, PAGE 9, RECORDS OF SAID COUNlY, AND OF SECTlON 12., TOWNSHIP 1 NORTH,
RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS THE LINE OF THE GOVERNMENT
SURVEY MAY BE EXTENDED ACROSS THE RANCHO MusdJpiAsE:,"INTHECOUNlY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 23,
RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF THE ATCHISON
TOPEKA AND SANTA FE RAILROAD COMPANY, AS SHOWN ON LICENSED LAND SURVEYOR'S
MAP RECORDED IN BOOK 6 OF RECORDS OF SURVEY, PAGE 79, OF SAN BERNARDINO COUNTY,
AT A POINT WHICH BEARS NORTH 380 30' 30" WEST 980 FEET FROM THE CENTER LINE OF
PALM AVENUE; THENCE NORTHEASTERLY ALONG THE EASTERLY llNE OF PROPERlY DEEDED
TO CARL M. PRESTON AND GLADYCE J. PRESTON, HUSBAND AND WIFE AS JOINT TENANTS, BY
DEED DATED JUNE 18, 1952. AND RECORDED JUNE 27,1952 IN BOOK 2975, PAGE 2.92.,
OFFICIAL RECORDS OF SAID COUNTY, A DISTANCE OF 500 FEET; THENCE IN A
SOUTHWESTERLY DIREC110N NORTH 890 38' 30" WEST 200 FEET TO A POINT WHICH IS 300
FEET NORTHWESTERLY FROM A POINT ON THE NORTHEASTERLY LINE OF THE RAILROAD
RIGHT OF WAY WHICH IS NORTH 380 30' 30" WEST 270 FEET, MORF: OR LESS, FROM THE
POINT OF BEGINNING; THENCE SOlffilEASTERLY AND PARALLEL WITH THE MOST EASTERLY
LINE OF THE ABOVE MENTIONED PRESTON PROPERlY, A DISTANCE OF 300 FEET TO THE
NORTHEASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD; THENCE SOUTH
380 30' 30" EAST ALONG THE RAILROAD 2.70 FEET, MORE OR LESS, TO THE POINT OF
BEGINNING. .
EXCEPT ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS AS CONVEYED IN THE
DEED FROM CHARLES S. OLDER AND ELSA OLDER, HUSBAND AND WIFE, AND ROBERT T.
OLDER AND BARBARA T. OLDER, HUSBAND AND WIFE TO STANDARp PROPERTIES, INC., A
CALIFORNIA CORPORATION, RECORDED NOVEMBER 15, 1950 IN BOOK 2696 OF OFFICIAL
RECORDS, PAGE 557.
APN: 02.66-021-28
PARCEL NO.5:
ALL THAT PORTION OF MUSCUPIABE RANCHO, IN THE COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7 OF MAPS, PAGE 23, RECORDS OF SAID
COUNTY, INCLUDING A PORTION OF LOT 66 OF THE LANDS OF THE! IRVINGTON LAND AND
WATER COMPANY SUBDMSION, AS PER MAP RECORDED IN BOOK 1, PAGE 32, RECORDS OF
SURVEY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: :
BEGINNING AT THE INTERSEC110N OF THE CENTER LINE OF 40 FOOT WIDE PALM AVENUE,
WITH THE NORTHEASTERLY RIGHT OF WAY OR PROPERlY LINE OFTHE ATCHISON, TOPEKA
AND SANTA FE RAILWAY CO., AS THE SAME IS SHOWN ON MAP RECORDED IN BOOK 6, PAGE
79, RECORDS OF SURVEY, RECORDS OF SAID COUNlY; THENCE ALONG SAID CENTER LINE OF
PALM AVENUE, NORTH 27 DEG. 39' 30" EAST 461.74 FEET TO A POINT THEREIN WHICH BEARS
SOUTH 27 DEG. 39' 30" WEST 1237.28 FEET fROM THE CENTER liNE INTERSECl10N OF SAID
PALM AVENUE AND KENDALL DRIVE, AS. THE SAME IS SHOWN ON SAID MAP RECORDED IN
BOOK 6, PAGE 79 OF RECORDS OF SURVEY; THENCE NORTH 29 DEG. 46' 20" WEST 23.73 FEET
TO A POINT HEREINAFTER CALLED "POINT "A", ON THE WESlERLY 40 fEET RIGHT Of WAY
LINE OF SAID PALM AVENUE; THENCE CONTINUING NORTH 29 DEG; 46' 20" WEST, 11.87 FEEf
TO THE MOST SOUTHERLY CORNER OF LOT 5 OF TRACT NO. 4250, As PER MAP RECORDED IN
BOOK 53, PAGE 52 OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE
SOUTHWESlERLY llNE OF SAID LOT 5 OF TRACT NO. 4250, NORTH;29 DEG. 46' 20" WEST
16.18 FEEf TO THE BEGINNING OF A CURVE CONCAVE TO THE NO~THEAST HAVING A RADIUS
OF 680.67 FEEf; THENCE ALONG SAID CURVE coNCAVE TO THE NORTHEAST AND THROUGH A
CENTRAL ANGLE OF 10 DEG. 04' 30" AN ARC DISTANCE OF 119.69 FEEfTO THE END
THEREOF; THENCE CONTINUING ALONG SAID SOUTHWESTERLY UNE OF LOT 5 OF TRACT NO.
42507 NORTH 19 DEG. 41' 50" WEST 179 FEET TO THE MOST WESTERLY CORNER OF SAID LOT
5 OF TRACT NO. 4250; THENCE CONTINUING NORTH 19 DEG. 41' 50" WEST 105.48 FEET TO A
POINT HEREINAFTER CALLED "POINT "B"; THENCE SOUTH 70 DEG. 18' 10" WEST 218.58 FEET
TO AN ANGLE POINT IN THE SOUTHERLY LINE SHOWN ON SAID MAP RECORDED IN BOOK 6,
PAGE 79, OF.RECORDS OF SURVEY; THENCE ALONG THE LAST MENTIONED SOUTHERLY LINE
NORTH 24 DEG. 22' 50" WEST 759.75 FEET TO A POINT THEREIN WHICH BEARS SOUTH 32
DEG. 14' 20" WEST 759.75 FEET TO A POINT THEREIN WHICH BEARS SOUTH 32 DEG. 14' 20"
WEST 722.47 FEET FROM A POINT IN THE CENTER LINE OF SAID KENDALL DRIVE, WHICH
BEARS NORTH 57 DEG. 45' 40' WEST 1040.28 FEET FROM SAID CENTER LINE INTERSECTION
OF KENDALL DRIVE AND PALM AVENUE; THENCE SOUTHERLY IN A STRAIGHT LINE TO A POINT
IN SAID NORTHEASTERLY RIGI-IT OF WAY OR PROPERlY LINE OF THE ATCHISON, TOPEKA
AND SANTA fE RAILWAY CO., WHICH BEARS NORTH 38 DEG. 30' 30" WEST 980 fEET fROM
THE INTERSECTION Of SAID RAILWAY COMPANY'S RIGI-IT Of WAY OR PROPERlY LINE WITH
THE SAID CENTER LINE OF PALM AVENUE; THENCE ALONG SAID NORTHEASTERLY RIGHT OF
WAY OR PROPERlY LINE OF SAID RAILWAY COMPANY, SOUTH 38 DEG. 30' 30" EAST 980 FEET
TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN SAID PALM AVENUE.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT POINT "B" HERaNBEFORE DESCRIBED; THENCE SOUTH 70 DEG. 18' 10" WEST
218.58 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE SHOWN ON SAID MAP RECORDED
IN BOOK 6, PAGE 79 OF RECORDS OF SURVEY; THENCE ALONG THE LAST MENTIONED
SOUTHERLY LINE SOUTH 34 DEG. 24' 50" EAST, 235 FEET TO A POINT THEREOF; THENCE
EASTERLY IN A DIRECT LINE TOA POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 5.
TRACT NO. 4250, WHICH POINT IS SOUTH 19 DEG. 41' 50" EAST, 228 FEET FROM THE POINT
OF BEGINNING; THENCE NORTH 19 DEG. 41' 50" WEST ALONG SAID SOUTHWESTERLY LINE OF
LOT 5, TRACT NO. 4250, AND THE NORTHERLY EXTENSION THEREOF, A DISTANCE OF 228
FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM AN UNDMDED 1/2 INTEREST IN OIL, GAS AND OTHER
HYDROCARBONS AND MINERALS NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN AND
THEREUNDER, IN, UNDER OR ACROSS THE SAME, AND SUBSURFACE TO A DEPTH OF 500 FEET,
MEASURED IN A VERTICAL DIRECTION FROM THE EARTH SURFACE OF SAID LAND FOR THE
CXPLORATION, DEVELOPMENT, EXTRACTING OR REMOVING ANY OIL, GAS OR OTHER
HYDROCARBONS OR MINERALS FOUND THEREIN AS RESERVED IN THE DEED FROM CHAS S.
OLDER, RECORDED FEBRUARY 14,1956, INSTRUMENT NO. 276, IN BOOK 3856, PAGE 97,
OFFICIAL RECORDS.
SAID PROPERlY IS ALSO SHOWN'ON LICENSED LAND SURVEYORS MAP IN BOOK 6, PAGE 79,
RECORDS OF SURVEY.
APN: 0266-021-43
EXHIBIT "B"
APPLICATION FOR
EXTENSION OF SERVICE BY CONTRACT
AGENCY TO EXTEND SERVICE:
AGENCY NAME:
City of San Bernardino
CONTACT PERSON:
Jeanne'marie E. Fitzpatrick
300 N. "D" Street, San Bernardino, CA 92418
ADDRESS:
PHONE:
(909) 384-5328
CONTRACTING PARTY:
NAME OF
PROPERTY OWNER:
MAILING ADDRESS:
SB Ventures II LLC
10560 Elm Avenue, Smte B2,
Fontana, CA 92337
PHONE:
(951) 206-6977
ADDRESS OF PROPERTY
PROPOSED FOR CONTRACT
No Address - Vacant land generally located
north of Cajon Boulevard and west of Palm Ave.
CONTRACT NUMBERlIDENTIFICA TION:
2006-05
PARCEL NUMBER(S)
0266-021-29,0266-012-13,0266-021-28,0266-021-43
ACREAGE:
Approximately 23 Acres
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.
1.
(a)
List type of service(s) to be provided by this contract.
Sanitary Sewer
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 existing sewer services to this property. The City presently 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 is contiguous to City boundaries. However a jurisdictional change would
create an island. Property owner will be required to execute a written 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 being developed as a commercial storage facility for modular building sales
and leasing.
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 sewer lines along Kendall Drive, Little
League Drive, Palm Avenue and Cajon Boulevard.
3
Extension of Service by Contract
Application Form
CER TIFICA TION
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:
DATED:
April 10, 2006
REQUIRED EXHIBITS 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
175 West Fifth Street, Second Floor
San Bernardino, CA 92415-0490
PHONE: (909) 387-5866
FAX: (909) 387-5871
4
City of San Bernardino
Development Services Department
Extension of City Services by Contract
Plan for Providing Service
I. Contract I Agreement Reference: Irrevocable Agreement to Annex No. 2006-05
2. Property Owner:
SB Ventures II LLC
3. Property Address: Vacant Land Generally Located North ofCaion Boulevard and West of Palm Ave.
4. Service to be provided:
Connection to Sewer System
5. Service to be provided as follows:
Property owner will apply for sewer connection services
through the normal permit process now in effect by the City for commercial use. All applicable
fees will be paid for by the applicant as follows:
SEWER FEES
Sewer Connection (Permit): $289.91 per 3000 square feet or fraction thereof.
Sewer Lateral Fee: $15.00
Sewer Capacity Fee: $12.45 per gallon of sewage effluent as estimated by the Water Department.
EXHIBIT "B-1"
LAFCO SC#
IRREVOCABLE AGREEMENT TO ANNEX
No. 2006-05
THIS AGREEMENT, entered into this day of
20 ; by and between SB Ventures II LLC , hereinafter referred to as
"OWNERS," 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 2910 North
Macy Street. San Bernardino County, California, and parcels are more fully described in
Exhibit "A" attached hereto and made a part hereof.
Assessor's Parcel Number(s) 0266-021-29.0266-012-13,0266-021-28 and
0266-021-43 ; and
WHEREAS, said parcel is within the Sphere ofInfluence of CITY; and
WHEREAS, OWNERS desire to obtain sewer service for said parcels; and
WHEREAS, sewer service could be provided to said parcels 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 parcels
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 ofInfluence.
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.
IRREVOCABLE AGREEMENT TO ANNEX NO.
2006-05
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 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.
IRREVOCABLE AGREEMENT TO ANNEX NO.
2006-05
LAFCO SC#
SECTION 2: CITY Agrees-
a. To allow OWNERS' parcels, 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 parcels 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
Commission.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their respective officials thereunto duly authorized.
SB VENTURES II LLC
CITY OF SAN BERNARDINO
By:
By:
OWNER
PATRICK 1. MORRIS, Mayor
ATTEST:
City Clerk
Approved as to Form:
JAMES F. PENMAN
C;ty :t1ey !I: /l I! L .--:J
By !ia~ ~