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CITY OF SAN BER"RDINO - REQUEST .R COUNCIL ACTION
Bernard C. Kersey, Secretary'-. ....
$lIbject: ". REQUEST FOR SEWER SERVICE OUTSIDE
THE CORPORATE LIMITS OF THE CITY
24944 COULSTON STREET
MR. & MRS. VICTOR BARRION
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Board of Water Commissioners
Date: July 23, 1990
Synopsis of Previous Council action:
None
Recommended motion:
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Adopt Resolution
pc: Roger Hardgrave
Signature
Contact person: Bernard C. Kersey
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Supporting data attached: Yes
Phone: 1R4-~nQl
Ward:
FUNDING REQUIREMENTS:
Amount:
NA
Source: (Acct. No.)
(Acct. Descriotion)
Finance:
~Cil Notes:
75.0262
Agenda Item No. 3'1
CITY OF SAN BERARDINO - REQUEST -'R COUNCIL ACTION
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STAFF REPORT
Mr. & Mrs. Victor Barrion have submitted a request to connect a
single family residence located at 24944 Coulston Street (Assessors
Parcel No. 281-132-25) to the City's sewer system. The property
is located outside the corporate limits of the City.
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The property is a 60' by 150' lot with a single family house that
is occupied by tenants. According to information submitted by Mr.
& Mrs. Barrion, the septic tank on the property has been pumped
three (3) times since January, 1990, and several contractors advise
the septic tank is beyond repair. Addi tional information was
submitted by a plumbing contractor stating the ground at the
property is saturated and there is not enough space to install a
minimum of a 5x26 ft. deep seepage pit or leach line.
Based on the information presented, the Board of Water
Commissioners at their July 17, 1990 meeting, voted unanimously to
approve the request for sewer service for 24944 Coulston Street
based upon the health and safety of the people living at the
property, and authorized the Secretary to submit the request to
the Mayor and Common Council.
It should be noted that this property is within the area that is
in the process of annexation to the City of San Bernardino. This
individual lot is not adjacent to current City boundaries, but a
sewer main is available.
It is requested that this item be scheduled as soon as possible due
to the health and safety concerns of the tenants in the property.
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AFFECTED PROPERTY
24944 COULSTON STREET
APN 281-132-25
CITY OF SAN BERNARDINO
MUNICIPAL WATER DEPARTMENT
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REQUEST FOR OutSIDE CITY SEWER CONNECTION
24944 COULSTON STREET, MR. & MRS. VICTOR
BARRION
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7 known as 24944 Coulston Street, outside the corporate limits of the
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE CONNECTION OF A SINGLE FAMILY
RESIDENCE LOCATED AT 24944 COULSTON STREET TO THE CITY'S SEWER
SYSTEM.
WHEREAS, Mr. and Mrs. Victor Barrion, owners of the property
City, have requested sewer service for a single family residence
at said location; and
WHEREAS,
the Board of Water Commissioners considered the
11 request for sewer service to said parcel, and recommends approval
12 based on a finding of health and safety due to a failed septic
13 system, and the inability of the owners to replace the septic
14 system.
15 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
16 OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
17 That the property owned by Mr. & Mrs. Victor Barrion, located
18 at 24944 Coulston Street, Assessors Parcel No. 281-132-25 be
19 authorized to connect to the City's sewer system, SUbject to the
20 payment of all applicable fees and charges, and entering into
21 a standard form agreement for Outside City Sewer Service, a copy
22 of which is attached hereto and incorporated herein as Exhibit "A".
23 I HEREBY CERTIFY that the foregoing resolution was dUly
24 adopted by the Mayor and Common Council of the City of San
25 Bernardino at a meeting thereof, held
26 on the day of , 19_, by the
e 27 fOllowing vote to wit:
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7/23/90
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RECORDING aBQUESTED BY
AND WIlD RJ:COItbt!:D HAIL TO
City of San Bernardino
Municipal Water Department
P.O. Box 710
San Bernardino, California 92402
ATTN: Marjorie A. Scott
AGREEMENT
(Sewer Connection and Service)
THIS AGREEMENT is made and entered into this
day of
, 19~, by and between City of San Bernardino,
a municipal corporation of the State of California, herei.nafter
victor and Myrna Barrion
referred to as "CITY", and
and his/her/their successor( s)
in interest, hereinafter referred to as "USER".
WITNESSETH:
WHEREAS, User is the owner of certain premises commonly known
24944 Coulston Street
(Street Address)
as
20 San Bernardino, California, and more particularly described as
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follows to wit:
22 Assessor's Parcel No.:
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AP #281-132-25
East 60 feet of lot 29,
Legal Description of Property:
Tract 2661, as ~er map recorded in Book 281, page 13 of
Maps, in the office of the County Recorder of San Bernardino
County.
WHEREAS, User represents that it has a legal interest in the
28 property and that all other persons holding legal interests in the
EXHIBIT "A"
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1 property and all successors in interest are bound by this
2 Agreement; and
3 WHEREAS, the above described premises are presently located
4 outside the City limits of City; and
5 WHEREAS, the above described premises does not receive sewer
6 service; and
7 WHEREAS, it is the desire of the parties hereto that User may
8 avail himself of City's sewer facilities.
9 NOW, THEREFORE, in consideration of the promises and of mutual
10 covenants and agreements herein, it is mutually understood and
11 agreed as follows:
12 1. City hereby permits User to install and construct a sewer
13 lateral connecting the sewer plumbing system in any building on the
14 above described premises to an existing pUblic sewer main of City.
15 User shall be responsible for the repair and maintenance of the
16 sewer lateral up to the point it connects to the public sewer main.
17 Said installation, construction and connection shall be made at
18 User's sole cost and expense.
19 2. User agrees to abide by all the terms and provisions of the
20 San Bernardino Municipal Code, Chapters 13.08, 13.16 and 13.32,
21 made a part hereof by reference, which shall include, but is not
22 limited to, the User's agreeing to apply for and obtain from City
23 an appropriate permit for the aforesaid sewer connection, pay all
24 fees necessary for such permit and sewer connection, cause all
25 appropriate inspections to be made and comply with all conditions
26 and requirements made by the office of the City Engineer and other
27 departments of the City, or as may be provided in said San
28 Bernardino Municipal Code Chapters 13.08 and 13.32 or other
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ordinances, laws, or amendments thereto hereinafter enacted.
3. User agrees to apply for and obtain from the governmental
entity having jurisdiction all necessary permits, including a
street or highway permit for the sewer line.
4. User agrees to pay to City the applicable monthly charges
for sewer services as set forth in Resolution No. 83-279 or any
subsequent amendment thereto. Such monthly sewer service charges
may be increased at any time by action of the Mayor and Common
Council to cover increased operating or maintenance costs of, or
improvements or additions to, the wastewater treatment system and
sewer system of City.
5. User agrees to abide by City's rules and regulations and
laws relative to the maintenance and operation of City's sewer and
wastewater treatment system and of the User's sewer and plumbing
system, including, but not limited to, San Bernardino Municipal
Code Chapter 13.32, or other ordinances, laws, or amendments
hereinafter enacted regulating the discharge of wastes into the
City sewage system.
6. In case it may become necessary to repair or replace any
part of the sewer system, City is hereby authorized to close any
valve or valves in any of the mains in the City or at the point of
connection between the main or lateral of City and the lateral of
User as may be necessary for the protection of said sewer system,
or to meet the exigency of the situation. It is expressly
covenanted and agreed that City shall not be held liable or
accountable for any bursting, breakage, stoppage, or accident of
any kind that may occur to said sewer system, connection, or sewer
lateral and User hereby covenants and agrees to save and hold
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1 harmless City and its officers, employees or agents from any and
2 all loss, damage or expense that User may incur or suffer by reason
3 of the execution or performance of this Agreement.
4 7. It is mutually covenanted and agreed that City shall not
5 be accountable or liable, nor shall such be held or considered as
6 a breach of this contract, for failure to provide sewer services
7 to User, growing out of any breakage, stoppage or sewage "back-up"
8 in sewer pipes, accident or injury of any kind occurring to the
9 sewer and sewage treatment system, or on account of any suit,
10 proceeding, judgment or decree in any court of record, restraining
11 or interfering with performance under this contract on its duties
12 hereunder; nor shall the City be held accountable or liable under
13 this Agreement for any failure to supply sewer services growing
14 out of any inability to operate its sewer or treatment system
15 occasioned by any accident, Act of God, strike, riot or public
16 enemy.
17 8. City shall have the right to terminate this Agreement and
18 to disconnect the sewer lateral of User and cease sewer services
19 as herein provided by a ninety (90) day written notice mailed
20 either to User or to whomever may be the tenant in occupancy of the
21 User's premises, provided that in case User shall, at any time,
22 make any default in the performance of any of the covenants,
23 conditions and agreements to be kept and performed by it on its
24 part including payments herein provided for, and if any such
25 default shall continue for a period of thirty (30) days, then and
26 in that case, the contract may forthwith be terminated at the
27 option of the City upon giving ten (10) days notice in writing of
28 its intentions so to do, and thereupon the sewer services may be
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discontinued.
9. Upon the annexation of the premises to the City of San
Bernardino, if and when such shall occur, this Agreement shall
automatically terminate and, thereafter, User shall pay the rates
applicable under San Bernardino Municipal Code Chapter 13.16 or
other laws or amendments thereto hereinafter enacted.
10. User shall at all times keep City apprised of its current
residence and mailing addresses in the event user does not reside
at the property herein described.
11. The covenants and agreements hereby created to benefit
the land are and shall be construed as covenants running with the
land, and each and every person accepting a deed to said property
shall thereby consent and agree to be bound by the covenants herein
contained to the same extent as though he had signed this
instrument. The undersigned, in executing and delivering any deed
to said property, shall insert in said conveyances, by reference,
that the same are made subject to the terms, conditions and
covenants herein contained, designating the book and page of the
record in which this instrument is recorded.
12. The rights and interest of User in this Agreement and the
use of City's sewer facilities pertain to the hereindescribed
property only, and may not be assigned or transferred for the
benefit of any other property.
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AGREE1~ENT OF SEWER CONNECTION AND SERVICE BETWEEN CITY OF
SAN BERNARDtIf AND VICTOR AND MYRNA BA~ON
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11 Approved as to form
and Legal Content:
12 JAKES F. PENHANN
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date and year first above written.
CITY OF SAN BERNARDINO
By:
General Manager
USER:
USER:
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