HomeMy WebLinkAbout16-Development Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Authorization to Proceed and
Resolution Making Application to the Local
Agency Formation Commission for Sewer
Services Outside City Boundaries - 2119 W.
Blake Street (San Bernardino City Unified
School District Property)
Dept: Development Services
Date: December 8, 2006
File No.: 12.0IA-15
Synopsis of Previous Council Action:
MCC Date: Januarv 8, 2007
09/29/97 --- Resolution 97-275 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 at 2119 W.
Blake Street;
AND
2. Adopt Resolution.
1(aJMwu.~
Valerie C. Ross
Contact person: Ryan Sandoval .. Phone: 5226
. Staff Report, ApplicatIOn,
Supporting data attached: Maps, and Resolution Ward: N/A (Surrounded by 6th Ward)
FUNDING REQUIREMENTS: Amount: $1,000 (Processing Fee paid by applicant
Source: Acct # 001-000-4780-0000
Account Description: Misc. Recovery/ Processing Fee
Finance:
Council Notes:
Agenda Item No.
IftJ
1/1/01
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CITY OF SAN BERNARDINO - REQUEST FQR COUNCIL ACTION
Staff Report
SUBJECT:
Authorization to Proceed and Resolution Making Application to the Local Agency Formation
Commission for Sewer Services Outside City Boundaries - 2119 W. Blake Street (San
Bernardino City Unified School District Property)
BACKGROUND:
On October 24, 2006, this office received a request from Melissa Perez, a representative from the
Facilities Management Department with the San Bernardino City Unified School District, the
owner of Muscoy Elementary School, located at 2119 W. Blake Street, for connection to the
City's sewer system. The property is located in an unincorporated area, generally located on the
southwest corner of Blake Street and Macy Street within the City's sphere of influence. This
property is currently served by septic tank system and the applicant stated that the school is
proposing to update the current system and eliminate ongoing repair and maintenance costs of a
septic system.
In 1994, the California Government Code was amended by the addition of Section 56133, which
requires the Local Agency Formation Commission (LAFCO) 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. In September of 1997, the City adopted a policy relative to the provision 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 LAFCO related fees directly to LAFCO and the
normal sewer capacity and hook-up fees to the City. 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.
The Planning Division has indicated that Muscoy Elementary School'land use is consistent with
the City's General Plan. LAFCO requires that the application be made by the agency that is to
provide the service. The attached.Resolution makes application to LAFCO.
Upon approval by LAFCO, 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 LAFCO fees. The applicant will pay the sewer hook-up fees.
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.
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+8083845155
T-558 P.0011DOl F-875
APPLICATION FOR SEWER SERVICES
OUTSIDE OF CITY BOUNDARIES
To: City of San Bernardino
Development Services Department. Real Propeny Section
300 N. ~D" Street - 3111 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
Government Code Section 56133. I understand that a $1000.00 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 (!..AFCO), I will be required to deposit any applicable LAFCO fees
with the City (or ro 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 immediate health and. sVety 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 wiJI be required to execute
an -Irrevocable AgreemeDt to Annex" in the event that my,propeny may be subject to Annexation into the
City of San Bernardino at some furore time, if this appljl:ation Is approved. I furtber understand that sewer
capacity and hoolc-up fees to the City will be due prior [0 permit processing. This application is being
submitted with the understanding thQJ approval is not guaranteed.
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Please submit thIs aooli.."tion with oroof of ownershlo'(Copv of Deed. Title Policv. etc.) alool! with
Drocessio2 fee of 51.000.00 and plat map showlnl! location of pro Deny .
. ::":"j"N Or}-:I'lU~O~ NL' ,'n-";' l.;~.J: f'if:;" ,) :.[tlLl t", l~=n?(('IU-
77 7 Nr-hl t =-~i t:f:CT. '~\ i'~ :CX::..Rr"J....:.l ~'1\1.0 C;\ 9'2.41/
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~0. .(~i..::..'.\'" 1'\i.,.1-0, \''':''0 _ ('.D. :?2.4Lq
Assessor'sPareal No(s): bibS'- DSI'-// Tel. No.: 9c.'3 - 32, \ - IZ:?,,~
62J:b"C3I-IZ, C2.{:t', 'D~I-I'7/ D2.U6 -03.\-/4-
'K Existing Development: [ ) New Development:
[ ) Residential (Single Family), No, Bedrooms:_ [ ] Residential (Single Family) No. Bedrooms
[ ] Residential (multi family). Describe: [ ] Residenlial (multi-family). Describe:
, Property Owner(s):
Mailing Address:
Property Address:
[ ] Commercial/Industrial. Describe:
[ ] Commercial/Industrial. Describe:
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:
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[] I request a waiver of LAFCO fees based upon lhe following health and safety urgency:
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
~ indicates un-incorporated areas within City's
~ Sphere of Influence
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NO SCALE
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Proposed City Sewer Hook-up:
San Bernardino City Unified School District
2119 W. Blake Street
APN's - 0268-031-11, 12, 13, 14
Created by: Ryan Sandoval
Date: 10/30/06
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed City Sewer Hook-up:
San Bernardino City Unified School District
2119 W. Blake Street
APN's - 0268-031-11,12,13,14
~ Indicates property that is requesting
~ sewer service.
Created by: Ryan Sandoval
Date: 1 0/30/06
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION
TO THE LOCAL AGENCY FORMATION COMMISSION TO PROVIDE CITY SEWER
SERVICES TO PROPERTY WITHIN UNINCORPORATED TERRITORY LOCATED AT
2119 W. BLAKE STREET
WHEREAS, San Bernardino City Unified School District, the owner of property located
in an unincorporated area located at 2119 W. Blake Street, Assessor's Parcel No. 0268-031-11, 12,
13, 14, 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; 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; 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 ofthe City of San Bernardino hereby
make application to the Local Agency Formation Commission for the connection to the City's
sewage system for property located at 2119 W. Blake Street, Asr----'- n____' "',- ""'''0 "OJ 11,
12,13,14, more fully described as follows:
No. I (p
/ I gftn
12/11/06 1
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RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL
AGENCY FORMATION COMMISSION TO PROVIDE CITY SEWER SERVICES TO PROPERTY
WITHIN UNINCORPORATED TERRITORY LOCATED AT 2119 W. BLAKE STREET
All that certain real property situated in the County of San Bernardino, State of California,
described as follows:
Lot 342, 343, and 344 of Tract No. 2258, as per plat recorded in Book 32 of Maps,
Pages 72 to 77, inclusive, records of said County.
EXCEPTING THEREFROM the Southerly 143 feet of said Lot 342 and the
Easterly 165 feet ofsaid Lot 344.
SECTION 2. That the Director of Development Services, or designee, is hereby
directed and authorized to file an Application for Extension of Service by Contract, a copy 0 f
which is attached hereto as said Exhibit "A" and made a part hereof, with the Local Agency
Formation Commission of the County of San Bernardino.
SECTION 3. That the Mayor of said City is hereby authorized and directed to execute on
behalf of said City, an Irrevocable Agreement to Annex. No. 2006-07, a copy of which is attached
as Exhibit "A-I" of said application, upon approval by the Local Agency Formation Commission.
SECTION 4. That the City Clerk of said City is hereby authorized and directed to file, or
cause to be filed, a certified copy oftbis resolution with the Executive Officer of the Local Agency
Formation Commission.
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12/11106
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RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPLICATION TO THE LOCAL
AGENCY FORMATION COMMISSION TO PROVIDE CITY SEWER SERVICES TO PROPERTY
WITHIN UNINCORPORATED TERRITORY LOCATED AT 2119 W. BLAKE STREET
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
held on the
day of
, 20_, by the following vote, to wit:
Council Members: A YES
NAYS
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
The foregoing resolution is hereby approved this
Approved as to form:
v/,;~
TIMOTHY J. S 0, SpeCIal Legal Counsel
12/11/06
meeting thereof
ABSTAIN ABSENT
City Clerk
day of
,20__
PATRICK J. MORRIS, Mayor
City of San Bernardino
3
APPLICATION FOR
EXTENSION OF SERVICE BY CONTRACT
AGENCY TO EXTEND SERVICE:
AGENCY NAME:
City of San Bernardino
CONTACT PERSON:
Ryan Sandoval
PHONE:
300 N. "0" Street, San Bernardino, Ca 92418
(909) 384-5226
ADDRESS:
CONTRACTING PARTY:
NAME OF
PROPERTY OWNER (S):
San Bernardino City Unified School ~istrict
MAILING ADDRESS:
777 North "F" Street, San Bernardino, 92411
PHONE:
(909) 883-6018
ADDRESS OF PROPERTY
PROPOSED FOR CONTRACT
2119 W. Blake Street, San Bernardino, 92407
CONTRACT NUMBERlIDENTIFICATION:
Irrevocable Agreement to Annex No. 2006-07
PARCEL NUMBER(S)
0268-031-11,12,13,14
8.11 Acres MIL
ACREAGE:
The questions that 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 that you believe is
pertinent. Use additional sheets where necessary.
(Exhibit "A")
Extension of Service by Contract
Application Form
1.
(a)
List type of service(s) to be provided by this contract.
Sanitary Sewer
(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
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 owner will be required to execute
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.
2
Extension of Service by Contract
Application Form
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
proj ect to be served.
School Facility already exists and is currently on a septic tank system.
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
3
Extension of Service by Contract
Application Form
8. Please provide a detailed description of how services are to be extended to the property. Your
response should include, but not be limited to, an explanation of distance for connection to
existing infrastructure to site, the cost of improvements, how financing is to occur, and any special
financial arrangement for later repayment.
The City of San Bernardino presently has a 10" sewer main in Macy Street, and the street
is adjacent to the parcel requesting the connection.
CERTIFICATION
I hereby certifY that the statements furnished above and in the attached exhibits present the data and
information required for this evaluation of service extension to the best of my ability, and that the facts,
statement and information presented herein are true and correct to the best of my knowledge and belief.
CITY OF SAN BERNARDINO
SIGNED BY:
Date:
Laszlo Fogassy
POSITION TITLE:
Real Property Supervisor
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:
Local Agency Formation Commission
215 North "D" Street
San Bernardino, CA 92415-0490
PHONE: (909) 383-9900
FAX: (909) 383-9901
4
City of San Bernardino
Development Services Department
Extension of City Services by Contract
Plan for Providing Service
1. Contract I Agreement Reference: Irrevocable Agreement to Annex No. 2006-07
2. Property Owner:
San Bernardino City Unified School District
3. Property Address:
2119 W. Blake Street, San Bernardino, CA
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 facility use. All applicable
fees will be paid for by the applicant as follows:
Sewer Capacity Fee: $3,500.00 per dwelling unit
Sewer Connection fee: $362.96
Note: All improvements including the construction of laterals are the responsibility of the property owner.
LAFCO SC#
IRREVOCABLE AGREEMENT TO ANNEX
No. 2006-07
THIS AGREEMENT, entered into this day of
20 ; by and between SAN BERNARDINO CITY UNIFIED SCHOOL
DISTRICT. hereinafter referred to as "OWNER," and the CITY OF SAN
BERNARDINO, a municipal corporation, hereafter referred to as "CITY"
WITNESSETH:
WHEREAS, OWNER holds title to the unincorporated parcel(s), located at 2119
W. Blake Street. San Bernardino Countv. California, and parcel is more fully described
as follows:
Lot 342, 343, and 344 of Tract No. 2258, as per plat recorded in Book 32 of
Maps, Pages 72 to 77, inclusive, records of said County.
EXCEPTING THEREFROM the Southerly 143 feet of said Lot 342 and the
Easterly 165 feet of said Lot 344.
Assessor's Parcel Number(s) 0268-031-11. 12. 13. 14 and
WHEREAS, said parcel is within the Sphere of Influence of CITY; and
WHEREAS, OWNER desires to obtain sewer service for said parcel; and
WHEREAS, sewer service could be provided to said parcel by connecting to the
CITY'S sewage system; and
WHEREAS, CITY'S sewage system and wastewater treatment plant have
sufficient capacity to convey and treat the sewage generated by said parcel; and
WHEREAS, CITY is willing to allow connection of said unincorporated parcel
to its sewage system, due to the expectation that said parcels will be armexed 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 OWNER'S heirs,
successors and assigns.
(Exhibit "A-I)
IRREVOCABLE AGREEMENT TO ANNEX NO.
2006-07
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.
SECTION 2: CITY Agrees-
a. To allow OWNER'S parcel, described herein before, to connect to the City
of San Bernardino's sewage system, subject to payment of all applicable
fees and permits.
IRREVOCABLE AGREEMENT TO ANNEX NO.
2006-07
LAFCO SC#
SECTION 3: . Be it mutually agreed, as follows:
a. City Clerk for CITY shall record this agreement with the County Recorder.
b. The benefit to the subject parcel(s) will inure to the benefit of subsequent
owners, their heirs, successors, and assigns, and the agreements, conditions, and
covenants contained herein shall be binding upon them and upon the land.
c. The approval granted to connect said parcel(s) to City's Sewage is contingent
upon 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 official's thereunto duly authorized.
OWNER:
CITY OF SAN BERNARDINO
By:
By:
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
PATRICK J. MORRIS, Mayor
ATTEST:
City Clerk
Approved as to form:
TIMOTHY J. S 0, Special Legal Counsel
APPLICATION FOR
EXTENSION OF SERVICE BY CONTRACT
AGENCY TO EXTEND SERVICE:
AGENCY NAME:
City of San Bernardino
CONTACT PERSON:
Ryan Sandoval
ADDRESS:
300 N. "D" Street, San Bernardino, Ca 92418
(909) 384-5226
PHONE:
CONTRACTING PARTY:
NAME OF
PROPERTY OWNER (S):
San Bernardino City Unified School District
MAILING ADDRESS:
777 North "F" Street, San Bernardino, 92411
PHONE:
(909) 883-6018
ADDRESS OF PROPERTY
PROPOSED FOR CONTRACT
2119 W. Blake Street, San Bernardino, 92407
CONTRACT NUMBER/IDENTIFICATION:
Irrevocable Agreement to Annex No. 2006-07
PARCEL NUMBER(S)
0268-031-11,12,13,14
ACREAGE:
8.11 Acres MIL
The questions that 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 that you believe is
pertinent. Use additional sheets where necessary.
Extension of Service by Contract
Application Form
1.
(a)
List type of service(s) to be provided by this contract.
Sanitary Sewer
(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
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 owner will be required to execute
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.
2
Extension of Service by Contract
Application Form
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.
School Facility already exists and is currently on a septic tank system.
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
Other, (provide explanation below)
D
D
N/A
3
Extension of Service by Contract
Application Form
8. Please provide a detailed description of how services are to be extended to the property. Your
response should include, but not be limited to, an explanation of distance for connection to
existing infrastructure to site, the cost of improvements, how financing is to occur, and any special
financial arrangement for later repayment.
The City of San Bernardino presently has a 10" sewer main in Macy Street, and the street
is adjacent to the parcel requesting the connection.
CERTIFICATION
I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this evaluation of service extension to the best of my ability, and that the facts,
statement and information presented herein are true and correct to the best of my knowledge and belief.
CITY OF SAN BERNARDINO
SIGNED BY:
Date:
Laszlo Fogassy
POSITION TITLE:
Real Property Supervisor
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:
Local Agency Formation Commission
215 North "D" Street
San Bernardino, CA 92415-0490
PHONE: (909) 383-9900
FAX: (909) 383-9901
4
City of San Bernardino
Development Services Department
Extension of City Services by Contract
Plan for Providing Service
1. Contract I Agreement Reference: Irrevocable Agreement to Annex No. 2006-07
2. Property Owner:
San Bernardino City Unified School District
3. Property Address:
2119 W. Blake Street. San Bernardino. CA
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 bv the City for facility use. All applicable
fees will be paid for bv the applicant as follows:
Sewer Capacity Fee: $3,500.00 per dwelling unit
Sewer Connection fee: $362.96
Note: All improvements including the construction oflaterals are the responsibility of the property owner.
LAFCO SC#
IRREVOCABLE AGREEMENT TO ANNEX
No. 2006-07
THIS AGREEMENT, entered into this day of
20 ; by and between SAN BERNARDINO CITY UNIFIED SCHOOL
DISTRICT, hereinafter referred to as "OWNER," and the CITY OF SAN
BERNARDINO, a municipal corporation, hereafter referred to as "CITY."
WITNESSETH:
WHEREAS, OWNER holds title to the unincorporated parcel(s), located at 2119
W. Blake Street, San Bernardino Countv, California, and parcel is more fully described
as follows:
Lot 342, 343, and 344 of Tract No. 2258, as per plat recorded in Book 32 of
Maps, Pages 72 to 77, inclusive, records of said County.
EXCEPTING THEREFROM the Southerly 143 feet of said Lot 342 and the
Easterly 165 feet of said Lot 344.
Assessor's Parcel Number( s) 0268-031-11. 12, 13, 14 and
WHEREAS, said parcel is within the Sphere of Influence of CITY; and
WHEREAS, OWNER desires to obtain sewer service for said parcel; and
WHEREAS, sewer service could be provided to said parcel by connecting to the
CITY'S sewage system; and
WHEREAS, CITY'S sewage system and wastewater treatment plant have
sufficient capacity to convey and treat the sewage generated by said parcel; and
WHEREAS, CITY is willing to allow connection of said unincorporated parcel
to its sewage system, due to the expectation that said 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 OWNER'S heirs,
successors and assigns.
IRREVOCABLE AGREEMENT TO ANNEX NO.
2006-07
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.
SECTION 2: CITY Agrees-
a. To allow OWNER'S parcel, described herein before, to connect to the City
of San Bernardino's sewage system, subject to payment of all applicable
fees and permits.
IRREVOCABLE AGREEMENT TO ANNEX NO.
2006-07
LAFCO SC#
SECTION 3: Be it mutually agreed, as follows:
a. City Clerk for CITY shall record this agreement with the County Recorder.
b. The benefit to the subject parcel(s) will inure to the benefit of subsequent
owners, their heirs, successors, and assigns, and the agreements, conditions, and
covenants contained herein shall be binding upon them and upon the land.
c. The approval granted to connect said parcel( s) to City's Sewage is contingent
upon 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 official's thereunto duly authorized.
OWNER:
CITY OF SAN BERNARDINO
By:
By:
PATRICK J. MORRIS, Mayor
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
ATTEST:
City Clerk
Approved as to form: