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HomeMy WebLinkAbout24-Public Works CITY-OF SAN BERIORDINO - REQUEST O>>R COUNCIL ACTION File No. 3.14-14 Authorization to Execute Agreement Subject: with Marilyn Carlson - HExtension of Sewer Main in Sepulveda Avenue, North of 50th Street From: ROGER G. HARDGRAVE Dept: Public Works Date: 5-12-92 Synopsis of Previous Council action: 06-04-90 -- Waiver of Requirement to Connect to Sewer System, for Mr. and Mrs. John Beach at 5060 Sepulveda Avenue dis- cussed. Recommended motion: Adopt resolution. cc: Shauna Clark Jim Penman Supporting date atteched: Roqer G. Hardqrave Staff Report, Agreement & Resolution Phone: 5025 Contact person: Ward: 4 FUNDING REQUIREMENTS: Amount: $20.000 (Sewer Line Construction Fund) Source: (Acct. No.) 245-365-57705 Sepulveda Avenue. No. of 50th St. Finance: ;J;v- Acct. Oescri tion Sewer Line Ex Council Notes: 75-0262 Agenda Item No :2.1 CITY.OF SAN BER.GRDINO - REQUEST Q,R COUNCIL ACTION STAFF REPORT Mr. and Mrs. John Beach constructed a new house at 5060 Sepulveda Avenue. A septic tank was provided to handle waste water from this residence. During final inspection, it was determined that the new house was required by the San Bernardino Municipal Code to be connected to the City's sewer system. The Beaches applied for a waiver of this requirement. This waiver was discussed at the Council meeting of 6-4-90, but no resolution was reached. The matter was then referred to the Legislative Review Committee. At the Legislative Review Committee meeting of 6-7-90, the following recommendations were agreed on. 1. Referred to Engineering and Planning. 2. Sewer shall be installed within 180 days of occupancy. 3. Sewer Line Construction Funds are to be used to extend sewer main. 4. Property owner will pay sewer capacity and connection fees. 5. Property owner may temporarily use the septic tank. 6. Property owner may file claim with City relative to building permit issued for septic tank. The owner of the parcel to the north of the Beach parcel submitted an application for a parcel map to divide her parcel into two lots. It will be required for the houses built on these newly created lots to be connected to the sewer system. Action on extension of the sewer main was, therefore, deferred in order to allow an agreement to be worked out, with Ms. Marilyn Carlson, (the owner of the parcel being split) for participation in the cost of extending the sewer main to serve the Beach parcel, and the two new lots. Ms. Carlson preferred to wait until her parcel map was approved, before negotiating an agreement for extension of the sewer main. The parcel map has been approved, and the proposed agreement has been negotiated with Ms. Carlson. The agreement provides, in general, that the City will have the sewer main extended, and that the owner will pay each lot's fair share cost. A similar agreement will be needed with the Beaches, in order to stipulate their participation in the cost of the sewer main extension. An amount of $20,000 has been allocated in the Sewer Line Construction Fund, under Account No. 245-365-57705, to finance the cost for extending the sewer main to serve these three parcels. We recommend that the agreement be approved. 5-12-92 7o;..n::tf04 o o 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MARILYN CARLSON RELATING TO THE 3 EXTENSION OF A SEWER MAIN TO SERVE THE TWO LOTS CREATED BY PARCEL MAP NO. 13320, ON SEPULVEDA AVENUE, NORTH OF 50TH STREET. 4 5 6 7 8 9 10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized directed to execute, on behalf of said and City, an agreement with Marilyn Carlson relating to the extension of a sewer main to serve the two lots created by Parcel Map No. 13320, on Sepulveda Avenue, north of 50th Street, a copy of which 11 agreement is attached hereto, marked Exhibit "A" and incorporated 12 herein by reference as fully as though set forth at length. 13 SECTION 2. The agreement shall not take effect until 14 fully signed and executed by both parties. The City shall not be 15 obligated hereunder unless and until the agreement is fully 16 executed and no oral agreement relating thereto shall be implied 17 or authorized. 18 SECTION 3. This resolution is rescinded if the parties 19 to the agreement fail to execute it within sixty (60) days of the 20 passage of this resolution. 21 / / I / 22 / / / / 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 / / / / 5-12-92 - KJ;:;::;U: 8U'.l:t1UKJ.:OJ.~b J;:;AJ;:;CU'l'J.U~ U~ 8l~ 8bKJ;:;J;:;l\IlJ;:;~'l' WJ.'l't1 !'UU<J.,L.:1" C8KJ.o::;U" RELJlI""I\NG TO EXTENSION OF SEWE~IN ON SEPULVEDA AVENUE, NOR~F 50TH STREET. ~ 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and COllUllon Council of the City of San 3 Bernardino at a meeting thereof, held on the 4 , 1992, by the following vote, to-wit: day of 5 Council Members: NAYS ABSTAIN ABSENT AYES 6 ESTRADA 7 REILLY 8 HERNANDEZ 9 10 11 12 13 14 15 16 17 MAUDSLEY MINOR POPE-LUDLAM MILLER Rachel Krasney, City Clerk The foregoing resolution is hereby approved this , 1992. day of 18 19 Approved as to form 20 and legal content: 21 22 W. R. Holcomb, Mayor Ci ty of San Bernardino James F. Penman City Attorney 23 24 25 26 27 28 - 2 - . . ~ o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT --------- THIS AGREEMENT is made and entered into this D;? day of A{-Jrt! , 1992, by and between Marilyn Carlson, 4174 Mountain Drive, San Bernardino, CA., 92407, hereinafter referred to as "OWNERS," and the City of San Bernardino, a municipal corporation, hereinafter referred to as "CITY." WITNESSETH : WHEREAS, OWner has received approval from the Planning Commission of City, on 12-11-90, for Parcel Map No. 13320; and WHEREAS, Parcel Map No. 13320 will divide OWner's 0.35 acre parcel, knO\fll as 5098 Sepulveda Avenue, into two residential lots; and WHEREAS, the sewer service will be needed upon development of residences on these two lots; and WHEREAS, City has a sewer main at the intersection of Sepulveda Avenue and 50th Street, which could be extended northerly in Sepulveda Avenue to provide sewer service to the two lots that will be created by recordation of Parcel Map No. 13320; and WHEREAS, one of the conditions of approval for Parcel Map No. 13320 is that the Owner shall enter into an Agreement with City to pay the fair share of the cost for extension of the sewer system to serve these two lots; and WHEREAS, the owners of the parcel to the south, John and Lissa Beach, have recently built a new residence, that is temporarily on septic tank until the sewer main extension is constructed; and EXHIBIT -A- o o 1 WHEREAS, a separate Agreement will be negotiated with the 2 Beach's to provide for them to pay their agreed upon fair share 3 price of the sewer main extension. 4 NOW, THEREFORE, the parties agree, as follows: 5 1. City shall: 6 a. Prepare plans, specifications, and estimate for 7 the installation of an 8-inch sewer main in 8 Sepulveda Avenue, from the existing main at 50th 9 Street to the north boundary line of Parcel Map 10 No. 13320. 11 b. Construct by contract the sewer main, and 12 appurtenant facilities, in accordance with the 13 approved plans and special provisions. 14 c. Provide wyes for connection of sewer laterals and 15 install a 4-inch lateral, to the street right-of- 16 way line, for each lot, if requested by the owner. 17 d. Submit the plans and estimate of cost to Owner for 18 review and approval, prior to advertising for 19 bids. 20 e. Finance the entire cost of extending the sewer 21 main in Sepulveda Avenue. 22 2. OWNER agrees: 23 a. That a payment equivalent to each lot's fair share 24 cost shall be paid to City, prior to issuance of a 25 Building or Grading Permit. The fair share cost 26 for each lot will be the frontage (70 feet) 27 divided by the total length of sewer main 28 installed (estimated at 320 feet) times the total - 2 - AGRf;.J::MEI-'l'l': i:.J\.'~'i:."<>"'U" u~ <>"'..."''' "=..." ..." 'H.... u~, ~~~ ~. _"U_ o 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 actual cost, including construction contract and engineering costs 1 plus the total cost for the laterals, if any. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above shown. CITY OF SAN BERNARDINO P~;;;;:t:R~ Marilyn Ca'lson 4174 Mountain Drive San Bernardino, CA 92407 By W. R. Holcomb, Mayor Approved as to form and legal content: James F. Penman City Attorney ,. } B"(j/tt/'Ylllh? () V~ - 3 -