HomeMy WebLinkAbout8249RESOLUTION NO 8249
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
APPROVING PRE -ANNEXATION AGREEMENT NO. 21-02, RELATED TO
OUTSIDE CITY UTILITY CONNECTIONS FOR SEWER SERVICE TO ONE
SINGLE-FAMILY RESIDENCE, LOCATED AT 2204 NICE AVENUE IN THE
UNINCORPORATED COMMUNITY OF MENTONE
WHEREAS, on April 20, 2021, Rosemane Armendanz filed applications for Outside
City Case No 21-02 and Pre -Annexation Agreement No 21-02 for outside City utility
connections (sewer service) (together, the "Project") to a single-family residence on a 0 61 acre
parcel located at 2204 Nice Avenue (APN 0298-271-26-0000) in the unincorporated
community of Mentone within San Bernardino County, and
WHEREAS, on May 18, 2021, the City Council found that Outside City Case No 21-02
was consistent with the City's General Plan and determined the public health, safety, and welfare
would be served by the City's continued processing of the Outside City Case application, and
WHEREAS, the Project is not subject to environmental review pursuant to sections
15303(a) and 15319(b) of the State Guidelines implementing the Cahforma Environmental
Quality Act ("CEQA") as CEQA exempts the conversion of small structures and the annexation
of lots for exempt facilities,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF REDLANDS AS FOLLOWS
Section 1 The City Council hereby determines that approval of this Resolution is
exempt from environmental review pursuant to sections 15303(a) and 15319(b) of the State
Guidelines implementing the Cahforma Environmental Quality Act ("CEQA") as CEQA
exempts the conversion of small structures and the annexation of lots for exempt facilities
Section 2 The City Council hereby approves Pre -Annexation Agreement No 21-02,
attached hereto as Exhibit "A," for the provision of City sewer service to an existing single-
family residence located at 2204 Nice Avenue in the umncorporated community of Mentone
ADOPTED, SIGNED AND APPROVED this 7th df Septe . er, 2021
ATTEST
anne Donaldson, City Clerk
Paul T Banch, Mayor
._,,e_
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I \Resolutions\Res 8200-8299\8249 Pre -Annexation Agreement 21-02 doc
I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing
resolution was duly adopted by the City Council at a regular meeting thereof held on the 7th day
of September, 2021
AYES Councilmembers Foster, Tejeda, Davis, Guzman -Lowry, Mayor Banch
NOES None
ABSENT None
ABSTAINED None
nne Donaldson, City Clerk
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I \Resolutions\Res 8200-8299\8249 Pre -Annexation Agreement 21 02 doc
EXHIBIT "A"
PRE -ANNEXATION AGREEMENT NO 21-02
[ Attached ]
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I.\Resolutions\Res 8200-8299\8249 Pre -Annexation Agreement 21-02.doc
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO.
CITY CLERK'S OFFICE
CITY OF REDLANDS
P O BOX 3005
REDLANDS, CA 92373
(THIS SPACE FOR RECORDER'S USE ONLY)
AGREEMENT FOR ANNEXATION AND PROVISION
FOR CITY UTILITY SERVICES
This Agreement for Annexation and Provision of City Utility Services ("Agreement") is
made and entered into this 7th day of September, 2021, by and between the City of Redlands, a
municipal corporation organized and existing under the laws of the State of California ("City")
and Daniel Rodriguez and Rosemarie Armendariz (together, "Property Owner") City and Property
Owner are sometimes individually referred to herein as a "Party" and, together, as the "Parties."
RECITALS
WHEREAS, to provide for orderly planning, City (1) has the authority pursuant to
Government Code sections 65300 and 65301 to include within its General Plan property outside
its boundaries which is in City's sphere of influence or, which in City's judgment, bears a relation
to its strategic planning, and (2) also has the authority pursuant to Government Code section 65859
to pre -zone property within its sphere of influence for the purpose of determining the zoning
designation that will apply to such property in the event of a subsequent annexation of the property
to City; and
WHEREAS, California case law, including but not limited to, Dateline Builders, Inc v
City of Santa Rosa (1983) 146 Cal. App 3d, 520 and County of Del Norte v City of Crescent City
(1999) which state in relevant part that it is not against the law or public policy for a city or county
to use utilities as a tool to manage growth, provides that a city has no obligation, and may use its
sole discretion, to extend utility services outside its corporate boundaries, and
WHEREAS, Property Owner owns a parcel of land developed with a single family
dwelling and detached garage generally located at 2204 Nice Avenue and identified as county of
San Bernardino Assessor's Parcel Number 0298-271-26-0000 ("Property") in the unincorporated
area of the county of San Bernardino within the City's sphere of influence, as described in Exhibit
"A" titled "Site Plan" and Exhibit "B" titled "Grant Deed," has made a request and application to
City to receive sewer service for property located in the unincorporated area of the county of San
Bernardino, and has provided evidence satisfactory to City that Property Owner is the fee owner
of the Property; and
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L.\ca\djm\Agreements\Daniel Rodriguez and Rosemarie Armendariz Pre Annexation Agreement No. 21-02.docx.jn
WHEREAS, Government Code section 56133 authorizes the City to provide new or
extended utility services by contract outside its jurisdictional boundaries if it first receives written
approval from the Local Agency Formation Commission for San Bernardino County ("LAFCO"),
and provides that LAFCO may authorize City to provide such services within City's sphere of
influence in anticipation of a later change of organization, and
WHEREAS, City's General Plan and Chapter 13 60 of the Redlands Municipal Code
establish policies and procedures for the approval of City utility services to properties located
within the City's sphere of influence and require, among other things, the owner of the property to
be served to enter into an agreement, and record the same in the official records of the county of
San Bernardino, requiring the Property Owner to annex the property to City upon certain
conditions, and
WHEREAS, City has prepared a General Plan for the unincorporated area in which the
Property is located to provide for the orderly planning of such area, and has determined that the
proposed development of the Property is consistent with the goals and policies of City's General
Plan, and
WHEREAS, it is the policy and goal of City to discourage and not facilitate development
in City's sphere of influence which is unwilling and/or fails to comply with City's General Plan
and City's development standards by refusing to extend utility services in such instances, and
WHEREAS, pursuant to the requirements of Chapter 13 60 of the Redlands Municipal
Code and in consideration for City's agreement to extend utility services outside its jurisdictional
boundaries to the Property, Property Owner have entered into this Agreement to provide
assurances to City that connection to City's domestic sewer system will occur in accordance with
the Redlands General Plan and the development standards of the Redlands Municipal Code, and
that the Property shall be annexed to City in accordance with this Agreement's terms, provisions
and conditions,
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other
good and valuable consideration, the receipt of which is hereby acknowledged, the City of
Redlands and Property Owner agree as follows
AGREEMENT
1 Recitals. The foregoing recitals are true and correct.
2 Provision of Utility Services. City agrees to provide domestic sewer service to the
Property consistent with the terms and conditions of this Agreement, provided that the connection
complies with all rules and regulations of City governing the extension and provision of utility
services to properties located outside City's boundaries at the time a request by Property Owner
for application for a sewer connection is approved by City's Municipal Utilities and Engineering
Department. Nothing herein represents a commitment by City to provide such service unless and
until Property Owner complies with all such rules and regulations. As a condition of approval of
an application for sewer connection, and prior to receiving any service, Property Owner agrees to
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L.\ca\djm\Agreements\Daniel Rodriguez and Rosemarie Armendariz Pre -Annexation Agreement No. 21-02.doex.jn
pay the full cost of such service as established by City for the extension of utility services to the
Property
3 Agreement to Develop by City Standards. In consideration of City's agreement to
provide City sewer service to the Property, Property Owner shall develop the Property in
accordance with the Redlands General Plan and any applicable development standards of the
Redlands Municipal Code.
4 Agreement to Annex. In consideration of City's agreement to provide City sewer
service to the Property, Property Owner hereby irrevocably consents to annexation of the Property
to City and agrees it shall take any and all reasonable and necessary actions, and fully and in good
faith cooperate with City, to cause the annexation of the Property to City Property Owner and
City agree that in the event City initiates an annexation of the Property, City shall be responsible
for the costs of such annexation. In all other instances where the annexation of the Property is
proposed to City, Property Owner shall be responsible for such costs.
5 Payment of Fees. As a condition of receiving domestic sewer service from City,
Property Owner shall pay to City all then -established applicable development impact fees, sewer
acquisition fees, and user fees specifically for such domestic sewer service.
6 Taxes and Assessments. Property Owner hereby consents to the imposition of, and
agrees that Property Owner shall pay, all taxes and assessments imposed and/or levied by City
which may be applicable to the Property at the time the Property is annexed to City
7 Recordation. By entering into this Agreement, Property Owner and City
acknowledge and agree that, among other things, it is the express intention of the Parties that any
and all successors in interest, assigns, heirs and executors of Property Owner shall have actual and
constructive notice of Property Owner's obligations under, and the benefits and burdens of, this
Agreement. Therefore, this Agreement and any amendments hereof, shall be recorded in the
official records of the county of San Bernardino Property Owner further agrees that City shall, at
the sole cost of Property Owner, have the right to cause the recordation of this Agreement.
8 Breach/Failure to Annex In the event Property Owner fails to comply with its
obligations under this Agreement or takes any action to protest, challenge, contravene or otherwise
breach any of its obligations or representations under this Agreement, City shall have the right to,
without any liability whatsoever, cease the provision of City utility services to the Property This
right shall be in addition to any other legal or equitable relief available to City
9 Not a Partnership. The Parties specifically acknowledge that Property Owner's
development of the Property is a private project, that neither Party is acting as the agent of the
other in any respect hereunder, and that each Party is an independent contracting entity with respect
to the terms, covenants and conditions contained in this Agreement. No partnership, joint -venture
or other association of any kind is formed by this Agreement. The only relationship between City
and Property Owner is that of a governmental entity regulating the development of private property
and the owner of such property
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L:\ca\djm\Agreements\Daniel Rodriguez and Rosemarie Armendariz Pre Annexation Agreement No. 21-02.docx.jn
10 Indemnity and Cost of Litigation.
A. Property Owner agrees to and shall hold City, and its elected and appointed
officials, officers, agents, and employees free and harmless from any and all liability for damage
or claims for damage for personal injury, including death, and claims for property damage which
may arise from the operations, errors, or omissions of Property Owner or those of its contractors,
subcontractors, agents, employees or any other persons acting on Property Owner's behalf which
relate to development of the Property Property Owner agrees to and shall defend, indemnify and
hold harmless City, its elected officials, officers, agents, employees and representatives from all
actions for damages caused or alleged to have been caused by reason of Property Owner's acts,
errors or omissions in connection with the development of the Property This hold harmless
agreement applies to all damages and claims for damages suffered or alleged to have been suffered
by reason of Property Owner's or its representatives' acts, errors or omissions regardless of
whether or not City supplied, prepared or approved plans or specifications relating to the
development of the Property and regardless of whether or not any insurance policies of Property
Owner relating to such development are applicable
B Property Owner shall defend, at its expense, including attorneys' fees,
indemnify and hold harmless City, and its elected and appointed officials, officers, agents and
employees from any claim, action or proceeding against any of them to attack, set aside, void or
annual the approval of this Agreement or the approval of any permit or entitlement granted in
furtherance of this Agreement. City may, in its sole discretion, participate in the defense of any
such claim, action or proceeding.
11 Liquidated Damages. In the event that the property is not annexed to City in
accordance with the terms of the Agreement, the then existing owner of the Property shall pay
each year to City, as liquidated damages, a sum equal to the property taxes and any sales taxes the
City would have received had the Property been annexed. Failure to make such liquidated damages
payments shall be good cause for City to cease service to the Property
12 Section Headings. All section headings and sub -headings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
13 Governing Law. This Agreement and any dispute arising hereunder shall be
governed by and construed in accordance with the laws of the State of California.
14 Attorneys' Fees. In the event any action is commenced to enforce or interpret the
terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for a Party's use
of in-house counsel.
15 Binding Effect. The burdens of this Agreement bind and the benefits of this
Agreement inure to the assigns and successors in interest of the Parties.
16 Authority to Execute. The person or persons executing this Agreement warrant and
represent that they have the authority to execute this Agreement on behalf of the legal, fee title
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L.\ca\djm\Agreements\Daniel Rodriguez and Rosemarie Annendariz Pre -Annexation Agreement No. 21-02.docx.jn
owner of the Property
17 Waiver and Release Property Owner hereby waives and releases any and all
claims it may have against City, and its elected and appointed officials, officers, employees and
agents with respect to any City actions or omissions relating to the development of the Property,
and the Parties' entry into, and execution of, this Agreement. Property Owner makes such waiver
and release with full knowledge of Civil Code Section 1542, and hereby waives any and all rights
thereunder to the extent of this waiver and release, of such Section 1542 is applicable Civil Code
Section 1542 provides as follows
"A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which if
known by him or her must have materially affected his or her settlement with the
debtor "
18 Construction. The Parties agree that each Party and its counsel have reviewed this
Agreement and that any rule of construction to the effect that ambiguities are to be resolved against
the drafting Party shall not apply in the interpretation of this Agreement. The Parties further agree
that this Agreement represents a voluntary "arms -length" transaction agreed to by and between the
Parties and that each Party has had the opportunity to consult with legal counsel regarding the
terms, conditions and effect of this Agreement.
19 Entire Agreement. This Agreement sets forth and contains the entire understanding
and agreement of the Parties as to the matters contained herein, and there are no oral or written
representations, understandings or ancillary covenants or agreements which are not contained or
expressly referenced herein, and no testimony or evidence of any such representations,
understandings or covenants shall be admissible in any preceding of any kind or nature to interpret
or determine the terms or conditions of this Agreement.
CITY OF REDLANDS PROPERTY OWNER
By• By.
Paul T Barich, Mayor Daniel Rodriguez, Owner
ATTEST PROPERTY OWNER
By• By.
Jeanne Donaldson, City Clerk Rosemarie Armendariz, Owner
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L.\ca\djm\Agreements\Daniel Rodriguez and Rosemarie Annendariz Pre -Annexation Agreement No. 21-02.docx.jn
EXHIBIT "A"
SITE PLAN
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L.\ca\djm\Agreements\Daniel Rodriguez and Rosemarie Armendariz Pre -Annexation Agreement No. 21-02.docx.jn
VD 3N0.1113VI 3AV 3DIN VO
a
SAPPHIRE AVENUE
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Daniel Rodriguez
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JP II ERETT SMITH
KOI enugt:Rve=inTatrroitca.
EXHIBIT "B"
GRANT DEED
7
L:\ca\djm\Agreements\Daniel Rodriguez and Rosemarie Armendariz Pre Annexation Agreement No. 21-02.docx.jn
Titre 366
0g00410100 OQIIIESTED DV:
Bquitable:Eaerow I.
Order No...!closie41.600204-$0
EsoreW No. 1,i0N,
Paroo1 No. 02984114.6-04100'3V.1
1041Q1
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19Z.- N 4)-•;. TO:
:ROt)it104.4
'MENTON
Electronicallyfincorded in Official Recorda, County of San Bernardino
B08 DUTTON
ASSESSOR ..RECORDER - CLERK
982 AdvgritOge. Title :Co
SPAC I3 ABOVE TIM tANg POlt gEcoppti4 UE
GtANIC' DEED
4/27/261a
OM PM
JO
Titles: 1
$4,40
Pages: 4
PAIL?
THE UNDERSIONEDORANTOR(S)DECLARE(S) THAT DOCUMENTARY TRANSFER TAX IS1198.;004ind.CITY $
40,00nte4.Ort.falt Value Ofilitootty,,00trioyed,.Or
oOMptited,O0.11i1i,Viiineiois.liens..or.•inetnribtalices retnaining at ofaale
10f,' '.r.POrateditgat !IVIentone, and.
.11;g00.0RAVON,:iteeipt ofwhich is hereby-iteknoWledged,,,Larty• A. )1e4ean.blVingite.yeenble:
tOustA00..::: IC"
,Ixootly.0gANT0.1.0. i:,1.00.0.4040404.4010.1tos'enorie rrn duijz thobnory ono wiro.a01in.Tonants:
4.
the following described real.property in the County. of San Bernardino, State of California.
Lot 2 Block 3 of Crofton Tract in the unincorporated area, commonly known as Menton°, County of San Bernardino, State of
California, as per map recorded in Book 3 Page 14 of Maps, in the Office of the County Recorder of San Bernardino County,
More commonly known as: 2204 Nice Ave, Mentone, CA 92359
tz varnAt. ea+u—p 16 6,
Duto April 22, 2016
Lany A00100 1,,,Mng,..*.iioonOto '1'0104004:May
15, 2015
Q ct.- ‘4"".•
By. Patsy A. &ginger, Successor Trustee
A notary public or other officer completing thiS certificate wallies only the. identity of the inclirdtad..whosignecl.tho.document
to which this certificate is ottachod, and riot *truthfulness, ttecuracy,, or validity of that docintent
STATE OF C F RNIA.
couNn OF t int e.
S.S.
On ef I a2',,e , before me, 041.1C-'
10 t
person peered Patsy A. Reilineer, who proved to me he basis of satisfaetory evidence to be the perspaftY whose
name subscribed to the within instr ent and acknowledged to me tbalheisille/they executed the same in ht49/thelr
oath° capacity(le< and that by ietbGfr signature(sLorctite instrument AZ peraons1r the entity upon behalf of
which the persenEsKetod, executed the instrument
ViLdiLeiV4.41
lOPI'qt!4§10;.M.kr.'AS'..T3C,IVE4jr:NI01.04140t.Od •86100
e 366
' RI CORDING REQ[3ESTED BY.
equitable .Escrow, lnc.
Order No CAO5.1.0-1600203-59
Escrow No. .1$ FO-SN.
Parcel No. 0298'-r46-p,-0Q.4 T A
:104101 0
AND WEar tE t+ zi taii. i'.ti:
i (1 L. ' OD 100E2
?3 &'tCE A:\'.E
si;t6q TiitSt?Ii
GRANT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S) THAT DOCUMENTARY TRANSFER TAX IS $198,00 and CITY $
v etoppled oil illvai lO af,prtaperty.eonvey0d, px
? ,pit¢p} fed .on.fi i, value less. i:ieps 000060raPc; s°,ItIii niu$*l le'tin ofsa e:,
l t 1 ;A i!r: .;, ;t$ ::.O $1:0FMT.j.Oi :receipt,..a€ Vhieti t<1iereby.0c ti.OWlecteii;:.Lftry, : etlea i.;>,iv.ittg.Revocable
it iiy.1 RANI($).:to' :».nni,.1.it:efr uez:nit4,1E0 Oittio.tle.Arna nittrzy:Hushaiidl;and W.ift.;lisdo.lilt Tenants
the following described real property in the County of San Bernardino, State of California;
Lot 213lock 3 of Crafton Tract in the unincorporated area, commonly known as .Mentone, County of San Bernardino, State of
California, as per map recorded in Book 3 Page 14 of Maps, in the Office of the County Recorder of San Bernardino County
More commonly known as: 2204 .Nice Ave, Mentone, CA 92359
9.
ilrty A, i e .� sel Xaiying t2 avi�cabi Trust dated May
15, 2&15
By Patsy A. Re Inger, Successor Trustee
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CTl: RNIA
COUNTY Ol ef& 1Ci
} S.S. `'
On 0 i Oa! �'bd , before me, ,, VJ� 1l C' 4 11°1 6.. , ,,,, 1,?,((e; ,
person appeared Patsy A. Rellinger, who proved to me en he basis of satisfactory evidence to be the pens }' whose
name lath subscribed. to the within instr ent and acknowledged to me that he//Gla�3y executed the same in hrs /their
author d capacity(.ies%;and that by dii their signature(s)aorrthe instrument t e person(s)Or the entity upon behalf of
which the person(orrcted, executed the instrument.
Mail 7 s Stat inigits to; SAW Ai3 . ? or Addtcss:t 1plata Below
'Pr-- I certify under PENALTY OF ptgr.uo under the laws of the State of Ca1lfetti1a.414:the.:fprogoing postoph is true and
correct.
WITNESS ray hand
*nature.
dP,
(Seal),
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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
81§haiur (Seal)
STACEY NORFOLK
CommissIon # 2086108
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Legelnes.cription.
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deactl000ge tblipwe'
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dq.efived',es fpiloWs
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wtth the East line Of ,$00.6hire...AV0000., •.ViG.feetto.lhO:SOuth.lihe,qf Ntce.Ak!.0 hate): thenWest the South Iuie ::Of Nice
AVdhelb, ISO feet td., the place of .beginhlrig.
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