HomeMy WebLinkAbout8376RESOLUTION NO. 8376
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
APPROVING PRE -ANNEXATION AGREEMENT NO. 22-01, RELATED TO
OUTSIDE CITY UTILITY CONNECTIONS FOR WATER SERVICE FOR A
VACANT LOT LOCATED AT 2371 NAPLES AVENUE WITHIN THE
UNINCORPORATED COMMUNITY OF MENTONE,
WHEREAS, John Lawson has filed an application for Outside City Case No. 22-01 and
Pre -Annexation No. 22-01 with the City for outside City utility connections for a vacant 7,920
square foot parcel located at 2371 Naples Avenue (APN: 0298-301-33-0000) in the
unincorporated community of Mentone within San Bernardino County; and
WHEREAS, on June 7, 2022, the City Council found that Outside City Case No. 22-01
was consistent with the City's General Plan and determined the public health, safety, welfare of
the residents of Redlands would be served by the City's continued processing of the Outside City
Case application; and
WHEREAS, the proposal is not subject to environmental review pursuant to the
California Environmental Quality Act ("CEQA") Guidelines Section 15301(a) for existing
facilities and Section 15319 pertaining to annexations of existing facilities and 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 of the City of Redlands hereby determines that the
proposed Pre -Annexation Agreement is not subject to environmental review pursuant to the
California Environmental Quality Act (CEQA) Guidelines Section 15301 (Existing Facilities)
and Section 15319 (Annexations of Existing Facilities and Lots for Exempt Facilities).
Section 2. The City Council hereby approves Pre -Annexation No. 22-01, attached
hereto as Exhibit "A," for the provision of water service to enable irrigation of landscaping and
possible future development of a vacant lot in the unincorporated community of Mentone.
ADOPTED, SIGNED AND APPROVED this 6th day of September, 2022.
Paul T. Barich, Mayor
ATTEST:
gnne Donaldson,
1
1:1Resolutions\Res 8300-8399\8376 Pre -Annexation Agreement 22-01 Lawson.doc
1, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing
Resolution was duly adopted by the City Council at a regular meeting thereof held on the 6th day
of September 2022, by the following vote:
AYES: Councilmembers Tejeda, Davis, Guzman -Lowery, Gallagher; Mayor Barich
NOES: None
ABSENT: None
ABSTAIN: None
�Ohe Donaldson, City Clerk
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L\Resolutions\Res 8300-8399\8376 Pre -Annexation Agreement 22-01 Lawson.doc
EXHIBIT "A"
PRE -ANNEXATION AGREEMENT NO.22-01
[ATTACHED]
3
I:\Resolutions\Res 8300-8399\8376 Pre -Annexation Agreement 22-01 Lawson.doc
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY CLERIOS OFFICE
CITY OF REDLANDS
P.O. BOX 3005
REDLANDS, CA 92373
FOR
EXEMPT FROM FEES PER GOVERNMENT CODE SECTION 27388.1
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 6th day of September, 2022 by and between the City of Redlands, a
municipal corporation organized and existing under the laws of the State of California ("City")
and Gayle M. Lawson, ("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 vacant parcel of land generally located at 2371 Naples
Avenue and identified as county of San Bernardino Assessor's Parcel Number 0298-301-33-0000
("Property") in the unincorporated area of the county of San Bernardino within the City's sphere
of influence, as described in Exhibit "A" titled "Grant Deed", has made a request and application
to City to receive water 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
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 has entered into this Agreement to provide assurances
to City that connection to City's domestic water 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
Recitals. The foregoing recitals are true and correct.
2. Provision of Utility Services. City agrees to provide domestic water 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 water 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 water connection, and prior to receiving any service, Property Owner agrees to
pay the full cost of such service as established by City for the extension of utility services to the
Property.
2
3. Agreement to Develop by City Standards. In consideration of City's agreement to
provide City water 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 water
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. Pavment of Fees. As a condition of receiving domestic water service from City,
Property Owner shall pay to City all then -established applicable development impact fees, water
acquisition fees, and user fees specifically for such domestic water 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 farther 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.
10. Indemnity and Cost of Litigation.
.ion.
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
3
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 imire 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
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
C!
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
:
Paul T. Barich, Mayor
ATTEST:
Jeanne Donaldson, City Clerk
PROPERTY OWNER
am
Gayle M. Lawson,
CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 1189
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 Califor is
County of _r� J _�-7/2 h/4 re 4-2/1/O
On J l LL 2e 2Z before me,y �G� FL �c C �✓rq 416 /4
Date Here Insert Name and Title of The Officer
personally appeared A��E �� Wfo l
Nome(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person{,a'j whose name(,,` are subscribed
to the within instrument and acknowledged to me that he(p/they executed the same in his/heir
authorized capacity(Les), and that by his&/their signature,�,j on the instrument the person(,a)', or the entity
upon behalf of which the personA acted, executed the instrument.
SAMUEL LUNA
COMM. #2351124
Cn
NOTARY PUBLIC - CALIFORNIA fur,
SAN BERNARDINO COUNTY
My Comm. Expires March 12, 20251
Ploce Notary Seal and/or Stamp Above
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.
Signature
A 1ITIAAI A I
djmtL.4-, I 4::J� nd--
Signature of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
F1 Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Individual D Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
(c)2019 National Notary Association
Number of Pages:
Signer's Name:
C] Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
EXHIBIT "A"
Grant Deed
RECORDING REQUESTED BY:
Lawyers Title Company
WHEN RECORDED MAIL TO:
AND MAIL TAX STATEMENT TO:
Gayle M. Lawson, Trustee of the Gayle M. Lawson
Separate Property Trust of May 29, 2013
700 E. Redlands Blvd # U340
Redlands, CA 92373
ORDER NO. 1246883
APN: 0298-301-33-0-000
Electronically
Recorded In Official Records
County of San Bernardino
Bob Dutton
'Y
Assessor -Recorder -County Clerk
DOC# 2021-0301088
07102/2021
Titles:I Pages:3
01:29 PM
SAN
Fees
$30.00
Taxes
$38.60
14311
CA S132 Fee
$0.00
Total
$68.60
SPACE ABOVE THIS LINE FOR RECORDERS USE
GRANT DEED
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX is $38.50 CITY TAX $0.00
❑ Monument Preservation Fee is: $
/computed on full value of property conveyed, or
❑ computed on full value less value of liana or encumbrances
remaining at time of sale.
Unincorporated area X City of Mentone
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Bradford David Coins, Trustee of The Bradford and Kathleen Coins 2005 Revocable Living Trust
hereby GRANT(S) to Gayle M. Lawson, Trustee of the Gayle M. Lawson Separate Properly Trust of May 29, 2013
the following described real property in theme County of San Bernardino, State of California:
See Exhibit "A" attached hereto and made a part hereof.
Date: June 22, 2021
The Bradford and Kathleen Coins 2005 Revocable Living Trust
By: � /5-,, , 0 q%e—
Bradford ilavfd Gains, Trustee
MAIL TAX STATEMENT AS DIRECTED ABOVE
Crdar No.: 1245883
Grant Deed Sale
Pagel of
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notary public or other officer completing this certificate verifies only the
id and; oftha foul uai who signed the document to which this certificate Is
attached and not the truthfulness, accuracy, or validity of that document
State of Ca forma
County of dncr-, wits
On �Jl:g 38 ZLRi before me {aiS+i2ti �bd L-UCK Notary Public personally appeared
1�dk1r•,( (� iia LruthS _ , who proved tomeonthe
basis of satis actory evidence to be the person(s), whose names) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same In his/her/thelr authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
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.
Signature
Order No.: 1245883
Grant Deed Sale
1 BRANDIYDBISEK
1 Notary Public- California
Los Angeles County
Commission 0 2242029
My Comm. Expires May 11. 2022
(seal)
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File No: 621673644
EXHIBIT "A"
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF LOT 7, TRACT NO. 2940. ZANJA COURT TRACT, IN THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK
40 OF MAPS, PAGES 51 AND 52, RECORDS OF COUNTY OF SAN BERNARDINO, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 7, THENCE ALONG THE SOUTHERLY LINE
OF SAID LOT 7 NORTH 890 56' 12" WEST A DISTANCE OF 20.78 FEET TO THE BEGINNING OF A
CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 691.00 FEET;
THENCE WESTERLY ALONG SAID CURVE AND THE SOUTHERLY LINE OF SAID LOT 7, THROUGH A
CENTRAL ANGLE OF 0' 40' 51" A DISTANCE OF 8.21 FEET TO A POINT THAT HAS A RADIAL LINE
THAT BEARS NORTH 00 37' 03" WEST, AND TO THE TRUE POINT OF BEGINNING:
THENCE CONTINUING WESTERLY ALONG SAID CURVE AND THE SOUTHERLY LINE OF LOT 7,
THROUGH A CENTRAL ANGLE OF 70 29' 26" A DISTANCE OF 90.34 FEET TO THE SOUTHWEST
CORNER OF SAID LOT 7, ALSO SAID POINT HAS A RADIAL LINE THAT BEARS NORTH 80 06' 29"
WEST;
THENCE ALONG THE WEST LINE OF SAID LOT 7 NORTH 00 05' 34" EAST A DISTANCE OF 87.89
FEET (87.88 FEET RECORD) TO THE NORTHWEST CORNER OF SAID LOT 7;
THENCE ALONG THE NORTH LINE OF SAID LOT 7 SOUTH 890 59' 43" EAST A DISTANCE OF 90.00
FEET TO A POINT THAT IS NORTH 89 59' 43" WEST A DISTANCE OF 28.95 FEET FROM THE
NORTHEAST CORNER OF SAID LOT 7, (119.00 FEET RECORD FROM THE NORTHWEST CORNER TO
THE NORTHEAST CORNER OF SAID LOT 7);
THENCE SOUTH 0' 05' 34" WEST A DISTANCE OF 81.02 FEET TO THE TRUE POINT OF BEGINNING.
SAID LEGAL DESCRIPTION IS MADE AND PURSUANT TO CERTIFICATE OF COMPLIANCE, LOT LINE
ADJUSTMENT NO. EV0331-92 RECORDED ON MARCH 9, 1993 AS INSTRUMENT NO. 1993-106253,
OF OFFICIAL RECORDS.
ASSESSOR'S PARCEL NUMBER: 0298-301-33-0-000
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