HomeMy WebLinkAbout8718RESOLUTION NO. 8718
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
DETERMINING OUTSIDE CITY CASE NO. 25-01 IS CONSISTENT WITH THE
REDLANDS GENERAL PLAN AND THE PUBLIC HEALTH, SAFETY, WELFARE
AND BEST INTERESTS OF THE CITIZENS OF REDLANDS ARE SERVED BY
THE CONTINUED PROCESSING OF OUTSIDE CITY CASE NO.25-01
WHEREAS, Nasimul Anwar and Marina Kozanova have filed an application
for an Outside City Case No. 25-01 with the City of Redlands for a water
connection for a proposed single family residence on a vacant parcel located at
1320 Malachite Avenue in the unincorporated community of Mentone (APN: 0298-
145-30-0000); and
WHEREAS, Nasimul Anwar and Marina Kozanova have concurrently applied
for a pre -annexation agreement with the Development Services Department;
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 review under California Environmental Quality Act ("CEQA") pursuant to
CEQA Guidelines section 15303(a) and 15319(b) as CEQA exempts the conversion of
small structures and the annexation of lots for exempt facilities.
Section 2. The City Council hereby determines that Outside City Case No. 25-01
is consistent with the City of Redlands General Plan and the public health, safety,
welfare and best interests of the citizens of Redlands are served by the City's continued
processing of the application; and
Section 3. The City Council hereh
agreement for 1320 Malachite Avenue in
(APN: 0298-145-3 0-0000).
r directs staff to prepare a pre -annexation
the unincorporated community of Mentone
ADOPTED, SIGNED AND APPROVED this 7th day of October, 2025.
UW — It
Mario Sa cedo, Mayor
ATTEST:
e e Donaldson, City Clerk
LlResolutions\Res 8700-879918718-Contined Processing of Outside City Case NO. 25-01.docx j1
I, 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 7" day of October, 2025, by the following vote:
AYES: Councilmembers Barich, Tejeda, Davis, Shaw; Mayor Saucedo
NOES: None
ABSENT: None
ABSTAIN: None
AQ, a&,,
eanne Donaldson, ity Clerk
I;IResolutioma Res 8700-879918718-Contined Processing of Outside City Case NO. 25-01.docx jl
1019/25, 11:00 AM
Docu ment-31591419-P age-1
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY CLERK'S OFFICE
CITY OF REDLANDS
P.O. BOX 3005
REDLANDS, CA 92373
FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103
Electronically
Recorded In Official Records
San Bernardino County
Assessor -Recorder -County Clerk
DOC# 2025-0244717
1009/2025
Titles:I Pages: ll
10:38 AM
SAN
Fees
$0.00
Taxes
$0.00
J9534
CA SB2 Fee
$0.00
Total
$0.00
SPACE FOR RECORDER'S USE ON
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 7tk day of October, 2025, by and between the City of Redlands, a
municipal corporation organized and existing under the laws of the State of California ("City")
and Nasimul Anwar and Marina Kozanova, Husband and Wife as Joint Tenants, ("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 C'ounly 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 generally located at 1320 Malachite
Avenue and identified as county of San Bernardino Assessor's Parcel Number 0298-145-30-0000
("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 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
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about:blank 1/1
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 and
Property Owner agree as follows:
AGREEMENT
I. 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
2
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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 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. Payment 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 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.
3
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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 shalt 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.
if. 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
M
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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 fall 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
By: _
Mario Saucedo, or
ATTEST:
By: AhOQA
Jea onaldson, City Clerk
PROPERTY OWNER
By:r f
Nasimul Anwar, Owner
By: 2&
Marina Kozanova, Owner
Certificate Attached for
California Notary Wording
\tiles\Dept\CMO\emo\Agreements\Nasiinul Anwar and Marina Kozanova-rY2526-040.docx _jl
CALIFORNIAr, • •t
FF.
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 California \ I
County
`f\ (� \vb
Onff(_�� before
Date „ \' Here Insert Name and Title of the Officer
d
personally appeared \ yLA'C\'(a �1CS7�.�X CAK`A N<\W k
Nome(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
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.
certify under PENALTY OF PERJURY under the
CNASE ury Pub1c- ADfornia laws of the State of California that the foregoing
Notary ►ublie •California g g
San Bemedfaocw my paragraph is true and correct.
Commission 0 2504567
• •'" Ny Comm. Expires Nov 16, 2028 WITNESS my hand and official seal.
Place Notary Seal and/or Stamp Above 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: 3\1 -,.
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
02019•Notary Association
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
CALIFORNIA ACKNOWLEDGMENT CIVIL ..
.'J:;y...v.r:.m'..#c�lr3 .:S. ..0 .t'. i..r. u.`:-::r. r...,. ...l: .e ':
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 California
t County of _ 2erV°Zm c6xrn
On �i a', acas before me,
Date
personally appeared
Here Insert Name and Title of the
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
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.
WHITNEY A. MESNA
Notary Public - California
_. San Bernardino County
Commission k 2516836
4�roa+" My Comm. Expires Apr 10, 2029
Place 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 icial se I.
Signatur
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: �Y egry" .y/l� gzr f'V(M)CCXbCn
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner— ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
02018 National Notary Association
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited
❑ General
❑ Individual
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
EXHIBIT A - SITE PLAN
- - - - - - - -
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[320 IMALACHITEAVE, MENTONE
APN 0298-I45-30-0000
EXH15IT 5- CR4T DG�-D
RECORDING REQUESTED BY:
Orange Coast Title Company of Southern California
WHEN RECORDED MAIL DOCUMENT AND TAX
STATEMENT TO:
Electronically
Recorded In Official Records
County of San Bernardino
Bob Dutton
Assessor -Recorder -County Clerk
DOC# 2020-0436262
NasimulAnwar
11/05/2020
Titles:1 Pages:3
Madne Kozanova
12:02 PM
SAN
Fees
$20.00
31216 Quarry Street
Taxes
$99.00
Mentone CA 92359
F9343
CA SB2 Fee
0.00
APN: 0298-145-25-0-000
Total
$119.00
TITLE ORDER NO.: 210-2183055-15
ESCROW NO.: 2183055-PR
TRA NO,: 104003
THIS SPACE FOR RECORDER'S USE
ONLY
GRANT DEED
The undersigned Grantor(s) declare(s) that the DOCUMENTARY TRANSFER TAX IS: $ 99.00 County
XX computed on the fW value of the interest of property conveyed, or
_ computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale.
OR transfer is EXEMPT from tax for the following reason:
FOR AVALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Ryan Daniel McCormick, a Single Man
HEREBY GRANT(S) to Nasimul Anwar and Marina Kozanovar Husband and Wife as Joint Tenants
All that real property situated in the City of Mentone. County of San Bernardino, State of California, described as:
SEE ATTACHED EXHIBIT "A"
Commonly Known As: 1320 Malachite Ave, Mentone, CA 92359
October26, 2020
R aniel McCormick MCc*M 0�'*
A notary public or ether officer completing this certificate vedies only the identity of the individual who signed the document to which this certificate is
STATE OF CALIFORNIA )
COUNTY OF .$117 R (Ao ri%na >
On
before
a Notary Public
personally appeared u , n
who proved tome on the basis of satisfactory evidence to be the person(pj whose nama$)6gr6 subscribed to the within Instrument and
acknowledged tome that6NhaRhay executed the same irlIDATerkHei 11 thorized capacitySW. and that by-19he>'Riteir signatureKon
the instrument the pason(ya'j, or the entity upon behalf of which the person(4 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 al affc' seal. ,�
Signature
(SEAL) lACWELYN AN
3
riniCOMM, #2285035
SRift -
on Eprrnlrto OfurAy
O:nYn E 1 �
MAIL TAX STATEMENTS AS DIRECTED ABOVE
DOC #2020-0436262 Page 2 of 3
Exhibit "A"
Lots 1 and 2 of Tract No. 1830, Brighton Subdivision, in the County of San Bernardino, State of California, as per Map recorded in
Book 26, Page 38 of Maps, in the Office of the County Recorder of said County.
Note No. 1:
By Resolution of the Board of Supervisors of San Bernardino County, California, dated April 16, 1945, Brighton Avenue, also
known as Bath Avenue, between the East line of Malachite Avenue and the West line of Agate Avenue, was vacated and abandoned.
A certified copy of said Resolution was recorded April 18, 1945 in Book 1776, Page 75, Official Records.
Note No. 2:
By Resolution of the Board of Supervisors of the San Bernardino County, California, dated December 17, 1945 and recorded
December 2C, 1945 in Book 1832, Page 345, Official Records, the width of Malachite Avenue lying between the Northerly line of
Mentone Boulevard and the Southerly line of Capri Avenue, was reduced to a width of 50 feet being 25 feet on either side of the
centerline of said avenue.
DOC #2020-0436262 Page 3 of 3
Under the provisions of Government Code 27361.7, 1 certify under the penalty of perjury
that the notary seal on the document to which this statement is attached reads as follows:
Name of Notary:
Commission M
JACQUELYN SAINTIS
2285038
Place of Execution; SAN BERNARDINO
Date Commission Expires: 5 10 23
Vender No: NRO1
Where Notary Bond was Filed: SAN BERNARDINO
Date:
Signature:
Print Name: Alexis Gullotta
CERTIFICATION
Under the provisions of Government Code 27361.7 1
certify under the penalty of perjury that the following is a
true copy of illegible wording found in the attached
document:
Date: aC
Signature:
Print Name:
Orange Coast Title Company of Southern California - IE