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HomeMy WebLinkAbout0850-72_18080 Arrow Rte/County SewerCITY OF FONTANA APPLICATION FOR SEWER CONNECTION PERMIT (Sec. 26-26) gle- 1. Address of Property to be Connected: /6P0ICJ - ,�i20 Gtl o/v/i v,0- • Clcr 2. Property Owner: Ki%2iidES Property Owner's Address 25..5T3 / / Lu G /GM d -A/ ,t9,e_, • City:A/Cu2, ,E44- State: d-4-- Zip: 9A5-6,3 Phone Number: `7/ " co 9e—/9e97 3. Project Description: /e�?kzteM,//i✓' c� 4. APN: dfWG - 04/2-/(0 -0000 5a4,1 P)cuoro CouYt - 5. City Requirements a) There will be a connection charge for sewer hook-up. b) There will be a sewer lateral charge if it was installed by the City. c) There will be a monthly billing after connection. APPLICANT'S AFFIDAVIT I/we-have familiarized myself/ourselves with the requirements of the City with respect to preparing and filing this application and that the foregoing statements and answers herein contained are in all respects true and correct to the best of my/our knowledge and belief. (Seca 26-38) _ SIGNATURE OF PERMITTEE:.:5 ) i� i`tJ &IQJ DATE: �✓7 ; TYPE/PRINT NAME: 4U47-- 6- .,,&cw /ze,i e • FOR OFFICE USE ONLY: Sewer Fees for:-- T +1A &AtJi (Ftk1) s a vic_) 1. Service Lateral Existing,,j�n L AE I-W To be insTalla in 2. Sewer Connection Permit Fee ($25 per permit) 3. Sewer Connection Charge $600 x 14.00 Service Urlit (Residential = 1 S U) 4. Sewer deposit, 4 x Iq.•Mervice Unit x $ 'Jmo. Sewer service unit assignment formula for commercial See City Code Section 26-43 for criteria. TOTAL SEWER CHARGES *t'') kdS ?LY %A. REMARKS: ji J 2 SEWER EXPANSION FEE Cost $ $ 9), 1-2) lam. 00 $ H71--°' and industrial. $ 1015S3 . of $ 2 5, 5 SI lc Cul11 S e (2,,11 [ P t Mi1 fel \ l NI (o(1 n-Y A—e , 4�\AII - tAsercpi,L- t:j!i.-r,Ale-, ItI Lo!rtsT /4.ic 71" 1 tii) 17M.►st cr` AS of-- 1)1 III1 17 I r 5,L►. (i1 ) OE. do i13i) 037 T�. < •.' VrIV--- ��CyanPUBLIC WORKS DEPARTMENT: \ 4, DATE: NOTES: Allow 72'hours for review and research. If out -of -city, connection permit is requirements of Resolution No. 82 -117. bC , eatSeDe , required. Follow I I '12 42? FROM: BUILDING & SAFETY DIVISION DATE: I 5 a,, 1990 SUBJECT: FIXTURE COUNT ******************•*,►**,r***** (rev. 4-23-90) * TOTAL FIXTURE COUNT:* **************************************************************** TO: ENGINEERING p • C . s I6M(6O • f) »mJ UL SUBMITAL ;: FIXTURE FIXTURE UNIT TOTAL WATER CLQSETCEI ` 6 I v. I3) 7.D. (`t) URINAL cI-L SINKccOal L I ) SERVICE- SINE C41 YLOOR SINT_ 141 WASH lam. t V 1 2 2 3 3 l 3 3 S. fto 1 POP CURB I I 1 3 DISH WASH II 1 3 7 SSOi= I l 2 BIDET I l 2 jibTRIBE I l 2 GREASE Ilt. L i l 3 D � �" 1 FLA _ 7b, q iq.?" ]/'M D14? jc) �.s pionA-c- 4tie- /7©7 ° g-e° G`) /04 1.1.1coot,4 /- ..01A.41,\. Ft (Art (f oOvLiT r _ _u p . 4.. • I oi_cg 3, o_(=f. , az_ SO. 00 . 3 ti tp .1 • PUBLIC WORKS !SMMcaPOflS ECG MEMORANDUM TO: JOHN O'SULLIVAN City Manac r FROM: KEN JESK EnvironmeProtection Manager Public Works Department CITY OF FONTANA CALIFORNIA PHONE:350-6631 DATE: December 26, 1990 SUBJECT: INQUIRY RE: RESTAURANT PROPOSED AT LOCUST & ARROW OWNER: KIRTIDES (COUNTY AREA) The Public Works Department has reviewed this request for sewer service to a proposed building (restaurant) located in the unincorporated area. Although our sewer system has deficiencies and capacity shortfall in that area, our engineering staff has determined that capacity can be available for this one application. However according to Planning, this project, which is located in the County, does not meet City planning and development standards, and is inconsistent with the Fontana General Plan. According to Council Resolution 82-117 (attached), in order to grant a sewer permit this project must be consistent with City development standards, be subject to the City review process, and agree to annex. Mr. Kirtides has objected to these requirements. As of this date, no application with LAFCO has been filed. At this point, the remaining issues appear to be Community Development/Planning related. Charles LaClaire has been briefed, and Mr. Kirtides has been encouraged to contact him. I anticipate this issue may arise more frequently, since the Regional Water Quality Board on Dec.7, 1990 increased restriction on use of septic tanks. Fontana supported that action. An overall strategy for service delivery and annexation is recommended. A sewer masterplan update is being prepared (draft due in two weeks) and it will include the entire sphere of influence. As an extra work item on this project, we can have a development fee schedule update prepared. copy: Greg Hulsizer Annivory Calvert Ray Wellington Russ Carlsen Charles LaClaire (kj\kirtides.swr) s RESOLUTION !1O. 82-117 A RESOLUTION OF THE CITY COUNCIL OF TEL CITT OF FONTANA. CALIFORNIA, DELEGATING AUTHORITY TO ISSUE "OUT OF CITY" SEVER CONNECTION PERMITS. WHEREAS. the present Fontana City Code contains the following paragraph: "The granting of permission for the connection to or use of the sever system by properties or users Located outside the corporate limits of the city, in any event, shall be optional with and in the discretion of the council".; and WHEELS, permission for sewer connections is requested by property owners outside the corporate limits of the city several times per year; and walLEAE, it has been the policy of the City Council that whenever such requests for sewer service are approved, that the property owner sign an agreement obligating the connecting property to being annexed by the city at some future :ate; and VHIEZAS, the City Council finds that the granting of such permission for "out of city" connections is of a routine nature; POW, 1EE1170EE, BE IT RESOLVED .that the City Council of the City of Fontana does hereby delegate to the Fontana Finance Director authority to issue "out of city" sewer connection permits upon execution of an "agreement to annex" by the owner of record of the property being connected to the city sewer system, such agreement to be filed with the County Recorder. 3Z IT mum RESOLVED, that as an additional condition for the granting of such permit, that the owner of record of the property agree in writing that the development of the property will be done in such a manner that it will be in compliance with all City of Fontana construction standards and shall be subject to the applicable City of Fontana review process as if the property were located within the city limits of the City of Fontana. AMMO AND ADOPTID this 21st day of September, 1982. yor o the City of Fontana. CLty Clerk I, Patricia M. Murray, City Clerk of the City of Fontana, California, do hereby certify that the foregoing resolution vas. duly and regularly adopted by the City Council of the City of Fontana at a regular meeting thereof, held on the 21st day of September, 1982, by the following vote co -wit: AYES: Mayor Simon, Councilmen Day, Freeman, Koehler, Kragness NOES: None ASSENT: None Lty Clerk o the CLcy o Font a CITY OF FONTANA APPLICATION FOR SEVER CONNNECTION PERMIT (Sec. 26-26) 1. Address of Property to be Connected: /�C��L1- �/ --77 2. Property Owner: .5/-/=c/L Property Owner's Address:6 City: fiCc1 2., E-i� Phone Number: �7/V- State: --'L Zip: 1�� �. c9y-/gay 3. Project Description: /2—z,-/:zc///iv ,( 4. APN: O..(.CG _O4/2 _I 6 0 Cl0 J .S6L4( PI tCOUyv-y 5. City Requirements / a) There will be a connection charge for sewer hook-up. b) There will be a sewer lateral charge if it was installed by the City. c) There will be a monthly billing after connection. APPLICANT'S AFFIDAVIT I/we have familiarized myself/ourselves with the requirements of the City with respect to preparing and filing this application and that the foregoing statements and answers herein contained are in all respects true and correct to. the best of my/our knowledge and belief. (Sec. 26-38) SIGNATURE OF PERMITTEEs.J DATE: /- 7 // TYPE/PRINT NAME: -:f-5� % /c » `deb / .&x // th e,/ FOR OFFICE USE ONLY: Sewer Fees for:. / I. Service Lateral . �n Cost ).'...) To be ins �al l ed in a 2. Sewer Connection Permit Fee ($25 per permit) $ ?. 3. Sewer Connection Charge $600 x Service Unit (Residential 1 S U) � ,,'� $ 4. Sewer deposit, 4 x i 4 •�'Servi ce Unit x $ . ' /mo. $ ' 1 "i 2 Sewer service unit assignment formula for commercial and industrial. See City Code Section 26-43 for criteria. TOTAL SEWER CHARGES • REMARKS: 111-1-2- SEWER EXPANSION FEE $ 10,533 $ 25, 52 22 7-17;•"' r: • A U" 11.?,) 01) 12t)r..v.)1.: r • A o4 1)1 1 * S5-1 ( 5. LI. PUBLIC WORKS DEPARTMENT: NOTES: 1. Allow 72 hours for review and research. ,,—,--- 2. If out -of -city, connection ermit is required. Follow requirements of Resolution No. 82- 17. DATE: 116IgJ2 c r.-e.Pt,.r..• e Ai'%/1'E� TO: ENGINEERING ?.C.: I1! f ,� 1;� , otj FROM: BUILDING SiSAFETY DIVISION SL'HMITAL: DATE: / 1990 SUBJECT: FIXTURE COUNT *****fear****►*****************. (rev. 4-23-90) * TOTAL FIXTURE COUNT:* **************************************************************** FIXTURE FIXTURE UNIT MTER CLOSET( 6 6 ) (3) 2 LIRnrAL 11) 2 $ nut (CONK] I i SEkkCZ SINZI cif_ FLCOm SINE I &I 3 3 1 WASH roux. I I_ 3 DRIIlt POOi. I POP CURE TOTAL 0 'S • II) 3 DISH WAS8 Li 1 3 I 1 2 EIDEN' L 1 2 WIT= I 1 2 GREASE Ia. I 3 • OTHER 1 1 Recording Requested by and Upon Recordation Return to: The City of Fontana P.O. Box 518 Fontana, California 92335 Attention: Planning Department 1 N p IDVAciCkhew, IYWrrCe4-4 (A. 925(03 1u-21—°41 IRREVOCABLE AGREEMENT TO AMEX TO THE CITY OF FONTANA THIS AGREEMENT is made this between hereinafter referred to as "owners", and the CITY OF FONTANA, hereinafter referred to as "City". WHEREAS, Owners are the owners of the real property consisting of approximately gross acres located and is further described as follows: Being further described as Assessor's Parcel Number Areas and distances computed to street centers. WHEREAS, Owners are developing said real property as under the County of San Bernardino development standards and regulations, but require the use of the City of Fontana sewer system and the right to connect to the existing sewer main which is contiguous to said property; and WHEREAS, Owners are desirous of annexing to the City of Fontana, WHEREAS, the City of Fontana is willing to consent to the connection of said property to the sewer main only on the condition that the property be annexed to the City of Fontana at the earliest possible time; and W ERAS, the City of Fontana is proceeding with the annexation of Owners' property plus other property but said annexation will cause delay, which delay would create a substantial hardship for Owners of said property. NOV, THEREFORE, the Party does agree as follows: 63o.A.): cpt 4Aisko -Vtosee. A.a0,-*Ar-cw, tsbv- Gam, soa IRREVOCABLE AGREEMENT TO ANNEX TO THE CITY OF FOIITANA Page 2 1. Owners do hereby give their irrevocable consent to annex to the City of Fontana at such time as the annexation may be property approved through appropriate legal proceedings, and Owners do further agree to provide reasonable cooperation and assistance to the City in the annexation proceedings. Said cooperation is contemplated to include signing any applications or consent prepared by the City and submitting any evidence reasonably within the control of Owners to the various hearings required for the annexation. Said cooperation does. not include, however, any obligation on behalf of Owners to institute any litigation or judicial proceedings whatsoever to force the annexation to the City of Fontana. 2. The City of Fontana does hereby agree to authorize the connection of said property proposed to be developed on Owner's property to the sewer main located in and contiguous with Owner's proto the sewer main shall be permitted by City at such timeyas the development has progressed to the point that sewer connection to the main would normally occur, and said connection shall be permitted prior to the annexation to the City of the development has reached that stage of development that it is necessary prior to the completion of the annexation procedures. 3. Owners agree to pay such annexation fees and costs and other municipal charges as would ordinarily be charged on the annexation of property to the City. Said fees shall be payable when the same becomes due and payable. 4. Owners shall pay all fees and charges and make all deposits required by City to connect to and use the sewer and owners agree to be bound by all City ordinances, rules and regulations respecting the sewer system. 5. This Agreement shall be recorded. 6. Owners shall install all improvements upon said City's standards as. outlined in statement of property to the of San Bernardino Board of Supervisors ,. 4712-,76. In theolcas onet or more of these requirements are'waived by said County, all omitted improvements shall be completed within two (2) years and thirty (30) days of the completion of Annexation. 7. All fees such as, but not limited to, Parks & Recreation fees and storm drain fees, shall be paid within two (2) years and thirty (30) days of the date of annexation. 8. The owners shall develop such property to City Codes. 9. Owner executes the Agreement on behalf of themselves, their heirs, successors and assigns, and said Agreement shall be irrevocable without the prior written consent of both parties hereto. IRREVOCABLE AGREEMENT TO ANNEX TO THE CITY OF FONTANA Page 3 EXECUTED this OWNERS: CITY: The Mayor and City Clerk of the City of Fontana have been authorized to execute this Agreement on behalf of the City of Fontana. STATE OF CALIFORNIA COUNTY OF Riverside 41N/N • I No 41e a0 s o0 •a NN N* OFFICIAL SEAL LIANE R. RENNER NOTARY PUBLIC • CALIFORNIA PRINCIPAL IN R;VERSIDE COUNTY My Commission Exp. May 20, 1094 I N/1 /NNN/NI MINI 11O11o1W M'NA MAYOR THE CI FO(TANA CI CLERK OF CITY OF FONTANA On this 10th dayof January, in the the undersigned, a 9Notary beforeme, in �3nd for said State, personally appeared Steve Kirtides personally known to me or prove to me on the basis of satisfactory evidence) to be the person whose name subscrTbjed to the within instrument, and acknowledged to methat he executed it. WITNESS my han and official seal. Notary 11c jn anci or sa tate City of Fontana California Memorandum TO: DAVID MARTINEZ BUILDING/PLANNING DIVISION MANAGER FROM: KEN JESKE\, PUBLIC WORKS DIV SION MANAGER SUBJECT: SEWER SERVICE OUTSIDE CITY LIMITS - IRREVOCABLE AGREEMENT TO ANNEX DATE: JANUARY 13, 1992 Engineering Division staff has been requested by a property owner (Mr. Kirtides) to provide sewer service at 18080 Arrow Highway (County Unincorporated area within the City sphere. This property owner has filed a request for an irrevocable agreement to annex according to the Planning Division. (Brad Weekly) Engineering Staff requested Public Works input, our advise was to not process this sewer connection application until the property owner receives an irrevocable agreement to annex and meets all City requirements. Attached is a prior memo to John O'Sullivan regarding on this matter and a copy of an unprocessed application for irrevocable agreement to annex which we received from the Planning Division, I do not know why it was not processed. It is believed the property owner is under the false assumption that they have an agreement for sewer service. This matter needs Planning attention. I believe Mrs. Kirtides is scheduling to see the City Manager next. The issue is whether Planning requirements are met. KJ/JCA:eyo cc: Greg Hulsizer Bob Weddle Richard Cota (sewer\18080arrow.mem) b ahIra 1Mli PUVUC WORKS DAMMMOUS EPAIWMV4 MEMORANDUM TO: JOHN O'SULLIVAN City Mana-=r FROM: KEN JESK:i Environme• : Protection Manager Public Works. Department CITY OF FONTANA CALIFORNIA DATE: December 26, 1990 PHONE:350-6631 SUBJECT: INQUIRY RE: RESTAURANT PROPOSED AT LOCUST & ARROW OWNER: KIRTIDES (COUNTY AREA) The Public Works Department has reviewed this request for sewer service to a proposed building (restaurant) located in the unincorporated area. Although our sewer system has deficiencies and capacity shortfall in that. area, our engineering staff has determined that capacity can be available for this one application. However according to Planning, this project, which is located in the County, does not meet City planning and development standards, and is inconsistent with the Fontana General Plan. According to Council Resolution 82-117 (attached), in order to grant a sewer permit this project must be consistent with City development standards, .be subject to the City review process, and agree to annex. Mr. Kirtides has objected to these requirements. As of this date, no application with LAFCO has been filed. At this point, the remaining issues appear to be Community Development/Planning related. Charles LaClaire has been briefed, and Mr. Kirtides has been encouraged to contact him. I anticipate this issue may arise more frequently, since the Regional Water Quality Board on Dec.7, 1990 increased restriction on use of septic tanks. Fontana supported that action. An overall 'strategy for service delivery and annexation is recommended. A sewer masterplan update is being prepared (draft due in two weeks). and it will include the entire sphere of influence. As an extra work item on this project, we can have a development fee schedule update prepared. copy: Greg Hulsizer Annivory Calvert Russ Carlsen Charles LaClaire Ray Wellington (kj\kirtides.swr) GO 5i Recording Requested by and Upon Recordation Return to: The City of Fontana P.O. Box 518 Fontana, California 92335 Attention: Planning Department IRREVOCABLE AGREEMENT TO ANNEX TO THE CITY OF FONTANA THIS AGREEMENT is made this hereinafter referred OF FONTANA, hereinafter referred to as "City'. MIEREAS, Owners are the owners of the approximately gross acres located and is further described as follows: between to as "owners" real property , and the CITY consisting o Being further described as Assessor's Parcel Number Areas and distances computed to street centers. WHEREAS, Owners are developing said real property as under the County of San Bernardino development standards and regulations, but require the use of the City of Fontana sewer system and the right to connect to the existing sewer main which is contiguous to said property; and WHEREAS, Owners are desirous of annexing to the City of Fontana, YENEAS, the City of Fontana is willing to consent to the connection of said property to the sewer main only on the condition that the property be annexed to the City of Fontana at the earliest possible time; and HRENAS, the City of Fontana is proceeding with the annexation of Owners' property plus other property but said annexation will cause delay, which delay would create a substantial hardship for Owners of said property. NOW, THEREFORE, the Party does agree as follows: IRREVOCABLE AGREEMENT TO ANNEX TO THE CITY OF FONTANA Page 2 1. Owners do hereby give their irrevocable consent to annex to the City of Fontana at such time as the annexation may be property approved through appropriate legal proceedings, and Owners do further agree to provide reasonable cooperation and assistance to the City in the annexation proceedings. Said cooperation is contemplated to include signing any applications or consent prepared by the City and submitting any evidence reasonably within the control of Owners to the various hearings required for the annexation. Said cooperation does not include, however, any obligation on behalf of Owners to institute any litigation or judicial proceedings whatsoever to force the annexation to the City of Fontana. 2. The City of Fontana does hereby agree to authorize the connection of said property proposed to be developed on Owner's property to the sewer main located in and contiguous with Owner's property. Said connection to the sewer main shall be permitted by City at such time as the development has progressed to the point that sewer connection to the main would normally occur, and said connection shall be permitted prior to the annexation to the City of the development has reached that stage of development that'it is necessary prior to the completion of the annexation procedures. 3. Owners agree to pay such annexation fees and costs and other municipal charges as would ordinarily be charged on the annexation of property to the City. Said fees shall be payable when the same becomes due and payable. 4. Owners shall pay all fees and charges and make all deposits required by City to connect to and use the sewer and owners agree to be bound by all City ordinances, rules and regulations respecting the sewer system. 5. This Agreement shall be recorded. 6. Owners shall install all improvements upon said property to the City's standards as outlined in statement of policy of the County of San Bernardino Board of Supervisors 4-12-76. In the case one or More of these requirements are waived by said County, all omitted improvements shall be completed within two (2) years and thirty (30) days of the completion of Annexation. 7. All fees such as, but not limited to, Parks & Recreation fees and storm drain fees, shall be paid within two (2) years and thirty (30) days of the date of annexation. 8. The owners shall develop such property to City Codes. 9. Owner executes the Agreement on behalf of themselves, their heirs, successors and assigns, and said Agreement shall be irrevocable without the prior written consent of both parties hereto. IRREVOCABLE AGREEMENT TO ANNEX TO THE CITY OF FONTANA Page 3 EXECUTED this CITY: The Mayor and City Clerk of the City of Fontana have been authorized to execute. this Agreement on behalf of the City of Fontana. STATE OF CALIFORNIA COUNTY OF Riverside OFFICIAL SEAL LIANE R. RENNER NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN R;VERSICE COUNTY My Commission Exp. May 20, 1991 •MI••NMN/MNIIN/ MI.111NME MAY OF THE CITY OF FONTANA CITY CLERK OF CITY OF FONTANA On this 10th day of January, in the year undersigned, a 9Notary beforeme, in�3nd for said State, personally appeared Steve Kirtides personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name subscribed to the within instrument, an acknowledged to me. that_ he executed it. WITNESS sly han4 and official seal. Notary Pugt6n an for saidtate RESOLUTION NO. 92—L17 A RESOLUTION OF Talt CITY COUNCIL OF TEE CITY Or FONTANA. CALIFOLNIA. oeLZCASIMo AUTRORITT ro tss "OUT o1 CITY" SIM CONMEC t0 Pittm[21. MILS. the present Fontana City Code contains the•following oara;raoh: "The ;ranting of permission for the connection to or use of the sever systsm by prop.rties or user! LpcaCed outside the corporate limits pe the :ity, :n any event, shall be optional with and in the discretion of the council" and WUIL&3, permission for sever connections is requested by property owners outside the corporate limits of the city severaltimes per year; and MUM, it has been the policy of the City Council that whenever such requests for sewer service are approved, that the property owner sign an agreement obligating the connecting property to being annexed by the city at some future :ate; and WOWS, the City Council finds that the granting of such permission f:r "out of city" connections is of a routine nature; MOW, 1UJZ10U, al I? RZSOLPla that the City Council of the City of Fontana does hereby delegate to the Fontana Finance Director authority to issue "out. of city" sever connection permits upon execution of an "agreement to annex" by :he owner of record of the property biting connected co the city sever system, such a`reemenc to be filed with the County Recorder. Ile IT mum RESOLVED, that as an additional condition for the ;ranting of such permit. that the owner of record of the property agree in writing that :he development of the property will be done in such a manner that it will be, in compliance with all City of Fontana construction standards and shall be subject"to the applicable City of Fontana review process as if the property were located within the city limits of the City of Fontana. AMMO AND ADORED this 21st day of September, 1982. Q yor of the City of Fontana 1, Patricia M. Murray, City Clark of the City of Fontana, California. do hereby certify that the foregoing resolution wee duly and regularly adopted by the City Council of the City of Fontana at a regular meeting thereof, held on the 21st day of September, 1982, by the following vote to -wit: AIRS: Mayor Sisson, Councilmen Day, Freeman, Koehler, Ermines' SOU: Mons ASSENT: None Attorney ti CITY OF FONTANA APPLICATION FOR SEWER CONIECTION PERMIT (Sec. 26-26) Now I. Address of Property to be Connected: ',iC%.�1; 1/d...,�/uY �._ 2. Property Owner: Property Owner's Address:.�� Ci ty:ACct,^ /-, L /,4 State: Phone Number: '7/44 - 9 Y-/9 j 3. Project Description: " tf-z / mr APN: City Requirements a) There will be a connection charge for b) There will be a sewer lateral charge i c) There will be a monthly billing after Zip: 9 J sewer hook-up. f it was installed by the City. connection. APPLICANT'S AFFIDAVIT with I we phavetofamiliarized preparingili d and fwith the requirements of the City statements and answers heein contained are ithis npall arespects true andtion and that e correctio the best of my/our knowledge and belief.to (Sec. 26-38) SIGNATURE OF PERNITTEE:- JG / TYPE/PRINT NAME: • & //</A244 DATE: /—'7 / /. .�LG1tiv /44z2-€C6/ 1 FEE Recording Requested by and Upon Recordation Return to: The City.of.Fontana P.O. Box 518• Fontana, CA 92335 Attention: Planning Department CHRG 2 MSYS 3 PCOR 7 GIMS 8 NO FEE 4 LNNT 9ST E 5 SVY 5 OTT 92:133558 R1=CORDED''IN OFFICIAL RECORDS 92 MAR 30 PM 2:. 00'. SAN BERNARDINO CO.. CALIF. IRREYOCABIIe AGREEMENT TO ANNEX TO THE CITY OF FONTANA' THIS AGREEMENT is made this 15thday of Jan.. 1992, between Steve Kirtides hereinafter referred to as "owners", and the CITY OF FONTANA, hereinafter referred to as "City". WHEREAS, Owners are the owners of the real property consisting of approximately 1.2 gross acres located at the. Northwest corner of Locust Avenue and Arrow Route (Highway) in the unincorporated portion of San Bernardino County and is further described as follows: 18080,Arrow Highway, Fontana, Ca. Being further described as Assessor's Parcel Number Areas and distances computed to street centers.. WHEREAS, Owners are developing said real property as under the County of San Bernardino development standards and regulations, but require the use of the. City of Fontana sewer system and the right to connect, to the existing sewer main which is contiguous to said property; and WHEREAS, Owners are desirous of annexing to the City of Fontana. WHEREAS,' the City of Fontana is willing to consent to the connection of said property to the sewer main only on the condition that the property be annexed to the City of Fontana at the earliest possible time; and WHEREAS, the City of Fontana is proceeding with the annexation of Owners' property plus other property, but said annexation will cause delay, which delay would create a substantial hardship for Owners of said property. NOW, THEREFORE, the Party does agree as follows: 0246-042-.16-0000 Page 2 1. Owners do hereby give their irrevocable consent to annex to the City of Fontana at such time as the annexation may be property approved through appropriate legal proceedings, and Owners do 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 or consent prepared by the City and submitting any evidence reasonably within the control of Owners to the various hearings required for the annexation. Said cooperation does not include, .however, any obligation on behalf of Owners to institute any litigation or judicial proceedings whatsoever to force the annexation to the City of Fontana. 2. The City of Fontana does hereby agree to authorize the connection of • said property proposed to be developed on Owner's property to the sewer main located in Arrow Highway and contiguous with Owner's property. Said connection to the sewer main shall be permitted by City at such time as the development has progressed to the point that sewer connection to the main would normally occur, and said connection shall be permitted prior to the annexation to the City of the development has reached that stage of development that it is necessary prior to the completion of the annexation procedures. 3. Owners agree to pay such annexation fees and costs and other municipal charges as would ordinarily be charged on the annexation of property to the City. Said fees shall be payable when the same becomes due and payable. 4. Owners shall pay all fees and charges and make all deposits required by City to connect to and use the sewer and owners agree to be bound by all City ordinances, rules and regulations respecting the sewer system. 5. This Agreement shall be recorded. 6. Owners shall install all improvements upon said property to. the City's standards as outlined in statement of policy of the County of San Bernardino Board of Supervisors 4-12-76. In the case one or more of these requirements are waived by said County, all omitted improvements shall be completed within two (2) years and thirty (30) days of the completion of Annexation. 7. All fees such as, but not limited to, Parks and Recreation fees and storm drain fees, shall be paid within two (2) years and thirty (30) days of the date of annexation. 8. The owners shall develop such property to City Codes. 9. Owners executes the Agreement on behalf of themselves, their heirs, successors and assigns, and said Agreement shall be irrevocable without the prior written consent of both parties hereto. ' Page 3 The City Manager and City Clerk of the City of Fontana have been authorized to 'execute this Agreement on behalf of the City of Fontana. Aittrygriii OFFICIAL SEAL JUDY Y. MILLS NOTARY ►UBUC • CALFORNY1 SAN BERNARDINO COUNTY My Comm, (gates Juy 13,1993 ACKNOWLEDGMENT OF GRAMM: STATE OF CALIFORNIA) SS. COUNTY OF SAN BERNARDINO) On • March 26, 1992 before me, JIMflY Y. MILS , a Notary Public in and for the County of San Bernardino, State of California personally appeared Steve Kirtides xX4XXOUXUAAMU Xri6Xt,14XIWXXOAXXXXXXXXX 'XXI proved to me on the basis of satisfactory evidence to be the person(b) whose name(') is/ate subscribed to the within instrument, and acknowledged to me that he/ /,tt 'ihy/ authorized capacity capat ty>(ies)) and that by his/liekft Mk signature() on the instrument the person(A) acted, executed the instrument. WITNESS my hand and official seal. No y Publ of -i or said State TO: DAVID J. MARTINEZ BUILDING AND SAFETY/PLANNING MANAGER FROM: KURT H. ANDERSON DEPUTY PLANNING MANAGER INITIATED BY: BRAD MEEKLEY SENIOR PLANNER RE: PROPOSED IRREVOCABLE AGREEMENT TO ANNEX ASSESSOR'S PARCEL NO. 246-042-16, NORTHWEST CORNER OF ARROW HIGHWAY AND LOCUST AVENUE - APPLICANT: MRS. STEVEN KIRTIDES DATE: JANUARY 15, 1992 Mrs. Steven Kirtides is the owner of the above captioned parcel which is located at 18080 Arrow Highway, within the Sphere of Influence of the City of Fontana. A restaurant is currently under construction on this parcel, approved by the San Bernardino County Planning Department. As a function of that approval, the property owner is required to secure City sewer service for the new restaurant. A City sewer line is located in Arrow Highway, directly adjacent and south of the new construction. Pursuant to Section 26-27 of the Fontana Municipal Code, any extra -territorial City sewer service shall be at the discretion of the City Council. Typically, the applicant and City Council enter into an Irrevocable Agreement to Annex, which allows for, hook-up to the City sewer system in exchange for no property owner protest in the event that actual annexation is proposed. This agreement, along with a staff report and recommendation are presented to the City Council as a consent calendar item as soon as the, requisite application and fees are submitted by the applicant. Mrs. Kirtides previously submitted the actual irrevocable agreement which was unilaterally executed by herself only. She had not submitted an applicaiton or the required fees. Consequently, her agreement was never scheduled for the City Council. She has stated that City staff never informed her of the application, fee and City Council approval requirements that preface actual connection to the City sewer system. Memo Dave Martinez On January 14, 1992, Mrs. Kirtides met with Community Development Director, Greg Hulsizer, and Senior Planner, Brad Weekley, in order to resolve the processing difficulties that have occurred up to this point. Greg Hulsizer has requested that Brad work with Mrs. Kirtides toward the actual submittal of the application and payment of processing fees so that the proposal may go forward to the City Council. Greg indicated that the application might be able to make the February 4, 1992 City Council meeting. Also, Mrs. Kirtides has submitted all necessary sewer connection plans to the Engineering Division, as verified by Edgar Casassola on January 14, 1992. Planning Division staff will continue to work with Mrs. Kirtides toward getting her request before the City Council as soon as possible. cc: Greg Hulsizer, Community Development Director Ken Jeske, Public Works Manager Curtis Aaron, Environmental Control Supervisor Richard Cota, Principal Engineer - Land Division Edgar Casassola, Associate Engineer CONSTRUCTION PERMIT Date Issued .. %�,�..C.f 1 0) / 9 2 2 010 - 6312- /$°Q PUBLIC WORKS DEPARTMENT Work must commence within 60 days from 1949 CITY OF FONTANA, CALIFORNIA date of iuue. Telephone: 823-3411 Date Cornpleted Application is hereby made for permission to perform/the work described below, It is expressly agreed that the work will be performed in accordance with applicable laws, regulations and specifications of the City of. Fontana.. This permit must be at the jobsiteduring construction. - $ -11°7 eithvs-7-. 1,3 CONTRACTOR LICENSE N0. _ APPLI CA �scif� � ���/ �r -+ - T ig P19 ?2563. STREET /20,0 -17QQ0W ik. /V/w (or 4, /401zoW avf'/ Lo us/ LOCATION OF WORK Quantity Description of Work . , LS. Rate + Unit - Amount Ln. Ft. Curb or Curb & Gutter + i =3 .---------- Sq. Ft. Sidewalk +. 100 Sq. Ft. Bituminous Paving 4 rN Each Driveway Approach J. l'- •_ Each Cross Gutter &/or Spandel nRR 3 O , = Ln. Ft. Drainage Pipe or Box Culver" FUN A`?91 T VA = J' Drainage Structure (: 1 = , - Ln. Ft. Sewer • Fontan-_•; = ----"' " Each Manhole &/or Cleanouts = / rock sow (�yyj110C44 � 1%//i)• /,f� n c /i JS • , = �n . Permission is hereby granted to the applicant to perform the work described above. PUBLIC WORKS DEPARTM NT a.. �i%ij7n A. • --1. A Q ei (M ;mum Fes SLOW Inspection Charge ' Permit Application Fee ...N 00 Total Permit Fee Received $ " c" 2.= ..r • .w..• AA work must be ins ecteil? Notify Public Works Inspector 24 hours in advance. = White -Applicant, Yellow -Treasurer, Pink -Office, Manila -Inspector City of Fontana California JAN 15 1992 CITY 0:- FONTANA PUBLIC WORKS DEPARTMENT Memorandum TO: DAVID MARTINEZ BUILDING/PLANNING DIVISION MANAGER A I\ FROM: KEN JESKE PUBLIC WORKS)I I v04/r-irNAIGER SUBJECT: SEWER SERVICE OUTSIDE CITY LIMITS - IRREVOCABLE AGREEMENT TO ANNEX DATE: JANUARY 13, 1992 Engineering Division staff has been requested by a property owner (Mr. Kirtides) to provide sewer service at 18080 Arrow Highway (County Unincorporated area within the City sphere. This property owner has filed a request for an irrevocable agreement to annex according to the Planning Division. (Brad Weekly) Engineering Staff requested Public Works input, our advise was to not process this sewer connection application until the property owner receives an irrevocable agreement to annex and meets all City requirements. Attached is a prior memo to John O'Sullivan regarding on this matter and a copy of an unprocessed application for irrevocable agreement to annex which we received from the Planning Division, I do not know why it was not processed. It is believed the property owner is under the false assumption that they have an agreement for sewer service. This matter needs Planning attention. I believe Mrs. Kirtides is scheduling to see the City Manager next. The issue is whether Planning requirements are met. KJ/JCA:eyo cc: Greg Hulsizer Bob Weddle Richard Cota (sewer\18080arrow.mem) PUYUC WORKS EIMINCEINOUS ASP MEMORANDUM TO: JOHN O'SULLIVAN City Manackr FROM: KEN JESK EnvironmeProtection Manager Public Works Department CITY OF FONTANA CALIFORNIA PHONE:350-6631 DATE: December 26, 1990 SUBJECT: INQUIRY RE: RESTAURANT PROPOSED AT LOCUST & ARROW OWNER: KIRTIDES (COUNTY AREA) The Public Works Department has reviewed this request for sewer service to a proposed building (restaurant) located in the unincorporated area. Although our sewer system has deficiencies and capacity shortfall in that area, our engineering staff has determined that capacity can be available for this one application. However according to Planning,, this project, which is located in the County, does not meet City planning and development standards, and is inconsistent with the Fontana General Plan. According to Council Resolution 82-117 (attached), in order to grant a sewer permit this project must be consistent with City development standards, be subject to the City review process, and agree to annex. Mr. Kirtides has objected to these requirements. As of this date, no application with LAFCO has been filed. At this point, the remaining issues appear to be Community Development/Planning related. Charles LaClaire has been briefed, and Mr. Kirtides has been encouraged to contact him. I anticipate this issue may arise more frequently, since the. Regional Water Quality Board on Dec.7, 1990 increased restriction on use of septic tanks. Fontana supported that action. An overall strategy for service delivery and annexation is recommended. A sewer masterplan update is being prepared (draft due in two weeks) and it will include the entire sphere of influence. As an extra work item on this project, we can have a development fee schedule update prepared. copy: Greg Hulsizer F=._. Annivory Calvert Ray Wellington Russ Carlsen Charles LaClaire (kj\kirtides.swr) CIO 5i Recording Requested by and Upon Recordation Return to: The City of Fontana P.O. Box 518 Fontana, California 92335 Attention: Planning Department IRREVOCABLE AGREEMENT TO ANNEX TO THE CITY OF FONTANA THIS AGREEMENT is made this between hereinafter referred to as "owners", and the CITY OF FONTANA, hereinafter referred to as "City". WHEREAS, Owners are the owners of the real property consisting of approximately gross acres located and is further described as follows: Being further described as Assessor's Parcel Number Areas and distances computed to street centers. WHEREAS, Owners are developing said real property as under the County of San Bernardino development standards and regulations, but require tha use of the City of Fontana sewer system and the right to connect to the existing sewer main which is contiguous to said property; and WHEREAS, Owners are desirous of annexing to the City of Fontana, WHEREAS, the City of Fontana is willing to consent to the connection of said property to the sewer main only on the condition that the property be annexed to the City of Fontana at the earliest possible time; and IHERAS, the City of Fontana is proceeding with the annexation of Owners' property plus other property but said annexation will cause delay, which delay would create a substantial hardship for Owners of said property. NOW, THEREFORE, the Party does agree as follows: IRREVOCABLE AGREEMENT TO ANNEX TO THE CITY OF FONTANA Page 2 - 1. Owners do hereby give their irrevocable consent to annex to the City of Fontana at such time as the annexation may be propert a appropriate legal proceedings, and Owners do further ree toroved through reasonable cooperation and assistanceto the City gin the prannexatill on proceedings. Said cooperation is contemplated to include signing any applications or consent prepared by the City and submitting any evidence reasonably within the control of Owners to the various hearings required for the annexation. Said cooperation does not include, however, any obligation on behalf of Owners to institute any litigation or judicial proceedings whatsoever to force the annexation to the City of Fontana. 2. The City of Fontana does hereby agree to authorize the connection of said property proposed to be developed on Owners property to the sewer main located in and contiguous with Owner's o.connection to the sewer main shall be permitted by City at such timeyas theddevelopment has progressed to the point that sewer connection to the main would normally occur, and said connection shall be permitted prior to the annexation to the City of the development has reached that stage of development that it is necessary prior to the completion of the annexation procedures. 3. Owners agree to pay such annexation fees and costs and other municipal charges as would ordinarily be charged on the annexation of property to the City. Said fees shall be payable when the same becomes due and payable. 4. Owners shall pay all fees and charges and make all deposits required by City to connect to and use the sewer and owners agree to be bound by all City ordinances, rules and regulations respecting the sewer system. 5. This Agreement shall be recorded. 6. Owners shall install all improvements upon said property to the City's standards as outlined in statement of Countof San Bernardino Board of Supervisors 4-12-76. In theolcase neicoft or more he of these requirements are waived by said County, all omitted improvements shall be completed within two (2) years and thirty (30) days of the completion of Annexation. 7. A11 fees such as, but not limited to, Parks & Recreation fees and storm drain fees, shall be paid within two (2) years and thirty (30) days of the date of annexation. 8. The owners shall develop such property to City Codes. 9. Owner executes the Agreement on behalf of themselves, their heirs, successors and assigns, and said Agreement shall be irrevocable without the prior written consent of both parties hereto. IRREVOCABLE AGREEMENT TO ANNEX TO THE CITY OF FONTANA Page 3 EXECUTED this OWNERS: CITY: The Mayor and City Clerk of the City of Fontana have been authorized to execute this Agreement on behalf of the City of Fontana. STATE OF CALIFORNIA COUNTY OF Riverside OFFICIAL SEAL LIANE R. RENNER NOTARY PUBLIC • CALIFORNIA PRINCIP,%LOFFICE IN RIVERSIDE COUNTY My Commission Exp, May 20, 1004 II NII.4HNl N I ONNN N•• •NII•N I4M MAYOR OF THE CITY OF FONTANA CITY CLERIC OF THE CITY OF FONTANA On this 10 th day of January, in the year 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared Steve Kirtides , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name subscrT5 d to the within instrument, and acknowledged to me that . he executed it. WITNESS my hand and official seal. c � ?� Notary i c n and foState IISOLUTION NO. 92-1l7 A RLSOLQTION Or 732 CITT COUNCIL Or 782 CITT OF PONTAAA, CALLIOsatA, OCLZGATINC AUTAOEITT TO ISS'I "OUT Or CITT" swim CONNECTION PERMITS. mum. :he present Fontana City Code contains the following oaragraon: "The ;ranting of :emission for the connection :o or use of the sever s•,stem Sy properties or users located outside the corporate limits of the :ity, in any event, shall be optional with and in the discretion of the council and WU11Al, permission for sewer :onneetions is requested by property outside.the corporate limits of the city several times per year; and wEE S, it has been the policy of the City Council :hat 'whenever such requests for sewer service are approved, that the property owner sign an agreement obligating the connecting property to being annexed •by the :icy at some fu:.re :ace; and WHIMS, the City Council finds that the granting of such permission fir "ouc of city" connections is of a routine nature; NOV, TM:MU, s, St IT IMMO that the City Council of the City of Fontana does hereby delegate co the Fontana Finance Director authority to issue "out of city" sewer connection permits upon execution of an "agreement to annex" oy :he owner of record of the property being connected to the city sewer system, such agreement to be filed with the County Recorder. !S IT MUM MOLTS, that as an additional condition for the granting of such perait,'that the owner of record of the property agree. in writing that :he development of the property will be done in such a manner that is will be in compliance with all City of Fontana construction standards and shall be subject to the applicable City of Fontana review process as it the property were located within the city limits of the City of Fontana. MIMEO ASO ADOPTED this 21st day of September, 1982. Q yor of the City of Fontana Cyy JI1'ff!lJf�7A� City irk I, Patricia M. Murray, City Clerk of the City of Fontana, California. do hereby certify that the foregoing resolution via duly and regularly adopted by the City Council of the City of Fontana at a regular meeting thereof, held on the 21st day of Sepcesaber, 1982, by the following vote to -wit: AYES: Mayor Simon, Councilean Day, Frown, Koehler, Kragness VOES: None AISENt:None i rk o the Ctty o Font CITY OF FONTANA APPLICATION FOR SEWER CONNECTION PERMIT (Sec. 26-26) 1. Address oP Property to be Connected: •4L'j ; 2. Property Owner: -`_ /< 2f'idds Property Owner's Address:-Z3:57“ State: Phone Number: yi V_ Cc 9y-/9O j 3. Project Description: 2f-2- {c / ,2,v4i . TY, ,tir'-iv/• • L°e.c. Zip: %%�• J 4. APN: 5)— cl — 0 f"" l JiLvl /!tewt/a.lclv�O ��O(.)yl,. 5. City Requirements a) There will be a connection charge for sewer hook-up. b) There will be a sewer.lateral charge if it was installed by the City. c) There will be a monthly billing after connection. APPLICANT'S AFFIDAVIT I/we have familiarized myself/ourselves with the requirements of the City with respect to preparing and filing this application and that the foregoing statements and answers herein contained are in all respects true and correct to the best of my/our knowledge and belief. (Sec. 26-38) �-- SIGNATURE OF PERMITTEEs JCQ�cQ/ /e.,e,r2e. f(,« DATE: /-/— TYPE/PRINT NAME: =` �� 5 i /< FOR OFFICE USE ONLY: Sewer Fees for: -- 1. Service Lateral Existing..��n, lam. �- To be insTalla in 2. Sewer Connection Permit Fee ($25 per permit) 3. Sewer Connection Charge $600 x I4.,-Service Unit (Residential. 1 S U) 4. Sewer deposit, 4 x ,.,Service Unit x $.• /mo. Cost $ $ $ $ Sewer service unit assignment formula for commercial and industrial. See City Code Section 26-43 for criteria. TOTAL SEWER CHARGES $ 1'), SEWER EXPANSION FEE $ Z , REMARKS: Tr 6. • j•, I�. 2.4 <<, r t. , % �.,) r ih 7." PUBLIC WORKS DEPARTMENT: L N" 4- NOTES: 1. Allow 72 hours for review and research. DATE: 1, p— If out -of -city, connection =rmit is required. Follow requirements of Resolution No. 82- 17. ;., /:/r'/t•e. a. /V; r' TO: ENGINEERING P.C.: SUBMITAL s: FROM: BUILDING & SAFETY DIVISZON DATE: 1 , 1990 SUBJECT:- FIXTURE COUNT ....................... ***** (rev. 4-23-90) * TOTAL FIXTURE COUNT:___IL. ..**.******................................................ ***** PIrTURE FIXTURE OMIT TOTAL WATER CIZSIETLI 6 1-3 I 1 7.D. ( 4 V 2 2 g zwir t coon t 3 SEliffrat SIXEL (11 3 mon SINK (IA 1 WASK PQM, I I_ 3 DILMILJESSEIL.J. 1 6 2 POP CURB 1_11 3 DISK rasa ( I 3 SHOWN! (1 2 BIDNEP 11 2 11011wriTh 2 CREAKS nee- 1 I I 3 1