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Electronically <br />Recorded in Official Records <br />County of San Bernardino <br />Bob Dutton <br />Assessor -Recorder -County Clerk <br />Recording requested by <br />DOC# 2020-0170595 <br />and when recorded mail to: <br />05/2112020 Titles:1 Pages:8 <br />02:58 PM <br />City Clerk <br />SAN Fees $0.00 <br />City of Redlands <br />Taxes 0.00 <br />P. 0. Box 3005 <br />11113 CA SB2 Fee 0.00 <br />Total $0.00 <br />Redlands, CA 92373 <br />FEES NOT REQUIRED <br />PER GOVERNMENT CODE <br />SECTION 6103 AGREEMENT FOR ANNEXATION AND PROVISION <br />FOR CITY UTILITY SERVICES <br />This Agreement for Annexation and Provision of City Utility Services ("Agreement") is <br />:made and entered into this 15th day of April; 2020 by and between the City of Redlands, a municipal <br />corporation organized and existing under the laws of the State of California ("City") and John M. <br />Brudin, an individual ("Property Owner"). City and Property Owner are sometimes individually <br />referred to herein as a "Party" and; together. as the "Parties." <br />RECITALS <br />WHEREAS, to provide for orderly planning, City (1) has the authority pursuant to <br />Government Code sections 65300 and 65301 to include within its General Plan property outside its <br />boundaries which is in City's sphere of influence or, which in City's judgment, bears a relation to <br />its strategic planning, and (2) also has the authority pursuant to Government Code section 65859 to <br />pre -zone property within its sphere of influence for the purpose of determining the zoning <br />designation that will apply to such property in the event of a subsequent annexation of the property <br />to City; and <br />WHEREAS, California case law, including but not limited to, Dateline Builders, Inc. v. City <br />ofSanta Rosa (1983) 146 Cal. App. 3d, 520 and Count) of Del Norte v. City of Crescent City (1999) <br />which state in relevant pail that it is not against the law or public policy for a city or county to use <br />utilities as a tool to manage growth, provides that a city has no obligation, and may use its sole <br />discretion, to extend utility services outside its corporate boundaries; and <br />WHEREAS, Property Owner owns a vacant parcel of land generally located at 30765 <br />Eastbern Lane and identified as county of San Bernardino Assessor's Parcel Number 0299-361-03- <br />0000 ("Property") in the unincorporated area of the county of San Bernardino within the City's <br />sphere of influence, has made a request and application to City to receive water service for property <br />located in the unincorporated area of the county of San Bernardino, and has provided evidence <br />satisfactory to City that Property Owner is the ,fee owner of the Property; and <br />WHEREAS, Government Code section 56133 authorizes the City to provide new or <br />extended utility services by contract outside its jurisdictional boundaries if it first receives written <br />approval from the Local Agency Formation Commission for San Bernardino County ("LAFCO"), <br />and provides that LAFCO may authorize City to provide such services within City's sphere of <br />influence in anticipation of a later change of organization; and <br />1 <br />L:\caldjmlAereements\Pre-Annexation Agreement No, 19-03 - Mall Brudin 4. t5?o.docxjn <br />