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Contracts & Agreements_67-2024
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24-02 Zinke 31565 Highland Avenue Redlands
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67-2024
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Contracts & Agreements_67-2024
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6/5/2024 12:26:07 PM
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Contracts & Agreements
Subject
Annexation and Utility Agreement
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24-02 Zinke 31565 Highland Avenue Redlands
Date
4/16/2024
Document Number
67-2024
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DOC #2024-0128987 Page 2 of 13 <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 />WHEREAS, City's General Plan and Chapter 13.60 of the Redlands Municipal Code <br />establish policies and procedures for the approval of City utility services to properties located <br />within the City's sphere of influence and require, among other things, the owners of the property <br />to be served to enter into an agreement, and record the same in the official records of the county <br />of San Bernardino, requiring the property owners to annex the property to City upon certain <br />conditions; and <br />WHEREAS, City has prepared a General Plan for the unincorporated area in which the <br />Property is located to provide for the orderly planning of such area, and has determined that the <br />proposed development of the Property is consistent with the goals and policies of City's General <br />Plan; and <br />WHEREAS, it is the policy and goal of City to discourage and not facilitate development <br />in City's sphere of influence which is unwilling and/or fails to comply with City's General Plan <br />and City's development standards by refusing to extend utility services in such instances; and <br />WHEREAS, pursuant to the requirements of Chapter 13.60 of the Redlands Municipal <br />Code and in consideration for City's agreement to extend utility services outside its jurisdictional <br />boundaries to the Property, the Property Owners have entered into this Agreement to provide <br />assurances to City that connection to City's domestic water system will occur in accordance with <br />the Redlands General Plan and the development standards of the Redlands Municipal Code, and <br />that the Property shall be annexed to City in accordance with this Agreement's terms, provisions <br />and conditions; <br />NOW, THEREFORE, in consideration of the mutual covenants contained herein and other <br />good and valuable consideration, the receipt of which is hereby acknowledged, the City of <br />Redlands and the Property Owners agree as follows: <br />AGREEMENT <br />1. Recitals. The foregoing recitals are true and correct. <br />2. Provision of Utility Services. City agrees to provide domestic water service only <br />for residential indoor use and incidental residential landscaping to the Property. Use of domestic <br />water service for agricultural or farming irrigation activities is prohibited. The provision of <br />domestic water service shall be consistent with the terms and conditions of this Agreement, <br />provided that the connection complies with all rules and regulations of City governing the <br />extension and provision of utility services to properties located outside City's boundaries at the <br />time a request by the Property Owners for application for a water connection is approved by City's <br />Municipal Utilities and Engineering Department. Nothing herein represents a commitment by City <br />2 <br />I:\cmo\Agreements\31565 Highland Ave. Agreement for Annexation and Provision for City Utility Services FY23-0066.docx-ms <br />
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