HomeMy WebLinkAboutReso 94-010 - Approve entering into an agreement between the COR & Jeff & Marsha Mora and the Westlake Group pertaining to annexation 90-5, Twin Tower Dr i
RESOLUTION NO. 94- l®
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING ENTERING INTO AN AGREEMENT BETWEEN THE CITY
OF REDDING AND JEFF AND MARSHA MORA AND THE WESTLAKE
GROUP PERTAINING TO ANNEXATION 90-5, TWIN TOWER DRIVE;
AND AUTHORIZING THE CITY MANAGER TO SIGN.
IT IS HEREBY RESOLVED that the City Council of the City of
Redding hereby approves entering into the Agreement pertaining to
Annexation 90-5 between the City of Redding and Jeff and Marsha
Mora and The Westlake Group, a true copy of which is attached
hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that the City Manager of the City of
Redding is hereby authorized and directed to sign said Agreement
on behalf of the City of Redding; and the City Clerk is hereby
authorized and directed to attest the signature of the City
Manager and to impress the official seal of the City of Redding
thereto.
I HEREBY CERTIFY that the foregoing Resolution was
introduced and read at a regular meeting of the City Council of
the City of Redding on the 18th day of January, 1994, and was
duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Dahl, Pbss and Anderson
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Kehoe and Arness
ABSTAIN: COUNCIL MEMBERS: None
ROBERT C. ANDERSON, Vice Mayor
City of Redding
ATTEST: FORM PPROVED:
CONNIE STROHMAYER i y Clerk ALL A. HAS City Attorney
AGREEMENT
THIS AGREEMENT is made and entered into by and between JEFF and
MARSHA MORA and THE WESTLAKE GROUP, hereinafter referred to as "Applicants,"
and the CITY OF REDDING, a Municipal Corporation, hereinafter referred to as "City";
WITNESETH:
WHEREAS, Applicants wish to annex to the City of Redding the real property
more particularly described in the legal description set forth in Exhibit "A" and depicted
in Exhibit "B," attached hereto and incorporated herein by reference; and
WHEREAS, the City Council requires all new annexations to form aMello-Roos
district to pay for certain City services; and
WHEREAS, the City Council has determined that, in addition to all fees levied by
the Shasta Local Agency Formation Commission (LAFCO) and the State Board of
Equalization, all staff costs associated with processing annexations and forming Mello-
Roos districts must be paid by the applicant; and
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WHEREAS, absent any real statistics, the City's estimate of staff costs ranges
between $3,000 and $8,000, depending on the complexity of the annexation and the
Mello-Roos district; and
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WHEREAS, in order for the City to recover payment of staff costs associated
with its processing Applicants annexation/ Mello-Roos district applications, IT IS
MUTUALLY STIPULATED AND AGREED by and between the parties as follows:
1 . It is understood by Applicants that their request for annexation and the
formation of a Mello-Roos district are separate actions, but will be processed
concurrently.
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2. City agrees to process Applicants annexation/Mello-Roos district applications
with its best efforts once the applications are complete and the fees paid.
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3. Applicants further understand that there is no guarantee that the Local Agency
Formation Commission (LAFCO) will approve the annexation request; and in the
event the annexation request is denied, or a withdrawal request is submitted to
LAFCO, the City has no control over what portion, if any, of the fees paid to
LAFCO will be refunded by LAFCO.
r 4. It is understood by Applicants that should LAFCO modify the boundary of the
annexation/Mello-Roos district to include property outside the original boundary,
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Agreement by and between Jeff and Marsha Mora,
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The Westlake Group, and The City of Redding Page 2
the City has the discretion to refuse to enter into a new tax exchange
agreement with Shasta County, thereby resulting in the termination of
annexation proceedings.
5. "Staff costs" will be incurred by, but not limited to employees of the following
Departments, as well as special counsel: Planning, City Attorney, City Clerk,
Public Works, Electric, and Finance.
6. Applicants shall pay to the City, the following estimated fees as of January 18,
1994:
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(a) LAFCO fees in the amount of $2,500; and
i (b) State Board of Equalization fees in the amount of $600; and
(c) City's estimated fee for staff costs in the amount of $3,000.
Applicants are to note that the State or LAFCO may raise their application fees
prior to the completion of annexation proceedings. If this occurs, Applicants
shall pay the additional amount. Any portion of the above fees not utilized by
City shall be refunded to Applicants upon completion of the annexation and
formation of the Mello-Roos district or termination of annexation proceedings.
Conversely, if the above fees are insufficient to reimburse City for its staff costs
or for the fees payable to LAFCO, the City will invoice Applicants for the
balance owing, which Applicants agree to pay within thirty (30) days following
the date of mailing said invoice to Applicants.
7. Applicants covenant and agree that:
(a) They are executing this Agreement for themselves, their heirs,
successors-in-interest in and to said land, and assigns.
(b) Applicants include any person, firm, association, organization,
partnership, business trust, or corporation having a fee interest in and to
the real property described herein.
(c) This Agreement shall be acknowledged and recorded in the office of the
County Recorder of Shasta County, it being the intent of the parties
hereto that this obligation shall be a burden running with the land.
Agreement by and between Jeff and Marsha Mora,
The Westlake Group, and The City of Redding Page
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IN WITNESS WHEREOF, the parties hereto have hereunto executed thi;
Agreement on the days and year set forth below.
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APPLICANTS:
Dated: 1994 By:
WILLIAM H. C. CHANG, President
The Westlake Group
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Dated: 1994 By:
JEFF MORA
Dated: 1994 By:
MARSHA MORA
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CITY OF REDDING
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Dated: 1994 By:
ROBERT M. CHRISTOFFERSON
City Manager
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EXHIBIT "A"
ANNEXATION 90-5
Beginning at the southwest corner of Section 16, Township 32 North, Range 4
West. Thence North 1 °24'01 " West along the west section line 2,643.44 feet to
the west 1/4 corner of Section 16, Township 32 North, Range 4 West; thence
North 89°48'58" East 1 ,337.15 feet; thence South 1 °13'44" East 1,444.41 feet;
thence South 48000'17" East 108.33 feet; thence South 74°31'46" East 405.27
feet; thence North 83014'36" East 372.42 feet; thence North 14025'27" East
90.1 feet; thence North 73001'13" East 586.19 feet; thence South 20029'09"
East 1,418.9 feet to a point on the south line of said Section 16; thence along said
section line North 89056'45" West 3,224.00 feet, more or less, to the point of
beginning.
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ANNEXATION BOUNDARY
®-- CITY OF REDDING BOUNDARY `\
9500 INCLUSIVE ADDRESSES �-
�I RESOLUTION NUWER_-----
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OFFICIAL DA TE:--
AREA: 124.98 ACRES
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EXHIBIT B
BOUNDARY MAP CITY OF REDDING
ANNEXATION 90-5
UNINHABITED