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HomeMy WebLinkAboutReso 93-415 - Approve & Authorize the mayor to execute an agreement and an agreement/declaration of restrictions between COR & Country National Bank on each of 3385 & 3401 Pioneer Ln, Pertaining to sewer improvements r r • i RESOLUTION NO. 93- -//5 :I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT AND AN AGREEMENTT/DECLARATION OF RESTRICTIONS BETWEEN THE CITY OF REDDING AND COUNTRY NATIONAL BANK ON EACH OF 3385 AND 3401 PIONEER LANE, REDDING, PERTAINING TO SEWER IMPROVEMENTS. IT IS HEREBY RESOLVED that the City Council of the City of Redding hereby approves entering into an Agreement and an Agree- ment/Declaration of Restrictions between the City and Country National Bank on each of 3385 and 3401 Pioneer Lane, Redding, true copies of which are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the Mayor of the City of Redding is hereby authorized and directed to sign said documentation on behalf of the City of Redding; and the City Clerk is hereby authorized and directed to attest the signature of the Mayor 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 7th day of December, 1993 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Anderson, Kehoe, Moss and Arness NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Dahl ABSTAIN: COUNCIL MEMBERS: None CARL ARNESS, Mayor City of Redding i A ST: FORM APPROVED: CONNIE STROHMAYER, Ciih Cierk RANDALL A. HAY9' City Attorney Requested recording by: CITY OF REDDING Please return to: City Clerk City of Redding P. O. Box 496071 Redding, CA 96049-6071 Documentary Transfer Tax: None City of Redding EXEMPT Rev. & Tax. C.A. § 11922 NO FEE - CITY BUSINESS Gov. Code § 6103 j 'i il AGREEMENT 'I Agreement entered into this day of 1993 , by and between the City of Redding, hereinafter referred to as "City, " and Country National Bank, hereinafter referred to has "CNB" , with respect to the following: WHEREAS, CNB is the owner of real property and improvements located at 3385 Pioneer Lane, Redding, California, APN 48-440-24, and legally described in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, a problem exists with respect to the ability of the i existing parcels to support a septic system; and WHEREAS, the property is not presently served by City sewer. ,I a NOW, THEREFORE, CNB, for itself , its successors, heirs and ,I assigns, agrees that in any sales transaction pursuant to which CNB sells the property to any third party purchaser the terms and conditions of the Agreement and Declaration of Restrictions entered into by and between the City and CNB shall be an express condition of the sale of the property. J i I CNB shall disclose in writing and secure the contractual j� obligation of any successor in interest to the express terms of the I Agreement and Declaration of Restrictions entered into by and between the City and CNB. CNB shall further secure the express .j 'i consent of any purchaser of the property to immediately honor the Agreement and Declaration of Restrictions with respect to the obligation to abandon the sewer easement, pay the then prevailing sewer connection fee to the City, if not previously paid, and at the property owner' s sole expense, connect to public sewer as soon as said sewer service is available to the property; and shall require that upon the subsequent sale of the property that this agreement, together with the terms and conditions set forth herein be disclosed to any potential purchaser and that any purchaser expressly and contractually agree to the terms and conditions j hereof. CNB irrevocably assigns, transfers and conveys any and every right which it may have to enforce the terms of this agreement as against any subsequent purchaser of the property to the City. In the event CNB fails to disclose the terms and conditions as 'I required under the terms of this agreement, City shall be entitled to bring an action against CNB for any damages resulting thereby i and shall be entitled to recover its costs, including a sum for reasonable attorney' s fees in enforcing the terms of this 'i agreement. The City shall have any and all other legal rights and/or remedies guaranteed or available to the City under law and equity. i 2 II II It is expressly agreed that the terms of this agreement are I contractual in nature, not mere recitals, and that the I consideration received by each party is adequate to support the I� contractual nature of this agreement. 1 .i Dated: CITY OF REDDING BY: CARL ARNESS, Mayor i I� Dated: COUNTRY NATIONAL BANK By: ATTEST: FORM APPROVED: ,I CONNIE STROHMAYER, City Clerk RANDALL A. HAYS, City Attorney !i ij h 3 i i I i I I EXHIBIT "A" The land referred to in this Report is situated in the County of 'I i Shasta, City of Redding, State of California, and is described as follows: Parcel 2, as shown on Parcel Map No. LS-55-88 for Lawrence D. and Theresa Singer. Being a division of a Deeded Lot in a portion of Lot 40 of Bonnyview Tract as shown in Book of Old Plat at Page 27 , in Section 22 of P.B. Reading Grant in the City of Redding, Shasta County, California which said map was filed for record on November 2, 1989 in the office of the Recorder of the County of 'I Shasta, in Book 27 of Parcel Maps at Page 92 . I it I� I 3385 PIONEER LANE APN 48-440-24 �I I II Requested recording by: CITY OF REDDING j Please return. to: City Clerk City of Redding P. O. Box 496071 Redding, CA 96049-6071 Documentary Transfer Tax: None 'I City of Redding EXEMPT Rev. & Tax. C.A. S 11922 NO FEE - CITY BUSINESS Gov. Code S 6103 4 AGREEMENT AND DECLARATION OF RESTRICTIONS I it This Agreement and Declaration of Restrictions is made this day of 1993 , by and between Country National Bank, hereinafter referred to as "CNB" , and the City of Redding, hereinafter referred to as "City. " WHEREAS, CNB is the owner of real property and improvements located at 3385 Pioneer Lane, Redding, California, APN 48-440-24, and legally described in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, CNB intends to sell the above-described property restricting its future use as described below; and WHEREAS, the City agrees to permit the property to be serviced .I by a private pump and sewer line provided, however, that when public sewer service is available in the adjacent roadway, the property owner will connect that sewer; NOW, THEREFORE, CNB agrees that it and its heirs, successors, grantees and assigns of said real property shall hold, transfer, I encumber, use, sell, convey, lease, and occupy subject to the following covenant and restriction: ',i I When public sewers are available in Pioneer Lane to service the subject property, the owner of the subject property will abandon its private sewer easement, pay the then prevailing sewer connection fee to the City of Redding and, at property owner' s sole expense, connect to the public sewer. It is further agreed that this covenant shall run with the land and shall be recorded with reference to the property described li in the attachment. It is further agreed that the covenant is intended to and shall be enforced by the City. IN WITNESS WHEREOF, the parties executed this Agreement and !I Declaration of Restrictions the day and year first above written. I Dated: CITY OF REDDING By: CARL ARNESS, Mayor Dated: COUNTRY NATIONAL BANK By: ATTEST: FORM APPROVED: CONNIE STROHMAYER, City Clerk RANDALL A. HAYS, City Attorney i it 2 ,i EXHIBIT ^A^ The land referred to in this Report is situated in the County of ii Shasta, City of Redding, State of California, and is described as follows: Parcel 2, as shown on Parcel Map No. LS-55-88 for Lawrence D. and Theresa Singer. Being a division of a Deeded Lot in a portion of ii Lot 40 of Bonnyview Tract as shown in Book of Old Plat at Page 27 , in Section 22 of P.B. Reading Grant in the City of Redding, Shasta County, California which said map was filed for record on November 2, 1989 in the office of the Recorder of the County of Shasta, in Book 27 of Parcel Maps at Page 92 . 4i II y I) ,I 3385 PIONEER LANE !i APN 48-440-24 I i I I - - Requested recording by: CITY OF REDDING Please return to: City Clerk City of Redding P. O. Box 496071 Redding, CA 96049-6071 Documentary Transfer Tax: None City of Redding EXEMPT Rev. & Tax. C.A. § 11922 NO FEE - CITY BUSINESS Gov. Code § 6103 I AGREEMENT Agreement entered into this day of 1993 , by and between the City of Redding, hereinafter referred to as "City, " and Country National Bank, hereinafter referred to has "CNB" , with respect to the following: WHEREAS, CNB is the owner of real property and improvements located at 3401 Pioneer Lane, Redding, California, APN 48-440-23 , and legally described in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, a problem exists with respect to the ability of the existing parcels to support a septic system; and WHEREAS, the property is not presently served by City sewer. NOW, THEREFORE, CNB, for itself, its successors, heirs and i assigns, agrees that in any sales transaction pursuant to which CNB i sells the property to any third party purchaser the terms and conditions of the Agreement and Declaration of Restrictions entered into by and between the City and CNB shall be an express condition i of the sale of the property. CNB shall disclose in writing and secure the contractual obligation of any successor in interest to the express terms of the Agreement and Declaration of Restrictions entered into by and between the City and CNB. CNB shall further secure the express consent of any purchaser of the property to immediately honor the Agreement and Declaration of Restrictions with respect to the obligation to abandon the sewer easement, pay the then prevailing sewer connection fee to the City, if not previously paid, and at the property owner' s sole expense, connect to public sewer as soon as said sewer service is available to the property; and shall I require that upon the subsequent sale of the property that this agreement, together with the terms and conditions set forth herein I� be disclosed to any potential purchaser and that any purchaser expressly and contractually agree to the terms and conditions i 'i hereof. CNB irrevocably assigns, transfers and conveys any and every right which it may have to enforce the terms of this agreement as against any subsequent purchaser of the property to the City. In i the event CNB fails to disclose the terms and conditions as it 'I required under the terms of this agreement, City shall be entitled to bring an action against CNB for any damages resulting thereby II and shall be entitled to recover its costs, including a sum for reasonable attorney' s fees in enforcing the terms of this agreement. The City shall have any and all other legal rights and/or remedies guaranteed or available to the City under law and equity. Ii - 2 - I It is expressly agreed that the terms of this agreement are contractual in nature, not mere recitals, and that the consideration received by each party is adequate to support the contractual nature of this agreement. '.I Dated: CITY OF REDDING By: CARL ARNESS, Mayor Dated: COUNTRY NATIONAL BANK I By: ATTEST: FORM APPROVED: CONNIE STROHMAYER, City Clerk RANDALL A. HAYS, City Attorney II d I Ali it - 3 - 1, i . j EXHIBIT "A" The land referred to in this Report is situated in the County of Shasta, City of Redding, State of California, and is described as follows: Parcel 1, as shown on Parcel Map No. LS-55-88 for Lawrence D. and Theresa Singer. Being a division of a Deeded Lot in a portion of Lot 40 of Bonnyview Tract as shown in Book of Old Plats at Page 27 , in Section 22 of P.B. Reading Grant in the City of Redding, Shasta County California, which said map was filed for record on November 2, 1989 in the office of the Recorder of the County of Shasta,. in Book 27 of Parcel Maps at Page 92. �I I i �I i 3401 PIONEER LANE APN 48-440-23 Requested recording by: CITY OF REDDING Please return to: City Clerk Cit Y of Redding P. O. Box 496071 Redding, CA 96049-6071 Documentary Transfer Tax: None City of Redding EXEMPT Rev. & Tax. C.A. § 11922 NO FEE - CITY BUSINESS Gov. Code § 6103 I I i AGREEMENT AND DECLARATION OF RESTRICTIONS This Agreement and Declaration of Restrictions is made this day of 1993 , by and between Country National Bank, hereinafter referred to as "CNB" , and the City of li Redding, hereinafter referred to as "City. " WHEREAS, CNB is the owner of real property and improvements located at 3401 Pioneer Lane, Redding, California, APN 48-440-23 , and legally described in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, CNB intends to sell the above-described property restricting its future use as described below; and WHEREAS, the City agrees to permit the property to be serviced by a private pump and sewer line provided, however, that when public sewer service is available in the adjacent roadway, the d property owner will connect that sewer; NOW, THEREFORE, CNB agrees that it and its heirs, successors, grantees and assigns of said real property shall hold, transfer, encumber, use, sell, convey, lease, and occupy subject to the 'i following covenant and restriction: i i When public sewers are available in Pioneer Lane to service the subject property, the owner of the subject property will abandon its private sewer easement, pay the then prevailing sewer connection fee to the City of Redding and, at property owner' s sole expense, connect to the public sewer. I It is further agreed that this covenant shall run with the land and shall be recorded with reference to the property described in the attachment. It is further agreed that the covenant is intended to and i shall be enforced by the City. IN WITNESS WHEREOF, the parties executed this Agreement and I Declaration of Restrictions the day and year first above written. II Dated: CITY OF REDDING By: CARL ARNESS, Mayor I II Dated: COUNTRY NATIONAL BANK !i By: ii q ATTEST: FORM APPROVED: �I 'i CONNIE STROHMAYER, City Clerk RANDALL A. HAYS, City Attorney it ;i I 2 I I EXHIBIT "A" The land referred to in this Report is situated in the County of Shasta, City of Redding, State of California, and is described as follows: Parcel 1, as shown on Parcel Map No. LS-55-88 for Lawrence D. and Theresa Singer. Being a division of a Deeded Lot in a portion of , Lot 40 of Bonnyview Tract as shown in Book of Old Plats at Page 27 , in Section 22 of P.B. Reading Grant in the City of Redding, Shasta County California, which said map was filed for record on November 2, 1989 in the office of the Recorder of the County of Shasta, in Book 27 of Parcel Maps at Page 92. i I i 'I I I 'I 'I 'i 3401 PIONEER LANE i I APN 48-440-23 ,I