HomeMy WebLinkAboutReso 92-387 - Approve & Authorize the mayor to execute an agreement between the COR & Brian Burk Granting a Road Easement across city-owned land at 6700 Airport Rd in exchange for certain public street & Utility Improvements RESOLUTION NO. 92-38' 7
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF REDDING AND BRIAN BURK GRANTING A ROAD
EASEMENT ACROSS CITY-OWNED LAND AT 6700 AIRPORT ROAD IN
EXCHANGE FOR CERTAIN PUBLIC STREET AND UTILITY
IMPROVEMENTS.
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IT IS HEREBY RESOLVED by the City Council of the City of Redding that the
City of Redding enter into the above-mentioned Agreement by and between the City
of Redding and Brian Burk, a true copy of which is attached hereto and
incorporated herein by reference, PROVIDED that this Agreement supercedes the
Agreement approved by City Council on May 5, 1992, by Resolution No. 92-211.
BE IT FURTHER RESOLVED that the Mayor of the City of Redding is hereby
it authorized and directed to sign said Agreement and all other necessary
i; documentation in connection therewith on behalf of the City of Redding; and that
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{� 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
j regular meeting of the City Council of the City -of Redding on the 15th day of
September , 1992, and was duly adopted at said meeting by the following vote:
u AYES: COUNCIL MEMBERS: Anderson, Dahl, Kehoe and Moss
1I NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Arness
ABSTAIN: COUNCIL MEMBERS: None
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MOSS, Ma or
City of Redding
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A ST: - FORM APPROVED: N
CONNIE STROHMAYER, y Clerk RANDALL A. HAYS, City Attorney °C
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AGREEMENT
'I This Agreement, entered into on the day of 1992, by and between the CITY
OF REDDING, hereinafter called "City" and Brian Burk, hereinafter called "Burk."
WITNESSETH
Brian Burk, as the owner of property located west of Kisling Road and south of Devere Road,
Redding, California, in the County of Shasta, also described as County Assessor's Parcel
No. 54-031-03, hereby makes the following agreements with the City for the purposes of obtaining
water service and a road easement across City-owned land located at 6700 Airport Road,
hereinafter called "Road A."
1. Burk shall be responsible for construction of water-system improvements consisting of
installation of a 12-inch ductile iron water main from the new frontage road on the west side of
Airport Road to the west end of Road "A" stubbed out at Burk's east property line. The water
system shall be located and constructed in accordance with City standards including tees for fire
hydrants and blow-off valves as specified by the City. Upon completion and acceptance of the
waters stem, the Ci will assume responsibility for its maintenance and operation. If domestic
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water service is desired, Burk will be required to apply for a metered water service and pay all
current connection charges and special benefit fees.
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2 Burk agrees that he shall not withdraw support for Annexation No. 90-9 or any
subsequent request to annex said property to the City, nor shall he take any action to discourage
the completion of annexation proceedings contemplated by Annexation 90-9. Until annexation
is approved, water service shall be limited to one meter not to exceed one inch. Hydrant meters
used for construction are exempted from this size restriction.
3. Burk shall be responsible for constructing a road to City of Redding standards from the
Airport Road frontage road to the west property line of the City property in the general location
depicted on Exhibit"A"attached hereto and identified as Road "A." To complete this construction,
Burk shall be responsible for the following:
a. Improvement plans designed by a licensed civil engineer in accordance with City
standards based on a 44-foot-wide industrial street section.
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b. Installation of three, 4-inch diameter conduits in a utility cross trench in a location
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specified by the Director of Public Works.
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C. Grading and placement of base for a full 44-foot-wide industrial street section in
accordance with City standards; the street is to be located in accordance with the City's Public
Works Department and in accordance with signed improvement plans.
d. Installation of 32 feet of AC paving in the center of the approved Road "A" from
the Airport Road frontage road to the west property line of City property per Exhibit "A."
e. Installation of a temporary gravel cul-de-sac on Burk's property with a minimum all-
weather radius of 40 feet. Upon development of Burk's property, Burk agrees to construct
standard road improvements in place of the temporary cul-de-sac or a permanent cul-de-sac that
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meets City standards.
4. Burk acknowledges the City's plans to construct the frontage road in the Fall of 1992 or
Spring of 1993 and acknowledges that this construction will temporarily affect his access to
1I Road "A" and will preclude direct access from Road "A" to Airport Road. Burk agrees to hold the
City and its officers, agents, and employees harmless from damages due to blocked access to
Road "A" for reasonable periods of construction.
5. Burk agrees to the abandonment of any and all rights for utilization of a road easement
along the east property line of Burk's property known as Kisling Road.
6. All the provisions of Redding Municipal Code, Sec. 14.08.050 A-F, shall be and are
hereby incorporated into this Agreement by this reference as if fully set forth.
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7. Burk agrees to grant an avigation easement to the City on Developer's property prior to
development of the property as per Exhibit T."
8. Burk agrees to apply tract restrictions pursuant to Resolution No. 81-95 that are applicable
i to City and Pacific, Gas, and Electric properties for Burk's property attached hereto as Exhibit T."
City acknowledges that Burk intends to establish a temporary loam sales operation on Burk
property. For a period of five years from the execution of this agreement, that gravel sales
operation shall be permitted regardless of the outdoor-storage restrictions of Paragraph 3.07A of
the tract restrictions.
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EXHIBIT "C"
Ii RESOLUTION X 10. 8I -,4-r
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
ADOPTING 'TRACT RESTRICTIONS FOR REDDING AIRPORT PARK.
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WHEREAS , the Cit_; of Redding is the owner of 110 acres
:,n _he west Side of Air�or� Road, north of Meadow View Drive ,
:mown as Redding Airport Park , and
:;HEREAS , in order to establish a plan for the orderiv
development of said propert.��, City has i:-,xosed upon the property
certain conditions , covenants and restrictions under which the crop-
' erty may be held, improved, and conveyed, ail as set forth in that
certain document entitled ""Tact ''
Restrictions , Redding Airport Park
a copv of which is attached hereto , and
WHEREAS , it is deemed to be in the best interests of the
"Tract Restrictions , Redding Airport
City and its citizens that said
Park" be formally adopted and constitute a public record,
�.,OW, THEREFORE, -E IT RESOLVED that the City Council of
the City of Redding hereby formally adopts "Tract Restrictions ,
Redding Airport Park" , attached hereto, as the conditions , covenants
and restrictions under and subject to which the described property
may be held, improved and conveyed.
BE IT FURTHER RESOLVED that the City Clerk is directed
to record a copy of this Resolution, with the attached "Tract
I Restrictions , Redding Airport Park" , in the office of the Shasta
Countv Recorder.
I HEREBY CERTIFY that the foregoing Resolution was intro-
duced and read at a regular meeting of the City Council of the
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City of Redding on the 18th day of May , 1981, and was duly
adopted at said meeting by the following vote:
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T 'lE ,7emsner, .:ulton, Gard, Kirkpatrick, and Pugh
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NOES : COUNCIL.IEN: None
BSENT• CCL'NCILMEN: 'lone
CHE UGH
".ayo = the City or Redding
T f.ICHTER, �- its,'
c?-M APPROVED:
RANDALL A. HAYS , City ttc_^eV
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TRACT RESTItICTIUNS
REDDING AIRPORT PARI
Article I
The City_ of 7!.e(ddin7 :3 `he owner o 110 acres on the west side of Airoort Road north of
"Meadow Vie. Drive, more psrtic arty described in the description attached hereto as
Exl-%ibit "A" and .pace a pal• hereci. <<a crdc: tc est ablish a plan ioc the improvemen*. .end
development of said crcperty, .`- City desires to subject the property to certain
conditions. covenants and restrictions upon and subject to which all of the property shall
be held, improvea and conveyed.
Article II
General Pro�nsiors
2.01 Establishment of Restrictions
The City of Redding, owner of the Property, hereby declares that the Property is
now held, ani shat hereafter be held, traraferred, sold, leased, conveyed and
occupied su�j�et to the restr.cticns herein set f orth, each and all of which is and are
for, and shall inure to, the benefit of and pass with each and every parcel of the
the heirs, 2ssi;nees and successors in interest of
Property and shall apply to aitd bind
any owner thereof.
2.02 Purpose of RE strictions
The purpose of these restrictions is to insure proper development and use of the
Property, to protect the o r;r,e^ of each oar-
cel against improper development and use
of surrounding, parcels to the depreciation of all parcels, to prevent the erection on
the Property of structures, cef ective desig,n or built of improper materials, to secure
and maintain proper setbacks :rpm streets and adequate air space between st;-uc-
tures, and to pro Ade for a t,me and quality of improvement consistent with the
development plan.
2.03 Definitions
A. Site - "'Site" shall mean all contig pus land udder one ownership.
B. Improvements - "Improvements" shall mean and include buildings, outbuildings,
parking areas, loading, areas, tr:cka-e, f cnces, walls, hedges, mass planting,,
poles, signs, and any ser uctc:es of any type or kind.
C. Declarant - ,Decl,want" s!)all mein the undersigned, its successors and assigns.
D. Property - "Property" shall mean the 11.0 acres described in "Exhibit "A".
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Article III
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R_cmi!` tion of Ilnn;'Oyernellts
3.01 .`.iiminum setback Lines
A. General - 'o structure of any kind, and no part thereof, shall be placed on any
1 site ewer to n property line than herein creviced.
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1. Setbac!: from street hrcperty line Mono- Airport Road. any parallel frontage
road. ': -:(low Vice! Drive ana i'nigilton Road shall be 30 feet. Any other
street f •onta-e shad he 23 feet.
2. Setbac:c from rear property line and from side property line between
parcels ;hail be 15
B. The followir.; structures and i.�nprovements are specifically excluded from these
setback provisions:
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1. Roof overhang, subject to the specific approval of Declarant in writing.
j 2. Uncovei ed steps and .,calks, not wider than six feet.
j 3. Paving rand associated curing, except thr.t vehicle parking or storage areas
shall rno-� be permittee within any requires street setback.
4. Traffic directional sigrs that do not contrdn an advertising message.
S. One detached sign not exceeding 15 feet in height nor 200 square feet in
area anti v:: ich only gives the name of tht: company and the street address.
If illum,nated, such sign scall be intern3dy illuminated, shall have under-
ground electric and shall not be closer than 12 feet to any property line nor
closer than 20 fact to any dr iver.,ay. Sian materials shall be harmonious
with the architecture of the development. Signs shall not rotate nor flash.
6. Planters, not to exceed two feet in height.
7. Architectural earthwork, light standards, fountains, or aesthetic features.
3.02 Completion of Construction
After commencement of construction of any structure, the owner shall deligently
prosecute the work thereon, to the end that the structure shall not remain in a
partly finished condition any longer than reasonably necessary for completion
thcrecf, ;and in any event shall complete such construction in 180 days, unless an
a exception is granted by written approval of the declarant.
3.03 l:::cavation
No excrzvntion shall be made except in connection with construction of an
impro\•clnent except as approved by Declarant and upon completion of any exca-
vntion exposed openings shall be backfilled and disturbed ground shall be graded and
leveled.
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3.04 Lariascr.nin;
�. Concurrently ',viLh the subcr,ission of builcinq plans far npproval, the lessee or
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grantee snall sijbmit a cctallcd l anc_c2E)' lr ,ian ','hicii must be approved in
b•i the Pcciarant's Af2i1itec: :72i Uctrieiv Coml'llttee every sltC Cr, which
a builL;in- shall !)five been eiciccd shall be iancscaped according to said aDprovea
j plans and shall be mainta:nod thereafter in a si;htly P11d well-kept conditicn.
Landcaping shall consistrrin�a:iiy of livir,c; materials.
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D. The r,-cocrty o•:,,ner. 'lessee o: occuount s:iaL 'landscape and maintain unpaved
areas oet','.een L:ic pfopert.: i.ncs and the s ,Lbac:< lilies and shall also landsca:;c
bet'.;ecn .heC tv baci: of W,v sido•.:aik or curb. The str ee�
selb;c:: snall Je L::�cC C:L s1VC1'J for iand;cacnng exccct Ior walks and drive-'
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! ways '.`sectir" t!le feC'i r2C i=dscaDe a.-.2a, and other exclusions in Section
3.01.
C. The prop_rty owner, lessee or occupant shall provide facilities adequate to
sustain and maintain the landscaped areas. _'Maintenance facilities are to be
adequately screened.
D. Approved landscaping shall be installed v;itliin 60 days of issuance of an
occupancy DeI'mit or comoieticn of the building, ahichever first occurs. if
unususl ,:eati.er conditions exist, Declarant may extend the time for compie--
tion. A dcitioncl and suoplementLl l,an scapinb requires no such approval
3.05 S•gas
A. No biL'o.-rd or advertisin sign sl-aJl be permitted other than those offering the
premises for sale or lease v;nen specifically approved by Declarant in writing
and temp�rary signs givin; credit to parties to a proposed development, siicn
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� sign: to b,: app:cued by J.,..'ar�nt in. itin,;.
B. Signs shall comer m to setback lines as indicated in Section 3.01 B(5) hereof
unless specific aproval to the contrary is obtained from Declarant in writing.
C. Signs and identifaction devices on buildings or building sites shall be erected or
posted only after specific approval by Declarant in writing as to size and
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design.
D. No sizn shall be placed or painted on any roof or portion thereof, nor shall the
top of any sign extend above the parapet line or the top of the exterior wall of
any building or strut cure.
MG Parking Areas
A. General - Off-street parking shall be provided to accomodate all parking; needs
for enlnlovee, visitor and comn;nnv vehicles on the site. The intent of this
I provision is to eliminate the need for on-street parking.. Lessee or grantee shall
provide at lcnst three parking7 stalls for cacti tour persons to be employed on the
site, in addition to customer and visitor parkin?; provided, however, that should
the prc;)n-ed use for a site come under more restrictive parking requirements of
jthe anpropriiite f overninentril jurisdiction, the more restrictive acquirements
shall apply.
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D. npicvee parkioilall net be permitted: •
1. On any public street.
�. Petween public sirect pavement edge and property line.
�. V,ithin any required street setback.
C. Street setbacks shall not be used for vehicle maneuverin'.
D. Lll - ir? areas shall be ccsic,nated to er ole vehicles leavin? the property
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shall e�:it in a forward direction.
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3.0' Storage and Lcadino _Areas
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:�. No materials, suoclies or equipment. including company-owned or ooera•:ed
trucks, snsll be stored in anv area cn a site except inside a closed building, or
behind s visual barrier screening suen areas from the view of ad;oinLng
residentially zoned properties and public streets.
E. Loadin; cocks shrl be set ~^^!c and screened to minimize view from the street.
Doci;s s4"liM not be closer r`ian 40 feet to a street proparty line, unless a
daviaticn is specifically approved by Declarant in writing.
C. The loadins or unloading of trucks on any street within Redding Airport Park is
prohibitec, as a tract restriction.
jl 3.08 ruiiding P e;ulations
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Any bvildin, erected on a site shall conf(rm to the following construct_on
conditions.
A. Exterior :-ialls of sheet or corrugated, iron, aluminum, non-decorative block or
asbestos are not permitted except in special circumstances wherein specific
approval is first obtained.
S. No used b iilding shall be moved into the subdivision.
3.09 Vertical Protrusions
Antennae, masts and poles (excepting street light poles) in excess of 25 feet in
height shall not be constructed without written consent of Declarant. Light
standards ,Yhich are not in excess of 35 feet in height may be installed without
written consent within yard or starage areas. All structures shall conform. to
Federal Aviation Agency standards.
3.10 Fences and Screening
Any fence directly visible from any public street and used to screen Stora re areas
from public vic%v shall be a cninimum six foci high and shall be constructed of a style
and material upprcved by tine City. VV here proposed storage would exceed the height
of t1jc f once and be vi-elute f ro:n u public street, the deveioper shall plant a ro%v of
� . trees ilial can ren::onn:ply be anticipated in a period of five years to achieve a height
sufficient to screen the stored 11111teriuls. All other properly lines muy, in the
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9. In consideration of paragraphs 1-8, the City agrees to grant a road easement from the
airport road frontage road to the west property line of the City property in the location depicted
'! on Exhibit "A" and to review improvement plans submitted by Burk as expeditiously as possible.
10. If a legal action or proceeding is brought by either party because of default under this
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Agreement or to enforce a provision thereof, the prevailing party therein shall be entitled, in
'i addition to any other relief, to recover reasonable attorney's fees and court costs from the losing
party as determined by the court in which said action or proceeding is pending.
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This Agreement shall supercede and replace that previous agreement between Burk and the City
of Redding dated May 5, 1992; shall constitute a covenant running with the land. This agreement
shall be binding upon Burk's successors in interest, and may be recorded by the City. If the
improvements required under Sections 1 and 3 are not completed by October 1, 1993, this
agreement shall be null and void.
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I' IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first
written above.
BY
j Brian Burk
CITY OF REDDING
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By
CHARLIE MOSS, Mayor
ATTEST:
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j CONNIE STROHMAYER, City Clerk
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FORM APPROVED:
RANDALL A. HAYS, City Attorney
PROJWGRMNIIBURK
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D£VERE DR.
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EXHIBIT "B"
Recording Requested by
City of Redding
j Please Return to
City Clerk
City of Redding
760 Parkview Avenue
Redding, CA 96001-3396
Documentary Transfer Tax: None
No Fee - City Business
Gov. Code § 6103
A.P. No. 056-010-22
AIR EASEMENT
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Brian Burk, and his heirs, executors, administrators, successors, and assigns, hereinafter
referred to as GRANTORS, hereby grant, bargain, sell, and convey unto the CITY OF REDDING,
a Municipal Corporation of the State of California, its successors and assigns, hereinafter referred
to as CITY, forever, a perpetual public-use easement or right-of-way for the free and unobstructed
passage and flight of aircraft, of whatever ownership, and whether now known or hereafter used
for navigation of or flight in the air, in, through, over, and across the air space 250 feet or more
above ground level of the parcel of real property lying, being, and situate in the County of Shasta,
State of California,and more particularly described in Exhibit"A"attached hereto and incorporated
by reference.
The rights herein granted shall include the right in such airspace to allow, make, and emit
such noise, vibration, fumes, dust, and fuel particles as may be inherent to the operation of
aircraft now known or hereafter used for navigation of or flight in the air; reserving, however, to
the GRANTORS, during the term of said easement, such use, rights, and privileges in said land
j or real property as may be exercised and enjoyed without interference with or abridgment of the
rights hereby granted. However, flights below minimum easement elevation or louder than the
maximum easement noise level which occur because of emergency aircraft situations shall not
constitute violation of this air easement.
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The GRANTORS, and for and on behalf of the GRANTORS' heirs, executors,
administrators, successors, and assigns, covenant, bargain, and agree that GRANTORS are the
! owners in fee simple of the above-described premises, and that at the time of delivery of these
presents have full ownership right and power to grant, bargain, sell, and convey the easement
as aforesaid. GRANTORS covenant and agree with GRANTEE, its successors and assigns, to
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warrant and forever defend against all and every person or persons claiming any right of title
adverse to the easement herein granted.
ii IN WITNESS WHEREOF, the GRANTORS have caused this Air Easement to be executed
and sealed this day of 199_, at Redding,Shasta County,California.
Name: Name:
STATE OF CALIFORNIA )
ss
COUNTY OF SHASTA )
On this day of 199_, before me
a Notary Public for the State of California,duly commissioned
and sworn, personally appeared and
j personally known to me [or proved to me on the basis of satisfactory evidence] to be the persons
whose names are subscribed to the within Air Easement, and acknowledged that they executed
it.
W ITN ESS my hand and official seal.
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Notary Public
PROJWGRMNnBURK-AIR.AGR
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