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HomeMy WebLinkAboutReso 92-016 - Approve the agreement entered into between the COR & William and Sylvia Schmitt RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING i APPROVING THE AGREEMENT ENTERED INTO BETWEEN THE CITY OF REDDING AND WILLIAM R. SCHMITT AND SYLVIA R. SCHMITT AND AUTHORIZING THE MAYOR TO SIGN SAME. BE IT RESOLVED by the City Council of the City of Redding as follows: 1. The City Council of the City of Redding hereby approves the Agreement i entered into between the City of Redding and William R. Schmitt and Sylvia R. i Schmitt, a true copy of which is attached hereto and incorporated herein by reference. 2. The Mayor of the City of Redding is hereby authorized and directed to sign all necessary documents 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 on the aforesaid documents, when appropriate. 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 January , 1992, and was duly adopted at said meeting by the following vote: I AYES: COUNCIL MEMBERS: ARNESS, BUFFUM, FULTON, BOSS & DAHL NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NON i MIKE DAHL, Mayor City of Redding ATTEST: CONNIE STROHMAYER, Vy Clerk i FORM APPROVED: • r RA DALL A. HAYS, Cit Attorney a i • i When Recorded Return To: City Clerk City of Redding 760 Parkview Avenue Redding, California 96001 (For Recorders Use Only) ANNEXATION AGREEMENT THIS AGREEMENT, entered into on the day of , 1992, by and between the CITY OF REDDING, hereinafter called "City," and William R. Schmitt and Sylvia R. Schmitt, hereinafter call "Owners," I WITNESSETH WILLIAM R. SCHMITT AND SYLVIA R. SCHMITT, as the owners of properties located at 1701 Clear Creek Road, Redding, California, in the County of Shasta, also described as Shasta County Assessor's Parcel No. 049-360-01, hereby makes the following agreements with the City, for the purpose of obtaining sewer service. 1. Owner shall have the option of sewer-system improvements before annexation. The sewer system shall be constructed. in accordance with City of Redding standards. Public utility easements shall be provided by the Owner, if necessary, for all sewer lines at no expense to the City of Redding. Upon completion and acceptance of the sewer system, the City will assume responsibility for its maintenance and operation. i 2. Owner agrees that they shall not withdraw support for Annexation 91-7 or any subsequent request to annex said property to the City, nor shall they take any action to discourage the completion of the annexation proceedings contemplated by Annexation 91-7. 3. If a legal action or proceeding is brought by either party because of default under this Agreement, or to enforce a provision thereof, the prevailing party therein shall be entitled, in addition to any other relief, to recover reasonable attorneys fees and court costs from the losing party as determined by the court in which said action or proceeding is pending. 4. All of the provisions of Redding Municipal Code Section 14.16 shall be and are hereby incorporated into this Agreement. This Agreement shall constitute a covenant running with the land, and shall be binding upon Owner's successors in interest. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. � J n By , WILLIAM R. SCHMITT, Owner i :7 By - SYLVI R. SCHMITT, Owner CITY OF REDDING By MIKE DAHL, Mayor ATTEST: ' CONNIE STROHMAYER, City Clerk FORM APPROVED: RANDALL A. HAYS, City Attorney - 2 -