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HomeMy WebLinkAboutReso 92-060 - Approve agreement entered into between the COR & William M Grossen, Robert & Dona Frank, David Heinz, David & Paula Ratcliff, Michael & Jeanette Petraitis RESOLUTION NO. (I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT ENTERED INTO BETWEEN THE CITY OF REDDING AND WILLIAM M. GROSSEN, ROBERT J. FRANK and DONA R. FRANK; DAVID E. HEINZ; and DAVID C. RATCLIFF, PAULA RATCLIFF, MICHAEL G. PETRAITIS, and JEANNETTE PETRAITIS, 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 entered into between the City of Redding and William M. Grossen, Robert J. Frank and Dona R. Frank; David E. Heinz; and David C. Ratcliff, Paula Ratcliff, Michael G. Petraitis, and Jeannette Petraitis, 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 18th day of - — February 1992, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness, Carter, Fulton & Moss NOES: COUNCIL MEMBERS: None b ABSENT: COUNCIL MEMBERS: Dahl ABSTAIN: COUNCIL MEMBERS: None a , a a CHARLIE MOSS, ViW Mayor City of Redding ATTEST: a CONNIE STRWIMAYER, Ci Clerk I FORM APPROVED: I RA DALL A. HAY , City Attorney i i TEA:90-16AGR.CC it y , When Recorded Return To: City Clerk City of Redding 760 Parkview Avenue Redding, California 96001 (For Recorders Use Only) AGREEMENT THIS AGREEMENT, entered into on the day of , 1992, by and between the CITY OF REDDING, hereinafter called "City," and WILLIAM M. GROSSEN, ROBERT J. FRANK and DONA R. FRANK; DAVID E. HEINZ; and DAVID C. RATCLIFF, PAULA RATCLIFF, MICHAEL G. PETRAITIS, and JEANNETTE PETRAITIS, hereinafter called "Owners," WITNESSETH WHEREAS, WILLIAM M. GROSSEN, ROBERT J. FRANK and DONA R. FRANK, owners of Shasta County Assessor's Parcel Nos. 109-050-21, 109-050-22, and 109-050-31; and WHEREAS, DAVID E. HEINZ, owner of Shasta County Assessor's Parcel No. 109-050-66; and WHEREAS, DAVID C: RATCLIFF and PAULA RATCLIFF, MICHAEL G. — PETRAITIS and JEANNETTE PETRAITIS, owners of Shasta County Assessor's Parcel Nos. 109-050-16, .109-050-17, and 109-050-68, all above properties are located on Tarmac Road, Redding, California, in the County of Shasta. NOW, THEREFORE, said property owners and City hereby make the following agreements for the purpose of obtaining water service: 1. Owners will be required to apply for a metered water service and pay all current connection charges and special benefit fees. for' domestic -.water service. Any monthly user charges shall be .the prevailing,rate, as applied to the rest of the City. 2. Owners agree that they shall not withdraw support for Annexation 90-16 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 90-16. 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 provision of Redding Municipal Code Section 14.08.050 A-F, shall be and are hereby incorporated into this Agreement. i r NOW THEREFORE, BE IT RESOLVED that 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. By By WILLIAM M. GROSSEN, Owner DAVID C. RATCLIFF for Eagle Paving By By ROBERT J. FRANK, Owner PAULA RATCLIFF for Eagle Paving By By DONA R. FRANK, Owner MICHAEL G. PETRAITIS for Eagle Paving By By j DAVID E. HEINZ JEANNETTE PETRAITIS for Heinz Electric for Eagle Paving i I CITY OF REDDING II I O I BY CHARLIE MOSS, Vice Mayor ,I ATTEST: CONNIE STROHMAYER, City Clerk FORM APPROVED: RANDALL A. HAYS, City Attorney i I I TEA:\CC\90-16AGR.CC