HomeMy WebLinkAboutReso 92-117 - Approve 2nd amendment to annexation & development agreement dated 03/17/92 between COR & Harrel & Louise Davis RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING
THE SECOND AMENDMENT TO ANNEXATION AND DEVELOPMENT AGREEMENT
DATED MARCH 17, 1992, BETWEEN THE CITY OF REDDING AND HARREL DAVIS
AND LOUISE DAVIS, AND AUTHORIZING THE MAYOR TO SIGN ON BEHALF OF THE
CITY.
IT IS HEREBY RESOLVED by the City Council of the City of Redding that the
Second Amendment to Annexation and Development Agreement between the City of
Redding and Harrel and Louise Davis, Developers, a true copy of which is attached
hereto and incorporated herein by reference, is hereby approved.
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 17th day of
March, 1992, and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Arness, Carter, Fulton & Dahl
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Moss
MIKE DAHL, Mayor
City of Redding
ATTEST:
CONNIE STRO MAYER, Cit lerk
FORM APPROVED:
R DALL A. HAYS, qty Attorney
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SECOND AMENDMENT TO ANNEXATION AND DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO ANNEXATION AND DEVELOPMENT
AGREEMENT ("Second Amendment") is made and entered into by and between the
CITY OF REDDING, a Municipal Corporation and General Law City, hereinafter
called "City," and HARREL DAVIS and LOUISE DAVIS, of Post Office Box 686,
Redding, California 96099, hereinafter called "Developers":
WITNESSETH:
WHEREAS, City and Developers entered into an Annexation and Development
Agreement dated December 4, 1990 ("Agreement"), a true copy of which is attached
hereto and incorporated herein by reference; and
WHEREAS, City and Developers amended said Agreement pursuant to the
terms and conditions of the First Amendment to Annexation and Development
Agreement ("First Amendment") on May 21, 1991, a true copy of which is attached
hereto and incorporated herein by reference; and
WHEREAS, City and Developers desire to amend said Agreement pursuant to
the terms and conditions of this Second Amendment;
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. That the following sections be added:
28. Fire Station. Developers shall dedicate approximately three acres in
the southwest corner of Assessor's Parcel No.
075-260-30 for a proposed fire station site per the specifications of
the City Fire Department at no expense to City. At least 1.5 acres
shall be located outside of the 100-year floodplain of Moody Creek and
Stillwater Creek, as defined by the Federal Emergency Management
Agency (FEMA). This dedication shall be made to City not later than
July 1, 1992. City agrees to construct said fire station within seven
(7) years of the dedication or upon the completion of the 143rd
dwelling unit, whichever occurs first.
29. General Plan Amendment and Zoning. Upon annexation, Developers
shall submit to City an application for a General Plan amendment and
zoning of Assessor's Parcel Nos. 306-070-01,
306-080-02, 306-080-06, 306-090-08, 306-090-09, and 075-260-30
consistent with the Tentative Subdivision Map (Tract 1720) and
Planned Development Rezoning (Ordinance No. 378-1634) approved
by Shasta County for the Tierra Oaks Planned Development and Golf
Course. Developers shall be responsible for paying to City the
applicable application fees in effect at the time of the filing.
30. City and Developers agree to grant other property owners within the
boundaries of Annexation 90-15 the option connecting to the City
sewer via an interim sewer connection to the trunk sewer line in
Churn Creek by participating in the sewer improvements outlined in
this Annexation Agreement. In order to design appropriate system
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improvements, the property owners must commit to participate during
the design of the improvements, prior to construction. The property
owners will be required to pay their pro rata share of the Developer's
design and cost of the improvements and annual sewer lift station
maintenance costs. At the time of connection to the sewer system,
the property owners will also be required to pay to the City: 1) their
fair share of the proposed middle and upper Stillwater sewer-
assessment district which is based on $1,300 per household
equivalent; 2) the current plant-expansion fee in place at the time of
connection, which is presently $1,075; and 3) a special benefit fee to
cover the future construction of. the lower Stillwater line and
permanent lift station, which is currently $825. The special benefit
'J fee would be adjusted annually by the Engineering New's twenty (20)
cities' average Construction Cost Index.
2. The effective date of these amendments shall be on the date this Second
Amendment is approved by the City Council of City.
!1 3. All other terms and conditions of said Annexation and Development
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands on the day and
year set forth below:
CITY OF REDDING
DATE: By:
MIKE DAHL, Mayor
OWNERS:
,i DATE: Ey: n >
ISA ELL DAViS
DATE: By: x2z��
L USE DAVIS
ATTEST:
CONNIE STROHMAYER, City Clerk
FORM APPROVED:
RANDALL A. HAYS, City Attorney
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