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HomeMy WebLinkAboutReso 92-211 - 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 r 1 RESOLUTION NO. 92-,�1f 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. 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. BE IT FURTHER RESOLVED that the Mayor of the City . of Redding is hereby authorized and directed to sign said Agreement and all other necessary documentation in connection therewith on behalf of the City of Redding; and that -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 5th day of May , 1992, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Anderson, Arness, Kehoe & Moss NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Dahl ABSTAIN: COUNCIL MEMBERS: None i i � - 4=1 CHARLIE MOSS, Mayor 1 City of Redding Ad ST: , FORM PROVED: - r CONNIE STROHMAYER, ty Clerk R DALL A. HAYS, ity Attorney i AGREEMENT This Agreement, entered into on the day of May, 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 existing water main west of the IASCO building located on the Redding Municipal Airport to the west end 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 water system, the City will assume responsibility for its maintenance and operation. If domestic 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. 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 restriction. 3. Burk shall be responsible for constructing a road to public street standards 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. b. 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. c. 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. d. Installation of temporary sacrificial paving at the Airport Road intersection to provide tapers for acceleration and deceleration lanes and connection from existing Airport Road paving to the proposed frontage road as approved by the Department of Public Works. 4. Burk shall have the option of grading and constructing a temporary gravel road in the location of Road "A" prior to approval by the Director of Public Works of improvement plans for Road "A." If Burk exercises this option, he shall be responsible for improvements at the { Airport Road intersection as stated in paragraph 3 above and shall also pave Road "A" for a minimum distance of 40 feet from the west shoulder of Airport Road. i 5. Burk acknowledges the City's plans to construct the frontage road in the Fall of 1992 and acknowledges that this construction will temporarily affect his access to Road "A." 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. 6. Burk agrees to commence construction of Road "A" within four weeks of approval of the improvement plans for Road "A" by the DPW. If Burk has not commenced construction of the road prior to award of the bid by the City for the construction contract to build the Airport Road frontage road, Burk agrees to pay the City the sum sufficient to pay City's contractor for the frontage road project to construct the road specified in paragraph 3b and 3c above. y 1 7. Burk agrees to the abandonment of any rights for using a road easement along his east property line known as Kisling Road. 8. 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. 9. In consideration of paragraphs 1-9, the City agrees to grant a road easement in the location depicted on Exhibit "A" and to review improvement plans submitted by Burk as expeditiously as possible. I 10. 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 attorney's fees and court costs from the losing party as determined by the court in which said action or proceeding is pending. This Agreement shall constitute a covenant running with the land and shall be binding upon Burk's successors in interest. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first d written above. By Brian Burk i CITY OF REDDING i By CHARLIE MOSS, Mayor ATTEST: CONNIE STROHMAYER, City Clerk FORM APPROVED: RANDALL A. 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