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HomeMy WebLinkAboutReso 91-267 - Requesting local agency formation commission to take proceedings for the annexation to the COR of inhabited territory designated COR annexation No. 90-14 (Fairway Oaks Mobile Home Estates) i RESOLUTION NO. 91-267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING OF APPLICATION BY THE CITY OF REDDING REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE ANNEXATION TO THE CITY OF REDDING OF INHABITED TERRITORY DESIGNATED CITY OF REDDING ANNEXATION NO. 90-14 (FAIRWAY OAKS MOBILE HOME ESTATES) . BE IT RESOLVED by the City Council of the City of Redding as follows : ' WHEREAS, the City of Redding desires to initiate proceedings pursuant to the Cortese-Knox Local Government Reorganization Act f of 1985, Division 3, commencing with Section 56000 of the California Government Code, for the annexation to the City of Redding of the inhabited territory designated City of Redding Annexation No. 90-14, (Fairway Oaks Mobile Home Estates) ; and WHEREAS, the territory proposed to be annexed is inhabited and a description of the boundaries of the territory is set forth y in Exhibit "A" and depicted in Exhibit "B" attached hereto and by ` this reference incorporated herein; and WHEREAS, this proposal is outside the adopted Sphere of r Influence of the City of Redding; therefore, said proposal also requests an amendment to the Sphere of Influence to achieve conformity; and WHEREAS, it is desired to provide that the proposed annexa- tion be subject to the following terms and conditions : 1 . Property owners shall, within 30 days after the effective date of the annexation, make application, as required by Section 18 . 68 . 030 of the Redding Municipal Code, to the Redding Board of Administrative Review for a use permit; and 2 . Annexation Agreement between the City of Redding and Hal C. Aguirre. WHEREAS, the reasons for this proposed annexation are as follows : , fThe advantage to property owners within this territory of the availability of certain City services; and RESCINDED BY RESOLUTION #92-17 WHEREAS, a plan for providing services within the affected territory is set forth in Exhibit "C" attached hereto and incorporated herein by reference, as required by Government Code Section 56653; NOW, THEREFORE, this resolution is hereby adopted and approved by the City Council of the City of Redding, and the Local Agency Formation Commission of Shasta County is hereby requested to take proceedings for the annexation of territory as described in Exhibit "A, " according to the terms and conditions stated above and in the manner provided by the Cortese-Knox Local Government Reorganization Act of 1985 . ` BE IT FURTHER RESOLVED that the City Clerk of the City of Redding is authorized and directed to file a certified copy of this resolution, along with appropriate fees, with the Executive Officer of the Local Agency Formation Commission of Shasta County. I HEREBY CERTIFY that the foregoing resolution was intro- duced and read at a regular meeting of the City Council of the City of Redding on the 2nd day of July , 1991, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Buffum, Fulton, Moss & Dahl NOES: COUNCIL MEMBERS: Arness ABSENT: COUNCIL MEMBERS : None ABSTAIN: COUNCIL MEMBERS: None 1 MIKE DAHL, Mayor City of Redding ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: RA DALL A. HAYS, C ' y Attorney R 0 EXHIBIT "A" FAIRWAY OAKS MOBILE HOME ESTATES COMMENCING at the Section corner common to Sections 2 and 3, T. 30 N. , Range 4 West, MDM, and thence South 0117158" East, 1,323.64 feet on and along the east boundary of said Section 3 and as shown on that certain map filed for record in Book 1 of Parcel Maps at page 129, Shasta County Records; thence South 89°51'10" West, 42.00 feet to the point of beginning at the northeast corner of Parcel 2 as shown on said map; thence running the following bearings and distances: South 0117158" East, 130.00 feet on and along the east boundary of said parcel and the Westerly right of way line of Airport Road; thence South 89151'10" West, 1,140.91 feet on and along the Northerly boundary of a 60.00 foot wide easement as shown on said map, and continuing on a 130.00 foot radius curve to the left, through a central angle of 57°01'10", a distance of 129.37 feet; thence South 32°50'00" West, 251.83 feet; thence on a 45.00 foot radius curve to the right, through a central angle of 57001110" a distance of 44.78 feet; thence South 89°51'10" West, 56.92 feet to the East boundary of Parcel 1 as shown on said map; thence along said East boundary South 25116' West, 15.50 feet; thence South 00°22'40" East, 331.48 feet; thence South 23002148" East, 290.07 feet; thence South 05127100" East, 226.94 feet to the Southeast corner of said Parcel 1; thence South 89°51'10" West, 807.25 feet to the East boundary of that certain parcel described in the Deed recorded in Book 814, Page 614, Official Records of Shasta County; thence along said boundary North 00022140" West, 1,259.66 feet; thence North 89°51'10" East, 2,165.17 feet, more or less, on and along the Northerly boundary of Parcels 1 and 2 (as shown on said map), and its Westerly extension to the point of beginning on the Westerly right of way of Airport Road. I f i ZOLL:6/27/91 TEA\PC:90-14.CC r J --- - i I O _ 1 r OpOl i - - -- ;_ SCALE 1':000' - IMP SOL /Or J k/O o XelA DATE ASA 26IAe • SPHE2E O,E 1AJFL L/E,leE EXIY/B/T B i 3OL4 /PWeV MAP �AC eAE'Ut 'PwE,P C/TV OF TEDD/)(.IG M SIl i- - AAIVE)( 9014IAJHAOITED- o . ' i • EXHIBIT "C" PLAN PROVIDING BASIC SERVICES AS REQUESTED BY SECTION 56653 OF THE GOVERNMENT CODE REDDING ANNEXATION NO. 90-14 Water - Water is available from the City of Redding in accordance with adopted standards, policies, and payment of fees or connection charges . Lines will be extended by property owners, in accordance with the Master Water Plan through an assessment district when they want service. Sewer - Sewers will be available upon completion of the Stillwater Treatment Plant which is scheduled to be operational in January of 1992 . Sewer service will be provided by the City in accordance with adopted policies, standards, and charges . Sewer lines will be extended by property owners . Solid Waste - Solid-waste collection will be provided to exist- ing residents after five years as per State law or when the existing collector chooses to discontinue service. New customers will be serviced by the City, and all residents may use the City landfill . Streets - Existing streets shown on the County Road Log will be maintained by the City only to the extent they are presently improved. New dedicated public streets will be constructed according to City standards and maintained by the City accordingly. At the time of development of the property, all adjoining streets will be improved by the owner to City standards, and all necessary right-of-way will be dedicated. Police and Fire - Upon annexation, police and fire services will be available to the area. Development will occur in a manner to maintain the City' s fire rating. Electric - It is the policy of the City of Redding to be the sole provider of electric service to electric utility customers within the corporate limits . City electric service will be made available when electric facilities can be purchased or otherwise provided to the owners in accordance with adopted policies, standards, and charges of the City of Redding and based on logical extension of the f City' s electric distribution system. Storm Drainage - Natural drainage ditches will be maintained by the property owner through whose property the drain or stream passes . i \D\900 . 10 . 1 .ANX 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 , 1991, by and between the CITY OF REDDING, hereinafter called "City," and HAL C. AGUIRRE hereinafter called "Owner," WITNESSETH Hal C. Aguirre, as the owner of property located at 3780 Hole-In-One Drive, Redding, California, in the County of Shasta, also described as Shasta County Assessor's Parcel Nos. 056-350-19, 056-350-25 and 056-350-26, hereby makes the following agreements with the City, for the purpose of obtaining sewer service. �I 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. 2. Owner shall pay the Clover Creek Trunk Line connection charges of $150,722.58 (177 units x $1,703.08/HE x .5/HE -- mobilehomes in a park are considered 1/2 HE/unit) in accordance with City of Redding Resolution No. 89-228. The fee shall be paid upon connection to the City's Clover Creek trunk line. 3. Owner agree that they shall not withdraw support for Annexation 90-14 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 90-14. 4. 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 i L a 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. 5. All of the provisions of Redding Municipal Code Chapter 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. I I i By HAL C. AGUIRRE, Owner CITY OF REDDING By MIKE DAHL, Mayor FORM APPROVED: RANDALL A. HAYS, City Attorney i 1 i t r 2 -