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RESCINDED BY RESOLUTION #92-17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
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MIKE DAHL, Mayor
City of Redding
ATTEST:
ETHEL A. NICHOLS, City Clerk
FORM APPROVED:
RA DALL A. HAYS, C ' y Attorney
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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.
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• 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.
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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
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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.
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i By
HAL C. AGUIRRE, Owner
CITY OF REDDING
By
MIKE DAHL, Mayor
FORM APPROVED:
RANDALL A. HAYS, City Attorney
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