HomeMy WebLinkAboutReso 91-305 - Approve agreement entered into between the COR & Calvin Ballard and Rose Ballard RESOLUTION NO. O.S
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE AGREEMENT ENTERED INTO BETWEEN THE CITY OF
REDDING' AND CALVIN L. BALLARD AND ROSE BALLARD, 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 Calvin L. Ballard and Rose Ballard,
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 6th day of
August , 1991, and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Arness, Buffum, Fulton & Moss
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: .Dahl
ABSTAIN: COUNCIL MEMBERS: None
Charlie Moss, Vice 16yor
ATTEST:
ETHE-L A,: NICHTOLS, City Clerk
FORM APPROVED:
RA IDALL A. HA S, ty Attorney
C,
V
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 , 1991, by and
between the CITY OF REDDING, hereinafter called "City," and CALVIN L.
BALLARD AND ROSE BALLARD, hereinafter call "Owners,"
WITNESSETH
CALVIN L. BALLARD AND ROSE BALLARD, as the owners of properties located
at 1573 and 1661 Keswick Dam Road, Redding, California, in the County of
Shasta, also described as Shasta County Assessor's Parcel Nos. 115-240-01 and
115-240-02, hereby makes the following agreements with the City, for the purpose
of obtaining water service to Assessor Parcel No. 115-240-01.
1. Owner shall have the option of water-system improvements before
annexation. The water system shall be constructed in accordance with City
of Redding standards. Owners will be required to apply for a metered
water service and pay all current connection charges.
2. Owners shall either abandon the existing well or allow City to install a
double check valve system in accordance with City of Redding standards at
owners cost.
3. Owner agrees that they shall not withdraw support for Annexation 91-4 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 91-4.
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 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 Section 14.08 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.
By
CALVIN L. BALLARD, Owner
By
ROSE BALLARD, Owner
ATTEST: CITY OF REDDING
By
ETHEL A. NICHOLS, City Clerk MIKE DAHL, Mayor
FORM APPROVED:
RANDALL A. HAYS, City Attorney
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