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HomeMy WebLinkAboutReso. 1988-309 - Approving the agreement between the city of redding and kms research laboratories, inc to participate in assessment district proceedings for the industrial park bypass 111 411 RESOLUTION NO. 2W - 'd y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT BETWEEN THE CITY OF REDDING AND KMS RESEARCH LABORATORIES , INC. TO PARTICIPATE IN ASSESSMENT DISTRICT PROCEEDINGS FOR THE INDUSTRIAL PARK BYPASS AND LOWER BOULDER CREEK BYPASS SEWER AS DISCUSSED IN THE 1979 MASTER SEWER PLAN, AND AUTHORIZING THE MAYOR TO SIGN SAME. IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding hereby approves the above-mentioned Developer Agreement between the City of Redding and KMS Research Laboratories, Inc. , a true copy of which is attached hereto and incorporated herein. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement on behalf of the City Council 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 document, 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 September , 1988 , and was • duly adopted at said meeting by the following vote: AYES : COUNCIL MEMBERS: Buffum, Carter, Dahl, Fulton, & Johannessen NOES : COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None l3 � K. MAURICE JOHANNESSEN, Mayor City of Redding ATTEST: FO PPROVED: 6? ETHEL A. NICHOLS, City Clerk RA PALL A. HAYS, City Attorney • • 4► Recording Requested by CITY OF REDDING After Recording, Return to City Clerk City of Redding 760 Parkview Avenue Redding, CA 96001 Documentary Transfer Tax: None City of Redding EXEMPT Rev. & Tax. C.A. §11922 NO FEE - CITY BUSINESS APN 066-940-86 thru 98 AGREEMENT THIS AGREEMENT entered into this g rd day of August, 1988 , by and between the CITY OF REDDING, a Municipal Corporation and General Law City, hereinafter referred to as "CITY, " and KMS RESEARCH LABORATORIES, INC. , a California Corporation, of Post Office Box 520 , Bella Vista, California 96008 , hereinafter referred as to "DEVELOPER" : WITNESSETH: DEVELOPER, as the owner and developer of property located at 4682 and 4650 Mountain Lakes Boulevard, in a "PI-BIA-F" Planned Industrial District, as described in Exhibit "A" and shown in Exhibit "B" attached hereto and incorporated herein by reference, also described as Lot Split LS-18-87 for DEVELOPER as recorded in Book 26 of Parcel Maps at page 102 , Shasta County Records, hereby makes the - following agreement with CITY for the purpose of satisfying one of the conditions of approval of Lot Split LS-18-87 . At such time as assessment district proceedings are initiated to establish an assessment district for the construction of the Industrial Park Bypass and Lower Boulder Creek Bypass Sewer as discussed in the 1979 Master Sewer Plan, • DEVELOPER shall participate in said assessment district and sign a Petition in favor of such assessment district, for the purpose of construction of a sewer bypass line . DEVELOPER' s assessment shall be a prorated share based on the benefit formula established for the district. CITY assumes no responsibility for providing sewer service beyond the capacity of existing lines. It has been determined that this matter is not subject to the provisions of the California Environmental Quality Act. This Agreement shall constitute a covenant running with the land and shall be binding upon DEVELOPER' s successors-in- interest. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF REDDING By: K. MAURICE JOHANNESSEN, Mayor KMS RESEARCH LABO• •TORIES, INC. By: JAMEY • ZZOTTA, President ATTEST: FORM APPROVED: ETHEL A. NICHOLS , City Clerk RANDALL A. HAYS, City Attorney -2- . •S . STATE OF CALIFORNIA ) ss COUNTY OF SHASTA ) On this day of August, 1988 , before me, Arlene Logan Davis, a Notary Public, duly commissioned and sworn, personally appeared K. MAURICE JOHANNESSEN, who executed the within Agreement between the City of Redding and KMS Research Laboratories, Inc. , known to me to be the Mayor of the CITY OF REDDING, the municipal corporation described herein, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Shasta the day and year in this certificate first above written. Notary Public My commission expires 4/27/90 CORPORATE ACKNOWLEDGMENT NO.202 (Il! I! !l!!!!. !!!ll!!!!!!!!!!1!!!l./l•Il./ll."lll,/l✓,l:,C0C lll!!IW:./7!!J' Jlll.C!!./!!!,l!!!!!./ - !�, ti 1 S State of CALIFORNIA On this the 8th day of August 1988_,before me, O SS. • S 1 County of SEASTA Jo-Ann T. Bradshaw o othe undersigned Notary Public,personally appeared Jamey Mazzotta 0 0 J personally known to me o o 0 proved to me on the basis of satisfactory evidence oo OEEIOAE S to be the person(s)who executed the within instrument as I -- 10-Afyt�J T. C"•ADSj � ` — 1 r;o;kar^u�!::- Gur 7. Pres;dent or on behalf of the corporation therein �S �`: j n. e�,and acknowledged to me that the corporation exe uted it. 11 Cammiss:o ;, » ITN:SS my hand and official seal. ,ofe. - C---7!----/_./ c-Y ,A10 /Celi- - / 0 it. y's Signature `o VIll!!✓l!l —!!1l�ll�llllJ✓!!✓Y!!I!!!!!l!1!!!l!l!l!!l!!!✓!!ll!!llllllll!!!!✓!!ll�ll/!!!l!lllJ 7120 122 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O.Box 4825•Woodland Hills,CA 97384 -3- • • Job No. 87 . 171 August 4 , 1988 EXHIBIT A All that real property situated in Section 13 , T32N, R5W, MDM, in the City of Redding, Shasta County, California, described as follows: All of Lots 1 through 12 as shown on that certain Parcel Map No. LS 18-87 for K .M .S . Research Laboratories , Inc. recorded December 29 , 1987 , in Book 26 of Parcel Maps at page 102 in the Office of the Recorder of Shasta County, California. • ! � -rnl 27. 5\ 000.09' i.OT 4 00 LbT 3 N /.4/Ac. S' /./O Ac. Z3°P° DoT 2 l=- 6,-i' 8. L i N Lor r l./Z AG. %. (4'. 78• Is /.28 AG. % 1� 1Y�n.�) 1' Alp 2 v2 Ct� OTCNi ' 00. NS \ oO.c0LOT7 ?' 32 0.T i41 Ac p . LOT 8 4 1/zA . gi./OAC. , 0.0,1, /ZB AC.va , p0.04 o2 �•OoO t, , Zp,04 .0&°* N N v1 N k \1\- LOT 9 /&'.oo AC. Co ,,;r\ 0 cj o- N a JO' L=4351, lam ' . ?�' 0. ,, II ,(P'I1J 222,. .r // A LOT /O 6 vN ( /.DO AC, ' t- 3./O AC. N WI- \e• X1-ilL3/T- LOT /2 5./8 AC. % L.5 ____ /0 - 87' a.A. c � lA. 3, z477 /E3 /X.JC. QUO C.,•91....8", 353.2s'