HomeMy WebLinkAboutA1814 - ROBERT NIELSON SEWER OLEANDER SEWER CONSTRUCTION REFUND AGREEMENT BETWEEN
THE CITY OF PALM SPRINGS , CALIFORNIA AND
Robert Nielson - private sewer
ROBERT N I ELSON agr for por of Oleander Road
AGREEMENT #1814 (Orig 4-21-82)
SEWER AGREEMENT NO. g LI Res 14218, 4-21-82
THIS AGREEMENT MADE AND ENTERED INTO THIS p2I DAY OF a
1982 . , BETWEEN THE CITY OF PALM SPRINGS , CALIFORNIA, A MUNICIPAL
CORPORATION , HEREINAFTER CALLED THE CITY AND ROBERT NIELSON ,
HEREINAFTER CALLED THE DEVELOPER.
WHEREAS , THE DEVEE-OPER IS , AT THE TIME OF THIS AGREEMENT , THE
OWNER OF PARCEL ] OF RECORD OF SURVEY RECORDED IN BOOK 13 ,
PAGE 27 OF RECORD OF SURVEY DELINEATED ON THE PLAT "SEWER
CONSTRUCTION REFUND AGREEMENT" ATTACHED HERETO , MARKED EXHIBIT
"Au AND HEREBY MADE A PART OF THIS AGREEMENT ; AND
WHEREAS , THE CITY HAS ESTABLISHED A POLICY FOR SEWER REFUND
AGREEMENTS AND CONTRIBUTIONS BY CITY COUNCIL RESOLUTION No .
9388 DATED JANUARY 13, 1969, WHICH BY REFERENCE IS HEREBY MADE
A PART OF THIS AGREEMENT ; AND
WHEREAS , SAID SANITARY SEWERS HAVE BEEN DEDICATED TO PUBLIC USE
BY THE DEVELOPER , AND HAVE BEEN ACCEPTED BY THE CITY; AND
WHEREAS , THE DEVELOPER HAS SUBMITTED A FINANCIAL STATEMENT OF
CONSTRUCTION COSTS FOR SAID SEWERS FROM :
SING & SONS CONSTRUCTION DATED SEPTEMBER 15, 1980
KWL ASSOCIATES DATED JULY 21 1980, SEPTEMBER 5, 1980 ,
OCTOBER 8, 1980 AND JANUARY 16, 1981 .
WHEREAS , THE DEVELOPER, IN ACCORDANCE WITH THE -BEFORE MENTIONED
COUNCIL RESOLUTION , HAS REQUESTED THAT THE CITY AND THE DEVELOPE€?.
ENTER INTO A SEWER REFUND AGREEMENT TO REIMBURSE THE DEVELOPER
FOR THE COST OF OFF—SITE SEWER WHICH BENEFITS OTHER PROPERTIES
AND
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WHEREAS , THE CITY HAS DETERMINED THAT BENEFIT FROM CONSTRUCTION
OF THE OFF-SITE SEWER WILL ACCRUE TO PROPERTIES CONNECTING TO
THE OFF-SITE SEWER ; AND
WHEREAS , THE CITY HAS DETERMINED THAT SAID BENEFIT WILL BE IN
DIRECT PROPORTION TO THE FRONTAGE OF THAT PORTION OF SECTION 19,
TOWNSHIP 4 SOUTH , RANGE 5 EAST , SHOWN AS ASSESSOR ' S LOT NO ' S
680-093-003, 680-093-009 , 680-093-0117 680-094-0037 680-094-006
A N D 680•-094-009
WHEREAS , THE CITY HAS DETERMINED , AND THE DEVELOPER AGREES THAT
THE TOTAL ASSESSABLE FRONTAGE OF LOTS WHICH CAN CONNECT TO THE
SANITARY SEWER BY USE OF SEWER LATERALS IS 1091 .52 FEET ;
NOW, THEREFORE , THIS AGREEMENT WITNESSETH THAT FOR AND IN
CONSIDERATION OF MUTUAL COVENANTS INDICATED BETWEEN THE CITY
AND THE DEVELOPER, IT IS HEREBY AGREED THAT DEVELOPERS , OWNERS
SHALL PAY TO THE CITY THE AMOUNT SHOWN HEREIN , PLUS SEWER CON-
NECTION CHARGES IN EFFECT Al SUCH TIME , PRIOR TO A PERMIT BEING
ISSUED FOR CONNECTION TO SAID SEWER. UPON RECEIPT OF SUCH PAY-
MENT CITY SHALL PAY TO THE DEVELOPER THE AMOUNT SHOWN HEREIN .
THE ASSESSMENT FOR SAID PROPERTIES IS HEREBY ESTABLISHED :
416.07483142 PER FRONT FOOT. (DOES NOT INCLUDE LATERALS)
ASSESSMENT NO . ASSESSMENT FRONTAGE COST PER PARCEL
680-093-003 147.56 FEET 2,372.002
680-093-009 14�7.98 2 ,378.754
680-093-011 300.36 4,828.236
680-094-003 200.24 3 ,218.824
680-094-006 1100.00 " 1 ,607.483
680-094-009 195.38 3 ,140.701
17091 .52 FEET 077546.00
IN WITNESS WHEREOF , THE CITY AND THE DEVELOPER HAVE HEREUNTO CAUSED
THESE PRESENTS TO RE EXECUTED THE DAY AND YEAR FIRST ABOVE MENTIONED .
ATTEST ; BY;
ATTEST ; CITY OF PALM SPRINGS CA.
fl CITY CLERK CITY MANAGER
i� California
1st April 92
ni State of On this the day of 19 before me
S;
oa Riverside SS.
County of the undersigned Notary Public, personally appeared (
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"Robert Nielsen** cu
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f j known to me to be the person(s) whose name(s) is subscribed
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to the within instrument and acknowledged that he
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�. executed the same for the purposes therein contained.
-<,ae OFMCI1-i IN WITNESS.WHEREOF hereunto se y ha and official seal
i o�Jw� CHARLOTTE K E.' '
un o t m hand }
} 6 i>• N TARP PUBLICS / k�
0 Rl n CO CALIFORNIAAL�y
�Y comet. expirus .SOG 6, IB35
-- Charlotte K. Brooks
GENERAL ACKNOWLEDGMENT FORM 7110 041 NATIONAL NOTARY ASSOCIATION.23012 Ventura Blvd .Woodland Hills,CA 91364
APPR'O�VED ASd TO FORM
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