HomeMy WebLinkAboutD-1592 Bridge over Lower Fork Creek on Fuller Road Recorded 09/10/2003Recording Requested by:
when recorded mail to:
City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
JULIE ROD&LD
San Luis Obispo County— Clerk/Recorder
Recorded at th�, request of
Public
DOC#: 200310360.3
VII�II��DI�1IflVI�IVIl�gl6lfl
NR
9/1012003
9:54 AM
Titles: 1
Pages: 7
Fees
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PAID
$0.00
RECORD AT NO FEE PURSUANT TO
GOVERNMENT CODE SECTION 27383
SEWER, WATER AND BRIDGE REIMBURSEMENT AGREEMENT
BETWEEN R.W. HERTEL & SONS, INC.
AND
THE CITY OF SAN LUIS OBISPO
RE(;EiVED
SEP 18 1003
SLO CITY COUNCIL
ID1s92
•
SEWER, WATER AND BRIDGE REIMBURSEMENT AGREEMENT
BETWEEN R.W. HERTEL & SONS, INC. (AKA GOLDENROD LLC)
AND .
THE CITY OF SAN LUIS OBISPO
THIS AGREEMENT is made and entered into this 27 day of
May , 2003 by and between the CITY OF SAN LUIS OBISPO, a chartered
municipal corporation of the State of California, herein referred to as "City ", and R. W.
HERTEL AND SONS, INC., a California Corporation (AKA GOLDENROD LLC),
herein referred to as "Developer"
WITNESSETH
WHERAS, the conditions of approval for Developer's Tract 2289 [Resolution No.
8957 (1999 Series)] required the construction of a bridge over Lower Fork Creek on Fuller
Road, public water and public sewer mains that connected to existing offsite
infrastructure; and
WHEREAS, these public facilities (bridge, sewer main and water main) will
benefit properties other than those owned by the Developer; and
WHEREAS, City regulations provide for reimbursement to developers as
prescribed in Chapter 16.44.091 of the Municipal Code and Resolution No. 5906 (1985
Series); and
WHERAS, City Council Resolution 9148 (2001 Series) authorized the Director of
Public Works to enter into a Reimbursement Agreement on behalf of the City; and
WHEREAS, the City has approved the installation of these public improvements
per plans approved by the City Engineer; and
WHEREAS, the City Council accepted [Resolution No. 9453 (2003 Series)] the
public improvements on May 20, 2003..
WHEREAS, the Developer has submitted a certified statement showing the actual
cost of the additional bridge, sewer and water work.
NOW, THEREFORE, in consideration of the above, the City and Developer agree
as follows:
1. The City will collect charges for direct sewer and water service connections and
for those properties shown on Exhibit A for adjacent properties, based on the
Reimbursement Map and Rate Sheet attached hereto and marked "Exhibit A" and
incorporated by reference herein.
MAY 2 9 RECD
2. The Developer shall be eligible for a refund for a period up to fifteen (15) years
from the above date. No interest shall be paid on, or accrue on any funds subject to
such refund. Frontage reimbursement shall be made only if and when such
connections charges are collected by the City per Chapter 16.44.091.
3. Disbursements of funds collected by the City shall be made .to:
R.W. Hertel and Sons, Inc.
AKA Goldenrod LLC
5200 Telegraph Road
Ventura, CA 93003
4. Any funds collected by City and sent to the above name and address shall be
deemed to have been properly reimbursed by the City. The City will not attempt
nor be required to mail the funds collected to any party other than listed above
unless the City is notified in writing of any change in name or address.
IN WITNESS WHEREOF, the parities hereto have executed this Agreement as of the day
and year first above written.
CITY OF SAN LUIS OBISPO
Michael D. McCluskey
Public Works Director
"DEVE '
�7
By: �lr .� . S .4m w �-
Title: VP -9W f *0-niE S, •
Alf Wlf-# I 14�6.,4agA" e>'-
(All signatures shall be notarized)
•
CALIFORNIA' ALL - PURPOSE ACKNOWLEDGMENT -
State of California
ss..
County of VENTURA
•
On MAy 97,, 900'4 before me, Grazyna Szczebiot- Notary Public
Date Name and Title of Officer (e.g., "Jane Doe „ Notary Public ")
personally appeared ROBERT J.S. FOWLER
Name(s) of Signer(s)
Z GRAZYNA B. SZCZEBIOT
Commission # 1390959
,�,ee Notary Public California
Ventura County -
My Comm. Expires Dec 19, 2006
IX personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and
acknowledged to me that he /she /they executed
the same in his /her /their authorized
capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
G�/YOt"1MV1C. (kD . coz, .C. 91.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Sewer,Water and Bridge Reimbursement Agree -
- -ment
Document Date: Maw 27, 2 0 0 3 Number of Pages: 2.
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:.
❑ Individual Top of thumb here
• Corporate Officer — Title(s):
• Partner — ❑ Limited ❑. General
❑ Attorney -in -Fact
❑ Trustee
O Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth. CA 913132402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1- 800 - 876 -6827
State of California
County of San.Luis Obispo
On 2003, before me, Pamela K. King, Notary Public, personally appeared
Mic I D. McCluskey, .proved to me on the basis of satisfactory evidence to be the person whose
name is subscribed to the within instrument and acknowledged to me that he executed the same in
his capacity, and that by his signature on the instrument the person or the entity upon behalf of
which the person acted,. executed the instrument.
Witness m hand and official se P/w+s K KING
y. Commission # 1227306 =
Notary Public - Califomia f
San Luis Ob'Lmo County
Pamela K. King, Notary Public My Comm. Expires Jul 22003
Capacity claimed -by signer:. ( X ) political agency State of California }
G:devrevVorms\covenants & agreements
o�d� J
Fuller Road Riembursement Area
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