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HomeMy WebLinkAboutC-2291 - Sewer Reimbursement Contract, Arthofer & City of Newport Beach--0 -------- - ---- -0 rfwPoRr CITY OF NEWPORT BEACH p4 bm NEWPORT BEACH, CALIFORNIA 92663 �. // R 19 i/ �<,FOPI„P DATE RECEIVED FOR: 2 -9.Z RECEIPT No. 22639 %W 'T I IIy I:. DONALD RASAELL 231 CONSTRUCTION ACCOUNT P. O. BOB 1713 2077 WEST COAST HWY. 042-1626 November 13 1981 fig- 4/1220 NEWPORT BEACH, CA 92660 PAYTOTIIE CITY OF NEWPORT BEACH * * ** $ 2,672.00 ORDEROF DOLLARS SECURITY PACIFIC NATIONAL BANK Newport Center Office 550 Newport Center Drive Newport Beach, Calif. 92660 60000 23 16■ a1 :1 2 200001,31: 1691111 25643119 DONALD HASKELL DETACH AND RETAIN THIS STATEMENT THE ATTACHED CHECK IS IN PAYMENT OF ITEMD o6scRieEO BELOW. NEWPORT BEACH, CA IK Nor coRNECT PLEASE NoTi,v us RRONRrIV. NO RECEIPT oE91REO. DELUXE FORM DVC -2 V -2 • a DATE Dec. 21 y 1981 TO: FROM: SUBJECT: CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 FINANCE DIRECTOR City Clerk Contract No. C -2291 Description of Contract For reimbursement of cost of construction of sewer main. Effective date of Contract August 25, 1981 Authorized by Resolution No. 11042 r adopted on Sept. 14, 1981 Contract with Carl Arthofer Address 2405 Cliff Drive CA 92663 Amount of Contract $ See Agreement /s/ Wanda E. Andersen WANDA E. ANDERSEN City Clerk WEA:lr City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 5 -81 CONTRACT FOR REIMBURSEMENT OF COST OF CONSTRUCTING SEWER MAIN THIS AGREEMENT, entered into this _ —day of , 1981, by and between the CITY OF NEWPORT BEACH, a unicipal corporation, hereinafter called "City ", and CARL ARTHOFER, hereinafter called "Arthofer "; WITNESSETH: WHEREAS, it is the policy of the City to require the owners of property served by water mains or sewer mains to pay the costs of construction of such mains as reasonably can be done (Chapter 14.32, Newport Beach Municipal Code); and WHEREAS, Arthofer is the owner of Parcel 1 of Resubdivision No. 392, City of Newport Beach, California, as shown on Exhibit "A" which is attached hereto and incorporated herein by reference; and WHEREAS, Arthofer has constructed at his own expense an eight inch (8 ") sewer main to serve Parcels 1, 2, 3, 4, 5 and 6 of Resubdivision No. 392 in an easement between West Coast Highway and Cliff Drive at a total cost of $18,705.22; and WHEREAS, Arthofer has filed an application wity City pursuant to Chapter 14.32 of the Municipal Code requesting that the Public Works Director determine areas of land which will be benefited by the construction of the sewer main and the amount to be paid for connection thereto by each parcel of land within the benefited area; and WHEREAS, the Public Works Director has determined that Assessors' Parcel No. 28 of Tract No. 919 and Parcels 1, 2, 3, 4, 5 and 6 of Resubdivision No. 392 as shown on Exhibit "A ", will be equally benefited by the construction of the sewer main and that at such time as said Parcel No. 28 is connected to the City sewer system a charge of $2,672.00 should be paid by the applicant for such connection; and in the event that Parcel No. 28 is subdivided into two parcels within the term of this agreement, an additional $2,004.00, should be paid by the applicant; and WHEREAS, Arthofer has requested reimbursement from City of connection charges collected for parcels of land within the area of benefit; 0 0 NOW, THEREFORE, the parties hereto agree as follows: 1. City agrees to require payment of $2,672.00 as a connection charge for sewer service to Parcel No. 28 or any portion thereof with an additional payment of $2,004.00 in the event that Parcel No. 28 is subdivided. Said connection charge is made pursuant to Chapter 14.32 of the Municipal Code and shall be in addition to all other lawful charges. 2. If such connection charge is collected by City within ten (10) years from January 30, 1975, the date said sewer main is accepted by City, then City agrees to pay said amount to Arthofer. 3. This contract is subject to all of the provisions, conditions and limitations contained in Chapter 14.32 of the Municipal Code and, in the event of any disagreement of the parties over the construction of this agreement, said Code sections shall be controlling. IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first above written. Approved as to form: City Attoirney CITY OF NEWPORT BEACH By %^ Mayor Pro Tem Attest: City Clerk L CARL ARTH ER STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) On , 1978, before me, the under- signed, a Notary Public in and for said State, personally appeared known to me to be the Mayor and , known to me to be the City Clerk of the Municipal Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the Municipal Corporation therein named, and acknowledged to me that such Municipal Corporation executed the within Instrument pursuant to a resolution of its City Council. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) On , 1978, before me, the under- signed, a Notary Public in and for said State, personally appeared known to me to be the President and , known to me to be the Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) 1 On Aor4 t)'C' - a5 1934, before me, the undersigned, a Notary Public in and for said State, personally appeared ('a-lu ilV-t &r�fic_ , whose name is subscribed to the within Instrument and acknowledged that #E executed the same. ♦••ee•e••e•••e•••••e•e•eee•♦ OFFICIAL SEAL INESS PHYLLIS A. DEUTSCH • °ffi NOTARY PUMAC -C..4' °`F:,;.• ., PRINCIPAL omrr iN e • ORANC C;Yi:VTY ! My Commission Expires JulyV'16, 1982 e••ee••ee•1••••e•e•e• Heee N•e STATE OF CALIFORNIA COUNTY OF ORANGE my hand and o cial seal. otar ub is in and for said State ss: On , 197 , before me, the undersigned, a Notary Public in and for said State, personally appeared , whose name is subscribed to the within Instrument and acknowledged that executed the same. Notary Public in and for said State 1 , 4 3 4' -' S G lI� PER OiP2999/ ,,+� Ih r U6•. •t412- •2408• •2404- •2400- y i It 4s ' 1 63. or. 4 j = lI� PER OiP2999/ ,,+� Ih s'r.4R .wr r�s I i It j = lI� PER OiP2999/ ,,+� Ih s'r.4R .wr I i It •Y3Y0•. • ?316•' •23/2• •x308• •2304; •1300� y�, rcc rs4� j = lI� PER OiP2999/ ,,+� Ih s'r.4R .wr I i It .O /RECTpj7a9 GEED' y�, rcc rs4� 05u lP 6 ✓ -. Ole j = lI� PER OiP2999/ ,,+� Ih •1210- •12 /G -, • F7 -,• 1 b-zu2S^ •Zxz9• -J •1214• 16 Mr� a _i�nR _ ICI • '.'1� I S: 1i6 IVp:�4,r M li ins yw •� ....: as ?'�h CITY OF NEWPORT BEACH DRAWN DATE PUBLIC WORKS DEPARTMENT APPROVED A f EA Bt /VEF/ T/N G FAfC /V PUBLIC WORKS DIRECTOR R.E. NO. — N�-w 11/111V DRAWING NO. cX// /15'/T /a lI� PER OiP2999/ ,,+� Ih i It .O /RECTpj7a9 GEED' �''�. Qa��,:: aa. ✓0742s49 �, Ali `e +.. � . CITY OF NEWPORT BEACH DRAWN DATE PUBLIC WORKS DEPARTMENT APPROVED A f EA Bt /VEF/ T/N G FAfC /V PUBLIC WORKS DIRECTOR R.E. NO. — N�-w 11/111V DRAWING NO. cX// /15'/T /a SEP 14 1981 By tha CITY COUNCIL CITY OF NEWPORT BEACH TO: CITY COUNCIL FROM: Public Works Department SUBJECT: SEWER COST REIMBURSEMENT CONTRACT (V) C_ -dGq I September 14, 1981 CITY COUNCIL AGE DA ITEM NO. LOCATION: Parcel Nos. 1, 2, 3, 4, 5, and 6 of Resubdivision No. 392 and Assessor's Parcel No. 28 of Tract No. 919 located on the south side of Cliff Drive between E1 Modena Avenue and Fullerton Avenue RECOMMENDATION: Adopt a resolution approving a sewer reimbursement contract with Carl Arthofer, and authorizing the Mayor and the City Clerk to execute the agreement. DISCUSSION: Pursuant to Section 14.32 of the Municipal Code, monetary reim- bursement may be provided in the form of a reimbursement agreement when a person constructs or advances money to construct a public sewer main and where future connections to the sewer main are possible. Mr. Arthofer constructed a public sewer main in conjunction with the development of a six -lot subdivision (Resubdivision No. 392) in 1973. In November 1973, Mr. Arthofer requested that a reimbursement agreement be pre- pared in order to recover a portion of his construction cost in the event that additional connections to the sewer main were made. Upon reviewing his request, it was determined that an agreement was not needed in that the adjacent properties would most likely sewer from the existing main located in an easement on the southerly side of Cliff Drive. Mr. Haskel, the owner of Asse, Mr. Arthofer's development, is presently residence. He has found that due to the service is below the existing sewer main Cliff Drive and has requested that he be structed by Mr. Arthofer. ssor's Parcel 28 just easterly of in the process of constructing a new design of his residence, his sewer located on the southerly side of allowed to connect to the sewer con- A reimbursement agreement has been prepared by the Public Works Department and executed by Mr. Carl Arthofer. According to the agreement, prior to Mr. Haskel's connecting to the sewer main, he will have to deposit $2,672 with the City, which will be paid to Mr. Arthofer. 0 0 September 14, 1981 Subject: Sewer Cost Reimbursement Contract Page 2 The agreement also has a clause stating that if Parcel 28 is subdivided into two parcels during the term of this agreement, an additional payment of $2,004 must be deposited with the City. It is recommended that the agreement be approved. Benjamin B. Nolan Public Works Director RLH:jd A � • • RESOLUTION NO.110 4-z' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A SEWER REIMBURSEMENT CONTRACT WITH CARL ARTHOFER AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT WHEREAS, Chapter 14.32 of the Newport Beach Municipal Code requires the owners of property served by water mains or sewer mains to pay the costs of construction of such mains as reasonably can be done; and WHEREAS, Arthofer is the owner of Parcel 1 of Resubdivision No. 392, City of Newport Beach, California, as shown on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, Arthofer has constructed, at his own expense, an eight inch sewer main to serve Parcels 1, 2, 3, 4, 5 and 6 of Resubdivision No. 392 in an easement between West Coast Highway and Cliff Drive; and WHEREAS, Arthofer has filed an application with City, pursuant to Chapter 14.32 of the Municipal Code, requesting that the Public Works Director determine the areas of land which will benefit by construction of said sewer main and the amounts to be paid for connection thereto by each parcel of land within the benefited area; and WHEREAS, the Public Works Director has determined that Assessor's Parcel No. 28 of Tract No. 919 and Parcels 1, 2, 3, 4, 5 and 6 of Resubdivision No. 392, as shown on Exhibit "A" hereto, will be equally benefited by construction of the sewer main and that at such time as said Parcel No. 28 is connected to the City sewer system a charge of $2,672.00 should be paid by applicant for such connection; and WHEREAS, in the event that Parcel No. 28 is subdivided into two parcels an additional payment of $2,004.00 should be paid by applicant; and 0 0 WHEREAS, if such connection charge is collected by City within ten (10) years from January 30, 1975, the date said sewer main was accepted by City, then City agrees to pay said amount to Arthofer, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: 1. City agrees to require payment of $2,672.00 as a connection charge for sewer service to Parcel No. 28 or any portion thereof, with an additional payment of $2,004.00 in the event Parcel No. 28 is subdivided. Said connection charge is made pursuant to Chapter 14.32 of the Newport Beach Municipal Code and shall be in addition to all other lawful charges. 2. If such connection charge is collected by the City of Newport Beach within ten years from January 30, 1975, the date said sewer main was accepted by City, then City agrees to pay said amount to Arthofer. 3. The Sewer Reimbursement Contract is subject to all provisions of Chapter 14.32 of the Newport Beach Municipal Code BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this _ day of SEP 14� 1981. ATTEST: City Clerk 9/14/81 2 Mayor 17 AN 17 6 17 lAv4e,..3 111 7 -like. ,Fezj la: .77 -4 -iw //wq-4 /Par ols"o. "Z �0/.Q—cc ro%-49 -E4lz: -2408. •?404• •?400• 41-1- 1 as " 1 lAv4e,..3 111 7 -like. ,Fezj la: .77 AN -iw //wq-4 /Par ols"o. "Z �0/.Q—cc ro%-49 s"p 419 vr-roe,l or--r' I I I 'Oro-, atop lAv4e,..3 111 7 -like. ,Fezj la: AIZ-1-v I'lA1111 -n hl AIR AN -iw //wq-4 /Par ols"o. "Z �0/.Q—cc ro%-49 s"p 419 4wop IN 1'r CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT A P\ E14 e6,Z-1VLc-/:-1 FIAI 67 Icri r, AIZ-1-v I'lA1111 -n hl AIR DRAWN- DATE APPROVED PUBLIC WORKS DIRECTOR R.E. NO. DRAWING NO. 'XI i. 11 AN ols"o. "Z s"p 419 DRAWN- DATE APPROVED PUBLIC WORKS DIRECTOR R.E. NO. DRAWING NO. 'XI i. 11