HomeMy WebLinkAboutC-2291 - Sewer Reimbursement Contract, Arthofer & City of Newport Beach--0 -------- - ---- -0
rfwPoRr CITY OF NEWPORT BEACH
p4 bm NEWPORT BEACH, CALIFORNIA 92663
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DATE
RECEIVED
FOR:
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RECEIPT
No. 22639
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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 ,
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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. —
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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. —
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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
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