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HomeMy WebLinkAbout96-1810 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 96-18 RESOLUTION OF THE UKIAH CITY COUNCIL AUTHORIZING THE M~YOR TO EXECUTE A NOTICE OF CANCELLATION PERTAINING TO THE SIGNALIZATION FEE IMPOSED ON LOTS WITHIN THE REDWOOD BUSINESS PARK OF UKIAH, UNIT ONE, SUBDIVISION WHEREAS, the Ukiah City Council passed and adopted Resolution No. 86-41 approving Tentative Subdivision Map No. 86-48 of the Redwood Business Park, on April 16, 1986, said resolution requiring the developer to contribute 50% to the Talmage-Airport Park Blvd. Signalization Fund and payment to the Fund to be pro-rated over the development of the project based on the formula that meets the approval of the City Council; and WHE~, the Ukiah City Council approved the Redwood Business Park Traffic Signal Participation Fund formula at $1,707/acre on April 20, 1988; and WHEREAS, the Ukiah City Council passed and adopted Resolution No. 88-40 approving Final Map for Redwood Business Park of Ukiah, Unit One, on April 20, 1988; and WHEREAS, a Signalization Fee note was placed on the Final Map stating, "the Lots shown hereon are subject to payment of a Traffic Signal Participation Fee payable with the first Building Permit issued for each Lot created by this subdivision," and said Final Map was recorded on June 24, 1988, in Case 2, Drawer 47, Page 24, records of Mendocino County; and WHEREAS, a tri-party agreement implementing conditions of approval was executed on February 12, 1993, between Redwood Business Park of Ukiah, Wal-Mart Stores, and the City of Ukiah, and said tri-party agreement required the parties to financially participate in the construction of the traffic signal at Talmage 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Road and Airport Park Blvd., and the provisions of paragraph 1.4 of said tri-party agreement eliminated the Traffic Signalization Fee to be imposed on all Lots within the Redwood Business Park of Ukiah, Unit One, Subdivision, excepting Lot B2; and WHEREAS, Redwood Empire Title Company of Mendocino County has requested the City to execute a Notice of Cancellation confirming that the requirement for payment of the Traffic Signal Participation Fee for all Lots in the Redwood Business Park of Ukiah, Unit One, Subdivision, other than Lot B2, was voided by the provisions of said tri-party agreement. NOW THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized to execute a Notice of Cancellation confirming that the requirement for payment of the Traffic Signal Participation Fee related to the Talmage Road and Airport Park Blvd. traffic signal to be imposed on all Lots in the Redwood Business Park of Ukiah, Unit One, Subdivision, other than Lot B2, has been voided by the provisions of an Agreement Implementing Conditions of Approval, executed on February 12, 1993 by and between Redwood Business Park of Ukiah, Wal-Mart Stores, and the City of Ukiah. PASSED AND ADOPTED this 4th day of October, 1995 by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter NOES: None ABSENT. Councilmember Wattenburger ATTEST: , City Clerk 4 :Res :RBP Fred Sch~