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HomeMy WebLinkAboutCounty of Riverside Agreement Regarding Road and Bridge Benefits AGREEMENT REGARDING ROAD AND BRIDGE BENEFIT DISTRICTS This Agreement is entered into this 26th day of December , 1989, between the County of Riverside, State of California, hereinafter referred to as "County" and the City of Lake Elsinore, hereinafter referred to as "City". -, County, pursuant to Sactian EiVYOY of the t.g111U1i1id Government Code, adapted Riverside County Ordinance No. 460.66, allowing for establishment of road and bridge districts and the collection of road improvement fees; and WHEREAS, County, by Riverside County Resolution No. 88-242, adopted on May 24, 1988, established the Menifee Valley Road and Bridge Benefit District (hereinafter referred to as the "County District") , designated certain road improvements to be constructed by the county District, and established a road improvement fee schedule to pay for said road improvements; and WHEREAS, the County District includes an area designated as Zone A known as Cottonwood Canyon, which is now commonly known as Cottonwood Hills, as shown on the map attached hereto as Exhibit "A" and incorporated herein by this reference (hereinafter referred to as "Cottonwood") ; and WHEREAS, the road improvements to be constructed by the County District include certain improvements to Railroad Canyon Road along the length shown on the aforesaid Exhibit "A" (hereinafter referred to as the "Railroad Canyon Road Improvements") ; and WHEREAS, the proposed road improvement fees payable by Cottonwood to the County District total $8,340,000, and the County District's estimated cost to construct the Railroad Canyon Road Improvements is $9,105,000; and WHEREAS, City has approved (or will approve) the annexation of Cottonwood into the City; and WHEREAS, City has approved (or will approve) the establishment- of a district tentatively entitled the Railroad Canyon Road Benefit Reimbursement District (hereinafter referred to as the "City District") , which designates certain road improvements to be constructed by the City District and establishes a road improvement fee schedule to pay for said road improvements; and WHEREAS, the City District includes the property shown on the aforesaid Exhibit "A", which includes Cottonwood, and provides for road improvements which include the Railroad Canyon Road Improvements; and WHEREAS, for purposes of the County District and the City District, Cottonwood includes approximately 3.1 acres owned by the County which is designated as permanent open space in the Cottonwood Hills Specific Plan and, therefore, would not be subject to any fees charged by the county District or the City District; and WHEREAS, the parties wish to enter into this Agreement to provide for (i) the release of Cottonwood from the County District and the inclusion thereof in the City District, and (ii) the assumption by the City District of the obligation to construct the Railroad Canyon Road improvements and the elimination of such responsibility on the part of the County District. CONTRACT/AGREEMENT NO. 618 NOW, THEREFORE, for good and valuable consideration and the mutual promises contained here, it is agreed as follows: 1. Purpose of this Agreement. Immediately following execution of this Agreement, the county shall cause the County District to remove and release Cottonwood therefrom and to waive and relinquish any right to impose or collect any fees from Cottonwood, and the City shall cause the City District to include Cottonwood and to subject Cottonwood to the imposition of the road improvement fees by the City District. Concurrently therewith, the County shall cause the County District to remove and release the Railroad Canyon Road Improvements from its planned road improvement facilities, and the City shall cause the City District to assume the obligation to construct said Railroad Canyon Road • Improvements. 2. Completion of Railroad Canyon Road Improvements. It is acknowledged that a transition section of 500 feet more or less at the northerly terminus of Railroad Canyon Road extends beyond the boundary of the City into the County area. The City shall nevertheless cause the City District to construct and improve the entire length of the road, and the county hereby agrees to accept the dedication and maintenance of the portion of Railroad Canyon Road extending into its area upon the completion thereof. 3. Acknowledgments lay the City. The City acknowledges that (i) the conditions of approval for the Specific Plan 88-1 (Cottonwood Hills) and Vesting Tentative Map 23848 require that the construction of the Railroad Canyon Road Improvements be assured prior to the issuance of certain building permits and certificates of occupancies for Cottonwood; (ii) the City District requires the Railroad Canyon Road Improvements to be constructed in accordance with standards and widths that are acceptable to the County; (iii) the City has approved the establishment of the City District that includes Cottonwood and provides for the construction of the Railroad Canyon Road Improvements; and (iv) the City District will provide for fees to be paid by the developments included therein which are equal to or exceed the eatimated costs of the road improvements to be constructed..hr or on behalf of the City District, including the Railroad Casitan Road Improvements. 4. AckzWkledaments 12y t1 County. The County acknowledges that (i) the proposed road improvement fees payable by Cottonwood to the county District total $8,340,000, and the estimated cost to construct the Railroad Canyon Road Improvements is $13,686,900.00; and (ii) as a result of the foregoing, the County District will have an economic benefit as a result of the removal of Cottonwood and the Railroad Canyon Road Improvements from the County District. 5. hasignment. All terms, conditions and provisions hereof shall inure to and bind the parties hereto, and their respective successors and assigns. 6. Notices. Any notices required or desired to be served by either party upon the other shall be addressed to the respective party as set forth below: CITY COUNTY City Manager Road Commissioner City of Lake Elsinore County of Riverside 130 South Main Street 4080 Lemon Street, 8th Floor Lake Elsinore, CA 92330 Riverside, CA 92501 CITY OF LAKE ELSIjXO COUNTY OF RIVERSIDE BY• BY: m n ler, M or Chairm Bobrd of Supervisors Attest: Attest: BY:-- icki Kasad, City Clerk Geral Malone Clerk of the Boar Approved as to Form & Legality: ,ti aaaRov- BY: A k JOHN R. PE , T ORNEY r SUBMITTAL TO THE BOARD OF SUPERVISORS Q� COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 4 ° FROM: Ivan Tennant SUBMITTAL DATE: January 8, 1990 '� ,• Acting Road Commissioner and County Surveyor SUBJECT: Menifee Valley Road and Bridge Benefit District Agreement with the City of Lake Elsinore RECOMMENDED MOTION: Approve the attached Agreement with the City of Lake Elsinore, authorize the Chairman to execute said Agreement on behalf of the County, and direct the Clerk of the Board to provide executed copies to the City of Lake Elsinore and LAFCO. JUSTIFICATION: The City of Lake Elsinore has recently annexed an area easterly of the City, which is part of the County' s Menifee Valley toad and Bridge Benefit District. The purpose of this Agreement is to withdraw this area from the County' s District, and also relieve the County of any responsibility for the construction of Railroad Canyon Road within this area. The agreement has been reviewed by the Road Department and County Counsel. We feel that the Agreement adequately protects the County' s interest, and recommend that your Board approve the Agreement. The Agreement has already been executed by the City. Once the Agreement is fully executed, we will initiate the appropriate amendments to the Menifee Valley Road and Bridge Benefit District. IT:ES:lg Ivan a 'ant Attachment Acting Road Commissioner cc: Tim Davis, County Counsel and County Surveyor CAQ REAMEDram} REAMED BY ADMI WMT ( WE' k_ DATE 6 ,o M T NI ITFC nF THE AnARD QF PE 1PFRV T f1RS of Supervisor. Abraham, seconded by Supervisor Y �, u duly carried by unanimous vote, IT WAS ORDERED that he above matter is approved as recommended . Ayes: Younglove, Ceniceros, Dunlap , Larson and Ab aham ©es: None Gerald A Ma ey bsent : None Cl rk t and ate: January 23, 1990 By:_ __ __ ___ _ c : Road , Co .Co . , Auditor Deputy 0,s-, .e- Prev. Agn. ref. Depts. Comments Dist. AGENDA NO. 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