none, Install satelite dish, Correspondence•
Ci4 0/ iJtL. wee
B. ALLEN LAY
Mayor
DR. JAMES BLACK
Mayor Pro Tem
THOMAS F. HEINSHEIMER
Councilmember
FRANK E. HILL
Councilmember
GODFREY PERNELL, D.D.S.
Councilmember
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
July 11, 2006
Mr. Richard Colyear
35 Crest Road West
Rolling Hills, CA 90724
Dear Mr. Colyear:
Enclosed please find information relative to the formation of the Johns Canyon
Road/Chestnut Lane Private Sanitary Sewer Reimbursement District. The City's role in
this process was to provide the mechanism to safeguard the reimbursement of the
original funding property owners that constructed this sanitary sewer system. The
enclosed information will provide you with background regarding this process.
We have an extensive file on this district. We suggest that you may want to review this
file at City Hall. The best process to move forward with potentially extending a sewer
line could be identified based upon the number of properties involved and may
necessitate the use of professional consultants hired by the City at an appropriate time.
Thank you again for your inquiry. Please let me know if you have any questions.
Thank you for your cooperation and support.
Sincerely,
/$1
Craig R. ealis
City Manager
CRN:mlk
07-11-06colllear-1 ir.doc
cc: City Council
Mike Jenkins, City Attorney
Rafael Bernal, District Engineering Associate, LA County
Yolanta Schwartz, Planning Director
rtmtcsl of I . !c `.rlr.ti S'o+n• t
• •
SEWER CONNECTION REIMBURSEMENT AGREEMENT
This Sewer Connection Reimbursement Agreement is made
and entered into this 22nd day of November , 1993, by and
between the City of Rolling Hills, a municipal corporation
(hereinafter "City") and David and Kimberly Stone, Joseph and
Susan Carey, William and Susan Peters, Paul and Jennifer
Hennessey and Wanda Lester, property owners in the City of
Rolling Hills (hereinafter collectively referred to as "Owners")
RECITALS
A. Owners, the owners of real property located along Johns
Canyon Road and Chestnut Lane in the City of Rolling Hills,
desire to construct a private sanitary sewer system in order to
service their homes, in lieu of presently existing on -site
wastewater management systems. It is contemplated that said
system will be constructed within an easement of the Rolling
Hills Community Association of Palos Verdes (hereinafter "the
Association"), and will be maintained by the Los Angeles County
Consolidated Sewer Maintenance District (hereinafter "Maintenance
District"), upon its annexation into that District.
B. Owners intend to construct the sewer system at their sole
cost and expense. However, as it is anticipated that at some
future time, other presently non -participating property owners
may desire to connect into the system as an alternative to onsite
wastewater management. Owners desire to establish a mechanism to
charge such property owners their proportionate share of the
initial construction cost and obtain pro rata reimbursement from
said charge.
C. City encourages private development of sanitary sewers as
contemplated hereinabove, and in furtherance thereof, has adopted
Ordinance No. 234 (codified as Chapter 13.16 of Title 13 of the
Rolling Hills Municipal Code, and hereinafter "Chapter 13.16").
Under Chapter 13.16, City may establish a sanitary sewer
reimbursement district and enter into a reimbursement agreement
with property owners to provide a method of reimbursement for the
•initial capital construction cost of constructing private sewer
systems.
D. This Agreement is entered into pursuant to the authority
contained in Chapter 13.16, in connection with the formation of
Sanitary Sewer Reimbursement District No. 93-1 (hereinafter
"District").
931228 R6980-00001 clm 0563733 0
NOW, THEREFORE, in consideration of the foregoing and the
mutual covenants set forth herein and the mutual benefits to be
derived therefrom, the parties agree as follows:
Section 1. Ownership interests.
Owners are, respectively, the property owners of the
following parcels of real property located in the City of Rolling
Hills:
Stone, David & Kimberly
#9 Johns Canyon Road Lot 1 of Tract
Carey, Joseph & Susan
#10 Johns Canyon Road Lot 1 of Tract
Peters, William & Susan
#11 Johns Canyon Road Lot 2 of Tract
Hennessey, Paul & Jennifer
#12 Johns Canyon Road Lot 7 of Tract
30605 per M.B. 825/81-82
24669 per M.B. 787/33-34
30605 per M.B. 825/81-82
30605 per M.B. 825/81-82
Lester, Wanda
#2 Chestnut Lane Lot 2 of Tract 24669 per M.B. 787/33/34
Section 2. Reimbursement district territory.
The territory included within the District established
by action of the City Council of City includes the following
parcels of real property, as shown on the diagram attached to
this Agreement as Exhibit A and incorporated herein by this
reference thereto:
#9 Johns Canyon Road
#10 Johns Canyon Road
#11 Johns Canyon Road
#12 Johns Canyon Road
#2 Chestnut Lane
#4 Chestnut Lane
#6 Chestnut Lane
Lot 1
Lot 1
Lot 2
Lot 7
Lot 2
Lot 3
Lot 4
of
of
of
of
of
of
of
Tract
Tract
Tract
Tract
Tract
Tract
Tract
30605
24669
30605
30605
24669
24669
24669
per M.B.
per M.B.
per M.B.
per M.B.
per M.B.
per M.B.
per M.B.
825/81-82
787/33-34
825/81-82
825/81-82
787/33-34
787/33-34
787/33-34
The above -described properties are those determined by the City
Engineer to consist of all territory which could be connected to
the proposed sewer system.
931228 R6980-00001 cim 0563733 0 - 2
• •
Section 3. Improvements.
The improvements to be constructed by Owners (referred
to variously as "improvements" and "the sewer system") shall
consist of the following: Sanitary sewers and appurtenant
structures as more particularly described in Private Contract No.
90-1, attached hereto as Exhibit B and incorporated herein by
this reference thereto.
Section 4. Cost of improvements.
The estimated cost of the improvements is $112,000, as
is more particularly set forth in Exhibit B. The actual total
cost of the improvements will be set forth as an amendment to
this Agreement.
Section 5. Cost of Connections.
The actual cost of connections to the improvements for
each of the participating properties described in Section 1 above
shall equal the Actual Total Cost of Improvements multiplied by
1/7. The sewer connection fee to be charged to presently non-
participating property owners after completion of the
improvements shall be based on the following formula: [Actual
Total Cost of Improvements multiplied by 1/7) plus [Reimbursement
District Preparation Fee multiplied by 1/7).
Section 6. Disposition of connection charge.
City shall deposit the sewer connection charge
established for connecting to the improvements into a sewer
connection trust fund. At the end of the fiscal year during
which the funds were so deposited, City shall distribute the
funds in equal amounts to Owners.
Section 7. Reimbursement District preparation fee.
City encourages private development of sanitary sewers
and intends for this District to constitute a model for the
establishment of future districts. The administrative costs
associated with establishment of the District are a one-time
expense and the documents prepared by City staff will be usable
in connection with future districts, which will be of benefit to
the health and safety of the community. Accordingly, City waives
payment of $2,000.00 of its out of pocket costs, including staff
and City Attorney time, associated with formation of the
District.
931228 R6980-00001 clm 0563733 0 — 3 -
Section 8. Additional responsibilities of parties.
Owners shall be responsible for acquiring necessary
easements from the Association for construction of the
improvements, constructing the improvements at their sole cost
and expense and thereafter maintaining them in satisfactory
working condition until annexed into the Maintenance District.
City agrees to use its best efforts to effectuate annexation of
the District into the Maintenance District, and will execute
documents necessary for that purpose.
Section 9. Indemnification.
Owners shall indemnify, defend and hold harmless City,
and its officers and employees, from and against any and all
liability, causes of action, claims, damages, losses, judgments
and expenses, including but not limited to attorney fees and
costs of defense, arising from Owners' negligent or wrongful
actions and omissions in the construction and operation of the
improvements until annexed into the Maintenance District.
Section 10. Permits.
Owners shall obtain all necessary permits and approvals
required for construction of the improvements.
Section 11. Notices.
Any notices to be given hereunder by either party to
the other may be effected in writing either by personal delivery
or by mail, registered or certified, postage prepaid with return
receipt requested, addressed to the parties as follows:
City: City of Rolling Hills
Attn. City Manager
2 Portuguese Bend Road
Rolling Hills, CA 90274
Owners: As set forth in Section 1 hereinabove
Section 12. Termination.
City may terminate this Agreement in its sole
discretion if the improvements are not completed by December 31,
1994, unless this deadline is extended by mutual agreement of the
parties; otherwise, this Agreement shall remain in full force and
effect.
•
931228 R6980-00001 clm 0563T33 0 — 4
• •
Section 13. Entire agreement.
This Agreement is the entire agreement of the parties
with respect to the subject matter hereof, and supersedes any and
all agreements, either oral or written, between the parties
pertaining to the same subject matter. This Agreement contains
all of the covenants and agreements between the parties with
respect to the subject matter hereof. All of the parties hereto
acknowledge that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or
anyone acting on behalf of any party, which are not embodied
herein, and that no other agreement, statement or promise not
contained in this agreement shall be valid or binding.
Section 14. Modifications.
Any modification of this Agreement will be effective
only if it is in writing and signed by the parties.
Section 15. Authority.
All of the parties hereto represent and warrant that
they have authority to sign this Agreement on their own behalf
and that this is a legally binding obligation. The parties
acknowledge that they have read this Agreement in its entirety
and fully understand the terms, nature and effect of this
Agreement, which they execute voluntarily.
Executed as of the day and year first above -written.
CITY OF ROLLING HILLS
By:
[Signatures continue]
931228 R6980-00001 clm 0563733 0 — 5 -
MAYOR
•
•
ATTEST:
/1 //di
'City Clerk
931228 R6980-00001 clm 0563733 0 — 6
OWNERS:
David & Kimberly Stone
Jose
i
& Su
an Carey
WA4L13 ( /L
William & Susan Peters
„Z/t
Paul & Jennifer Hennessey
Wanda Lester -5-W4: t
l
• •
e:i, of erAIZC}. iiii4 INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: 1310) 377.7288
Agenda Item No.: 9-A
Mtg. Date: 11/27/95
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CRAIG R. NEALIS, CITY MANAGER
SUBJECT: RESOLUTION NO. 772: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROLLING HILLS ACCEPTING OFFERS TO DEDICATE
AND EASEMENTS RELATING TO SEWER SYSTEM IN THE CITY OF
ROLLING HILLS.
DATE: NOVEMBER 27,1995
BACKGROUND
As you recall, several years ago the City was approached by five property owners in
the Johns Canyon/Chestnut Lane area with the hopes of privately constructing a
sanitary sewer system for their homes. At that time, it was proposed that the
County or the Sanitation Districts of Los Angeles County would operate and
maintain the system and that a mechanism could be created to ensure a
reimbursement process to financially protect the investment of the original funding
property owners.
The sewer has been constructed per the plans of the ASL Sewer Construction Survey
for the City of Rolling Hills. Members of the City Council created a Sanitation Sewer
Reimbursement District on November 11, 1995, which ensures financial
reimbursement of a pro rata share of funds to the original funding property owners
in the event a non -funding adjacent property owner chooses to connect to the
system.
Staff and the City Attorney's office have worked to create the most simple method
for County maintenance of this private sewer system. As you recall, we had
received mixed messages from the County relative to their willingness to maintain
this system. At this point, these issues have been resolved and previously, the City
Attorney advised members of the City Council as to the options in this matter. The
option of the City accepting the offers of dedication and easements for public use and
annexing the system to the County Sanitation Maintenance District for sewer
operation and maintenance was deemed the most acceptable option.
-1-
The Resolution before you this evening causes the City to formally accept these
easements from these private property owners and requests the County to annex the
property served by the system for maintenance, operation and responsibility
purposes. We have verbal confirmation from the Los Angeles County Department
of Public Works that they will accept the sewer. The five property owners will be
assessed annually by the County of Los Angeles for maintenance service. It is
estimated that this will be less than $25.00 per year, per household.
Once the City accepts these sewers, the Department of Public Works will present this
item to the Los Angeles County Board of Supervisors for consideration. We do not
foresee any difficulties at that level.
RECOMMENDATION,
It is recommended that members of the City Council adopt Resolution No. 772
accepting the dedication and easement of these sewers.
CRN:mlk
res772.sta
-2-
C.tYTY OF LOS ANGELS
DEPARTMENT OF PUBLIC WORKS
IIARRY W. STONE. Director
October 18, 1994
The City Council
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
Dear Council Members:
900 SOUTII FREMONT AVENUE
ALIIAMIBRA. CALIFORNIA 91803-1331
Telephone:1818)458-5100
vr..n-,81::„-vrIv\t\
: ° :'.
OCT
ciTY QF. AOJ.1.UN5 H}LtS •
ADDRESS ALL CORRESPONDENCE TO
P 0 BOX 1-60
ALIIAAIRRA.CALIFORNIA 91802-1460
IN REPLY PLEASE B _ 9
REFER TO FILE,
ACCEPTANCE OF SANITARY SEWER
The sanitary sewer project constructed under Rolling Hills Private
Contract No. 90-1 has been completed in compliance with the plans and
specifications and in a manner satisfactory to the City Engineer.
The construction of the sewer is not deemed complete until the work is
approved and accepted as complete by the City Council, and the sewer is
not deemed public property until the enclosed Offer of Dedication is
formally accepted by the City Council.
IT IS RECOMMENDED THAT YOUR COUNCIL:,
Approve the work and accept for public use the sanitary sewer
offered for dedication by Wanda L. Lester, Joseph S. and
Susan S. Carey, Paul and Jennifer Hennessey, William R. and
Susan W. Peters, Kimberly Gold and David N. Stone as indicated
on the enclosed map.
After the sewers become public property by your formal acceptance.,
proper maintenance can be provided and the City Engineer can issue
permits for additional connections and extensions of the main line sewer
for the use of the other residents of the City. Please return a copy of
this letter to this office showing the action taken by your Council.
Respectfully submitted,
HARRY W. STONE
Director of Public Works
Al:lpl
Dl/CityRH
Enc.
. RESOLUTION NO. 772 •
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS ACCEPTING OFFERS TO DEDICATED AND
EASEMENTS RELATING TO SEWER SYSTEM IN THE CITY OF
ROLLING HILLS
RECITALS
A. A sanitary sewer project was constructed under private contract
number 90-1 in the City of Rolling Hills in the Johns Canyon Road area (the "sewer
system").
B. The sewer system is within the jurisdiction of the County of Los
Angeles Consolidated Sewer Maintenance District (the "District").
C. The County of Los Angeles Public Works Department (the "County")
may assume all responsibility for the operation and maintenance, including the obligation
to repair or replace determined by the District to be necessary, sewer systems that are (1)
within the jurisdiction of the District, (2) built in accordance with County standards, and
(3) dedicated to public use.
D. In order for the County to operate and maintain the sewer system, it
must be deemed to have been built in accordance with County standards and dedicated to
public use.
E. The County has indicated it needs the as -built plans in order to confirm
that the sewer system was built in accordance with County standards and that dedication to
public use can be accomplished by the City accepting offers of dedication and easements
from the owners of the sewer system.
F. The owners have executed offers of dedication and easements, each of
which is attached hereto as Attachment A and filed herewith.
G. In accordance with the provisions of Government Code Section 7050,
the City of Rolling Hills now desires, by the adoption of this Resolution, to accept the
above -referenced offers and easements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
RESOLVES AS FOLLOWS:
Section 1. The City of Rolling Hills accepts, on behalf of the public for
public use, the offers of dedication and easements attached hereto as Attachment A. The
acceptance is made on the understanding that it is necessary in order for the County to
assume all responsibility for the operation, maintenance of the sewer system, including
the obligation to repair or replace it as determined by the District to be necessary.
Section 2. The City hereby requests the County of Los Angeles Consolidated
Sewer Maintenance District to annex the property served_ by the sewer system and
Resolution No. 772 -1-
immediately commenceeration and maintenance of an•.,umption of responsibility
for the sewer system.
Section 3. The City Manager, or his designee, is authorized to take such
steps as may be necessary to effectuate the purposes of this Resolution, including but not
limited to (1) causing to be recorded with the Los Angeles County Recorder's Office a
certified copy of this Resolution and executed copies of the offers and easements, (2)
providing the County copies of the foregoing documents and the as -built plans for the
sewer system on file in the office of the City Engineer.
PASSED, APPROVED and ADOPTED this 27th day of November, 1995.
Godfrey Pernell, D.D.S.
Mayor
ATTEST:
Marilyn L. Kern
Deputy City Clerk
The foregoing Resolution No. 772 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS ACCEPTING OFFERS TO DEDICATED AND
EASEMENTS RELATING TO SEWER SYSTEM IN THE CITY OF
ROLLING HILLS
was approved and adopted at a regular meeting of the City Council on November 27, 1995,
by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Marilyn L. Kern
Deputy City Clerk
Resolution No. 772 -2-
:iRTIFICATE OF ACCEPTANCie
This is to certify that the interest in real property conveyed by the deed or grant dated to the
City of Rolling Hills, a municipal corporation and governmental agency, is hereby accepted
by order of the City Council on November 27, 1995, (or by the undersigned officer or agent
on behalf of the City Council pursuant to authority conferred by resolution of the City
Council adopted on November 27, 195,) and the grantee consents to the recordation thereof
by its duly authorized officer.
Dated:
Resolution No. 772
1995 By:
City Clerk
.,
PC-7 7-86
•
•
ot=
OFFER OF DEDICATION
Honorable City Council
City of'a11,n_s H;1/S
California
I�
• II
JUN 2 5 ?991
Me herby declare that the sanitary sewers and appurtenant struc-
tures constructed under Private Contract No. 90-1 in accordance
with the plans filed in the Office of the City Engineer are built
for public use and that upon their acceptance by the City of
Rolling Bills all right, title and interest of the undersigned
in and to said sewers shall vast in said City.
(corporate seal)
Winn )-e.S
(print name under each signature)
Sudscribed and:acknowledged to before
me the s / 77� day f
,19 7( .
Notary 1ublic in and for the County
of Los Angeles, State of California
•
Note:
If the above instrument is executed
by a corporation or partnership,
appropriate notary acknowledgments
are to be attached:
OFFICIAL SEAL.
JOYC E F. W
Notary Pubic -Califon -go •
Los Ah#GELES COUNTY '
My C.amg$m Exp ci
Fobruorrry 16, 1995
•
PC-7 7-86
•
e of 5-
OFFER OF DEDICATION
Honorable City Council
City of /ZOLi-i/-:G.- /4(LL5
California
JUN ! ? 199
V.
We herby declare that the sanitary sewers and appurtenant struc-
tures constructed under Private Contract No. 90-1 in accordance
with the plans filed in the Office of the City Engineer are built
for public use and that upon their acceptance by the City of
Rolling Hills all right, title and interest of the undersigned
in and to said sewers shall vast in said City.
(corporate seal)
.P-1\\'\,
x
s eg.
(print name under each signa� e)
cS'us7
Sudscribed and' acknowledged to before
me this day of
/21,,9-7 , l9 ?/.
� � EL
New Lau c-c
Comm
149.1
/(otary Publ�'c in and for the County
of Los Angeles, State of California
Note:
If the above instrument is executed
by a corporation or partnership,
appropriate notary acknowledgments
PC-7 7-86
•
3 OF 6-
OFFER OF DEDICATION
Honorable City Council
City of f ou:1i6
California
.;:1i4 1 ; 1991 •
T.
. 11:
We herby declare that the sanitary sewers and appurtenant struc-
tures constructed under Private Contract No. 90-1 in accordance
with the plans filed in the Office of the City Engineer are built
for public use and that upon their acceptance by the City of
Rolling Hills all right, title and interest of the undersigned
in and to said sewers shall vast in said City.
(corporate seal)
6 .11/4;sie55c1
(print ne under each signature)
Sudscribed and acknowledged to before
me this . /j.ty day of
M,¢,.y i ,19 9/.
Nota Public in and for the County
of Los Angeles, State of California
Note:
If the above instrument is executed
by a corporation or partnership,
appropriate notary acknowledgments
are to be attached.
r; t AL SEAL
WILLIAM A. HERRO
Notary Public - California
PRINCIPAL OFFICE IN
L. A. COUNTY
My Comm. 1a0. Nat. 20, 1991
PC-7 7-86 •
•
4 OF
OFFER OF DEDICATION
Honorabl C't C un 14-9
�l
City of
California
Yit4, :, ;991
'aU Di.
We herby declare that the sanitary sewers and appurtenant struc-
tures constructed under Private Contract No.90-1 in accordance
with the plans filed in the Office of the City Engineer are built
for public use and that upon their acceptance by the City of
Rolling Hills all right, title and interest of the undersigned
in and to said sewers shall vast in said City.
(corporate seal)
OmcwL SEAL
JOYCE F. L1U
Notary F-CaStomNa •
LOS ANGELES COUNTY
Expires '
16. 1945
L7�
SLr5AM J. 7'Fif,e5
(pi -in name under each signature)
Subscribed and•aclmowledged to before
me this ,. day of
,/".9el ,19W•
z•
6a Public in and for the County
(�
Los Angeles, State of California
Note:
If the above instrument is executed
by a corporation or partnership,
appropriate notary acknowledgments
are to be attached.
PC-7 7-86
• •
• 5 0 F 5-
OFFER OF DEDICATION
Honorable City Council
City of 2ctu u6 HILLS
California
SUN2,51991
LM,J� •• L:►.v
We herby declare that the sanitary sewers and appurtenant struc-
tures constructed under Private Contract No.90-1 in accordance
with the plans filed in the Office of the City Engineer are built
for public use and that upon their acceptance by the City of
Rolling Hills all right, title and interest of the undersigned
in and to said sewers shall vast in said City.
(corporate seal)
Alqy
X
rt., 6s H s-t.„-a-
dacf # _
i)Pv/() AL Sj1',t•F
(print name under each signature)
Sudscribed andcknowledged to before
me this ,-70aday
MrN\I ,19
No : r'y''T . :cf and for the County
o Los _eles•, State of California
Note:
If the above instrument is executed
by a corporation or partnership,
appropriate notary acknowledgments
are to be attached.
OFFICIAL SEAL
•t'{ NOTARY PUDOC.CA OrOF IA
/ LOS ANGELES COUNTY
.KY COMM. EXP. APR. 20, 1993
-:f:r'':
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PvA L�
00
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I
EX/5T. 6ll Val?
SEWER PC.441
TRACT
033 i 7
5Y
NOTE :
NUMBERS IN CIRCLES
/NOICATE PAGE NUMBER5
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C-13
INDEX MAP
MORGAN LANE ET AL
CITY OF ROLLING HILLS
PC. 90 -1
7"G. 72 - F6
SCALE :1n=60OI
APPRovED:
T. A. TI DEMANSON
CITY MGIN R
G.( 9111
R.E. N° 31
CITY ENGIREER`G OFFICE