HomeMy WebLinkAboutContracts & Agreements_9-1955 THIS AGREEMENT made and entered into in duplicate this
19th day of November, 1954, by and between the CITY OF REDLANDS,
a municipal corporation organized and existing under and by
virtue of the laws of the State of California, as party of the
first part, and ESTHER MARSHALL, as party of the second part,
WI T N E 3 S E T H:
' HEREAS said Esther Marshall, party of the second part,
is the owner of an undivided one-half (1/2) interest in and to
all that certain real property situate in said City of Redlands,
County of San Bernardino, State of California, described as
f ollows, to-wit :
Lot 4 in Block 27, SECOND PRELIMINe,.RY MIP OF
REDLANDS, County of San Bernardino, State of
California, as per plat recorded in Book 5,
Page 2 of Maps, saving and excepting that
port,i,an .'a ed to the City of Redlands for
West State Street by deed recorded November
16, 1896, in Book 227 of Deeds, page 286,
Records of said county.
which said land is improved with an orange grove,
NHEREAS said City of Redlands, a municipal corporation,
desires to acquire, on the terms and conditions hereinafter set
forth, an easement and right of way for street and utility
purposes in, on and over a strip of land 40 feet wide along the
northeasterly boundary of said Lot 4 in said Block 27, said
northeasterly, boundary to be' the northeasterly boundary... of" said'
.stripof land. 40..feet. wide,. for the opening and extension of
Center Street in said City of Redlands in a direct line with a
uniform width of 80 feet from the northwesterly boundary of
Brookside Avenue to the southeasterly boundary of State Street,
all in said City of Redlandsllr of which 89 feet the Northwesterly
40 feet thereof has been or is being dedicated and conveyed to
the said City of Redlands for street aid utility purposes by the
subdivider or subdividers of land lying northeasterly of and
adjoining said Lot 4 in said Block 27 ,
NOW, THEREFORE, in consideration of the acts and agree-
vents of said City of Redlands, said party of the first part,
hereinafter set forth and the performance thereof, said Esther
Marshall, said party of the second part, does hereby agree to
grant and convey to said City of Redlands an easement and right
of way for street and utility purposes in, on, upon, over and
across all that certain real property described as follows, to-wit :
That portion of Lot 4, Bloch 27, SECOND PRELIMIN-
ARY MAP OF REDLANDS, in the City of Redlands,
County of San Bernardino, State of California,
as per plat recorded in Book 5 of Maps, Page 2,
records of said County, described as follows .
Beginning at the intersection of the East lane
of said Lot 4 with the North lane of Brookside
Avenue as shown on said Map ; thence Southwesterly
along; t_-=e North line of Brookside Avenue 40 feet ;
thence North parallel with the East line of Lot 4
to a point on the Southerly lane of State Street
as shown on said Map, said point being measured
4 ; thence Northeasterly along the Southerly li e
of State Street to its intersection with the
East line of said Lot ; t1ence Southeasterly along
the East line of Lot 4 to the point of beginning,
to the extent of her undivided one-half �( 1 f 2) ', iterest :�a.n and to said
real property, subject however, to any and all state, county and
city general and special taxes and assessments and any and all rights
of record ;
knd said City of Redlands, said party of the first part,
in consideration of such grant and conveyance of such easement and
right of way for street and utility purposes does hereby covenant
and agree
,� �,Tith s aid d Esther° Marshall, said. party of the second 'part",
her heirs. exe,cutprs, .administrators and successors in interest as
fellows, to-wit-
(1) �t its own cost and expense to pave the easterly
eight ( ) feet of said forty (40) feet easement and right of
way, thereby making the same a part of the paved easterly
forth (40) feet of said Center Street adjacent to and extending
along the entire northeasterly length of said Lot 4 in said
2.
Block 27 from said Brookside Avenue to said State Street ;
(2) Int its own cost and expense to replace and
relocate the existing irrigation pipe line which is now in
existence along the northeasterly side of said Lot 4 in said
Block 27 and used for irrigation purposes on said lot with an
eight inch (8") pipe line, together with the necessary water
connections therefor, which said pipe line so replacing said
already existing irrigation pipe line shall be located approx-
imately five feet, more or less, westerly from the westerly
line of said 40 foot easement and right of way so agreed to be
granted and conveyed by said party of the second part to said
Darty of the first part as hereinbefore set forth, all of the
work of such replacement andrelocation to be done in a good
and workmanlike and in such manner that when such eight inch
pipe line and its connections has been so installed the same
will properly supply water for irrigation of said Lot 4;
'
(3) Not to remove or cause o 'be re .to
ved::"anti I :neces-
sary for vhe welfare and best interests of said City of Redlands
the two rows of citrus trees now on said 40 foot strip ; the
owner of said Lot 4 to continue to have the right to cultivate
said trees and to have the produce thereof until such time as
said city of Redlands upon reasonable notice will require such
trees to be removed, the cost and expense of which removal
shall be borne and paid by said City of Redlands;
(4) At its own cost and expense to install a sewer line
running from .Texas... Street . .:in said City through said Center Street
to said Brookside Avenue, which said sewer line shall be available
to the owners of said Lot 4 in said Block 27, their heirs, execu-
tors, administrators and successors in interest, subject to the
usual sewer charges required on all subdivisions and household
connections but without additional charge for the capital cost
of said main sewer line, the capital expenditure of which is not
to be Oharged now or in the future against the said Lot 4; and
3.
( 5) Not to require any improvement or improvements
on said 40 foot strip to be made, paid for or financed tt
any time by said party of the second part or the oUmer or
owners of said Lot 4 in said Block 27, until such time as
the said real property is subdivided.
IN :'IITNESS WHEREOF the said City of Redlands, said party
of the first hart, has caused this agreement to be executed and
its corporate seal to be affixed hereto by its undersigned
officials thereunto duly authorized and said Esther Marshall,
said party of the second part, has executed this agreement the
day and year first above written.
CITY OF REDL NDS, a municipal corporation,
By 6�4 —a/
May" o the City of Redlands,
Caornza.
Attest :
Cit Clerk of the C' y ot
City �
PARTY OF THE FIR•ST F_iT
Esther Marshall
PARTY OF THE SECOND .PART