HomeMy WebLinkAboutContracts & Agreements_10-55 ED
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AGREEMENT eat BT93940
) o oFIrcrar.;,t:coRns
TED R C40fh OCflORYY,4*LW,i
ThIS AGREENEET, made this 7th day of Uctober, 1952, by 6Rd"0"M
between J. L. B. BOULLI0U"iY and ALICE M. BQULLIQUN, husband and wife ,
party of the first part, and the City of Redlands, a =Eicipal
corporation, party of the second part,
vdITNES,SEM: m
c
That in consideration of mutual agreements by and between the �
parties hereto, and for other valuable consideration, the receipt of
which is hereby acknowledged by each party, the parties hereto coo
hereby agree as follows:
That the said J. L. B. Boullioun and Alice L. Boullioun, party
of the first part, coo hereby agree to permit and consent to the
annexation by the said City of hedlands, party of the Second part,
and to the incorporation to the said City of the following described
real property:
P.=y CT,±;L I
Lot 41 of Tract No. 2875, Valley Vista Tract, Records
of San Bernardino County, California.
and
P RCEL II
All that portion of Lot 3, Mock 27, of hentone , An
Bernardino County, California, as per plat thereof
recorded in Boob 8 of leaps, at rage 81, records of
the County Recorder of San Bernardino County,
described as follows:
Beginning at the northwest corner of Lot 42, Tract
No. 2875, Valle Vista. Tract, as ner plat thereof
recorded in Book 45 of laps, at Pages 48, 49 and 50,
records of the County Recorder of Sa.n Bernardino County;
thence South along the gest line of Lot 42 of said Tract
No. 2875, 20 feet; thence due West along the north line
of Lot 41 of said Tract No . 2875 , 101. 36 feet thence
due North 36.19 feet; thence aouth 806 55 ? 30" East,
101.44 feet to the point of beginning.
(That above described parcel is a portion of the property
this day being conveyed by the City of nedlands to the
said J. L. 3. Boullioun and Alice L. Boullioun. )
ind the said J . L. B. Boullioun and Alice n. 3oullioun, for themselves,
their heirs, executors and assigns agree that they will execute any
and all instruments, including petitions, consents and other documents,
necessary or required to make possible the annexation to the said City
1.
of the above described real property and to permit the incorporation
of such land �-,i thin the said City of Redlands.
and in consideration of the above covenants on part of party of the
first part, the said City of :.ediands, party of %he second part, does
hereby agree at the raquest of the said j. L. B. Boullioun and P.lzce M.
Boullzou??, or their successors in interest, to serve and deliver
domestic -uiter, through the municipal ylater system, to the following
�.
descriced real property:
.Lll thct portion of erection 22, Townsl�ip 1 South, -range 2 rest, San
Bernardino Base and ideridian, described as follovgs:
Beginning at a point In the wes z line of the east one-half of said
Section 22, said point being 597 feet north of the south line of
the north one-half of said Section 22; thence easterly and vara?lel
vvith the south line of the north one-half of said Section 22, 188
feet Elore or less, to �Ghe ecst line of the sixty foot road knotAm as
Coon Canyon Road; thence southerly along the easterly line of said
Coon Canyon Road to a point 403 .feet south of z e south line of the
north one-half of said Section 22 said point bung 243.61 feet more
or less east of the west lane of the east one-half of said Section
22; thence westerly and parallel .�rith the south line of the north
one--half of said Section 22 to a point 656.39 feet west of the west
line of the east one-half of said 3cc-cion 22, thezoe northerly and
pa,ral.l el with the west lane of the east one-half of said Section. 22,
1000 feet to a iloint 597 feet north of the south line of the north
one-half of said Section 22, thence easterly and parallel wi Ch the
south line of the north one-half ofscid Section 22, 656.39 feet
to the point of beginn,nG
Provided, however, that the point of delivery of said domestic water
is to be ri)ade fro_a, the present e,�,istrng water lines and the said City
of Redlands , s not obligated to ex-tend the said lines. That the charge
for such domestic eater shall be at the prevailing l4outside" domestic
,,nater rate and shall be subject to future changes of said rate.
IN Ji TIDE03 'zee .:J aEO , said J. L. B. 3oulli oun and :''-'lice M. Boulli oun
have executed this agreeaent, and the City of 1- edlands has caused its
nal e and sad-1 to be affixed 1a.ej�eto, and this instrutaent to be executed
by its officials the.ieunto dull �.�ixt�4��� ,y �� ����...., ,�� „wand year. �r� this
in:trtb ent first above -�°frit ten.
SEAL L. 0 3 ullroun.
To ;,ull�ou__
CITY OF REDL DS, C.=FO i,!l,A.
"ttest € � '�L 3y t
City Clealk. hia.yor of the City of Redlands.
2m
'STATF, OF
COUNTY OF S.A-i`� 1� :UR1�1r11'ij Q �
Gn this 7th day of October, 1352, before me,
Paul B. aiilson, a Notary 1lubla.c in and for the Cour!ty
idIng of San Bernardino, State. of California, res?eared H helc�,
duly corulrissic�rze .. a.co
Folkins I knowx? to me to be the Mayor and''E
knovrrx to to be the City Clerk of the Corpo-ation. that
executed the v ithiioIn trumeed,theds �no�rled�ed to aue
that such corn
I � I have hereunto set ray hand
and affixed rly official seal, the doh= and year in this
certificate first above Written.
9FAL ' Notary Public an a,nd or
the County of San Bernardino,
Mate of Cali�"c�z'nia.
r'
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................................. ..........
&ARZTEEIT VOV SnLE OF RM MATE
TMS kGUZ&ANT, made and entered into this ?th day of
October, 1952, betueen 1. L. B. BOUILIOUN and ALICE F. BOULLIOUN,
husband and wife, of San Bernardino County, California, herein-
after called Seller, and the CITY OF 1ADLaNDS, a municipal
corporation, hereinafter called Boyer:
nITNEKSTH, that the Seller in consideration of the payments
to be made oy the Buyer and the conditions and covenants to be
kept and perforaed by it, as hereinafter set forth, agrees to
sell and the Buyer agrees to buy, zhe real property situated in
the County of San hernardino, State of California, described as
follows, to-41t:
YIRCEL I
The SouthEast quarter of the South4est quarter of Section
22, Township 1 South, Range 2 r`�est, San Bernardino base and
leridian according to United :Mates Government Township plat
thereof .
MGM II
The 6outhZast_quaTter of Seevion 22, Township 1 South,
Range 2 gest, San Bernardino Base and Leridian according to
United states Government Township plat thereof .
YURCEL III
The SouthAest quarter of t ,e NorthEast quarter of Section
22, Township 1 South, Aange 2 Yest, San Bernardino Base and
Meridian according to United States Governaent Tovnship plat
thereof
Except that Portion lying nithin hill Creek Road.
S17IDG AND EXCEPTIDG that portion of Parcels 2 and 3, as
bounded and described as follows:
Beginning at a point on the Southerly line of Lill Creek mood
which is 50 .23 feet South of the Korth line of the South est
N "b" t anarter of said Sec tion 22 and 2154-95
00 "k up 1
Half of said Section 22, Thence, Sou"liWesterly 25-38 feet along
the are of a curve concave Southlasterly, whose Radius is 20 feet
and whose aadial line, at tne Point Of beginning, .ears South
90 57' 32" West, thzough a central angle of 720 42' 39"; Thence,
South 27 15 ' 4est 50 -31 feet to a curve concave North3esterly
whose Radius is 260 feet, Thence SouthAesterly 81.68 feet along
the are of said curve through an angle of 180 001 , Thence South
Vo 15t East 40.92 feet to a curve concave Easterly whose radius
is 70 feet; Thence 6outherly 122-17 feet along the gre of said
curve QrouSh an ani le of 1000 00t ; Thence South 54 45 ' Eest
1.
51.86 feet to a curve concave 3,esterly whose Radius is 110 feet,
'Thence Southerly 281.84 feet along the arc of said curve zhrough
an an8le of 1460 48t ; Thence North 870 57, ¢`'esu 46.16 feet to a
curve concave Southerly whose radius is 301.82 feet, `hence �est-
er�y 76 .00 feet along, the arc of said curve through an angle of
14 25 ' 40" to a curve concave SoutbZasterly -whose radius is
83.06 feet, Thence Southv4esterly 96.21 feet through anangle of
660 221 to a curve concave Easterly 'chose radius is 55'7.68 feet,
Thence Southerly 146 54 feet along, the arc of said curve through
an angle of 150003 2011, Thence South 30 48t Past 194. 4 -Feet
Thence mouth 13 05t East 122. 94 feet, Thence South 23� '25t 2041
East 60. 50 feet, Thence South 240 301 'E,ast 125 .43 feet to a curve
concave desterly :those radius zs 130 feet, Thence 6outh8rly 128.69
feet along the are of said curve through an anile of 56 43 ► 1011
to a curve concave Easterly %„71hose radius is 202.48 feet, Thence,
Southgrly 172.59 feet along the arc of sold curve t��rou gh an angle
of 48 5072044, 'hence South 16° 371 10” East 72,84 feet to a curve
concave NortliWesterly whose rOdius is 85 feet; `.`hence 3Southae,stsrly
158.17 feet along the arc of said curve through an angle of 106 371
1011, Thence :Vest 243.61 feet more or less to a point on t`ze :aiest
line of the SouthEast quarter of said Section 22, Thence �aortherly
alonC, the gest line of the East Ralf of Section 22 to the Horth-gest
corner of the SoutNaest quarter of the IvorthEast quarter of said
Section 22; Thence East along the North lane of said Southiest
quarter of the NorthEast quarter to its inTersection with the South
lixie of 12"ill Creek Foad, Thence alone the Southerly 111le of said
1-ill Creek -Load, Easterly zo the Point of Beginning.
P,`:F CEL IV
Together �3,Th a 2-i;1it of -4ay for road purposes over and across
the 60 foot road hnola as Coon Canyon Road adjacent uo the �e�terlY
1' ne "f th' alived,'5'8"
e.sed` p °oert; . ncaoygd b the E®tzlfauias,
TOGEITI= with all of The 41'-.TES :�!C-11TS arising, flowing, surf ace
or underground of every hand, nature and description contai`!ned
upon said above described parcels of real property described as
Parcels I. lI, and 111 or pertainiiig thereto.
for the stun of T,,Ter y Thousand Dollars ( ,,20;000-00) , in lw ful .money
of the United Szates of Lmerica, and the buyer in consideration of
'Uhe premises, promises and a Tees to pay the Seller the aforesaid suia
of money, for all of said p2operty cid the water rights thereon, as
follows, to-it. Five Thousand Dollars (45,000.00) upon the execution
and delivery thereof, the receipt whereof is heresy acl,no,aledged,
''yyanggd ��tlhe balance of Fifteen Thousand Dollars 015 ,000.00) in install-
men t s {.1 o e t e i t 1 �11 t interest V s n 5 S �C!'f.sYh➢?xSl�\'tt 2.eS�Tj/fir'�lN'3Y3iXG5',��CQj{4dc4YE 5�.,24111 51 h71r,SI3S S1E3S 1v,. �3,.:> 3/YE,yj 1� \l\��,.>l : .
3S+ ry... )...'� ri Y '1
,_ j on all u1 paid principal froma date hereof
un-cil date of payment at the rate of five per centum ( 5%) per annum.
The first installuent of principal shall be the sum of L¢jve
Thousand Dollars ( �5,000.00) to be paid July 15 bh, 1953, and a like
amount shall be pard on the save day of each year thereafter until
the balance of principal shall be paid in full. Interest on the unpaid
principal at the said rate of five per centwu ( 5;10 per annum shall be
2.
Ho Fia l
payable with and in addition to the principal payments and shall be
paid annually at u e time of making each installL ent payment .
xll payments to b e made by the Buyer shall be p aid i-kaith lawful ?coney V
of the united ,States of 21nie2ica. 1.n.d it is further understood, and
agreed by the Seller, that the buyer may maize any payraenzs on account
of the principal indebtedness at any ti.1-e after duly 15th, 1953, and
may thereafter at its option at any time conplete payment of the
umpaid principal amount reinaininS under said agreercent, toGether with
such interest as may be due at that tire, Azad that thereupon Buyer
shall be considered to have completed and perfo led its full part
under said agreement
IN DDTTI0�+ I1 IS LG-2ED �S �'OLLOoS, TO-,M:
First: .possession shall be delivered zo the Buyer upon
the eXecution and delivery of this a reement.
Second: The Buyer shall pay all taxes and assessments
froia date Hereof and assessed and levied J- skid p opart, hure-
after, inclucin the l�]5?-j3 taus.
Third: The Seller on receiving payment of all amounts of
Loney anentioned herein shall e:.ecute a grant deed for said pro-perty
in favor of said Buyer and shall deliver said deed to said Buyer.
As of the date of delivery of deed the Seller shall supply the Buyer
with a Policy of Title Insurance in the --mount of T,ren.ty Thousand
Dollars (% 20 ,000 .00) , to be issued by the Security Tizle .insurance
and Trust Corl-oany of San Bernardino, California , .p'Thich shall shover
the title to said property to be merchant;cble and free from taxes,
assessment, liens and ol�cutnbrences, except such thereof as are set
�._ herein and such thereof a s
f�,�'-�� � �` � faa,y be suffer-7 or creaked by the _.
Buyer. The Seller shall fay for said evidence of title.
Fourth: ,Should zhe Buyer fail to make said p - in.ents or any
thereof tihen due or fail -co coxaply y° itb the conditions, covenants and
a-rc;n tints set forth herein, uhe P-r ounts paid het"eo? P:,-jy be retaic_ed
by the &Dllt.r e,:�, consideration for Li_aking this a reel°er t and
thereupon tlwe ,Beller shall h e ? ;leased froz:,i all obligation= in lair or
30
alf �3 PAGE 118
equity to convey said property and any occupancy of said property
thereafter by said Buyer shall be deei,_ed to be and be a tenancy at
the pleasure of the Seller and said Buyer shall never Ecquire and
expressly waives any and all rights or claims of title because of
such possession.
Fifth: Should the Seller sue the Buyer to enforce this
agreement or any of its terms, the Buyer shall pay a reasonable
attorney fee and all expenses in connection thereti:th.
Sixth. The ,7u,_ver by the Seller of any covenant, condi- �
tion or agreement herein contained shall not vitiate the same or
any other covenant, condition or agreement contained herein and the
terms, conditions, covenants and agree ?.ents set forth herein shall
apply to and bind the heirs, successors and assigns of each of the
parties hereto. Time is the essence of this agreement.
Seventh: All words used in this agreement, including the
words Buyer and Seller, shall be construed to include the plural
As well as the s ng-ular numbwr am;a weivd-e meed herein in the present
tense shall include the future as well as the 'present and words used
in the masculine gender shall include the feminine and neuter.
IN WITNESS 'iaMhEOF, said J. L. B. Boullioun and Alice Y.
Boullioun have executed this agreer:,.ent, and the City of Redlands
has caused its name and seal to be affixed hereto, and this instru-
ment to be executed by its officials thereunto duly authorized, the
day and year in this instrument first above written.
'i L• B. Boullioun
lar c6 1M. oullioun
SEVER
S AZ` CITY OF REDLANDS, CALIFOE=A
By
Iiayor49te Ci y of Redlands
Attest: �-�-
City Clerk
COUNTY OF SAN BERNA"DIWO
On this 7th W of 00=00 1952, before me$
pau, 14
Ailsoav a rotary Public In W for the Gauaty
of an Bawaardina$ State or 0alSoralat residing �
,aereHugb X:6
duly s sed :, Pam � �
11111n8l known to me toMayor be tho ; R. Whaleyo
knownme to by theCity clam of the corporation rice
oxoeuted she wl thk Inst , .Onto and arknowledged t .
that oh norporntion excouted the *a Q
and afAxed my official a :al, the dayend year In this
CSNIAlste Kest above xr!%W4
WAY VOLVO i
1,ho county of inn