HomeMy WebLinkAboutContracts & Agreements_13-1962Ono
682Q FA048
A G R E E M E N T
The parties to this agreement, dated this 27th day of
November, 1962, are the City of Redlands, a municipal corporation,
hereinafter called "City," and Donald Feenstra and Janice Ann
Feenstra, husband and wife, their assignees, heirs, mortgagees, and
successors in interest, hereinafter called "Applicant."
RECITALS
WHEREAS, the City Council of the City of Redlands has
determined in Ordinance No. 1193, the existence of sidewalks and
curbs or gutters constructed of material other than concrete adjoin-
ing dwellings and buildings, the lack of adequate curbs, gutters and
sidewalks, are dangerous to the public health and safety of the
inhabitants of said City.
WHEREAS, in said Ordinance No. 1193, the City Council provides
that any owner, lessee or agent constructing or arranging for the
construction of a building or dwelling shall also provide for con-
struction and relocation in conformance with Master Plan of Streets
and Highways of the City of Redlands, of concrete curbs, gutters and
sidewalks in accordance with city specifications unless adequate
curbs and sidewalks in conformance with the Master Plan of Streets
and Highways of the City of Redlands already exist along all street
frontage on which the building or dwelling is to be constructed; the
owner of said property shall also cause the land on which the improve-
ment is required herein, including the necessary land for location
or relocation of public utilities and in conformance with the street
width as designated by the Master Plan of Streets and Highways, to
be dedicated to the City of Redlands.
• WHEREAS, in Ordinance No. 1193, the City Council has made
the following exception from the provisions of said ordinance:
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COVENANTS
Applicant hereby covenants as follows:
1. To participate in any street improvement program for the
block, street, or area in which Applicant's property is located, or
which affects Applicant's property.
2. That the Applicant's property to which this agreement
applies, and-=ihich will be included in any street improvement program
for the block, street, or area is described as follows:
The South 100 feet of that portion of Lot 55,
U-NIVERSITY TRACT, as per plat recorded in
Book 17 of .daps, page 36, records of Sara
Bernardino County, described as follows:
BEGINNING at the Southeast corner of said Lot;
thence West along the South lime of said Lot
198 feet; thence North 330 feet; thence East
parallel with -the South line of said Lot to
a point on the East lane -thereof, 330 feet
Forth of -the Southeast corner; thence South
330 feet to the point of beginning.
TOGETHER with the right to use as a private
driveway, the East 16 -feet of the North 527
feet of said Lot 55, for ingress and egress
to E . Lugoni a Avenue.
SUBJECT TO:
2nd installment of the General and
Special taxes .for the fiscal year
1962-63 .
Covenants, conditions, restrictions,
reservations, rights, rights of way
and easements of record.
3. To pay- the sum which is determined to be Applicant's
pro rata share of the improvement program, and to be subject to
the same provisions for payment that apply to all other persons
who participate in said improvement program.
4. This agreement shall be binding upon and enforceable
against Applicant, his assignees, heirs, mortgagees, and any
successor in interest. Applicant agrees to promptly record this
agreement in the office of the County Recorder.
-2-
5. If Applicant or any of his successors in interest fails
to comply with any term of this agreement or acts contrary to any
provision of Ordinance No. 1193 of the City of Redlands, the City
may bring action to enforce this agreement and said ordinance.
Applicant and his said successors in interest, agree to pay all
costs of suit and reasonable attorneys fees for such action.
City hereby covenants as follows:
1. That the City Council has found that this agreement
will not adversely affect the health, safety and welfare of the
public.
2. That the requirements of Section 2 of Ordinance No.
1193 are hereby waived, provided that Applicant agrees in writing
to participate in any street improvement program which includes or
affects Applicant's real property, as described in paragraph 2 of
Applicant's covenants herein.
CITY OF REDLANDS
APPLICANT
T"Zl
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STATE OF CALIFMITIA
COUIffY OF SAN DMNARDINO APPLICANT
On December 13th,, 1962, before me.,
the 'undersigned, a Not -Pubiie in and
for said County and State, personally
appeared Donald Feenstra. and 1,1rso D. Feenstra
Imown to me to be the persons whose names
are: suscribed to the within instrument, and
ackn-owledged, that they executed the same.
Witness my hand and official seal.
martha E. Lewis
Notary Public
Xy Goirmll ssion e--ppires December 18, 162
Booi(582 0 PAGE751
Agreement
Thio AS to corti-�%r that, int-01.0st in 7,-ea"
% , by
November 27 62 Donald Feenstra and
Janice Ann Feenstra to Moe
CA.
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December 5 62
December 17 62