HomeMy WebLinkAboutContracts & Agreements_26-1965PECORDED,
REQ 0 EST OF 21
WHEN [JECORDED MAIL TO-
CITY'CLERK, CITY HALL
REDLAWDS, GALIE 92374
This Agreement, entered into this 117th (Ar
1966, by and between the City of Rcdlands, a municipal corporation,
hereinafter called CITY, and William E. Brown, Jr. and Janice B. Brown,
husband and wife, hereinafter called OWNERS, witnesses :hatt
wTIMRRAS, the CITE dashes to acquire the dedication of the
oil
rjght_of_way referred to as parcel X on the map attached hereto, Tj
marked Exhibit "A". and made a part hereof, for the purpose A widen-
ing and improving said right-of-way, eliminating a traffic hazard at
the intersection of Terracina and Cypress Avenue and for the exten-
sion of Cypress Avenue to the proposed Smiley Heights subdivision; and
�AFR.AS I to acquire the benefits of the imprevOWntS
as set forth above, desire to acquire parcel Y referred to on tV,
attacbed Exhibit "A" and desire to secure immediately a building
permit upon the execution of this Agreement; and
WHEREAS, OWNERS are the owners of record of the property referred
to ihibit "A" and more particularly Ascribed as follows:
A part of Section 4, townSbip 2 South, range 3 West, Muth
of centerline of Cypress Avenue extended southwesterly,
portion of Lot 5 lying westerly Of the f011Owing described
line.
Thence south 260 559 east 130.15 feet- Thence south 00 241
east 88.60 feet. Thence south 30 341 west 19000 feet Plus
or minus to t0y southerly line of said lot, excepting street
WHEREAS, there is some doubt as to the true boundary lines
separating the OGMRSI property from that shown as the public right-
of-way on Exhibit "A", attached hereto, and whereas it is the desire
of the parties hereto to resolve said doubt and mutually settle and
agree between the: as to the true property line of said
dedication;
NOW THEREFORE, the parties hereto mutually agree as follows:
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SECTION ONE. The CITY shall construct the following enume-rated _VT
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improvements at the discretion of the Redlands City Council, based
upon the demand and need therefor;
(a) Widen Cypress Avenue to a width of 40 feet between curbs.
The north curb to remain in its present location and the street
alignment is to be revised as shown on Exhibit vIA", attached hereto.
(b) Install an 3-inch water line fron, the end of the Smiley
Heights subdivision to connect with the water line at the intersec-
tion of Cypress and Terracina Streets.
(c) Deed Parcel Y, referred to on Exhibit "All to OviNEMS.
(d) Install curbs and gutters at the time of widening
Cypress Avenue.
(e) At the time of construction, pay all costs of moving
palm trees, grading and constructing all street improvements. The
CITY, furthermore, agrees to pay the cost of relocating OWNERSt
irrigation system up to the amount of $740.00. The CITY agrees to
reimburse OWNER for the relocation of said irrigation system upon
completion of all work and presentation to the CITY of paid invoices
indicating all work has been comple-Ii.-ed to the OWNERS satisfaction.
M
OWMR agrees to pay any excess amount incurred in said relocation.
(:1-) At the time of construction of the improvements referred
to herein, the CITY will replace and pay for the Eater lime owned
by the West Redlands Water Company in the event its replacement or
relocation should be required by law or city ordinance.
SECTION TWO. The OWNERS, their heirs, assigns, executors and
successors in interest agree to do the following
(a) Upon the execution of this Agreement, deed to the CITY
Parcel. X, shown on the reap attached hereto as Exhibit "A".
(b) At such time as houses are constructed having frontage
on the extension of Cypress Avenue as shorn on Exhibit "A", attached
hereto, the owners thereof shall pay to the CITY as reimbursement
cents and installations referred to in Section One, above, except
1. Replacement or relocation of palm trees, grading and
paving, and the costs attributable to the north and
crest curb and gutter,
which costs shall be paid for by the CITY without reimbursement.
§Mproportionate share shall be paid prior to the issuance of a
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linear footage each parcel shall bear to the whole thereof.
(c) At the time a building permit is issued for the construe-
tion of houses .fronting on the extension of Cypress Avenue as shown
on Exhibit IfAly, attached hereto, the owner or owners thereof shall
install sidewalks at his oven expense for the entire frontage of his
respective parcel Consistent with the requirements of Ordinance 1193,
A
IM
as revised, of the City of Redlands.
SECTION THREE. All costs not specifically enumerated in the
preceding sections of this Agreement shall be paid for as follows
1. Costs which accrue as a result of work, construction and
improvement upon the publicly owned right-of-way as set forth in
Exhibit "A112 attached hereto, shall be paid for by the CITY.
2. Casts which accrue as a result of work, construction and
E
improvement capon the property of the OARS as set forth in
Exhibit "A", attached hereto, shall be paid for by OWNERS.
3. In the event either of the parties to this Agreement desire
eNtra work, constructions or improvement to be done not specifically
contemplated by this Agreement, the cast thereof shall be paid for
by the party requesting such work, construction or improvement.
SECTION FOUR. This Agreement shall be recorded in the office
of the County Recorder of the County of San Bernardino and the
covenants set forth herein shall run with the laid herei.nabove
described and shall be binding on all parties having or acquiring
any right, title or interest in the described Land or any part thereof.
SECTION FIVE. Upon the executions of this Agreement, the CITY
shall issue to OWNERS a valid buildingpermit for the construction
of a dwelling house on a portion of OWNERS' property referred to
on Exhibit "A", attached hereto.
Dated: /2
1966 CITY
BY; ;P
s
CALIFORNIA
y ,��
453E$�T
BoA720 PACE 2
660CT27 Pm 2.11
MIGHOFILMED SAN BERNARDIRECORDS
O Gn CALIF.
NO FEE
RE
STATE; OF CALWORNU, n5
S8. 1 d'
County , San nardino
Ox _ . October 19 , 19—Z, before me,
the undersigned, a Notary Public in and for said County and State, personally
appeared Waldo F. Burroughs and _
Peggy A. Moseley known to me to be the
Mayor and Clerk, respentively
of the City of Redlands, a Municipal
thx Corporation that executed the within Instrument, known to me to be the
person who executed the within Instrument, on behalf of the Corporation, therein
named, and acknowledged to me that such Corporation executed the same.
"PrIPPIPM-1% WrrNE.ss my hand and official seal.
Notary Public in and for said County and State.
ACKNOWLEDGMENT-CORPORATION-WOLCOTTS FORM 222-REV. 5-57 700DO
STATE of California
ss.
County of San Bernardino
BOOK 6 r 20 PAGE -V 5
ON October 17 , 19--6-6, before me,
the undersigned, a Notary Public in and for said State, personally appeared
L i
Janice B. Brown
known to me,
to be the persons whose named are subscribed to the within
Instrument, and acknowledged to me that ±-heY executed the same.
WITNESS my hand and official seal.
ah�w ( K".
Mar tha T7 .-
NAME (TYPED OR PRINTED)
Notary Public in and for said State.
ACKNOWLEDGMENT—GENERAL—WOLCOTTS FORM 231—REV. 2-13 my Commission expires 12-23-66""
BOCK 6496 PAGE 654
CERTIFICATE or ACCEPTANCE
Agreement
This is to certify that the ihterest in real prop;�rty conveyed by kwxkx
4*4fff dated September 7 ig 65 from William E. Brown Jr.
and Janice-B. Brown .�y � to tho City of Redlanda, a paii'cjeal
corporation and/or governmental a goncy is hereby accepted by carder of the
City Counoil oh September 21 3f , and the Crs..htec conaentrs to
recordation thereof by ita duly authorizod officer.. GJ
Dated:_September 2IT�..�.�_-��b I9J5 0
i
By,
City M c e�,
..
�kJCK6496
PAu 643
RECORDED' ]REQUES'OR
WHEN RECORD,_ ilL TO-
REQUEST Op 'S OCT Z Q Ph 1 `4 S
CITY CLERK, CITY -HALL
REDLANDS, CALIF, 92374
��44
K LJ PAR 6
IV
�EGpRO
A G R E E M
E N T
OFFIMAI._ RECORD,
�y@-#C V,,M ' 4?JARv;1:? Ci}.IrF�L1F,
NO FEE
This Agreement,
entered
into this
71h day of September ,
t/
1965, by and
between the City
of Redlands, a municipal
grown,
corporation,
hereinafter called
CITY,
and William E. Jr.,
and Janice B.
Brown, husband
and wife,
hereinafter called OWNERS,
witnesses that:
WHEREAS, the CITY desires to acquire the dedication of
the right -of. -way referred to as Parcel X on the map attached
hereto, marked Exhibit "A", and made a part hereof, for the
purpose of widening and improving said right-of-way, eliminating
a traffic hazard at the intersection of Terracina and Cypress
Avenue and for the extension of Cypress Avenue to the proposed
Smiley Heights subdivision; and
WHEREAS, OWNERS desire to acquire the benefits of the
improvements as set forth above, desire to acquire Parcel Y
referred to on the attached Exhibit "A1l and desire to secure
immediately a building permit upon the execution of this
Agreement; and
WHEREAS, OWNERS are the owners of record of the property
referred to in Exhibit "A" and more particularly described as
follows:
A part of Section 4, township 2 south, range 3 west,
south of centerline of Cypress Avenue extended south-
westerly, portion of Lot 5 lying westerly of the
following described line.
Commencing at the intersection of the easterly line of
said lot with the southwesterly extension or the center-
line of Cypress Avenue, thence along the said easterly
line south 170 30' east 51.95 feet. Thence parallel
with ana at right angles southeasterly 50 feet from said
southwesterly extension of centerline of Cypress Avenue
south 560 20' west 151.17 feet. Thence south 640 1'
west 150.00 feet to the true point of beginning of line
to be described.
WHE'R -AS, there is some doubt as to the true boundary lines
right-of-way on Exhibit "A", attached hereto, and whereas it
is the desire ok the parties hereto to resolve saict doubt and
mutually settle and agree between themselves as to the true
property line of said dedication;
NOW,THEREFORZ, the parties hereto mutually agree as
follows
SECTION ONS. The CITY shall construct the following
enumerated improvements at the discretion of the Redlands City
Council, based upon the demand and treed therefor;
(a) Widen Cypress Avenue to a width of 40 ,feet
between curbs. The north curb to remain in its present
Location and the street alignment is to be revised as shown
on Exhibit "A". attached hereto.
(b) Install an 8-inch water lime from the end gat the
Smiley Freights subdivision to connect with the eater line at
the intersection ot Cypress and `F°erraci.na Streets
OWNERS.
(c) Deed Paxcel Y, referred to on Exhibit "A" . t
(d) Install curbs and gutters at the time of
widening Cypress Avenue
(e) At the time of construction, pay all costs of
moving palm trees, grading ,_ .d con tructing,,,all street
improvements. The CITY, furthermore, agrees to pay the cast
of relocating eRS$ irrigation system up to the amount of
00.00. MRS agree to pay any excess amount incurred in
said relocation.
MM
(f) At the time of construction of the improvements
event its replacement or relocation ube required .
law or city ordinance.
SECTION TWO. The OWNERS, their heirs, assigns, executors
and successors in interest agree to do the following:
(a) Upon the execution of this Agreement, deed to
the CITY Parcel. X, shown on the map attached hereto as
Exhibit "A".
(b) At such time as houses are constructed having
frontage can the extension of Cypress Avenue as shown on
Exhibit "A", attached hereto, the owners thereof shall pay
to the CITY as reimbursement therefor, their proportionate
share of all expenses of all improvements and installations
referred to in Section One, above, except the following items,
1. Replacement or relocation of palm trees, grading
ana pawing, and the ousts attributable to the
north and west curb and gutter,
which oasts sha.l.l be paid for by the CITY without reimbursement.
ent.
proportionateSaid .
a building permit and shall -be assessed according to the
,proportionateparcel
whole thereof.
building for
Avenue as shown, on Exhibit'WO, attached hereto, the owner or
owners thereot shall install sidewalks at his own expense for
the entire frontage wrespective
the requirements ents of Ordinance 1193, as revised, o± the City
of Redlands.
64
SECTION THREE. All costs not specifically -enumerated
in the preceding sections of this Agreement shall be paid
for as follows:
1. Costs which accrue as a result of work, construction
and improvement upon the publicly owned right. -of -way as set
forth in Exhibit "All, attached hereto, shall be paid for by
the CITY.
2. Costs which accrue as a result of work, construction
and improvement upon the property of the OWNERS as set forth
in Exhibit "A", attached hereto, shall be paid for by OWNERS.
3. In the event either of the parties to this Agreement
desire extra work, construction or improvement to be done not
specifically contemplated by this Agreement, the cost thereof
shall be paid for by the party requesting such work, construc-
tion or improvement.
SECTION FOUR. This Agreement shall be recorded in the
office of the County Recorder of the County of San Bernardino
and the covenants set forth herein shall run with the land
hereinabove described and shall be binding on all parties
having or acquiring any right, title or interest in the
described land or any part thereof.
SECTION FIVE. Upon the execution of this Agreement, the
CITY shall issue to OWNERS a valid building permit for the
construction of a dwelling house on a portion of OWNERSt
property referred to on Exhibit "A", attached hereto.
Dated; 196
CITY OF REDLANDS
R. M6rri litt t, Jr.
city Manager j
-4-
STATE OF california _ 2,on6496 PACE 647
SS.
County of . S. n Rcrnardis'ia _,
Se tember 2 , 1955 ,before me,
ON
the undersigned, a Notary Public in and for said State, personally appeared
Janice B. Brown and William E. Brown Jr.
, ir.%town to me,
to be the person-s whose name— —a_r-a subscribed to the within
Instrument, and acknowledged to me that -t-..he — executed the same.
WrrNEss my hand and official seal.
h Mart E
a- - ----
_ NAME (TYPED OR PRINTED)
Notary Public in and far said State. ;L�ALa+•-. yr: -.��.:.: - ) _ s 70010
ACKNOWLEDGMEN'T-GENERAL-WOLCOTTS FORM 231-REV. 2-63