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HomeMy WebLinkAboutContracts & Agreements_7-1966 WHEN RECO CED MAIL TO tOCA629 FACE 713 AGREEMENT CITY CLERK, C TY HALL REDLANDS, CA_IF g2374 1 This Agreement , entered into this /16i day of ,&oc// 2 1966, by and between the City of Redlands , a municipal corporation, 3 hereinafter called CITY, and Dr. I. H. Crittendon, and Jean L. 4 Crittendon, husband and wife , hereinafter called OWNERS, witnesses 5 that: 6 WHEREAS, the CITY desires to acquire the dedication of the r 7 right-of-way referred to as Parcels A, B, C & D on the map attached 8 hereto, marked Exhibit "A", and made a part hereof, for the purpose 9 of widening and improving said right-of-way, eliminating a traffic 10 hazard at the intersection of Terracina and Cypress Avenue and for 11 the extension of Cypress Avenue to the proposed Smiley Heights 12 subdivision; and 13 WHEREAS, OWNERS desire to acquire the benefits of the improve- 14 meets as set forth above, desire to acquire Parcels E and G 15 referred to on the attached Exhibit "A". 16 WHEREAS, OWNERS are the owners of record of the property 17 referred to in Exhibit "A" and more particularly described as 18 follows : 19 Plat of a Part of Section 4, T2S, R3W north of centerline of 20 Cypress Avenue extended Southwesterly, Lot 5. 21 Except : Commencing at intersection of North Line of Lot .5 with centerline Terracina Boulevard, thence along said north 22 line of lot 5, S. 89° 00' E. 55. 62 feet, thence S. 58° 17' E. 83. 15 feet, thence S 33° 40' E. 66. 2 feet, thence on curve to 23 the left radius of 15 feet 23.56 feet, thence S 3.3° 40' E 19 feet to centerline of Cypress Avenue, thence along said 24 centerline of Cypress Avenue S 56° 20' W, 51 feet thence N 33e 40' W 110.5 feet thence N 58° 17' W 106.58 feet to the 25 True Point of Beginning, Excepting the Street. 26 )92 27 �T I i t U 28 °IgiLiCA&-k 29 WORMED RED tuV j8 r, 30 1300K 6629 cr 713 31 J•a- + �?d{} r,� CALIF 32 e << E K s{lR i, eTb 1 $ 1 WHEREAS, there is some doubt as to the true boundary lines 2 separating the OWNERS' property from that shown as the public 3 right-of-way on Exhibit "A" , attached hereto, and whereas it is 4 the desire of the parties hereto to resolve said doubt and mutually 5 settle and agree between themselves as to the true property line 6 of said dedication; 7 NOW, THEREFORE, the parties hereto mutually agree as follows : .) 8 SECTION ONE. The CITY shall construct the following 9 enumerated improvements at the discretion of the Redlands City 10 Council, based upon the demand and need therefor ; 11 (a) Widen Cypress Avenue to a width of 40 feet between 12 curbs. The north curb to remain in its present location and the 13 street alignment is to be revised as shown on Exhibit "A", 14 attached hereto. 15 (b) Deed Parcels E and G, referred to on Exhibit "A" 16 to OWNERS. 17 (c) Install curbs and gutters at the time of widening 18 Cypress Avenue. 19 (d) At the time of construction, pay all costs of 20 moving pale trees , grading and constructing all street i.mproveents. 21 (e) Widening Terracina Boulevard to the specifications 22 shown on the official Master Plan (Exhibit A) of the City. 23 (f) installation of curbs on both sides of Terracina 24 Boulevard. 25 (g) Construction of a standard roadway between curbs 26 with left turn lanes, and such safety lighting as may be required 27 by the Director of Public Works of the City. 28 (h) The City shall relocate the palm trees on Terracina 29 Boulevard and pay all costs incidental to the widening of its 30 intersection with Cypress Avenue. 31 (1) That the present wall shall be removed and replaced 32 by the City and the present north curb line of Canyon Crest Road 3n� eS.Sj t 1 (westerly extension of Cypress Avenue) , will remain in its present 2 location as the property line. 3 (3) That the City shall do all road work necessary to 4 improve West Cypress at the City's cost. 5 (k) That no additional dedication shall be required by i 6 Owner to realign this corner 7 (1) That the street improvements described herein shall 8 fulfill all street improvement require eats of a future lot split 9 of Owner's property, such as described in Exhibit A attached. 10 (in) That no work will be done to Cypress Avenue as 11 extended, in order to be used as an access to Smiley Heights , until 12 another westerly access to Smiley Heights has been provided through 13 either Sunnyside Street or its immediate vicinity. 14 SECTION TWO. The OWNERS, their heirs , assigns , executors 15 and successors in interest agree to do the following: 16 (a) Upon the execution of this Agreement, deed to the 17 CITY Parcels A, B, C and D, shown on the map attached hereto as 18 Exhibit "A" 19 SECTION THREE. All costs not specifically enumerated in the 20 preceding sections of this Agreement shall be paid for as follows 21 1. Costs which accrue as a result of work, construction and 22 improvement upon the publicly owned right-of-way as set forth i 23 Exhibit "A", attached hereto, shall be paid for by the CITY. 24 2. Costs which accrue as a result of work, construction and 25 improvement upon the property of the OWNERS as set forth in Exhibit 26 "A", attached hereto , shall be paid for by OWNERS. 27 3. In the event either of the parties to this Agreement 28 desire extra work, construction or improvement to be done no . 29 specifically contemplated by this Agreement, the cost thereof 30 shall be paid for by the party requesting such work, construction 31 or improvement. 32 SECTION FOUR. This Agreement shall be recorded in the office -3- ritA i 1 of the County Recorder of the County of San Bernardino and the 2 covenants set forth herein shall run with the land hereinabove 3 described and shall be binding on all parties having or acquiring 4 any right, title or interest in the described land or any part 5 thereof. . 7 6 7 Dated: .-47/ G/ 3ZE . //./ 9 / t-G'C'Z'L41.2§2, 1 0 f 11 SEAF / 12 Al TEST• MAYOR 13 CITY OF REDLANDS N-2k 47--Z4 14 C 15 16 P PPROVED FOR FORM. 17 /2 18 CT v ATTORNEY 19 20 21 22 23 24 25 26 27 28 29 30 31 32 -4- STATE OF ifornia SS. County of n Bernardino 'j'0A 29 wF U7 0 M4y 14 , 1966 , before me, the undersigned, a Notary Public in and for said State, personally appeared I Hunt r Crittenden Jean L. Crittenden , known to me, to be the persons whose names- are .subscribed to the within Instrument, and acknowledged to me that t-lied_.- executed the same. WITNESS my hand and official seal. Martha E. Lewia ACKNOWLEDGMEN'T—GF-NEHAL—WOLCOTTs FORM 231—REV. 2-63 STATE OF CAT OM I&, ss. County of san 13ernardino NAME (TYPED OR PRINTED) Notary Public in and for said State. 70010 My Commission expires 12-23_66 ON MAY 16 , I9.S&-, before me, the undersigned, a Notary Public in and for said County and State, personally appeared _ Waldo _ gurroucibs - , known to one to be the Mayor of the _ Citk of Redlands the 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. WrrNEss my hand and o f, ficial seal. ACKNOWLEDGMENT—CORPORATION—WOLCOTTS FORM 222—REV Martha E. Lewis NAME (TYPED OR PRINTED) Notary Public in and for said County and State. 3-61 My Commission expires -23-&6 b00% fAE 724 MINUTES of a regular meeting of the City Council, City of Red- lands held in the Council Chambers, Safety Hall, 212 Brookside Avenue, on May 3, 1966. Planning Commission Items 3:00 P.M. Regular Meeting 7:00 PRESENT Waldo F. Burroughs, Mayor William To Hartzell, Vice --Mayor Norman N. Martinez, Councilman Jack Bo Cummings, Councilman Charles Go DeMirjyn, Councilman Ralph P. Merritt, Jr., City Manager CiT Edward F. Taylor, City Attorney Peggy A. Moseley, City Clerk Ron Kibby, Redlands Daily Facts Chuck Palmer, San Bernardino Sun ABSENT None The meeting was opened with the pledge of allegiance fol- lowed by the invocation by Reverend Elizabeth Reed of the Church of Religious Science, Mayor Burroughs welcomed Miss Helene Villard and Mr, James Hargrave, who teach the Adult Education Class in American Government in the night school. These teachers were present with their students and Mr. Ronald Stutt, who teaches a high school government class and who was also present with members of his class. The minutes of the meeting of April 19, 1966, were ap- proved as submitted. BIDS This being the date advertised for the opening of bids on the Pioneer Avenue Sanitary Sewer Installation, the following proposals were opened and publicly declared in the office of the City Clerk at 10:00 A.M., this date and referred to the Department of Public Works for study Pioneer and recommendation: Avenue Montclair Sewer Construction Co, $ 12,119o10 Sewer Ontario, California Lloyd R. Johnson 6,985.9q Rialto, California City Construction Co, 8,093.30 Covina, California A. So Peich 8,369.00 Pomona, California Sewer Service Into 7,173.03 Pomona, California. Mornarich Construction Co. 9,339.25 Rialto, California Page one May 3, 1966 6om6629 PAR725 BIDS (Continued) It is the recommendation of the Department of Public Works to accept the low qualified bid of Lloyd R. Johnson in the amount of $6,985.90. On motion of Councilman Martinez, seconded by Councilman Hartzell, the recommen- dation was approved by the City Council. PUBLIC HEARINGS This being the time and place set for public hearing on Ordinance No. 1315, an ordinance of the City of Redlands establishing the regulations of excavation and fills on Ordinance any lot, subdivision or parcel of ground and repealing No. 1315 Ordinance Nos. 1235, 1262 and 1283, Mayor Burroughs at this time declared the meeting open as a public hearing Grading of any protests or comment. City Manager Merritt pre- sented two recommended changes in the Ordinance submitted to his office. Following discussion, Attorney Taylor recommended that, if it were the decision of the Council to accept the recommended changes, the Ordinance be given Cg first reading at this time and public hearing on this amended ordinance be set for May 17, 1966, at 7:00 P.M. � Council concurred on the recommended changes, gave Ordi- nance No. 1315 first reading and laid it over under the rules with public hearing set for May 17, 1966. Mr. Robert Chambers, 1710 Country Club Drive, addressed the Council concerning flooding of his property during a Petition storm in August, 1965. Mr. Chambers requested the City to install a drain adjacent to his property to divert Robert storm waters in the future. Also speaking were Mr. Chambers Wilbur Hartzell of 1716 Country Club Drive, Mrs. Robert Chambers and Dr. Norris Aardappel, 1797 Country Club Drive. Manager Merritt pointed out to the Council that the prob- lem arises due to runoff water and sand from the adjacent County area which has been recently developed for home sites. With the denuding of the land, substantial quan- tities are washed from the County area into Country Club Drive in front of these properties. The City has noti- fied the County on numerous occasions as to the problem, and is in no way responsible for the condition. The flow of sand will stop only when plantings have grown in these denuded areas. City Attorney Taylor stated that the City incurs no lia- bility whatever to owners and developers as a result of the issuance of subdivision maps, and the application of building and development requirements. Such recommenda- tions establish minimum standards of construction, and the owners and subdividers have a legal duty to develop to even higher standards if necessary to avoid private liability to purchasers of subdivided properties. Page two May 3, 1966 PUBLIC HEARINGS (Continued Following discussion, Councilman Hartzell made the fol- lowing motion: "That cost of installation of this drain be divided on a share -and -share -alike basis between the two adjacent property owners, the University of Redlands and the City, the drain to be installed according to specifications submitted by the City Engineer." Motion seconded by Councilman Cummings and approved with the following roll call vote: AYES: Councilmen Martinez, Hartzell, Cummings, Mayor Burroughs NOES: Councilman DeMirjyn ABSENT: None Mr. Eugene Zachry, owner of Mission Trailer Park, re - Petition guested connection of a larger water meter to his prop- Zachry erty. City Manager Merritt reviewed the reasons relating to the Orange County Water suit, which caused Redlands to adopt an ordinance refusing any new water connections or the increase in size of any existing water connections outside the city limits, Council regretfully refused his application. COMMUNICATIONS Mayor Burroughs read a letter from Assemblyman Stewart Hinckley stating that legislation is being presented for the next session of the legislature to adopt a recommen- dation made in 1960 to the Department of the Interior that the name of Cedar Springs Reservoir be changed to Silver - wood Lake in honor of the late Mr. W. E. Silverwooda PLANNING COMMISSION RECOMMENDATIONS - Council action on Planning Com- mission recommendations will be found on separate sheets attached, UNFINISHED BUSINESS City Manager Merritt reported that a new location for the Ambulance Redlands Ambulance Service was under consideration at 516 New Texas Street. For the reason that this comprises both Location residential and commercial use,it was referred to the Planning Commission for approval of this location. Ordinance No. 1314, an ordinance of the City of Redlands Ordinance amending Ordinance No. 1300, which grants a franchise to No. 1314 Leroy A. Gish to operate authorized emergency ambulance Ambulance vehicles in the City of Redlands, was given second read - Service ing of the title and adopted with waiver of the reading in full, on motion of Councilman Cummings, seconded by Councilman Martinez with the following roll call vote: AYES: Councilmen Martinez, Hartzell, Cummings, DeMirjyn, Mayor Burroughs NOES: None ABSENT: None Page three May 3, 1966 W n% 6629 wt UNFINISHED BUSINESS (Continued) Manager Merritt brought to Council attention the request for annexation to the City by Hamicker Enterprises, Inc. The Council tabled the matter until next meeting in order to no applicant of the zoning requirements under which the property would be annexed. Before introducing the next item on the agenda, Mayor Burroughs handed the gavel to Vice -Mayor Hartzell, stat- Ordinance ing that he wished to avoid an implication of conflict No. 1313 of interest. Vice -Mayor Hartzell., on accepting the gavel, reminded Council that Ordinance No. 1313, as Shopping amended, has been considered by the Planning Commission Center and returned to Council for second reading and adoption Regulations and that no further public hearing is required under the law. Attorney Robert J. Simpson of 515 North Arrowhead Avenue, San Bernardino, asked permission to speak in be- half of Mr. Ray Staff, developer of the North Redlands Shopping Center. Mr. Sampson requested Council to recon- sider the recent revision in the ordinance under the sec- tion A-2 of Section 24.20 (Shopper's Goods) which now reads: "Portable appliances (that which can be carried in the hand by one person) - Sales and Services." Fol- lowing discussion, on motion of Councilman Cummings, seconded by Councilman Martinez, Ordinance No. 1313, an ordinance of the City of Redlands amending Zoning Ordi- nance No. 1000 - C-1 and C-2 Shopping Center Regulations was adopted by the City Council with waiver of reading in full, by the following roll call vote: AYES: Councilmen Martinez, Hartzell, Cummings. NOES: Councilman DeMirjyn ABSENT: None PROCLAMATION Mayor Burroughs read a proclamation declaring "Nino Week" to be May 15 to May 21, 1966, in honor of Redlands Sister Hino Week City, Hino, Japan, and urged all citizens to join in participation. The Council unanimously approved the proclamation. NEW BUSINESS Mayor Burroughs requested that the Council authorize the City Manager and staff to make a feasibility study and Feasibility report concerning new methods of financing the purchase Study of Prospect Park as recommended in the "Park Study Re -- port," On motion of Councilman Martinez, seconded by Park Councilman Hartzell, unanimous approval was given this Purchase matter. Page four May 3, 1966 NEW BUSINESS (Continued) Mayor Burroughs made the following Council appointments for the next two years: Vice -Mayor Hartzell: L.A.F.C.; City -School Recre- Appointments ation Commission; Zone 3 Flood Control Councilman Cummings: Park Commission; City and Mayor's representative to REDCO; RIDC Councilman Martinez: Traffic Commission; City - School Recreation Commission Councilman DeMi.rjyn: Planning Commission and Advisory Committee; SCAG and Foothill Freeway Association CITY MANAGER The following Grant Deeds were accepted by the Council Grant Deeds with the City Manager authorized to execute the Certi- to City ficate of Acceptance on behalf of the City: To the City from Union Oil Company of California - Union Oil Co. corner Citrus and Eureka - on motion of Council- man Hartzell, seconded by Councilman Martinez. To the City from Orland J. and Ruth G. Fowler - Fowler for alley from Center Street 260 feet west, on motion of Councilman Cummings, seconded by Councilman Hartzell. To the City from A. F. and Doris Willhite, C. Gross, University J. W. and E. J. Dye, J. and G. P. Mercer, H. H. and N. Van Engen, B. and A. H. Block, W. R. and Street B. M. Lawson, E. M. and M. Campbell, R. E. and A. Morse - University Street improvements - on motion of Councilman Cummings, seconded by Councilman DeMirjyn. On motion of Councilman Hartzell, seconded by Councilman Agreement Cummings, an agreement between the City and Donald Terracina Hansom --and Jean Hanson; and the City and Dr. I. H. Boulevard Crittendon and Jean Crittendon for dedication of right- of-way and improvements on Terracina Boulevard was ap- proved by the City Council, with the Mayor and City Clerk authorized to negotiate in behalf of the City. The Traffic Commission has recommended that, because of Center creating a traffic hazard with a sudden narrowing of the Street street, the seven -foot widening of Center Street and Widening two -foot widening of Cypress Street, as required in Conditional Use Permit No. 108, not be done at this time. CUP 108 On motion of Councilman Cummings, seconded by Councilman Hartzell, Council moved to request Mr. Gerrard to sign the improvement ordinance agreement to widen the street at a later date; that he install sidewalks at this time Page five May 3, 1966 h Box 6629 r'Aa 8 CITY MANAGER (Continued) and repair the existing curbing. The relocation of street trees will be at the discretion of the Park Superintendent. Bills and salaries were ordered paid as approved by the Finance Committee. No further business demanding attention at this time, on motion, the Council adjourned to an adjourned regular CA meeting at 2:00 P.M., May 4, 1966. Next regular meeting May 17, 1966. Respectfully submitted, 5:2, SEAL Cit rk Recorded at no Fee under Government Code 6103. Page six May 3, 1966