HomeMy WebLinkAboutContracts & Agreements_21-1967a R 4: fi�.D�1r PAIL TO•
10CRORLmED 443
A G R E E M E N T fNDEXEUF
(Covenant Running With the Land)
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FcECOnpEr�UE:ST
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SAN BEi=,` dAlIC?!Pt i „i1. CALIF,
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COUNTY PICOROER
The parties to this agreement, dated this 4th day of
August 1967, are the City of Redlands, a municipal
corporation, hereinafter called "City", and
.Jack C. Neblett andDoris C. Neblett
including all assignees, heirs, mortgagees and successors in
interest, hereinafter called. "Owner".
RECITALS
1. Applicant is the oviner of the real property located
at East Crescent P venue, in the City of Redlands,
County of San Bernardino, State of California, which property
is more particularly described on Exhibit A attached to this
agreement and made a part hereof, and hereinafter referred to
a: "property".
2. The City Council of the City of Redlands has deter-
mined that it is necessary and required by the public health
and safety for Owner to construct and use a seepage pit located
in the southerly 12 feet of the Crescent Avenue right-of-way
in the City, and connected to Owner's property as a temporary
disposal system, in the absence of an available sanitary sewer;
that the public health and :safety requires establishment of
such a sanitary sewer as soon as possible, but that prior to
such establishment, a seepage pit, constructed and maintained
as directed by the Building and Safety Department of the City,
may be installed and used as provided herein, when Owner has
agreed in writing to participate in any future improvement
program, whether initiated by a public agency or private parties,
to establish a sanitary sewer serving the property.
COVENANTS
For and in consideration of permission from the City to
construct and use a seepage pit for disposal purposes within
the southerly 12 feet of the Crescent Avenue right-of-way,
adjacent to the property, Owner hereby covenants as follows:
1. To participate in any improvement program, whether
initiated by private persons or a public agency, to establish
and install a sanitary sewer for the block, street, or area
in which Owner's property is located, or which affects Owner's
property,
2. To comply with any and all requirements of the Building
and :safety Department of the City for the construction and
MCK 68'7'7 PAt 66
maintenance of any such seepage pit serving the property.
3. That the Owners property to which this agreement
applies, and which will be included in any sanitary sewer
improvement program for the block, street, or area, is described
on "Exhibit A" attached hereto.
4. To pay the sum whic1% is determined to be Owner's pro
rata share of any such improvement program, and to be subject
to the same provisions for p4.yment that apply to all other
persons who participate in sl:,id improvement program.
5. This agreement shall, be binding uponand enforceable
against Owner, his, her, their assignees, heirs, mortgagees,
and any successor in interest, and shall be recorded in the
office of the County Recorder.
6. If Owner or any of his, her, their successors in
interest fails to comply witl. any term of this agreement, the
City may bring action, to enfc:)rce this agreement. Applicant
and his, her, their said successors in interest agree to pay
all costs of suit and reasonable attorneys fees for such action.
7. To hold City harmless from any and all liability,
personal injury, or property damage, resulting from the Owner's
use of a cesspool on the property.
SEAL
ATTEST:
APPROVED FOR FORM:
I
sl Edward F . Taylor
City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ss.
CITY OF REDLANDS
Vice Mayor
Qv,�, 0r
Applicant
t
p licant
On August 4 _ , 1967, before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared -Jack Neblet't and, Dor_i5 C. Ueblett ,
known to me to be the person (s) whose name (s) is, are sub-
scribed to the within Instrument, and acknowledges to me that
they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal.
t o ueun l u u u u inns l u l n u n l n l ssva u u l n n u u us u u n u u uuesuu uu u n l uuuin u m l muliu
MARTHA E. LEWIS
lMartha E. Lewis, Notary Public C NOTARY PUBLIC a
in and for said County and State. SAN BERNARDINO COUNTY
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My Commission expires December g3 _ l97CL •4y Com-nissiorl Expires December 23, 1970
1077 67
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Mr. Jack C. Neblett
170 East Crescent Avenue
Redlands, California 92373
Dear Mr. Neblett:
1111
4\�y Of RE014* f
�A!lfORM
August 10, 1967
The Recorder's Office of San Bernardino County has
requested the fee of $3.60 for recording of the agree-
ment between you and the City of Redlands concerning
the seepage pit in the street right-of-way.
The Recorder's Office will record all instruments for
the City free of charge when the instrument is for the
benefit of the City. This is not the case. We are
therefore requesting that you forward a check in the
above amount to the City of Redlands, payable to the
County of San Bernardino, so that we may forward it
to the Recorder's Office with the agreement.
Your cooperation will be greatly appreciated.
Very truly yours,
J. R. SHONE
Director of Public Works
__'
J eph Kicak
Associate Civil Engineer
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