HomeMy WebLinkAboutContracts & Agreements_17-1969BOOK7282 PACE'.
WHEN RECORDED IAAIL TO
CITY CLERK, CITY HALL
REDLANDS, CALIF. 92373 NO FEE
451 EST
nox'7282 PACE 303
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NO TAX, Dvw. �a
NO FEE
A G R E E M E N T J'rJMJT
The parties to this agreement, dated this 6th day of &uaust ,
1969, are the City of Redlands, a municipal corporation, hereinafter
called "City", andMarguerite Malls 7
including all 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. 1356 that in order to promote the public health,
safety and general. --welfare and to provide for the orderly growth and
development,of the City in harmony with the physical aspects of the
City; the conservation, stabilization and protection of the value of
property; and adequate drainage facilities for the protection of life
and property, and
wHEREAS in said Ordinance No. 1356, the City Council assumes
control of the design and improvement of land subdivisions of property,
as such pourer is vested in the City by the provisions of the Subdivi-
sion Map Act of the State of California, Divi$ion 4, Part 2, Business
and Profession Code of the State of California. Under Ordinance
No. 1356, as amended, it is made unlawful for a subdivider, person,
firm, corporation, partnership or association to sell or offer to
sell, or lease any lands within a subdivision, or property split, until
the subdivider, person, firm, corporation, partnership or association
shall have first conformed to the requirements of said Subdivision Map
Act and the provisions of this ordinance.
G%TIEREAS, in said Ordinance No. 1356, the City Council has ordained
that any drainage channel passing through or adjacent to any parcel of
land being proposed as a subdivision, lot split, or building site shall.
MOO 72 PAGE 304
- 2.-
have said channel enclosed by a conduit consisting of reinforced con-
crete pipe or reinforced concrete structure of a minimum design capacity
for a 10-year storm.; that said channel shall be constructed to with-
stand all anticipated external loadings and shall be built in an area
where the conduit is accessible for maintenance with motorized equipment.
COVENANTS
Applicant(s) hereby covenant(s) as follows:
1. To participate in any storm drain improvement program for the
block, or area in which Applicant's property is located, or which
beneficially affects Applicant's property, which said block, or area,
is shown on the map attached hereto as Exhibit A and incorporated as
part of this agreement.
2. That the Applicant's property to which this agreement applies,
and which will be included in any storm drain program for the block,
street, or area, is described on Exhibit S attached hereto, and is
beneficially- affected by such storm drain improvement.
3. To pay the sum which is determined by the Public Works Director
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. To hold the City of Redlands and all of its officers, agents
and employees harmless from any claims or damages arising .from the
existence of the non -enclosed drain.
5. This agreement shall be banding upon and enforceable against
Applicant(s), his, her, their assignees, heirs, mortgagees, and any
successor in interest, as a covenant running with the land, and shall
be recorded in the office of the County recorder.
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BOOK7282 PAcE 365, -
6. A Applicant(s) or any of his, her, their successors in interest
fails to comply with any term of this agreement, the City may bring
action to enforce this agreement. Applicant(s) and his, her, their
said successors in interest agree(s) shall pay all costs of suit and
reasonable attorney's fees for such action.
City hereby covenants as follows:
1. That the City Council has determined that the provisions of
this agreement do not adversely affect the health, safety, and welfare
of the public.
2. That the requirements of Section 2 of Ordinance No. 1356 are
hereby waived, provided that. Applicant agrees in writing to participate
in any storm drain improvement program which includes or affects App1i.-
cantts real property as described in paragraph 2 of Applicant's
covenants herein.
ATTEST:
Ci - irk
APPROVED FOR FORM:
S
City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF REDLANDS
By /
Mai or
Appl carAl
Applilynt
On . Auqust 6 , 1969, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
,Wayne E. Mills and Marguerite A. Mills
known to me to be the person s whose names are subscribed to
the within .Instrument and acknowledged to me that theme executed, the
same.
In Witness Whereof, I have hereunto set my hand and affixed my
official seal. I]�d]R�if@N� yiliilill XltLLtFlFI➢ IHB11tlNlLLhidiffiaM
REAR i HA E. LEWIS
_ NOTARY PUBLIC_._
y'N cERNAR€ kNO COUNTY
CAUFORNM
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Notary Public in and for said County ly Commission Expires December 23, 1970
and State- Martha E. Lewis
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EXHIBIT A
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BOOK7282 PAGE 3 0 7
EXHIBIT B
That portion of Lots 6 and 7, Block 32, Residence A-1A
CUT
Plat of Redlands as per man recorded in Book 5 of Naps, WA
Page 12 thereof, records of San Bernardino County,
State of California, located westerly of the centerline
of that certain parcel conveyed to the City of Redlands
by deed recorded in Book 165, Page 111 of deeds, records
of said County.
Mgrs AGENDA
use LOCATION
only ITEM #
(To be completed by person submitting)
AGENDA ITEM FOR COUNCIL MEETING OF August ust 1969
(Date)
SUBJECT: Bui Id ng permit - 1042 Chestnut Avenue
SUBMITTED BY: NAME Department of Public Tlorks
ADDRESS Engineering Division - J. R. Shone
EXPLANATION:
Mr. [Mayne E. Mills has requested a building permit to construct a single family
dwelling at 1042 Chestnut Avenue. There is an existing stone drain traversing
Mr. Mills property and the city's policy for several years has been to require
these drains to be replaced with reinforced concrete pipe. This change from
covering the existing stone drain was initiated because of the numerous failures
that have occurred within recent years in the stone channels. However, in the
case of a single family dwelling on an existing lot, the expense of installing
a large concrete pipe could be so great as to prohibit anyone from building on
the site. It has been suggested that Mr. Mills sign an agreement similar to the
one used for sidewalk agreements, in which he would agree to replace the drain
at some future date if the rest of the drain were placed in concrete pipe, and
also the agreement would contain a hold harmless clause that would protect the
crt'Cy''ft'8m`�p�-zl�ttat�e--��.'ai-rt�s--that•-r�sui t�r�-�'ram--raving--ti��-�iirt�hr-vgen--t��rough
his property. Mr. Mills will boar,wWVlMd"Vt the Council meeting Tuesday night
VGUR�� ain his position.
RECOMMENDATION:
(Supporting Material to be Attached)