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HomeMy WebLinkAboutContracts & Agreements_28-1973Recording requested by: A G R E E M E N T CITY OF f�DLAN®S (Covenant Running With The Land) 60RECORDED M OFFI' AL RECORDS �c1A Ei? MAIL 710 8 SAN BEI�NA1T,:r' CDUNTY Cal. C;i-k-RK, C TY :-rt;l-L CHARLES A. �i.RECORDRA THIS CONVENANT, dated the 5.00 1973 JUL 10 B 26th PM 2 20 500nS221 ~rui 802 day of June 19 73 , is made and entered by and between THE CITY OF REDLANDS, hereinafter called "CITY", and Bill G. Kellison and Anita Kay Kellison } hereinafter called "OWNER", as a Covenant Running With The Lando D-ti 4-n1 - 1. Owner owns the real property situate in the County of San Bernardino, State of California, described on Exhibit A attached hereto, and incorporated as a part of this covenant, and hereinafter referred to as "property". 2, Owner desires to obtain a domestic family dwelling water connection to the. Redlands Domestic Water System. FOR AND IN CONSIDERATION of the covenant contained herein the City and the Owner agree as follows: 1, That Owner may make a connection to the Redlands Domestic Water System for a domestic family dwelling subject to the terms, conditions, and requirements of all ordinances, resolutions, rules, and rates adopted by the City, and performance by Owner of the covenants herein. 2. That Owner shall annex property to the City of Redlands no later than 120 days after the City makes a written request for such annexation by personal delivery to Owner or by registered letter, deposited at a United States Post Office, bearing the following address: Owner: Bill G. Kellison and Anita Kay Kellison Address: 1159 South Sapphire Mentone, California 92359 3. That Owner shall be charged and pay twice the water rates established by City ordinance or resolution for service to properties. BooK8221 enE `80.3 . situate outside City upon Owner's failure to consent to annexation of property no later than 120 days after the request to do so, The rates which shall be doubled in the event of Owner's refusal to annex shall be the outside rates in effect on the 121st day after the City's request for annexation. 4. That this covenant shall be recorded in the office of the County Recorder of San Bernardino County, a covenant running with the land described herein, which covenant shall obligate and be binding upon Owner, his assigns, transferees, executors, trustees, and every other successor in interest. ATTEST: bEAL ty Cl.er STATE OF CALIFORNIA } ) ss. COUNTY OF SAN BERNARDINO) On CITY OF REDLANDS June 26th , 19 73 , before me, the undersigned, a Nortary Public in and for said County and State, per- sonally appeared Bill G. Kellison and Anita Kay Kellison known to me to be the person(s) whose name(s) is/are subscribed to the within Instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offi..cial, seal. JANICE L. MompSON tlm NOTARY PUBLIC SAN BERNARDINO COUNTY "' CALIFORNIA lyly Commission Expires June 5, 1977 N Janice L. Thompson My Commission expires: June 5, 1977 Loan No: 1.01-702419-9 AGREEMENT BooK8221 PAGE 804 THIS AGREEMENT, made this ........... 3-d....... day of ........... may ......................................... , 19... fig., by and between SIERRA SAVINGS AND LOAN ASSOCIATION, a California corporation, hereinafter referred to as "ASSOCIATION", . ALF'R.ED C. ST1.,1"LL and iM.M.I..s,e...SE;,rEU..-.11';as AAd... alld, l� :after z'eferred to as "SELLER", and ..-T31LL•.G.-•-III<l;?SQ•-atI•• Ai' I+L1rIS0il��tt2s�tmCl f2>c natr referred to as "PURCHASER"; WITNESSETH THAT: WHEREAS, SELLER is obligated and liable to ASSOCIATION on a promissory note dated... April... 28........ ....... '�� I7 1967 ry 1$450.; Q�Oith interest at the rate of.....- 19......1},nhe'pri�5"clpai amount of �....1. ,4Q.l43..-.._....... fs��3.......per cent per annum, which note is secured by a deed of trust recorded in Book...... 617-2.................. Page-.--b$Q...................... Official records of ........Sara--Bernardino........................County, covering real property described as: The north 65 feet of the South 130 feet of the East 175 feet of Lot 1, Block 32, CR FTON TRACT, in the County of San Bernardino, State of Calixornia, As per plat recorded in Boot 3 of Maps, Page 14, records of said County. Said East 175 feet being measured froze the center line of a 50 foot wide Sa-bphire Street NOTT.': Said Lot 1, Block 32, CF,*-T0N TRACT, is also shown on licensed land surveyor's map in Book 3 of Records of Survey, Page 2-9. and ASSOCIATION is now the owner and holder of such promissory note, and is the Beneficiary of such deed of trust; and WHEREAS, said deed of trust incorporates by reference terms of that certain deed of trust recorded on....--............ ........ tTbe7 .rh ................ 19-. fi1.., in--..--....San..J errzardlirno... County in Book ........559.j......, Page ....... r�s�...-------- and Paragraph (17) therein provides that should said property. or any party thereof, be sold, conveyed, transferred, or disposed of without the written consent of Beneficiary being first obtained, then Beneficiary shall have the right at its option to declare all sums secured thereby forthwith due and payable; and WHEREAS, SELLER has sold and conveyed, or is about to sell and convey, the real property described in such deed of trust to PURCHASER, and the written consent of ASSOCIATION for such transfer has not been obtained: NOW THEREFORE, In Consideration Gf the mutii-:l agreenients of the parties hereto, it is her_ -by afire-ed x.3 follows: 1. ASSOCIATION waives its right to declare the entire amount of the indebtedness due and payable under the terms of Paragraph (17) as hereinabo•:e set forth because of the transfer from SELLER to PURCHASER. 2. PURCHASER does hereby assume such promissory note and deed of trust and agrees: (a) To pay the above note at the times, in the manner, and in all respects as provided therein; (b) To perform all acts SELLER was or is bound to perform under the deed of trust; and (c) To be bound by such deed of trust and promissory note in all respects as if the deed of trust and promis- sory note had been executed by PURCHASER. 3. SELLEP agrees that he will continue to be liable to ASSOCIATION for the indebtedness evidenced by said note and secured by such deed of trust in accordance with the terms of such note and deed of trust, and that no extension, renet,•al, or modification of such indebtedness or of the note and deed of trust evidencing and securing such indebtedness, entered into between ASSOCIATION and PURCHASER, shall release SELLER from liability for such indebtedness according to its terms. 4. PURCHASER and SELLER agree to waive the statute of limitations to the full extent permitted by law as to such promissory note and deed of trust. 5. All parties to this Agreement specifically undertake and agree that nothing in this Agreement shall be under- stood or construed to be a novation, or to amount to a satisfaction, release, or modification in whole or in part of the note or the deed of trust, or of the property involved in the deed of trust, from the effect therr_ot, nor to impair the right of sa'.e providers for under the. terms of the deed of trust or remedy provided by law for the forccio�ure Of deals of trust by action or otherwise. THIS ACREE)IENT is binding upon parties hereto, their heirs, Ieg_Aces, devisees, administrators, executors, successors, transferees, and assigns. DATED:.. y...2 3...>i9........................................... SIERRA SAVINGS AND LOAN ASSOCIATIO.: BY........................................................................ ...................... ... "ASSOCIATION" Conrad Y"iowlcs - Vice Yreside:;tt ........... •. ...........................................................................I ................. Alfred C. Sewell .......................................... Edith icy SowFrG� Bill G. 1C llisori .............................,..-.......... ... .... ..... ................ .I ...... ... "PURCHASER" -, Anita Kay Kellisora