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HomeMy WebLinkAboutContracts & Agreements_24-1977WHEN RECORDED, RETURN TO: o ..City Clerk City of Redlands ULJ Post Office Box 280 N�' � � 632 Redlands, California 92373 No FEE D A G R E E M E N T sop,K9243 pp.cn 952 RECORDED IN OFFICIAL RECORpg AUG -17 1977 AT 9:30 AM V. DENNIS WARDLE CLERK -RECORDER SAN BERNARDINO COUNTY, CALIF.. The parties to this agreement, dated this 12th day of August , 1977 are the City of Redlands, a municipal corporation, hereinafter called "City", and FIRST ASSEMBLY OF GOD OF REDLANDS , including all assignees, heirs, mortgagees, and successors in interest, hereinafter called "Applicant," RECITAL WHEREAS, the Planning Commission and the City Council have required certain street dedications and improvements in accordance with Ordinance no. 1000, and conforming to the General Plan for development of property and the Master Plan of Streets and High- ways of the City of Redlands, such requirements include concrete curbs, gutters, sidewalks, paving, drainage structures, street lights, engineering and other improvements as provided in city specifications, and the dedication to the city of such land as may be necessary for the location or relocation of public utilities, and street widths, and WHEREAS, Ordinance No. 1447 of the City of Redlands has established an Advisory Committee of three persons, including one member each from the City Council, Planning Commission, and Public Works Department, and authorized it to waive any and all requirements for sidewalks, curbs, gutters, paving, drainage structures, street lights, engineering and other improvements required by city specifications, and dedications, provided that said committee has made a unanimous finding that such an action will not adversely affect the health, safety, and welfare of the public, and further provided that appellant has agreed in writing to participate in any street improvement program for the block in which the property is located, whether privately or publicly initiated; and that such agreement shall be recorded with the County Recorder by the City Clerk. WHEREAS, the requirements and conditions applicable to development of the applicant's property are attached hereto and identified as Exhibit "A". 4-5 BOOK9243 PAcE 953 COVENANTS Applicant hereby covenants as followsa 1. To participate in any street improvement program for the block, street or area in which applicant's property is located, or which affect applicant's property. 2. That the Applicant's property to which this agreement applied, and which will be included in any street improvement program for the block, street, or area, is described on Exhibit "B" hereto attached. 3. To pay the sum which is determined by the Director of Public Works 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 improve- ment program. 4. This agreement shall be binding upon and enforceable against Applicant and all assignees, heirs, mortgagees, and successors in interest, and shall be recorded in the office of the County Recorder. 5. If Applicant(s) or any successor ininterest fails to comply with any term of this agreement or acts contrary to any ordinance of the City of Redlands, the City may initiate pro- ceedings and file a proper action to enforce this agreement and said ordinance. Applicant and all successors in interest agree to pay all costs of suit and reasonable attorney's fees for such action. City hereby covenants as follows: 1. That on the 13th day of June __, 19_77 _, the Advisory Committee has unanimously determined in accordance with Ordinance No. 1447 of the City of Redlands that the provisions of this agreement do not adversely affect the health, safety, and welfare of the public, and the City Council of the City of Redlands hereby approves and adopts such determination by the Advisory Committee. - 2 - BOOK9243 ew 054 2. That the requirements as described in Exhibit "A" hereby are suspended provided that Applicant(s) agrees in writing to participate in any street improvement program which includes or affects Applicant's real property, as described in paragraph 2 of Applicant's covenants herein. CITY FIRST--AS-44MRRor GOODJ�F REDLANDS Applicant President ATTEST: Applicant Secretary City APPROVED FOR FORM: s/ Edward F. Taylor City Attorney STATE OF CALIFORNIA } COUNTY OF SAN BERNARDINO) On , 19 before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person(s) whose name(s), is (are) subscribed to the within Instrument, and acknowledged to me that he — executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal. Notary Public in and for said County and State My commission expires -3-- C, ZY /_3 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO)ss. On August 12, 1977, before me, Loretta C. Poyzer, a Notary Public in and for said State, personally appeared Pastor Paul Keeth known to me to be the President and Peter Loenhorst known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. IIlklIII111111 Stilllll111111 i{I1111111111 i}S IIIII11111 it kllllll ltlllllli}{II1111111lSSI EIIII11111li itl ll11111l11111111 SEAL OFFICIAL. _ l.LORETTA C. POYZER ary *ountyv Public nd for said �13 f,":-�. NOTARY PUBLIC CALIFOP.NIA and Sta G PRMCiPAL. OFFICE IN SAN BERNARDINO COUNTY = My Commission Expires June 3, 1981 My Commission expires 6/3/81 1[i]l lllilllllfii5111111111 Siii1!ll litllll Si1111111111 Sii111111111111SI511Illil 111 St1111111illl iiillll IIIIII li111llllt CV G All that portion of lot Redlands, County of San map thereof recorded in of the county recorder 31, of Redlands Heights, in the City of Bernardino, State of California, as per. book 11 page 16 of Maps, in the office of said county, described as follows: BEGINNING at the northwest corner of said block 31; thence along the north line of saig block 31, North 530 53' 00 East, 518.70 fe8t; thence South 85 07' 00" East, 102.50 feet; thence South 50 43' 00" East 180.50 feet, to the northeast corner of said block 31; thence South 463.30 feet, to the northeast corner of the property conveyed to Tied F. Jenkins and wife, by deed re- corded May 24, 1948 in book 2234 page 25 Official Records; thence Westerly, along the northerly line of the property so conveyed to a point in the west line of said lot 31, which is 343.81 feet north of the southwest corner of said Block; thence North, along the west line of said lot 271..30 feet to the point of beginning. EXCEPT that portion thereof, described as follows: BEGINNING at the northwest corner of said lot 31; thence along the northwesterly lane of said lot 31, North 530 421 46" East, 283.11 feet; thence South 150 041 41" East, 128.53 feet; thence South 560 54' 20" East, 110.28 feet; thence South 260 23'.16" East, 100.00 feet; thence South 180 251 06" East, 178.73 feet, to the south Line of that certain parcel of Land as conveyed to Buin Corporation, by deed recorded April 21, 1959 in book 4795 page 248 Official Records, in the office of the count recorder of said county; thence along said south line North 89 24' 00" West, 454.16 feet, to the west lane of said lot 31, distant along said west line South 00 101 14" East 271..16 feet (record 271.30 feet) from the point of beginning; thence along said West line North 00 10' 14" West 271.16 feet (record 271.30 feet) to the point of beginning. SUBJECT TO: All general and special taxes for the fiscal year 1964--1965 Covenants, conditions, restrictions, reservations, rights, rights of way and easements of record