HomeMy WebLinkAboutContracts & Agreements_31-1977` WHEN RECORDED, RETURN TO:
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caE City Clerk, City of Redlands
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A G R E E M E N T
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OCT 1177Ai 10:00AM
V. DENNIS WARDLE
CLEPK-RECORDER
The parties to this agreement, dated this 12 day of
October F 19 77 are the City of Redlands, a
municipal corporation, hereinafter called "City", and
Dr. obert L. Mule , 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. 1447 that the existence of sidewalks
and curbs or gutters constructed of material other than concrete
and the lack of adequate curbs, gutters, and sidewalks and paving
are dangerous to the public health and safety, and
WHEREAS, in said Ordinance No. 1447, the City Council
requires that any owner, lessee, or agent constructing or
arranging for the construction of a building or dwelling shall
conform to the Master Plan of Streets and Highways of the City
of Redlands, provide concrete curbs, gutters, sidewalks, paving,
street lights, drainage facilities in accordance with city
specifications, and dedicate to the city such lands as is
necessary for the location or relocation of public utilities,
and street widths as specified by the Master Plan of Streets and
Highways, and
WHEREAS, in Ordinance No. 1447 the City Council provides
for exceptions from the immediate construction and installation
of required improvements under the following conditions:
That the Advisory Committee of three persons,
including one member each from the City
Council, Planning Commission, and Public
Works Department as established by the
City Council, and authorized to waive any
and all requirements for sidewalks, curbs,
gutters, paving, street lights, drainage
facilities and other improvements required
by city specifications, and dedications,
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 agree-
ment shall be recorded with the County
Recorder by the City Clerk.
COVENANTS
Applicant(s) hereby covenant (s) as follows
1. To participate in any street improvement program for the
block, street, or area in which Applicant's property is located,
or which affects Applicant's property.
2. That the Applicant's property to which this agreement
applies, and which will be included in any street improvement
program for the block, street, or area, is described on Exhibit
"A" attached hereto.
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. This agreement shall be binding upon and enforceable
against Applicant(s), his, her, their assignees, heirs,mortgagees,
and any successor in interest, and shall be recorded in the
office of the County Recorder.
5. If Applicant(s) or any of his, her, their successors`
in interest fails to comply with any term of this agreement or
acts contrary to any provision of Ordinance 1447, of the City
of Redlands, the city may bring action to enforce this agree-
ment and said ordinance. Applicant(s) and his, her, their said
successors in interest agree(s) to pay all costs of suit and
reasonable attorney's fees for such action.
City hereby covenants as follows-.
1. That the Advisory Committee has unanimously determined
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 approves and adopts such determination by
the Advisory Committee.
2. That the requirements of Section 2 of Ordinance No.
1447 are hereby waived, provided that applicant 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.
Ap licant
ATTEST:
Applicant
City k
APPROVED FOR FORM:
Edward F. Taylor
City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO)
On October 12, 19719, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
---Dr. Robert L. Mole ---
known to me to be the person(x) whose name(K) is (NKK) subscribed
to the within instrument, and acknowledged to me that the executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal.
N tary Public i d for said
County and Stat/ .
My commission expires 6/3 81
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OFFICIAL SEAL
LORETTA C. POYZER
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
SAN BERNARDINO COUNTY =
My Commission
Expires June 3, 1981 ff
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Ex,aIBrr "A"
LEGAL DESCRIPTION
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That portion of the
San Bernardino Base
follows:
Southwest 1/4 of Section 1, township 2 south, range 3 West,
and Meridian, according to Government Survey, described as
Beginning at the northwest corner of said southwest 1/4 of said Section l;thence
along line of said southwest 1/4 of said Section 1 north 84 degrees 30' east
(magnetic variation 15 degrees east) 364.4 feet; .thence along middle line of Ross
mont Drive as shown on Map of Country Club Park Subdivision, south 5 degrees 30'
east 261.6 feet; thence south 25 degrees 11' east 201..12 feet to a point said
point being the true point of beginni.ng;thence south 25 degrees 111 east 220.28
feet; thence south 43 degrees 54' west 449.8 feet; thence north 51 degrees 19'
west 173 feet; thence north 14 degrees 41' east 295 feet; thence north 9 degrees
22' west 33.3 feet; thence north 75 degrees 08' east 100 feet; thence north 69
degrees 18' east 200.4 feet to the point of beginning.
Excepting therefrom any portion lying within Rossmont Drive and Valle Vista Place
Also excepting therefrom:
That portion of the southwest 1/4 of Section 1, township 2 south, range 3 west,
San Bernardino Base and Meridian, in the city of Redlands, according to Govern-
ment Survey described as follows:
Commencing at the intersection of the center lines of Rossmont Drive and Valle
Vista Place; thence south 430 54' west along the center line of Valle Vista
Place 209.08 feet to the true point of beginning; thence continuing south 430 54'
west along said center line 240.72 feet, more or less, to the most easterly cor-
ner of Lot 6,Tract No. 2116, as per plat recorded in book 30 of Maps,page 62,
records of said County; thence north 510 19' west along the northeasterly line o
said Lot 6, 173 feet to the most northerly corner thereof; thence north 140 41'
east 225 feet to the southeast corner of the land conveyed to Herbert E. Crouch
by deed recorded November 20, 1944 in book 1715,page 346 of official records;
thence north 880 20' east along the southerly lane of said land 106.3 feet to an
angle point therein; thence southeasterly to the point of beginning.
Excepting therefrom the southeasterly 15 feet lying within Valle Vista Place.
Also excepting therefrom all that portion of the southwest 1/4 of Section 1, towr
ship 2 south, range 3 west, San Bernardino Base and Meridian, in the city of Red-
lands, according to Government Survey, described as follows:
Commencing at a northwest corner of said southwest 1/4 of Section 1; thence alone
the north line of said southwest 1/4 of said Section 1, north 840 30' east (mag-
netic variation 150 east), 364.4 feet; thence along the middle line of Rossmont
Drive as shown on Map of Country Club Park Subdivision south 50 30' east 261.6
feet; thence south 250 11' east 201.12 feet to the true point of beginning of the
property herein described; thence south 250 11' east along the center line of
Rossmont Drive, 65 feet; thence south 580 15' west 256 feet; thence south 880 20'
west 106.30 feet; thence north 140 41' east 70 feet; thence north 90 22' west
33.30 feet to the northerly line of the property conveyed to Clarence T. Halburg
Jr. and wife, by deed recorded May 10, 1939, in book 1346 of official records,
page 298; thence north 750 8' east 100 feet; thence north 690 18' east 200.40
feet to the point of beginning.
Excepting therefrom the easterly 15 feet thereof lying within Rossmont Drive.
SUBJECT TO: Second one-half general and special taxes for the fiscal year 1976-
1977. Covenants, conditions, restrictions, reservations, rights, rights of way
and easements of record.