HomeMy WebLinkAboutContracts & Agreements_45-19771 WHEN RECORDED, MAIL TO:
4�, City Clerk, City of Redlands*
Post Office Box 280 82
Redlands, California, 92373
A G R E E M E N T'
ar,-Ug93-111.6 FAG€ S.,62
RECORDED IN OFFICIAL RECORDS
DEC ',21 1977 xr 10.00 A
V, 'DEN ',S ifVARDI-E
The parties to this agreement, dated this 28 :Lb day of
19_= are the City of Redlands, a
municipal corporation, hereinafter called "City", and
John V. Churchill including all assignees,
h•�irs, 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,
i
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Bo-K9316 ¢,m
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:
-- 2-
S
Eoc,MiG FmGt 964
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.
ATTEST:
Ci rk
APPROVED FOR FORM:
sl Edward F. Taylor
City Attorney
STATE OF CALIFORNIA }
)
COUNTY OF SAN BERNARDINO)
John V. Churchill
Applicant
On November 28 , 1977 , before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
---John V. Churchill ---
known to me to be the person (&) whose name (a) is (.axe) subscribed
to the within instrument, and acknowledged to me that the executed
the same.
IN WITNESS WIMREOF, I have hereunto set my hand and affixed
my official seal.
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The North 117' of Lot 12, Block X, Lugonia Parks, in the County of
San Bernardino, State of California, City of Redlands, as per map
recorded in Book 4, page 50 of maps, in the office of the County
Recorder of said County, excepting thereof the South 50' of the
East 75' thereof.