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Home My WebLink AboutDeeds & Easements_16-2020ERECORDING REQUESTED BY: Municipal Utilities & Engineering Department CITY OF REDLANDS WHEN RECORDED RETURN TO: CITY CLERK'S OFFICE CITY OF REDLANDS P.O. BOX 3005 REDLANDS, CA 92373 Electronically Recorded in O County of San Bob Dutton fficial Records Bernardino FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 CITY OF REDLANDS RELEASE OF LIEN The lien established by the recordation of that certain lien agreement to secure construction of public improvement dated October 10, 1984, recorded as instrument No. 84- 281755, in the Official Records of San Bernardino County is hereby released as to the following property: see the legal description attached hereto. Paul W. Foster, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose names is subscribed to the within instrument and acknowledged to me that he executed the same in his signatures on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. This Release of Lien is executed by the undersigned this,21,4T day of tjAY , 2020. ATTEST: By: _ nne Donaldson, City Clerk CITY OF REDLANDS M49 e74O, 1 �WWNWF �l%� ! • aul W. Foster, N4ayor Release of Lien Traci No. 12083.doc RECORDING REQUESTED BY: Municipal Utilities & Engineering Department CITY OF REDLANDS WHEN RECORDED RETURN TO: CITY CLERK'S OFFICE CITY OF REDLANDS P.O. BOX 3005 REDLANDS, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 CITY OF REDLANDS RELEASE OF LIEN The lien established by the recordation of that certain lien agreement to secure construction of public improvement dated October 10, 1984, recorded as instrument No. 84- 281755, in the Official Records of San Bernardino County is hereby released as to the following property: see the legal description attached hereto. Paul W. Foster, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose names is subscribed to the within instrument and acknowledged to me that he executed the same in his signatures on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. This Release of Lien is executed by the undersigned this d2 15T day of HAY , 2020. ATTEST: By: "ng4� nne Donaldson, City Clerk CITY OF REDLANDS I g�®Til�Paul W. Foster, Mayor Release of Lien Tract No. 12083.doe CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of �C,\ �CLt ( S �'1 0 J} On 1 C~ before me,��C� 1\LL�i�� i ��C�� CL�L j �L�4:�V Dote 4 _ Here Insert Name and Title of the Officer personally appeared U� tf C UA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persorCs whose name s) i are subscribed to the within instrume t and acknowledged to me that h'e/ wthey executed the same in /their authorized capacity es ;and that . � his/her/their signatur (s),on the instrument the perso s),,or the entity upon behalf of which the person acted, executed the instrument. WMAINS - California ino Coun;y 2175775sDec 16.20 20 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. i��,Signature ems. Signature of Notary Public yr, I Ivl\PiL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document R i Title or Type of Document: ' `� le��e� 6 -� L'k-e 1 Document Date: Signer(s) Other Than Named Above: Capaclty(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner -- 11 Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: M WRZN RECORDED, RETURN TOz 64R� � City Clerk City of Redlands OFFICIAL. RECORDS P. 0. Sox 280 Redlands, Calif. 92373 ND 0 NOY 26 AM W 14 ' SAN BERNARDINO CO., CALIF. LIEN AGREEMENT TO SECURE CONSTRUCTION OF PUBLIC I VEHENT9— Or nance No. 1772) t� THIS AGREEMENT, made this dk_ day of Oc_�Z t( , 0 , by and between the CITY OF REDLANDS, a municipal corpora- tion hereinafter called CITY, and ROSSMORE ISVESTMSrrs a:td FMK hereinafter called OWNER. WHEREAS, OWNER plans to construct certain improvements to real property in CITY: and WHEREAS, the laws of the State of California and the ordinances of the City of Redlands require that OWNER secure the construction of certain public improvements as a condition prece- dent to said planned improvements and the occupancy thereof] and WHEREAS, it is to the benefit of OWNER that he post an adequate guarantee to insure the construction of said public improvements and that he agree to install said public improvements; and WHEREAS, CITY is willing to approve said planned construc- tion and occupancy thereof prior to completion of the repaired public improvement work only upon the condition that OWNER agrees to complete said public improvement work in accordance with the provisions hereinafter set forth, and pursuant to California Civil Code Section 66499 authorizes a lien to be immediately placed upon this property as security for guaranteeing to CITY completion of said public improvement work and payment of claims of laborers and materialmen furnishing labor or material in the construction of said public improvements; NOW, THEREFOR, in consideration of the mutal convenants herein contained and for other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, it is mutually agreed as follows: 1. OWNER will -at his sole cost and expense (see attached) V U Attachment 7° Page 1 Tract No. 12083 (Engineering Division) 7. Judson Street.: a. Construct standard curb and gutter 24 feet westerly of street, centerline. b. Construct standard street section between t)ew curb and 1 iv street centerline. ice+ 8. Riverview Drive and Aviation Court: b. Construct standard street section between new curbs. 9. Pioneer Drive: b. Construct standard curb and gutter 24 feet northerly of street centerline and construct standard curb and auttor 24 feet each side of sl.reet centerline where required. c. Construct standard A.C. dike 10 Feet southerly of street centerline where required. d. Construct standard street section between new curb and 10 feet southerly of street centerline and construct standard street section between new curbs where required. 10. sessums Drive: a. Dedicate to provide €or a 64 foot street. b. ConscruCr standard curb and getter 24 Eeet each side of street centerline and construct ntandard curb and gutter transition from 20 feet to 24 feet on each aide or center -- line where required. C. Construct ntandard street section bet:we4:n new curbs. 11. Construct standard sidewal'k along the entire street frontage and install standard handicap ramps at all curb returns. 12. Install 28 sodium vapor ornamental street lights. 13. Pay $200 for 4 street name signs and $400 for 4 stop signs. 14. Provide adequate drainage facilities including but not limited to installation of an adequate sized R.C.P. in Judson Street (Zone 4, pane 10 of the City of Redlands MasCer Plan of Storm Drains). -1a - ,Attachment TS' page 1 (cont.) Tract No. 12083 (utility Division) Water Section r� 2. Install water system as per map on file in the public Works Department. � 3. Install commercial fire hydrants as required by City Fire Department. Cil Sewer Section 1. Install sewer system to serve all lots which presently require extension to a point near Alabama Street. PARK DEPARTMENT I. Plant street trees as provided for in the Subdivision ordinance. Submit detailed landscape plan at the time each parcel is developed prior to, issuance of any building permit. FIRE DEPARTMENT I. The Eire protection water system that will supply Eire hydrants will conform to theCity of Redlands Department of Public works Utility Division Water Section Standard Specifications and detail drawings with latest revisions r_hereof. . Required fire hydrants: Commercial Eire hydrant Spec, No. W-45 45 as per map on File in Planning Department and Department of Public works. -lb- y = F 2. OWNER agrees that all of said public improvements a's required and referred to in provision 1 hereof, shall be commenced and completed within thirty (30) days of receipt of a written request from CITY to so construct said improvements, and OWNER further agrees that all of said public improvements shall be commenced and completed in accordance with then existing laws, ordinances, and standards relating to same, and.further subject to the approval of the City Engineer. 3. OWNER further agrees to furnish all equipment, material, labor and engineering services necessary to complete said improve- ,= ments, to do said work in a good and workmanlike manner in accordance with specifications of CITY as communicated by the City Engineer and Department of Public Works of CITY, and to pay CITY its actual costs of engineering and inspection services to be rendered on such work. 4. Said public improvements shall not be deemed completed until approved and accepted as completed by CITY's Council. 5. OWNER further agrees concurrently with the execution of this agreement that CITY shall have a lien upon the property, herein described, of the OWNER for the performance by the OWNER of this agreement and of every provision herein in the mode and at the time provided. Time shall be of the essence of this agreement, and upon default in the performance of any promise of OWNER herein or by OWNER of any term or condition hereof, CITY may decla.�� rh- wY.'kle amount :'Icica:idwr 'hen uwing to be due and parable !nd -may enforce said work to be done, or in the alterna- tive CITY may elect and cause the completion of the construction and then institute foreclosure proceedings on this lien to pay for -the same. 6. OWNER agrees that the cost of said improvements, including engineering and inspection services by the CITY, plus any possible payment of claims of laborers and materialmen furnishing labor or material in the construction of said public improvement, at the date of execution of this agreement is approximately - �1,499,015 - $16D,000 * _ (S xxxxxx ). OWNER authorizes a lien upon his property foe p Y security to insure either the construction of said public improve- ment by his own action as provided in this agreement'or as payment to the CITY of said amount in case the OWNER defaults in perfor- mance of this agreement. The amount of the lien shall be the amount indicated in this paragraY]-c 6, adjusted to reflect changes in said costs as provided in the Engineering News Record Construction Cost Index as of the date of the CITY's written request to construct the improvements as provided in paragraph 2 Of this agreement. OWNER understands and agrees that he and his heirs, successors, or assigns will be responsible for full reimbursement to the CITY for the CITY's actual cost of * $160,000 - City obligated gas tax project -2- Attachment T Page 3 LEGAL DESCRIPTION The land ;referred to in this legal description is situated in the City of Redlands, County of San Bernardino, State of California, j and is described as follows; All of the [north 1/2 of the South 1/2 of Section 13, Township l p_A South, Range 3 West, SAN BERNARDINO BASE AND MERIDIAN, City of 'mot Redlands, County of San Bernardino, State of California, according to the official Plat thereof. C;1 UXCEPT the East 986.20 feet or the Northwest .1/4 and all of the Northeast 1/4 both of the Southeast 1/4 o` said Section 13. ALSO EXCEPT that portion of the North 1/2 of the Southwest 1/4 conveyed to the City of Redlands by deed recorded August: 3, 1964, in Book 6202, page 956, Official Records of said County, described as follows: BEGINNING at the Northwest corner of the Southwest 1/4 of said Section 13; thence Easterly along the North line of said Southwest 1/4, North 89' 30' 34" East 1800 feet, thence south 86' 19' 17" west 1802.78 feet to the Wes* line of Section 13: thence along the West line of said .Section 13, North 0' 32' 14" West 100 .feet to the North- west corner of the Southwest 1/4 of Section 13 and the point of beginning. ALSO EXCEPT that portion of the South 1/2 of said Section 13 conveyed to the City of Redlands by deed recorded February 1, 1574, in Honk 8360. page 34. Official. Records and recorded May 17, 1974, in Book 8433, page 1042, Official Records of said County, described as follows: All that portion of the South 1/2 of Section 11, Township I South, Ranyc 3 'rust, San Sernardino Fsase and Meridian, .in the City of Redlands, County of San Bernardino, State of California, described as follows: COMMENCING at the Northwest corner of the South 1/2 of said Section; thence Easterly along the North line of the South 1/2 of said section North 89' 54' 45" East 1800 feet (recorded as North 89' 30' 34" East 1800 feet by deed recorded in Book 6202. page 956, Official, Records of said County) to the true point of beginning; thence continuing along the North line of the South 1/2 of said Section, North 890 54' 45" East 1132.56 feet to a point which is South 89' 54' 45" Went 2305.45 feet from the Northeast corner of the South 1/2 of said Section; thence Souti: $7' 03' 23" west 1134.05 feet; thence South S44 19' 30" West 181-0.30 feet to a point on the West .line: of said South 1/2 of Section 13; thence North 0*21' 07" Fast along the West line of said South 1/2 of Section 13, 132.47 feet to the Southwest corner of that certain parcel of land conveyed to the City of Redlands by the aforesaid deed recorded in Book 6202, page 956, Official Records of said County; thence North 86' 43' 26" East :along the Southerly line of the afore- said parcel deeded to the City of Redlands, 1803.56 feet (recorded by said dead as South 66' 19, 17" West 16-02.78 feet) to the point of beginning. constructing the improvements Contemplated herein, notwithstanding the fact that such casts may exceed the amount of the lien created pursuant to this agreement. 7. CITY shall have the right immediately to record this agreement in the official Records of the County of San Bernardino, ! State of California, as an instrument affecting and creating a 00 lien upon the title to property of OWNER herein described; and, upon full performance by OWNER of this agreement, CITY shall execute Cil and deliver to OWNER an instrument of full satisfaction of this agreement, which instrument shall fully and accurately describe the property of the OWNER herein described. This agreement shall be recorded before a building permit is issued to OWNER for said planned construction. 8. OWNER agrees to waive, as a defense, counterclaim or setoff, all and any defects, irregularities or deficiencies in ordinances or resolutions of CITY or of its officials or agents in regard to the authorization or making of said improvements and in regard to the defectiveness or voidness of aforesaid agreement between CITY and OWNER; and OWNER agrees to indemnify and hold harmless CITY, its officials or agents as to loss or damage from such defects, defectiveness, irregularities, omissions, deficiencies or voidness. 9. The property of OWNER to which this agreement is appli- cable is located at Northeast corner of Judson Street and Pioneer Ave., ,strcct a rasmy Redlands, California, and its fell legal description follows: (See attached description) - 3.. 10. The lien created pursuant to this agreement shall run With the property described herein, and the requirements imposed by this agreement shall bind the heirs, successors and assigns of said property until satisfied in full. 11. Should any legal action be brought for the purpose of protecting or enforcing its rights under this agreement, the prevailing party shall recover, in addition to all other relief, its attorneys` fees and court costs in an amount to be fixed by the Court. ATTEST: !1 }l t C e CITY OF REDLANDS Mayor " OWN R SM1RM IP Vf ST?1C5 awivrii .._ Fr�c STATE OF CALIFORNIA J COUNTY OF SAN BERNARDINO) On -Public �{�)�r, 19? , before me, the undersigned, a�aotary Public in and or s id�Clounty and State, personally appeared persona y nown to me (or proved to me on the basis of satisfactory evidence) to be the person(s) shoe name(s)7 (are) subscribed to this instrument and acknowledged that executed it. IN WITNESS WHEREOF, I hereunto set my and and official seal, =PATRJCIA SEAT. & L hIGUORi O Py P C 1na sal cAL1.ORNFA County d 5 tate wUM My coruniesion expires , lU1S 3, Sis7 -4—