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HomeMy WebLinkAboutContracts & Agreements_25-1979_CCv0001.pdf BOOK9678 1491 � �0 A G R E E M E N T The parties to this agreement, dated -this 30th day of April 19 79 are the city of Redlands, a municipal corporation hereinafter called "City" and Mary Catherine Parker, Thomas D. Parker, Herschel D, Wilcox and Peggy R. Wilco B —0 �cluding all assignees, heirs, mortgagees, and successors in interest, herein- after called "Applicant" . RECITAL WHEREAS, Ordinance 1562 requires certain improvements in connection with the division and/or development of real property, and WHE'REAS, the City Council requires that property owners, subdividers, and developers shall conform to the Master Plan of Streets and Higl­iways of the city of Redlands, provide concrete curbs, gutters, sidewalks, paving, drainage structures, street lights, engineering and other requirements in accordance with city specifications, and dedicate to the city such land as is necessary for the location or relocation of public utilities, and street widths as established in the General Plan of the city of Redlands, and WHEREAS, Ordinance No. 1.447 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, vhether privately or publicly initiated; and that such agreement shall be recorded with the County Recorder by the City Clerk. WHEREAS, the Advisory Committee may, upon unanimous vote of its entire membership, suspend the requirements for street improvements as specified in Exhibit "A" , provided, however, that RECORDING REQUESTED BY: City of Redlands WHEN RECORDED, RETURN TO: City Clerk RECORDEDIan City of Redlands F I C!A Post Office Box 280 Redlands, California, 92373 'l S A 46 PA,­14492 .m applicant shall agree in writing to participate in any street improvement for the Block in which the property is located, whether privately or publicly initiated, and WHEREAS, the requirements and conditions applicable to development of the applicant' s property are attached hereto and identified as EXHIBIT "A" . COVENANTS Applicant hereby covenants 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 real 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 "B" attached hereto. 3 . To pay the sum which is determined by the Director of Public Works to be Applicant ' s pro rata share of the cost of the street improvement program, and to be object to the same pro- visions 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 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 in interest fails to comply with any terms of this agreement or acts contrary to any ordinance of the City of Redlands, the City may bring 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 the Advisory Committee has determined in accord- ance 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 -2- 1493 BOOK9 67 S f City of Redlands hereby approves and adopts such determination by the Advisory Committee. 2. That the requirements as described in EXHIBIT "A" are hereby suspended 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. C IT ITY OF"--R�LAND A B May ,7 pplicanr Ma 4therine Parker icant pa sr [Y-.7Ya—r-ker ATTEST: Applicant e,/ e .............-, lcox ApplicantR. W11cGR 051V City APPROVED FOR FORM: s/ Edward F. Taylor City Attorney STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO) On April 30 , 1979 , before me, the undersigned, a Notary 'Public in and for said County and State, personally appeared Mary Catherine Parker, Thomas D. Parker, Herschel D. Wilcox, & Peggy R. Wilco) known to me to be the person (s) whose name (s) ja (are) subscribed to the within instrument, and acknowledged to me that he executedthe same. ,.,- ,N-+ITTNESS WHEREOF, I have hereunto set my hand and affixed (my off ial)seal . Nota iTT' and for said County rid State. T�Iy co7,urission expires August 3 , 1981 �MA TY my co nit-, -3- EXHIBIT "A" Engineering Division requirements for Z�Ii..nor Subdivision No. 56 covered by this agreement. 6. Texas Street b. Construct standard curb and gutter 32 feet easterly of street centerline. c. Construct standard street section between new curb and street centerline. 7. Lawton Street a. Construct standard curb and gutter 18 feet westerly of street centerline. b. Construct standard street section between new curb and street centerline. 8. Construct standard sidewalk along the entire street frontage. 9. Provide adequate drainage facilities. 10. Install one sodium vapor ornamental street light. x That portion of the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 22, TOwnshiP 1 South, Rhe 3 West, San Bernardino Meridian, in the City of Redlands, County Of San Bernardino, State of California, according to the official plat thereof, described as follows: BEGIMING 33 feet East and 396 feet South of the Northwest conver of the southwest one quarter of said section; thence East 269 feet to the West line of Lawton Street; thence South 132 feet; thence West 269 feet to the East line of Texas Street; thence North 132 feet to the point of beginning, E Sic. 22 --- LUG,a�i. o °� F X � F -T �j bv T'�h-4'Qt^SA GbJY'�� by9�7 . . ' 33' r 1 r