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HomeMy WebLinkAboutContracts & Agreements_2-1999_CCv0001.pdf AGREEMENT REGARDING PURCHASE OF FEE INTEREST This Agreement is made and entered into on this 30th day of December. 1998, by and between the City of Redlands (hereinafter referred to as "City"), and Brian Buoye and Kimberly Buoye, (hereinafter referred to collectively as "Owner"). RECITALS WHEREAS, Owner is the fee owner of that real property more particularly described in Exhibit "A" which is attached hereto and incorporated herein by this reference (hereinafter the "Subject Property"); and WHEREAS,City has made a good faith offer to Owner to acquire the Subject Property for a public use pursuant to California eminent domain law; and WHEREAS,Owner has been apprised, and is aware, of the statutory requirements relating to appraisals, offers and pertinent procedural requirements as to the acquisition of the Subject Property, and all matters relating thereto; and WHEREAS, Owner is satisfied that the aforesaid procedural requirements have been fulfilled in the appraisal,negotiation and this Agreement relative to Owner's Interest in the Subject Property and all matters relating thereto; and WHEREAS,the parties are in agreement and wish to provide for the payment to Owner by City for the acquisition of the Subject Property,for the City's public project and the settlement of all claims arising out of the public project as it affects Owner's interest in the Subject Property, Now,therefore,the City of Redlands and Brian Buoye and Kimberly Buoye agree as follows: 1. City shalt pay to Owner the total sum of$32,000 upon City's receipt of an executed deed conveying Owner's interest in the Subject Property to City, free and clear of all liens, encumbrances, conditions, assessments restrictions, easements, delinquent tax liens and all subleasehold interests, if any; and a Temporary Construction Easement in the form attached hereto as Exhibit "B." 2. Owner warrants that there are no oral or written leases,sub-leases,rental agreements, licenses,ownership claim or other rights of possession and/or ownership on all or any portion of the Subject Property and agrees to defend, indemnify and hold the City harmless for any and all loss or expense occasioned by reason of any lease, sub-lease, rental agreement, license or other right of ownership, lien, encumbrance and/or possession held by any other party in the Subject Property, Owner agrees that City has satisfied all legal requirements imposed by Government Code Sections 7261, 7267,1 and 726- 4. Owner hereby releases and forever discharges City and its elected officials,officers, employees and agents from any and at I causes of action,judgements,liens,indebtedness,obligations, losses, claims, damages, liabilities and demands of whatsoever kind or character in any manner W.M35991T whatsoever asserted or assertable as of, or prior to, the date of this Agreement and it is agreed that the consideration as provided by the terms of this Agreement is in full settlement of(i) any claim Owner has made or could have made in any eminent domain action a(,alnst City,its elected officials, officers,employees or agents,including,but not limited,to claims for the Subject Property,including fixtures and equipment,the leasehold interest in the property, if any, loss of business goodwill and unreasonable precondemnation activity; (ii) any claim Owner has made or could have made under the Relocation Law(Government Code Section 7260,et seq.)against the City,its elected officials, officers, employees or agents,by reason of City's acquisition of the Subject Property; (iii)any claim Owner has made or could have made against City,its elected officials,officers, employees or agents in connection with the carrying out of the public project for which the Subject Property is acquired. 5. Owner represents, warrants and certifies under penalty of perjury that it has the authority to enter into and grant the settlement and releases herein given,and that it holds title to the Subject Property and that no document has been signed by or on behalf of Owner for the purpose of creating any lien,encumbrance or security interest, assignment,or transfer in the Subject Property. In Z:� 6. City agrees to grant Owner a license to use the Subject Property, for ingress and egress purposes;provided,however,that such license shall be revocable at the sole discretion of City and further provided that Owner shall in no way damage, commit waste, impair or otherwise interfere with City's use of the Subject Property. 4:� 1 7. City agrees to use its best efforts to grant Owner a license to use subsequently acquired City property,located adjacent to the Subject Property, for ingress and egress purposes on the same terms and conditions specified in paragraph 6, hereof. 8. The parties shall upon request,execute,acknowledge and deliver such documents or take such action as may be necessary or convenient to carry out this Agreement. 9. In consideration of this Agreement,Owner hereby releases City,its elected officials, officers, employees and agents and hereby waives any and all claims, liabilities and obligations in any matter against City, its elected officials, officers,employees and agents,arising out of Owner's ownership of or interest in the Subject Property, whether or not now known, suspected or claimed, including but not limited to, any claims for inverse condemnation, pre-condemnation damages, relocation benefits, business goodwill, and/or eminent domain. In this respect, Owner expressly waives the benefits and provisions of Section 1542 of the Civil Code of the State of California, which provides as follows: "A general release does not extend to claims which the creditor does not know or expect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 10. Except for claims for darnages,or other remedies arising out ofviolations or breaches of this Agreement by City, Owner further covenants and agrees that it will not bring, commence, Z.11 institute,maintain or prosecute,or voluntarily aid any action at law,proceeding in equity including, but not limited to inverse condemnation or eminent domain, or otherwise prosecute or sue City, its WN13-599LE 2 elected officials,officers,employees and agents,either affirmatively or by way of cross-complaint, defense or counterclaim or by any other manner or at all, on any alleged claim, demand, liability or cause of action in anv manner arising out of the occupancy and location of the property,which is the subject of this Agreement. It is expressly understood that Owner will assist and cooperate with City in any eminent domain action if requested by City. H. This Agreement may be pleaded as a full and complete defense to and may be used C7 as the basis for any injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted by any party hereto in breach thereof. 12, The parties hereto agree that neither this Agreement, nor the payment of any consideration hereunder, nor the execution, nor the doing of any act hereunder shall be taken or construed to be at any time or place an admission on the party of any party that they or any of them have at any time or in any manner violated the rights and/or the interests of any party. 13. The parties have herein set forth the whole of their agreement.The performance of this Agreement constitutes the entire consideration of said document and shall relieve the City,its elected officials,officers,employees and agents of all further obligations or claims of this account, or on account of the location, construction, implementation of any public improvement and/or project. 14. In this Agreement, time is of the essence. 15. This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, this Agreement is executed this 30th day of December, 1998, at Redlands, California. CITY OWNER William E. Cunninprin" �� yor Brian B ye N"N J/ Kimberly Buo 1,1XX X Attest: C Cityity rf, C DJM 3599LE 3 WATER LINE EASEMENT THROUGH A P N. 294-111-08 THAT PORTION OF THE NORTHEAST 114 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 11. TOWNSHIP 2 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF AND SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 95 OF RECORDS OF SURVEY. PAGES 50 THROUGH 53, INCLUSIVE, OFFICIAL RECORDS OF SAID COUNTY, BEING AN EASEMENT FOR WATER LINE PURPOSES 20 FEET WIDE LYING lo FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, COMMENCING AT THE NORTHWEST CORNER OF LOT 26, TRACT NO- 13103, AS PER PLAT RECORDED IN BOOK 223 OF MAPS, PAGES 58 THROUGH 61, INCLUSIVE, AND AMENDED BY PLAT RECORDED IN 1300K 225 OF MAPS, PAGES 69 THROUGH 72, INCLUSIVE, OFFICIAL RECORDS OF SAID COUNTY: THENCE ALONG THE WEST LINE OF SAID LOT 26 SOUTH 00918'07' WEST 220.00 FEET: THENCE ALONG THE SOUTHWEST LINE OF SAID LOT 26 SOUTH 50'16!55' FAST 64.11 FEET TO A POINT ON THE RIGHT OF WAY OF LANTERN CREST DRIVE AS SHOWN ON SAID TRACT NO. 13103. SAID POINT LYING ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 52.00 FEET ANO WHOSE INITIAL TANGENT BEARS SOUTH 10"53*46'WEST: `44 THENCE SOUTHERLY 5.94 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60320: THENCE NORTH 79'2741"WEST. 13.00 FEE'T. THENCE NORTH 61-29-43-WEST, 188.33 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 490 00 FEET- THENCE NORTHWESTERLY 37.55 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4#2326-TO A POINT ON THE WEST LINE OF LOT'A'OF SAID TRACT NO. 13103, SAID LINE ALSO BEING THE EAST LINE OF THE NORTHWEST 114 OF SAID SECTION 11: THENCE ALONG THE EAST LINE OF SAID NORTHWEST 1/4 SOUTH 00"00'41'EAST, 11.88 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 500.00 FEET AND WHOSE INITIAL TANGENT SEARS NORTH 57'50'35-WEST, SAID POINT BEING THE POINT OF BEGINNING, THENCE NORTHWESTERLY 30.64 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3*30*41'; THENCE NORTH 54019-54-WEST 83 87 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 500.00 FEET; THENCE NORTHWESTERLY 308.84 FEET ALONG SAID CURVE THROUGHA CENTRAL ANGLE OF 35*23-27': THENCE NORTH 89*4320'WEST 147.35 FEET TO THE TERMINATION OF SAID EASEMENT. PREPARED BY W JAMES CKS, R C E. NO 23362 101 JAMES cd N0.23362 f4p Ow 11.2Wt tf" civ Nlt CA TEMPORARY CONSTRUCTI011 EASEMENT OVER A.P.N. 294-111-4o THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 or M NORTHWEST 1/4 or SECTION 11' TOWNSHIP 2 SOUTH' R"GE 3 WZ3T, IN THE CITY or REULAMS, COUNTY or S" BERUMMO, STATE Or CALIFORNIA, AccORDING To THE OFFICIAL FLAT THEREOF AJ�W SHOWN ON MCORD OF SURVEY RECORDED THROUGH 53, incLUSIVE, OFFICIA'L RZCUlf;W3BW0r'X '9S Or PXCURDS OF SURVEY, VA=S So MUZ) COMM, BEING AN RASM= FOR TEMPORARY CONST-qucTION PMPOSF-s OVER AND ACROSS PROPERTY. THE FOLLOWING MSCRIBM Co"O'NCING AT THE NORTHEAST CORNER or SAID NORTHEAST 1/4 OF SECTION 11 AS SHOWf4 ON SAID RECORD Or SURVEY, THENCE SOUTH, 00 woo,4 ,, -00 FEET To THE POINT OF BEGINNIN(i; SAZI> NORTHEAST 1/4 140 PAST ALONG TM EAST LINE or THWCZ WORTH 56"3'1'2$t1 ;MST, 256.37 MET TO THE NORTH 1/4; LINE or SAID NORTMAST THENCE NORTH 89*43120- WEST ALONG SAID WORTH TH=CZ SOUTH 00*16-400 REST, 30.00 MT; LINE 349.04 IMET; TMMCR SOUTH 89*43120- PAST, 233.20 rVZT; T'MNCZ SOUTH 7S`20115" LUT, 145.37 FEET; TMMCX SOUTH 56*37123-1 EAST, 226.85 FORT To THE UST LINE THENCE NORTH 00000141- WEST, 50-00 MT To THE or SAID NORTHEAST 1/4; POINT OF PREPARED By: ?jWFEs W. CKS, R.C.E. 23362 W A10. 31,20ol ALI NE COR. NE 1/4, SEC. t i TEMPORARY CONSTRUCTION EASEMENT POC N89'43'20*W 349.04° -�-� —S89't3'20 E -;312-0 # cQ 7p n IE 20' MADE WATER uNE EASEMENT 145.37'*' 3 IN, �ftir APN 294-111-08 N£ 1/4, NE 1/4. NW 1/4, SEC. 11. T2S, Raw. S.B.M. 4t H' Hartwick, Inc. 37 haat Olive Avenue Redtanda• Calltoraia tooe) 793-2257 SCALE: 1.= 80'