HomeMy WebLinkAboutContracts & Agreements_65-1999_CCv0001.pdf AGREEMENT REGARDING PURCHASE OF FEE INTEREST
This Agreement is made and entered into on this 29th day of June, 1999,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:
I. At the direction of Owner,City shall pay to Judy Lawson,who resides at 2763 Valle
Vista Drive, Glendale, California 91206, (the holder of a deed of trust from 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.
3. Owner agrees that City has satisfied all legal requirements imposed by Government
Code Sections 7261, 7267.1 and 7267.2.
4. Owner hereby releases and forever discharges City and its elected officials,officers,
employees and agents,from any and all causes of action,judgements,liens,indebtedness,obligations,
I)J\43599.wpd[.E 1
losses, claims, damages, liabilities and demands of whatsoever kind or character in any manner
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 against 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.
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.
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 damages,or other remedies arising out ofviolations or breaches
of this Agreement by City, Owner further covenants and agrees that it will not bring, commence,
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
DJM3599.wpd1_E 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 any 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.
11. This Agreement may be pleaded as a full and complete defense to and may be used
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. This Agreement supersedes that specific Agreement between the parties hereto dated
December 30, 1998 (the "Previous Agreement") and the Previous Agreement shall become void
and have no effect as of the date of execution of this Agreement.
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 29th day of June, 1999, at
Redlands, California.
CITY OWNER
WililiJln E. Cu gham, ayor Bri n Buoye
Kimberly Buoye
Attest.
City Jerk
DJM3599.wpdLE 3
EXHIBIT"A"
THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHEAST 114 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 A 20 FOOT WIDE STRIP OF LAND DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST 114 OF SECTION 11 AS SHOWN
ON SAID RECORD OF SURVEY,THENCE SOUTH 00°00'41" EAST ALONG THE EAST LINE OF SAID
NORTHEAST 114 156.07 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 490.00 FEET,A RADIAL LINE TO SAID POINT HAVING A
BEARING OF SOUTH 32°53'44"WEST,SAID POINT BEING THE POINT OF BEGINNING:
THENCE NORTHWESTERLY 23.72 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
2°46'23"; THENCE NORTH 54°19'53"WEST 83.87 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 510.0 FEET; THENCE NORTHWESTERLY 315.02 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35°23'27"TO A POINT ON THE NORTH LINE
OF SAID NORTHWEST% OF SECTION 11; THENCE ALONG SAID NORTH LINE NORTH 89"43'20"
WEST 171.02 FEET; THENCE SOUTH 00°16'40"WEST 20.00 FEET; THENCE SOUTH 89'43'20"EAST
171.02 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF
490.00 FEET; THENCE SOUTHEASTERLY 302.67 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 35"23'27; THENCE SOUTH 54°19'53"EAST 83.87 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 510.00 FEET; THENCE SOUTHEASTERLY 37.52
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4°12'55"TO A POINT ON THE EAST
LINE OF SAID NORTHEAST%OF SECTION 11; THENCE ALONG SAID EAST LINE NORTH 00'00'41"
WEST 23.63 FEET TO THE POINT OF BEGINNING.
PREPARED BY:
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INDIVIDUAL GRANT OF EASEMENT
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT OVER APN 294-111-08
THAT PORTION OF THE NORTHEAST 114 OF THE NORTHEAST 114 OF THE NORTHWEST 114 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 TEMPORARY CONSTRUCTION PURPOSES OVER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST 114 OF SECTION 11 AS SHOWN ON SAID RECORD OF
SURVEY,THENCE SOUTH 00°00'41" EAST ALONG THE EAST LINE OF SAID NORTHEAST 1/4 140.00 FEET TO THE POINT OF
BEGINNING:
THENCE NORTH 56°37'23"WEST,256.37 FEET TO THE NORTH LINE OF SAID NORTHEAST 1t4;
THENCE NORTH 89°43'20"WEST ALONG SAID NORTH LINE 349.04 FEET;
THENCE SOUTH 00°16'40"WEST,30.00 FEET;
THENCE SOUTH 89'43'20"EAST,233.20 FEET;
THENCE SOUTH 75°20'15"EAST, 145.37 FEET;
THENCE SOUTH 56°37'23"EAST,226.85 FEET TO THE EAST LINE OF SAID NORTHEAST 114;
THENCE NORTH 00°00'41"WEST,50.00 FEET TO THE POINT OF BEGINNING.
PREPARED BY:
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