HomeMy WebLinkAboutContracts & Agreements_95c-2001_CCv0001.pdf I
AGREEMENT REGARDING PURCHASE OF FEE INTEREST
This Agreement is made and entered into on this 3rd day of July ,2001, by and
between the City of Redlands (hereinafter referred to as "City"), and Donald Leon Christian and
Peggy Ann Christian, Trustees of the Christian Family Trust, (hereinafter referred to collectively
as "Owner").
RECITALS
WHEREAS, Owner is the fee owner of that real property more particularly described in
Exhibits "A" and "B" which are 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 the terms and conditions of 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 Donald Leon Christian and Peggy Ann Christian
Trustees of the Christian Family Trust agree as follows:
1. City shall pay to Owner the total sum of$108.00 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.
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.
1
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, 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. 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.
7. 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."
8. Except for claims for damages, or other remedies arising out of violations 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 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.
2
9. 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.
10. 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.
11. 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.
12. In this Agreement, time is of the essence.
13. 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 -3rd day of ,Tuly ,
2001, at Redlands, California.
CITY OWNER
Pat Gilbreath, Mayor Donald Leon Christian
Trustee of the Christian Family Trust
Peggy )Gk Christian
Trustee of the Christian Family Trust
Attest:
City C1 k r
3
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of that land conveyed to Donald L. Christian and Peggy A. Christian, husband and
wife, as joint tenants recorded on June 20, 1985 as Instrument No. 85-148916, Official Records
of San Bernardino County, California.
Said portion being the triangular-shaped portion bound on the west by the west line of said land,
on the north by the north line of said land, on the east by the are of a curve, concave
southeasterly, tangent to aforementioned west and north lines, and having a radius of 13 feet of
Lot 1, Block 2, Lugonia Heights, in the City of Redlands, County of San Bernardino, State of
California, as per plat recorded in Book 8 of Maps, Page(s) 12,records of said County.
Affects: APN 170-072-07
Contains: Approximately 36 square feet
I
CITY OF REDLANDS
COUNTY OF SAN BERNARDINO
0
1"=20'
CHURCH STREET
a
L=2O.a1'
40
R=13' -- ——I
I W
I APN 374-472-07
I
a �
H
U)
I
,Q�cE�ssl�a�ia�
RIGHT-OF-WAY PLAT
EXHIBIT "B"
LEGEND / } w` ,c;
- - EXIST RIGHT-OF-WAY LINE
-- -- PROPERTY LINE PREPARED BY:
PROPOSED RIGHT-OF-WAY LINE JOHN EGAN do ASSOCIATES, INC-
EXIST STRUCTURE CONSULTING ENGINEERS