HomeMy WebLinkAboutContracts & Agreements_116-99_CCv0001.pdf AGREEMENT REGARDING PURCHASE OF EASEIMENT INTEREST
This Agreement is made and entered into on this 23rd day of September, 1999, by and
between the City of Redlands (hereinafter referred to as "City"), and William J. and Lavesta M.
Locklin (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 collectively attached hereto and incorporated herein by this reference
(hereinafter the "Subject Property"), and
WHEREAS, City has grade a good faith offer to Owner to acquire the Subject Property for
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,Citywill use its bestefforts(notto include monetary assistance)to assist Owner
in acquiring the property currently owned by SANBAG, which is located adjacent to Owner's
Property, and
WHEREAS, the parties hereto 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 Witliain J. and Lavesta M. Locklin agree as
follows:
1. City shall pay to Owner the total sum of$6,250 upon City's receipt of an executed
deed of easement and temporary construction easement 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 orwritten leases,sub-teases,rental agreements,
licenses,ownership claim or other rights of possession anchor 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.
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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,losses,claims, damages, liabilities and demands of whatsoever kind or character in any
manner whatsoever asserted or assertable as o£ 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(1)
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 andequipment, 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 aoodwill, and/or eminent domain. In this respect, Owner expressly
waives the benefits and provisions ot'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
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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."
S. Except for claims fordamages,orother remedies arising outofviolations 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
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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,
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.
M 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.
I I. 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 ofthis 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 day of September, 1999,
at Redlands, California.
CITY OWNER
4
_W_IlFiAh Cunningham, Z orLocklin
4e to MO. Locklin
Attest:
C"ity C I irk,
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EXHIBIT"A"
IRRIGATION EASEMENT|NAPN298-O81-1Q
ALL THAT PORTION OF LOT 7, BLOCK 3, STRETCH MAP OF MENTONE AS PER PLAT RECORDED IN
BOOK 8 OF MAPS. PAGE 81, OFFICIAL RECORDS OF THE COUNTY OF SAN BERNARDINO,STATE
OF CALIFORNIA. BEING AlOFOOT WIDE STRIP 0FLAND THE CENTERLINE DFWHICH |S
DESCRIBED AGFOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19,TOWNSHIP I SOUTH. RANGE 2
WEST, SAN BERNARDINO MERIDIAN,AS SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 20
OF RECORDS OF SURVEY, PAGE 14, OFFICIAL RECORDS OF SAID COUNTY,THENCE ALONG THE
SOUTH LINE OFSAID SECTION 19SOUTH 88~34'28^ EAST 151,00FEET; THENCE NORTH 8O^O6D2~
EAST 28.12FEET TOTHE POINT(}FBEGINNING: THENCE NORTH 0O^00'O2^ EAST 157.33FEET TO
THESOUTHEASTERLY LINE OFTHE PARCEL OFLAND GRANTED TC}SAN BERNARD|NQ
ASSOCIATED GOVERNMENTS BYINSTRUMENT NO, 93'137O41. OFFICIAL RECORDS OFSAID
COUNTY.SAID POINT BEING THE TERMINATION OFSAID STRIP OFLAND.
THE SIDE LINES OFSAID STRIP UFLAND SHALL BESHORTENED 0R EXTENDED TOTERMINATE
QNSAID SOUTHEASTERLY LINE OFTHE SAN BERNARD|NQASSOCIATED GOVERNMENTS
PARCEL.
PREPARED BY:
HARTIVVICK
No,2851
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APN 298-061-19
WILLIAM .3. LOCKLIN
1705 E. COLTON AVE,
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1 I WILLIAM J. LOCKLIN
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EXHIBIT "C" DAic PREPARES 09109 gg
APN 298-061-19 artwick,Inc. F;.OR.Z. SI-ALE: p - 50'
CITY OF REDLANDS37 East
TEMPORARY CONSTRUCTION EASEMENT a• s
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TEMPORARY CONSTRUCTION EASEMENT|NAPN298-081'1Q
ALL THAT PORTION OF LOT 7, BLOCK 3, STRETCH MAP OF MENTONE AS PER PLAT RECORDED IN
BOOK 8 OF MAPS, PAGE 81, OFFICIAL RECORDS OF THE COUNTY OF SAN BERNARDINO,STATE
OF CALIFORNIA, BEING A3UFOOT WIDE STRIP UFLAND THE CENTERLINE OFWHICH |S
DESCRIBED ASFOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19,TOWNSHIP 1 SOUTH, RANGE 2
WEST, SAN BERNARDINO MERIDIAN,AS SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 20
OF RECORDS OF SURVEY, PAGE 14, OFFICIAL RECORDS OF SAID COUNTY, THENCE ALONG THE
SOUTH LINE OFSAID SECTION 1QSOUTH 8Q"34'2O^EAST 151.O0FEET; THENCE NORTH 00^O6'02^
EAST 26.12FEET TOTHE POINT(}FBEGINNING; THENCE NORTH OU~08'02^ EAST 157.33FEET TO
THE SOUTHEASTERLY LINE OFTHE PARCEL OFLAND GRANTED TOSAN BERNARD/N{}
ASSOCIATED GOVERNMENTS BYINSTRUMENT NO. 03'137O41. OFFICIAL RECORDS OFSAID
COUNTY,SAID POINT BEING THE TERMINATION OFSAID STRIP OFLAND.
THE SIDE LINES OF SAID STRIP OF LAND SHALL BE SHORTENED OR EXTENDED TO TERMINATE
ONSAID SOUTHEASTERLY LINE DFTHE SAN BEgNARD/NOASSOCIATED GOVERNMENTS
PARCEL.
PREPARED BY: