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HomeMy WebLinkAboutCCO MFP_20221213_154343AGREEMENT 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 Lucille H. Gibson, Trustee of the Lucille H. Gibson Living Trust Dated April 6, 1995, (hereinafter referred to 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 Lucille H. Gibson, Trustee of the Lucille H. Gibson Living Trust Dated April 6, 1995 agree as follows: 1. City shall pay to Owner the total sum of $67,100.00 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 July 2001, at Redlands, California. CITY OWNER Pat Gilbreath, Mayor Attest: 521 _C-0-4.1..— / , .Jey Z,(_/ 4- r :)- ) Luc le H. Gibson, Trustee of the Lucille H. Gibson Living Trust Dated April 6, 1995 3 EXHIBIT "A" LEGAL DESCRIPTION That parcel of the land conveyed to Lucille H. Gibson, Trustee of the Lucille H. Gibson Living Trust by deed recorded April 29, 1999 as Instrument No.1990182730, Official Records of San Bernardino County, California described as: The easterly 35 feet of the east 98 feet of Lots 1 and 2, revised Map of Arcadia Addition, in the City of Redlands, County of San Bernardino, State of California, as per plat recorded in Book 13 of Maps, Page 37, in the Office of the Recorder of said County. Affects: APN 171-086-11 Contains: Approximately 2,337 square feet VAIII MOM. STATE ST CITY OF REDLANDS COUNTY OF SAN BERNARDINO 40' APN 171-086-11 \‘‘i 68.85' 1"=20' CHURCH STREET RIGHT- OF- WAY PLAT EXHIBIT "B" LEGEND EXIST RIGHT-OF-WAY LINE PROPERTY LINE PROPOSED RIGHT-OF-WAY LINE EXIST STRUCTURE PREPARED BY: JOHN EGAN & ASSOCIATES, INC. CONSULTING ENGINEERS 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 Aim 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 July 2001, at Redlands, California. CITY OWNER Pat Gilbreath, Mayor Attest: 62,1.4 r-r-L03',"." Donald Leon Christian Trustee of the Christian Family Trust 6JiQ o Peggy AWL Christian Trustee of the Christian Family Trust 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 arc 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 CITY OF REDLANDS COUNTY OF SAN BERNARDINO L=20.41' R=13' APN 170-072-07 RIGHT- OF- WAY PLAT EXHIBIT "B" LEGEND EXIST RIGHT -OF --WAY' LINE PROPERTY LINE PROPOSED RIGHT-OF-1-WAY LINE EXIST STRUCTURE 40' a PREPARED BY: JOHN EGAN & ASSOCIATES, INC. CONSULTING ENGINEERS 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 Daniel R. Flanigan and Elaine M. Flanigan, Trustees of the Flanigan Family Trust dated February 8, 1999, (hereinafter referred to 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 Daniel R. Flanigan and Elaine M. Flanigan, Trustees of the Flanigan Family Trust agree as follows: 1. City shall pay to Owner the total sum of $616.00 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 July 2001, at Redlands, California. CITY Pat Gilbreath, Mayor Attest: OWNER Daniel R. Flanigan Trustee of the Flanigan Fa ily Trust lain M. Flanigan Trustee of the Flanigan Family Tr 3 EXHIBIT "A" LEGAL DESCRIPTION A portion of that certain parcel of land conveyed to John S. Hart, a widower, by deed recorded June 24, 1993, as Instrument No. 93-270420, Official Records of San Bernardino County, California. Said portion being the east 10 feet of the following described property: That portion of Lot 7, Tract No. 3282, Caballero and Freire Subdivision, and portion of Lots 30 and 31, Block 77, Rancho San Bernardino, in the City of Redlands, County of San Bernardino, State of California, more particularly described as follows: PARCEL NO. 1: That portion of Lot 7, Tract No. 3282, Caballero and Freire Subdivision, County of San Bernardino, State of California, as per plat recorded in Book 43 of Maps, Page(s) 88, records of said County, more particularly described as follows: Beginning at the southwesterly corner of said Lot 7; thence along the southerly line of said lot, north 89°50'57" east, 26.24 feet to the northwesterly terminus of that certain 1,000-foot radius curve, concave southwesterly, described in Parcel "A" of deed to the State of California, recorded May 11, 1960 in Book 5133, page 483, official records, in said recorder's office; thence northwesterly along the northwesterly continuation of said curve, from a tangent bearing north 62°08'51" west, through an angle of 01 °41'20", an arc distance of 29.48 feet to the westerly line of said lot; thence along said westerly line, south 00°04'24" east, 13.45 feet to the point of beginning. Excepting therefrom all minerals, oils, gases, and other hydrocarbons by whatsoever name known that may be within or under the parcel of land hereinabove described, without, however, the right to drill, dig or mine through the surface thereof. Also excepting and reserving unto the State of California any and all rights of ingress to or egress from the land herein conveyed over and across the northeasterly line thereof. PARCEL NO. 2: That portion of Lots 30 and 31, Block 77, Rancho San Bernardino, in the City of Redlands, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, Page(s) 2, records of said County, described as follows: 1 Beginning at a point on the southerly extension of the east line of Lot 3, Tract No. 3282, Caballero and Freire Subdivision, as per plat recorded in Book 43 of Maps, Page 88, records of said County, said line being also the westerly line of Church Street, as shown on the map of said Tract No. 3282, distant south 00°08'31' east, 187.51 feet along said line from the northeasterly corner of said Lot 3; thence south 89°51' 29" west, 70.61 feet' thence north 55°21'24" west, 160.85 feet; thence along a tangent curve concave southwesterly with a radius of 1,000 feet, through an angle of 06°47'27", a distance of 118.52 feet to the south line of Lot 7 of said Tract No. 3282; thence wet along said south line of Lot 7, a distance of 26.50 feet; more or less, to the east line of Shorey's Subdivision, as per plat recorded in Book 13 of Maps, Page 26, records of _ said County; thence south along said east line 386.44 feet, more or less, to the north line of the right-of-way of the Southern California Railroad Company, now the Atchison, Topeka and Santa Fe Railway Company; thence east along said line, 231 feet; thence north 55 feet at right angles thereto; thence east 100 feet, parallel with said north line to the west line of Church Street; thence north along said west line of Church Street 178.31 feet; more or less, to the point of beginning. Excepting therefrom that portion of Lots 30 and 31, lying south of the following described line: Beginning on the west line of Church Street, as shown by said map of Tract No. 3282, distant along said west line, south 00°08'31" east, 204.99 feet from the northeast corner of said Lot 3; thence south 44°51'13" west, 28.29 feet; thence south 89°50'57" west, 310.30 feet to the east line of Shorey's Subdivision as shown by map on file in Book 13 of Maps, Page 26, records of said County. Affects: APN 169-244-36 Contains: Approximately 154 square feet 2 CITY OF REDLANDS COUNTY OF SAN BERNARDINO APN 169-244-36 it CHURCH STREET RIGHT- OF- WAY PLAT EXHIBIT "B" LEGEND EXIST RIGHT-OF-WAY LINE PROPERTY LINE PROPOSED RIGHT-OF-WAY LINE PREPARED BY: JOHN EGAN & ASSOCIATES, INC. CONSULTING ENGINEERS 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 James W. Barton, (hereinafter referred to 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 James W. Barton agree as follows: 1. City shall pay to Owner the total sum of $1,800.00 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 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 July 2001, at Redlands, California. CITY OWNER Pat Gilbreath, Mayor Attest: City ' lerk ames W. Barton 3 EXHIBIT "A" LEGAL DESCRIPTION That portion of that certain parcel of land conveyed to James W. Barton, a single man, by deed recorded April 6, 1994 as Instrument No. 94162926, Official Records of San Bernardino County, California. Said portion being the easterly 10 feet of the following described property: Lot 5, revised Map of Arcadia Addition, in the City of Redlands, County of San Bernardino, State of California, as per map recorded in Book 13 of Maps, Page 37, records of said County. Affects: APN 171-086-08 Contains: Approximately 500 square feet F� • odr igce� a Ltr= ▪ u- No, 2`.00 6. • Exp. tOFCIO; CITY OF REDLANDS COUNTY OF SAN BERNARDINO APN 171-08.6-08 .\\ 0 50' 0 to CHURCH STREET RIGHT— OF— WAY PLAT EXHIBIT "B" LEGEND EXIST RIGHT—OF—WAY LINE PROPERTY LINE PROPOSED RIGHT—OF—WAY LINE EMESZEMEME EXIST STRUCTURE 1"=20' Q�oF�sSio,r� .. 6L, N0,2 PREPARED BY: JOHN EGAN & ASSOCIATES, INC. CONSULTING ENGINEERS Agreement - Church Street Right -of -Way - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously approved agreements regarding purchase of fee interest with James W. Barton, Donald L. and Peggy Ann Christian, Daniel R. and Elaine M. Flanigan, Trustees, and Lucille H. Gibson and authorized the Mayor and City Clerk to sign the agreement on behalf of the City. This action is in conjunction with the widening of Church Street from Redlands Boulevard to Colton Avenue. Resolution No. 5913 - NPDES Inspector - The Clean Water Act was amended by Congress in 1987 to require permits for stormwater discharges from the municipal storm drain systems under the National Pollutant Discharge Elimination System Program. The Environmental Protection Agency began enforcing the new law in November 1990 and designated the State Water Resources Control Board to administer the regulations and Clean Water Act in California. At this time, the Public Works Department is requesting to add a NPDES Inspector to the staff to be better able to comply with the requirements of the NPDES Permit and Waste Discharge. The NPDES Inspector will conduct site inspections all over the City on a daily basis. The estimated cost of filling the position of the NPDES Inspector is $76,000.00 which includes the cost of a vehicle. The funds necessary to pay for this position will be obtained from the various revenue accounts of the Public Works Department, Community Development Department and Municipal Utilities Department. On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously approved Resolution No. 5913 authorizing approval of the position of a NPDES Inspector position for the Public Works Department and establishing fees for the inspections. Senior Civil Engineer Position - Public Works Department - Currently, the Public Works Department is responsible for the management of approximately 30 Capital Improvement Projects. Due to the limited staffing in the Engineering and Administration Division, only a limited time can be spent on each of the capital projects. Consequently only a limited number of projects can be brought to completion during a fiscal year. The Senior Civil Engineer will be primarily responsible for administering Capital Improvements Projects. On motion of Councilmember Haws, seconded by Councilmember George, the City Council unanimously approved a Senior Civil Engineer position for the Public Works Department. Release of Lien Agreement - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously authorized the execution of a Release of Lien Agreement for improvements in front of 1514 South Center Street between Ridge Street and Benita Marie Crest. Proclamation - German -American Youth Soccer Exchange Program - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously authorized the issuance of a proclamation recognizing the German -American Youth Soccer Exchange Program. July 3, 2001 Page 3