HomeMy WebLinkAbout10579
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,JAN 131971
LUCILLE GO,FORTH, City Clerk'
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNAnoINO AUTHORIZING THE EXECUTION OF A RELEASE AND
AGREEMENT BETWEEN SAID CITY AND HAROLD A. KREHBIEL AND ALICE
KREHBIEL, KENNETH N. PATTERSON AND ANNA C. PATTERSON, DONALD R.
STURTEVANT AND IRENE L. STURTEVANT, AND OPAL S. HELLYER AKA OPAL
S. CANONICA CONCERNING AN ALLEGED PUBLIC NUISANCE INVOLVED IN
THE CASE OF CITY OF SAN BERNARDINO ET AL VS. KREHBIEL ET AL,
SUPERIOR COURT NO. 150484; AND REPEALING RESOLUTION NO. 10337.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 i SECTION 1. The Mayor of the City of San Bernardino is here-
9 by authorized and directed to execute on behalf of said City a
10 Release and Agreement between said City and HAROLD A. KREHBIEL
11 and ALICE KREHBIEL, husband and wife, KENNETH N. PATTERSON and
12 ANNA C. PATTERSON, husband and wife, DONALD R. STURTEVANT and
13 IRENE L. STURTEVANT, husband and wife, AND OPAL S. HELLYER aka
14 OPAL S. CONONICA concerning an alleged public nuisance involved
15 in the case of City of San Bernardino et al vs. Krehbiel et aI,
16 Superior Court No. 150484, a copy of which Release and Agreement
17 is attached hereto, marked Exhibit "A" and incorporated herein
18 by reference as fully as though set forth at length.
19 I SECTION 2. Resolution No. 10337 is hereby repealed.
20 I HEREBY CERTIFY that the foregoing resolution was duly
21 adopted by the Mayor and Common Council of the City of San Ber-
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the Lbi day
AYES:
nardino at a--.
meeting thereof, held on
to wit:
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NOES:
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ABSENT:
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lie
foregoing resolution is he+eby approved this
/~ay
, 1971.
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Mayor of the City of Sa B d'
n ernar l.no
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RELEASE AND AGREE~1ENT
THIS
RELEASE AND AGREEMENT is made on this
of ~~ , 197.1-, at San
California, b~ and between the CITY OF
II day
Bernardino,
SAN BERNARDINO, a municipal corporation, and HAROLD
A. KREHBIEL and ALICE KREHBIEL, husband and wife,
KENNETH N. PATTERSON and ANNA C. PATTERSON, husband
and wife, DONALD R. STURTEVANT and IRENE L. STURTEVANT,
husband and wife, and OPAL S. CANONICA, formerly known
as "OPAL S. HELLYER".
.
WHEREAS, the Mayor and Common Council of the
City of San Bernardino have conducted hearings and
have resolved that a public nuisance exists on the
real property of the other parties to this agreement;
and
WHEREAS, the City of San Bernardino and the People
of the State of California have filed an action at law
to abate said alleged nuisance, to enjoin the other
parties from maintaining said alleged nuisance and
for declaratory relief, being Superior Court No. 150484
of the Superior Court of San Bernardino County; and
WHEREAS, the "other parties", which shall here-
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inafter mean each party to this agreement except the
City of San Bernardino, contest the existence of a
public nuisance and the existence of the alleged
hazardous embankment located on the properties of the
other parties; and
WHEREAS, removal of the overburden or soil
mentioned below is estimated to cost approximately
sixty~five cents ($.65) per cubic yard;
NOW, THEREFORE, the parties hereby agree as
follows:
1. The other parties (exclusive of the
Sturtevants) shall cause to be removed 2,000 cubic
yards of overburden or soil from the southerly and
easterly upper portions of the hill located immediately
north of Andreas Avenue, San Bernardino, California
on some of their properties, or such lessor amount as
may be approved by the City Engineer of the City, pro-
vided however, that the other parties shall not be
obligated to expend more than $1,875.00 for such
removal and if and when such amount shall have been
reasonably expended for such removal the other parties
shall be deemed to have fully performed the provisions
of this paragraph. Such removal shall be done as nearly
as practical after conclusion of the rqiny season of
1970-71 (probably in April, 1971).
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2. Upon completing performance of the provisions
of paragraph 1, above, Opal S. Canonica and the Krehbiels
shall seed with grass or other ground cover the area
affected by such removal.
3. The other parties, jointly and severally,
declare that prior to the execution of this release
and agreement they apprised themselves of sufficient
relevant data, either through experts or other 'sources
Of their own choosing, in order that they might
intelligently exercise their own judgment in deciding
whether to execute, and in deciding on the contents of,
this release and agreement, and they further declare
that their decisions were not predicated on or in-
.
fluenced by any declarations or representations of any
officer, agent, employee, contractor or expert of the
City of San Bernardino, and that their decisions in
performing under this release and agreement will not
be similarly so predicated or influenced.
4. The other parties, jointly and severally,
with the intention of binding themselves, their heirs,
executors, administrators, and assigns, do hereby
expressly release and discharge the City of San Bernardino
and its officers, agents, enployees, contractors and
experts from all claims, demands, actions, judgments,
and executions which any of the other, parties ever had,
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now has or may have, or which any of the other
parties' heirs, executors, administrators, or
assigns may have, or claim to have, against the
City of San Bernardino and its officers, agents,
employees, contractors and experts created by or
arising out of the alleged public nuisance herein-
above mentioned and any act or acts undertaken as
a result thereof.
5. The other parties, jointly and severally,
further declare that, prior to the execution of this
release and agreement, they have conferred at length
and in full with their respective attorneys concerning
the meaning and effect of all of the various provisions
contained herein and they are signing this release
and agreement upon the advice and recommendation of
their respective attorneys.
6. The City of San Bernardino agrees to dismiss
Superior Court Case No. 150484 with prejudice upon and
after complete performance by the other parties of the
provisions of paragraphs 1 and 2 hereof. Pending the
time for such performance said action shall not be
further prosecuted.
7. The other parties, jointly and severally,
hereby express and declare that the foregoing covenants
shall be binding upon their heirs, successors and assigns
_11_
and shall constitute covenants running with the
, ," aw' ::.' '""". properties more particularly described
,"en L:, ,. .':ac!J;>d Exhibit" A", which is incorporated
herein by reference as fully as though set forth at
length, and as to which all future purchasers and
owners with an interest in said properties shall be
bound.
WHEREFORE, the parties hereto have executed
this reh,ase and agreement the day and year first
above written in various counterparts, all of which
cOllectively shall constitute a single document.
ATTEST:
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Clerk
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CITY OF SAN BERl'lARDINO /
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'By/..1.Y {, ,/I" />/'~ <'. /
Mayor of the City of San ~ernardino
Harold A. Krehbiel
Alice Krehbiel ~ '
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Anna C. Patterson
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Donald L. Sturtevant
Approved as to form:
Irene L. Sturtevant
City Attorney
Opal S. Canonica formerly Opal S.
Hellye'r
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STATE OF CALIFORNIA
ss.
COUNTY OF SAN BERNARDINO
On this
day of
, 197
before me,
, a notary public,
personally appeared DONALD R. STURTEVANT and IRENE L.
STURTEVANT, husband and wife, known to me to be the
persons whose names are subscribed to the within instrument
and acknowledged to me that they executed the same.
Notary Public in and for said
County and State.
STATE OF CALIFORNIA
ss.
COUNTY OF SAN BERNARDINO
On this
day 0 f
, 197
,
before me,
, a notary public
personally appeared OPAL S. CANONICA, formerly known as
OPAL S. HELLYER, known to me to be the person whose name
is subscribed to the within instrument and acknowledged
to me that she executed the same.
,
Notqry Public in and for said
County and State.
STATE OF CALIFORN,IA )
ss.
COUNTY OF SAN BERNARDINO
On this
day of
,197_,
before me,
, a notary public,
personally appeared HAROLD A. KREHBIEL and ALICE KREHBIEL,
husband and wife, known to me to be the persons whose
names are subscribed to the within instrument, and
,acknowledged to me that they executed the same.
Notary Public in and for said
County and State.
STATE OF CALIFORNIA
ss.
COUNTY OF SN, BERNARDINO
On this
11 th
day of
January
, 197..lL,
before me
GERTRUDE E. DOUGLAS
, a notary public,
personally appeared KENNETH N. PATTERSON and ANNA C.
PATTERSON, husband and wife, known to me to be the persons
whose names are subscribed to the within instrument and
acknowledged to me that they executed the same.
~T~~]'~~GmTRGDE E. DOUGLAS. 'I'
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I" .<.'''''__);-';,~ NOTARY PUBLIC
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i "~':.i7 CAUFOm~Ji\ i
:.,_~~~C~~~~~~.~~}_~~=_~i~~_~~ Nov. 16, 1974 ~
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Notary Public in and fori/said
County and State. I
The following is a legal description of the HAROLD A.
KREHBIEL and ALICE KREHBIEL property:
PARCEL NO.1: That portion of Government Lot 1, in
the southwest one-quarter of fractional Section 13,
township 1 North, Range 4 West, San Bernardino Base
and Meridian, in the City of San Bcrnardino and
County of San Bernardino, according to the Official
Plat of said land approved by the Surveyor General,
dated July 16, 1884, described as follows:
Beginning at a 1 inch iron pipe marking the northwest
corner of Lot 11, S. W. Little Tract, as shown on
Licensed Land Survey Map recorded in Book 5 of Records
of Survey, page 73, records of said County; thence
North 520 30' west, 324.87 feet along the north line
of the Rancho Muscupiabe, as per plat recorded in
book 7 of Maps, gage 23, to a 4" x 4" iron post
marking station 'M-31" of said Rancho Muscupiabe,
said point being the most southerly corner of Lot 3,
Tract No. 3642, as per plat thereof recorded in book
52 of Maps, pages 27 and 28; thence North 730 18' 43"
east, 270.44 feet to the southeasterly corner of said
Lot 3; thence South 00 09' 40" west, 275 feet to the
point of beginning.
PARCEL 2: That portion of Lot 3, Tract No. 3642,
in the City of San Bernardino, as recorded in Book
52, pages 27 and 28 of Maps, records of said County,
more particularly described as follows:
Beginning at the southwest corner of said Lot 3,
Tract No. 3642; thence along the westerly line of
said Lot 3, north 00 16' west, 50 feet; thence north
830 54' 40" east, 260.75 feet to the southeast corner
of said Lot 3; thence along the southerly line of
said Lot 3, south 730 18' 43" west, 270.44 feet to
the point of beginning.
The following is a legal description of the KENNETH N.
PATTERSON and ANNA C. PATTERSON property:
PARCEL NO.1: Lot 13, Tract No. 4230, in the City
of San Bernardino, as per plat recorded in book 69
of Maps, page 65, records of said County.
PARCEL NO.2: An easement and righ t o'f way in
common with the other owners of Lots 9 and 10, and
Lots 12 to 16, inclusive, upon, over and across
those areas within Lots 9 to 16, inclusive, Tract
No. 4230, as per plat recorded in Book 69 of Maps,
EXHIBIT "A"
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page 65, records of said County, as shown and
delineated as private driveway arl';IS upon that
certain Licensed Land Surveyors Map, recorded
January 9, 1959 in book 16, page 40, Records of
Survey.
The followiug is a legal description of the DONALD R.
STURTEVANT and IRENE L. STURTEVANT property:
PARCEL 1: Lot 14, Tract No. 4230, in the City of
San Bernardino, as per plat recorded in book 69 of
Maps, page 65, records of said County.
PARCEL 2: An easement and right of "ay in common
with the other owners of Lots 9 and 10, and Lots 12
to 16, inclusive, upon, over and across those areas
within Lots 9 to 16, inclusive, Tract no. 4230, as
per plat recorded in book 69 of Maps, page 65, records
of said County as shown and delineated as private
driveway areas upon that certain Licensed Land Survey-
ors Map, recorded January 9, 1959, in book 16, page 40,
Records of Survey.
The following is a legal description of the OPAL S. CANONICA
formerly known as OPAL S. HELLYER property:
Lot 3, Tract No. 3642, in the City of San Bernardino
as per plat recorded in book 52 of Maps, pages 27
and 28, records of said County.
Excepting the following described portion thereof:
Beginning at the southwest corner of said Lot 3,
Tract No. 3642; thence along the westerly line of
said Lot 3, north 00 16' west, 50 feet; thence
north 830 54' 40" east, 260.75 feet to the south-
east corner of said Lot 3; thence alon~ the
southerly line of said Lot 3, south 73 18' 43"
west, 270.44 feet to the point of beginning.
EXHIBIT "A"
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A G R E E MEN T
THIS AGREEMENT is made by and between OPAL S. CANONICA
("Mrs. Canonica"), HAROLD A. KREHBIEL and ALICE KREHBIEL
("Krehbiels"), and KENNETH N. PATTERSON and ANNA C.
PATTERSON ("pattersons").
Recitals
l. City of San Bernardino has heretofore instituted
in the Superior Court of the State of California Action
No. 150484, entitled The City of San Bernardino, et al.,
plaintiffs vs. Harold A. Krehbiel, et al., defendants.
All of the parties to this agreement are parties to said
suit.
2. Said action can be compromised and disposed of
by execution of a "Release and Agreement" and by the
performance of the provisions thereof.
3. The parties desire to compromise said action in
that fashion.
Operative provisions
NOW, THEREFORE, IT IS HEREBY AGREED by and between
the parties that:
First: The parties are all executing said release
concurrently with this agreement.
.
Second: Mrs. Canonica shall pay 'the sum of $750.00.
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The Krehbiels shall pay the sum of $750.00; ,and the
pattersons shall pay the sum of $375.00 all of which
sums shall be paid to Kenneth N. Patterson as trustee
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(herein "Trustee") w-i-thin tll.;'L Ly uo.y;o after-exeeution
W-.said.Rele_ase_bY_.AlL.p.=-ties .{.)/" (.ir b (J Ie ,-C> A:l)/~!:J.) / '77 I ~
- (Not 'IU ~KCf:e/) ~,OOO tl.t YP$)
Mrs. Canonica will cause the dirt removal/provided
for in said release to be performed and upon demand the
Trustee shall reimburse Mrs. Canonica for the reasonable
cost of said removal up to the amount of $1,875.00. In
turn, if the cost of such dirt moving amounts to less
than $1,875.00, the Trustee shall refund the difference
pro-rata to each of the parties.
,
Herein, costs of dirt moving shall be deemed to
include the services of Joseph E. Bonadiman in arranging
therefor and supervising the same.
Third: The Krehbiels agree with Mrs. Canonica that
the Krehbiels will take reasonable precautions to pro-
tect their property from injury arising from such dirt
moving and hereby release Mrs. Canonica and any contractor
she may engage from any liability for injury to the
Krehbiel property from such dirt moving operations unless
caused by gross negligence occurring in such dirt moving.
Fourth: Upon conclusion of the dirt moving Mrs.
Canonica shall cause the portion of her property affected
thereby to be seeded with grass or other ground cover,
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and the Krehbiels shall cause the portion of their
property affected by such dirt moving to be seeded
with grass or other ground cover.
IN WITNESS WHEREOF, the parties have executed this
agreement in various counterparts, all of which collec-
tively shall constitute one document.
Dated:
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197/
Opal S. Canonica
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Harold A. Krehb'ieI" ".
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Alice Krehbiel
Kenneth N. Patterson
Anna C. Patterson
.
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