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!I RESOLUTION NO. I C:Z7 wI
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I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH RICHARD S. KOON AND CAROL L. KOON
RELATING TO THE CONSTRUCTION AND INSTALLATION OF A SEWER LINE IN A
I PORTION OF JEFFERS ROAD.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
authorized and directed to execute on behalf of said City an
agreement with Richard S. Koon and Carol L. Koon relating to the
construction and installation of a sewer line in a portion of
Jeffers Road, a copy of which is attached hereto, marked Exhibit
"A", and incorporated herein by reference as fully as though set
forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a/J"/)r/,-~./.-,A/MA.L) meeting thereof, held
on the Fd day of ~/ (/ , 1977, by the following
vote, to wit:
Councilmen -.,pa4/.,~;#~.n -#~~l.
W/,/J, ~L~w) /
NAYS: ~
ABSENT: ~~~~~/ ~7~j~//i~ ....
~j4'~k
is hereby approve 1M day
AYES:
The foregoing resolution
of ~1/
, 1977.
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J.ty orney
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AG~E!M!NT
(sewer line -- jeffers road)
AGREEMENT is made and entered into
tel
this -1-L- day of
, 1977, by and between the CITY OF SAN BERNARDINO,
corporation, hereinafter called "City", and RICHARD S.
L. KOON, husband and wife, hereinafter called
"Owners".
w !. T !i E S S ! T !!:
WHEREAS, OWners own and are building their residence upon
certain real property situated at 3815 Jeffers Road, San
Bernardino, California, and more particularly described as follows
Parcel No.1:
That portion of Lot 3, S.W. LITTLE TRACT, as per plat
recorded in Book 9 of Maps, page 12, records of said
County, described as follows:
COMMENCING at a point which is south 890 24' east 7.5
feet from the southeast corner of Lot 5, Tract No.
3359; thence north 00 40' 30" east 496.73 feet; thence
south 890 29' east 52.73 feet; thence south 250 54'
east 104 feet; thence north 890 24' west 90 feet;
thence south 00 40' 30" west 405.94 feet; thence
north 890 24' west 7.5 feet to the point of beginning.
Parcel No.2:
All that portion of Lot 3, S.W. LITTLE TRACT, as per
plat recorded in Book 9 of Maps, page 12, records of
said County, described as follows:
COMMENCING at a point which is south 890 24' east
15.00 feet and north 000 40' 30" east 161.16 feet
from the southeast corner of Lot 5 in Tract 3359, as
per plat recorded in Book 44 of Maps, page 73; thence
north 000 40' 30" east 244.78 feet along a line
parallel with and 15 feet east of the east line of
Lot 5, of said Tract No. 3359 and said east line pro-
duced north to the true point of beginning; thence
south 890 24' east 90 feet; thenoe south 000 40' 30"
west 70.23 feet; thence north 890 24' west 90 feet;
thenoe north 000 40' 30" east 70.23 feet to the true
point of beginning;
-...._'."-.;.,.,~.,.,,,.;;..,--~
1 and
2 WHEREAS, said property is located approximately 336 feet
3 north of Mesa Verde Avenue in the City of San Bernardino; and
4 WHEREAS, the City's existing sewer line runs approximately
5 161.16 feet north of Mesa Verde Avenue in Jeffers Road; and
6 WHEREAS, OWners desire to construct a sewer line for a
7 distance of approximately 150 feet from their property at 3815
8 Jeffers Road, south to the existing City sewer line and connect
9 thereto; and
10 WHEREAS, a 4" sewer line would be sufficient to service
11 OWners' property and would be located on a 15 foot private drive
12 or street; and
13 WHEREAS, City desires that OWners install a 6" sewer line
14 for the purpose of providing excess capacity for servicing pro-
15 perties that are adjacent and contiguous to the sewer line being
16 installed by OWners; and
17 WHEREAS, Owners represent and warrant to City that they own
18 the property over, under and through which the sewer line is to be
19 installed,
20 NOW, THEREFORE, in consideration of the mutual covenants,
21 conditions, promises and detriments it is agreed as follows:
22 1. OWners will cause to be constructed and installed a 6"
23 sewer line in Jeffers Road running from their property at 3815
24 Jeffers Road to the existing City sewer line situated approximatel
25 150 feet south in Jeffers Road. Said sewer line shall be con-
26 structed in accordance with all standards and requirements of
27 City's Department of Public Works.
28 2. Owners agree to comply with all laws and regulations of
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1 the City of San Bernardino and the State of California.
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3. When the sewer line is installed, then OWners shall
3 forthwith dedicate to City by grant deed the installed sewer line
4 and an easement for sewer purposes over, under and through their
5 real property described as follows:
6 That portion of Lot 3, S.W. LITTLE TRACT as per plat
thereof recorded in Book 9 of Maps, page 12, records
7 of the County Recorder, San Bernardino County, State
of California, described as follows:
8
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BEGINNING at a point which is south 890 24' east,
7.5 feet from the southeast corner of Lot 5, Tract
3359; thence north 00 40' 30" east 496.73 feet;
thence south 890 29' east 7.5 feet; thence south
00 40' 30" west, 496.73 feet; thence north 890 24'
west, 7.5 feet to the point of beginning.
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Excepting therefrom that portion previously conveyed
for sewer purposes
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4. City shall allow and permit OWners to connect the
15 aforesaid sewer line to City's existing sewer line in Jeffers
16 Road as aforesaid without charge for a connection fee.
17
5. Thereafter, City shall pay to OWners the total sum of
18 four hundred dollars ($400.00) for the sewer line and easement so
19 conveyed. It is understood and agreed by the parties hereto that
20 said sewer line and easement shall be the total consideration
21 < from OWners for the granting of permission to connect to the
22 existing sewer line without being charged a fee and for the four
23 hundred dollars ($400.00) to be paid by City to Owners.
24
6. When the sewer line is installed and completed to the
25 City's satisfaction and the grant deed is delivered by OWners to
26 City for the easement for sewer purposes as aforesaid, then said
27 sewer line shall be and remain the property of City.
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7. OWners hereby agree to and shall hold the City, its
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elective and appointive boards, commissions, officers, agents and
employees harmless from any liability for damage or claims for I
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damage for personal injury, including death, as well as from I
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claims for property damage which may arise from Owners' performanc~
under this agreement, whether such operations be by Owners or by
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anyone or more persons directly or indirectly employed by or
7 acting as agent for Owners. Owners agree to and shall defend City
8 and its elective and appointive boards, commissions, officers,
9 agents and employees from any suits or actions at law or in equity
10 for damages caused, or alleged to have been caused, by reason of
11 any of the aforesaid operations, and it is mutually covenanted and
12 agreed that City shall not be accountable or liable, nor shall
13 such be held or considered a breach of this contract, for failure
14 to provide sewer services to Owners, growing out of any breakage,
15 stoppage or sewer "back up" in sewer pipes, accident or injury of
16 any kind occurring to the sewer and sewage treatment system, or on
17 account of any suit, proceeding, judgment or decree in any court
18 of record, restraining or interfering with performance under this
19 contract or its duties hereunder, nor shall City be held account-
20 able or liable under this agreement for any failure to supply sewe
21 services growing out of any inability to operate its sewer or
22 treatment system occasioned by any accident, Act of God, strike,
23 riot or public enemy.
24 Furthermore, Owners agree to hold City harmless from any
25 demands or claims of any persons claiming any interest in the
26 sewer easement being conveyed which are inconsistent with Owners'
27 interest as warranted by the Seventh Whereas Clause hereinabove.
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8. This agreement represents the entire agreement of the
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1 I parties.
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9. All notices herein required shall be in writing and
3 delivered in person or sent by certified mail, postage prepaid,
4 addressed as follows:
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Director of Public Works/
City Engineer
300 North "0" Street
San Bernardino, CA 92418
Mr. and Mrs. Richard Koon
3815 Jeffers Road
San Bernardino, CA
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10. This agreement shall be performed by Owners within
days of the date of this agreement.
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I prior
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written consent of City.
12. This agreement and the terms, covenants, and conditions
11. Owners agree not to assign this agreement without the
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13 hereof apply to and are binding on the heirs, successors,
14 executors, administrators, and assigns of the parties hereto.
15 IN WITNESS WHEREOF, the parties hereto have executed this
16 agreement on the date first hereinabove written.
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ATTEST:
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By
/"\ \ ) "
\.. G-.~~ \... ~
Carol L. Koon.
as to form: .
Jff~
orney
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