|
448 71t is understood that the City shall become^,the absolute and sole owner
<br />of any all water supply and distribution facilities installed by Company
<br />under this agreement, when said system or any portion thereof had been completed
<br />by Company and accepted by City, and upon such acceptance City will assume full
<br />control and maintenance of the system or portion thereof so accepted.
<br />8. Neither this agreement nor any rights hereunder shall be assignable by
<br />Company, in whole or in part, without the written consent of City first had and
<br />obtained, provided, however, that Company may assign, after giving written notice
<br />of such assignment to City, all or any portion of the monies to be received by
<br />Company from City under this agreement. The City agrees that it will not withhold
<br />its consent to assignment in units of not less than ten acres.
<br />9. It is understood and agreed that upon execution of this agreement the
<br />parties in the action above referred to, acting"through their respective counsel,
<br />shall move the Court in which said action is pending for the entry of judgment in
<br />favor of the respectibe parties in accordance with the terms of this agreement,
<br />and without costs to either party. The said judgment shall provide for a confir-
<br />mation of this agreement and for declaratory relief establishing the rights, duties
<br />and obligations of the parties pursuant to said agreement. The said judgment shall
<br />further provide for judgment in favor of the defendants and respondents and
<br />against the plaintiff and petitioner upon the issue of damages raised in the
<br />Complaint in said action.
<br />IN WIT14ESS WHEREOF, the parties hereto have set their hands by their appro-
<br />priate priate officers duly authorized and as attested by the attached resolutions
<br />which are made a part hereof the day and date above written.
<br />THE CITY OF REDWOOD CITY,
<br />A Municipal Corporation.
<br />By
<br />W. M. WERDER
<br />Mayor of the City of Redwood City
<br />By
<br />E. A. Rolison
<br />Manager of the City of Redwood City
<br />LAND DEVELOPMENT COMPANY,
<br />A Corporation.
<br />Es
<br />LIM
<br />SCHEDULE I
<br />President
<br />Secretary
<br />All that certain property situated in the City. of Redwood City, County of
<br />San Mateo, more particularly described in that certain Deed from Carlotta C.
<br />Tyson, to Sawyer Y. Monckton dated December 16, 1922, and recorded January
<br />22, 1923, under Recorder's Serial No. 822-A in Book 62 of Official
<br />Records of San Mateo County at page 164., and in that certain Deed
<br />from T. C. McGovern Elisor to W. W. Carson dated July 29, 192 , and recorded
<br />July 29, 1924., under Recorder's Serial No. 23129-A in Book 12 of Official
<br />Records of San Mateo County at page 210.
<br />EXCEPTING THEREFROM all that certain real property described in Deed from
<br />Peninsula Title Guaranty Company, a corporation, to M. J. King, Inc., a
<br />corporation, dated April27, 116, and recorded April 28, 194.8, under Recorder's
<br />Serial_No. 284.79-H in Book 14.4. of Official Records of San Mateo County at
<br />page 157, and
<br />ALSO EXCEPTING THEREFROM Lots 1 to 6 inclusive, Block 1; Lot 7, Block 1 (on
<br />Fairview Avenue only); Lots 1 to 29 inclusive, Block 2; Lots 1 to 3 inclusive,
<br />Block 3; Lots 1 to 17 inclusive and Lot 21, Block 4., as desibnated on that
<br />certain map entitled "Map Of Redwood Terrace No. 1 Redwood City, California";
<br />which map was filed in the office of the Recorder of the County of San Mateo,
<br />State of California, on May 6, 1946, in Book 25 of Maps at pages 4.4. and 4.5, and
<br />ALSO EXCEPTING THEREFROM Lots 1 to 24. inclusive, Block 1; Lots 1 to 31
<br />inclusive and Lot 41, Block 2; Lots 2 to 8 inclusive, Block 3; Lots 1 to 17
<br />inclusive, Block 4.; Lots 1 to 9 inclusive, Block 5, as designated on that
<br />certain map entitled "MAP OF REDWOOD TERRACE No. 2, REDWOOD CITY, CALIFORNIA",
<br />which map was filed in the office of the Recorder of the County of San Mateo,
<br />State of California, on May 9, 1946, in Book 25, of Maps at page 449.
<br />ALSO EXCEPTING THEREFROM all property in the area set aside as the Redwood
<br />Terrace Commercial Tract bounded by Woodside Road, Kentucky Steet, the
<br />easterly lines of Woodside Terrace No. 1 and Woodside Terrace No. 2, and the
<br />northerly boundary line of the Carson -Monckton Tract which will be served
<br />by the 8" C.I. water main, approximately 1200 feet in length, in Woodside Road,
<br />and 61' C.I. Water main in Kentucky Street, approximately 325 feet in length,
<br />which were constructed by the City in 194.7 to serve Redm od Terrace #2.
<br />ALSO EXCEPTING THEREFROM all property which will be served by the existing 12"
<br />C.I. water main along Vera Avenue, now owned by City.
<br />�I
<br />
|