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Home My WebLink AboutADJ 162; De Wolf, Ronald; 79-281216; Future Improvement Agreement/Release-:1- . rL-$;* * ’ -..w-.. -*I__-._ ‘I- -- -I .: \ .: 9,; *’ b: ~~C&Dl& REQUESTED BY AND WHEN RECORDED MAIL TO: 1 City of Carlsbad . ) 1200 Elm Avenue . 1 - Carlsbad, CA 92003 I 1 ___-_. - tw3~ .- --’ . x : . I” !E 794281216 [ M?l?A6P HO,,. .,. - nec~n~~~~~~~~~~ t?f i i 1 . i i Space above this line for Recorder's Use . m NO FEE i Documentary transfer tax: $No fee r . l . l Signature of-declarant determining tax- . firm name . * / i . City of Carlsbad * i . . .' Parcel No. 206-191-05 . I . ; COkTRACT FOR FUTURE. PUBLIC IMPROVEMENTS i * i : t THIS AGREEMENT is made by the City of Carls.bad, a municipal 1 'i [ ._ corporation, hereinafter referred to as "City", anb Ronald C. De Wolf f i t p married man -LI hereinafter i t . referred to as *‘Property RECITALS: . > WHEREAS, Prope ‘kdjustment Plat Ho. 162 Owne'r". i- . b . . . . . -1 . ‘\ ‘. . 6 i rty'owner has applied to City for a Lot-Line i‘ \ : for the reai property'hereinafter desc-ribed, now, ; . . . . . / under,Property Owner's ownership; and . - . . . WHEREAS, it-has been found that said property is not suitable - for dev.elopment in its present condition, . 1 however said property would be. . [ suitable for devel'opment if certain public improvements ‘hereinafter i . : described are constructed and certain irrevocable offers'of dedication I [ are made to City; and _ ‘. . .’ .’ ., .. ,, - i ‘. 1 . . . . .’ .’ : i . WHEREAS, the Municipal, Code of'City, 1 Section 20.36.060, provSdes i .the City Engineer may require certain improvements and dedications as a i -, condition of approval of this adjustment plat;‘and ‘: I -* i . . ' WHEKEAS, Property Owner has requested said adjustment p’lat. i be granted by City in advance of the time said improvements-are to be 'made; a'nd . . . . . : WHEREAS, Property Owner, in consideration of the approval of . ’ , . .’ .* , . ., I , . . . . . . . I. Ii ,‘. 1. I . (1)’ ’ I. . . ’ ,*.. . .I .I .*. . . . . . .A . . . .._‘. . .B . .s_. I_ ,. .-_r -’ ., ._ .~ . . . . .<. c, ‘. . 1. -.. % *, ; I - . . . * __ - ..- : - - _-- .- : , ; ,_*. * ‘saiti ’ ‘a’djustment plat .tiZ . in-d this agreement securing the construction of said improvements, and City has determined it to be in the public interest to agree to temporarily postpone said construct ion; . . . * I NOW, THEREFORE, IT IS AdREED between the parties hereto as follows: * ‘. . . Sect ion’ 1. That City. agrees to record .any irrevocable offers of dedication made by Property Owner for Lpt Line Adjustment Plat .’ . No. 16,2 . Section. 2. That Property Owner,. in lieu of making the herein-y after described improvements befo-re approval of said adjustment plat ,’ : . is granted, agr,ees to install and construct;or cause to be installed or constructed, said improvements in accordance with ‘plans and specifi- cations approved by the City Engineer within .60 days after written demand so to do by City. Property Owner shall not be required to make . sa.id improvements’before . . 2-8-80 or within such further period -‘.of time as is granted by’city, provided, ho&ever., that upon the happening . . of either’,of the following’.occurrences said improvements may, at the sole . -., e?ectiori of City, be requi’red to be’made. sooner than said date or such . * . ~ :_ . extended period of time which may have been granted by City: =‘=’ . . . ‘. (a) When -the City Council finds that the owners of 40% or more . . . .. of the frontage,’ including the frontage of. Property &net-,’ between ‘inter- ‘. .. secting streets on. bdth sides of the street upon .which the property’herein : . . . d.escribed has frontage, have agreed with City to install street improve- . . . - :. ments to City specif’ications. . ._ . - ‘, “r(b) ‘- . Wh en owners of more than SO%‘of the’frontage, between *_ ’ intersecti.ng streets on both sides-of the street upon which the property herein’described has frontage, have pet it-ioned the City to form an .., . . .., . . ” .., .imp&vkment di’strict fbr’thc imProv&&nt’ of’-said’ streets. ’ .: . ’ 2 .’ ., . Said improvements shall be made without,cost or expense to City. ‘City estimates that the cost of engineering and cons’truction of . . said improvements at the time of signing this’ contract is $4,665.68 Property Owner hereby acknowledges thjt said cost is a reasonable _ estimate of engineering and constructfon costs at this timeand that the actual’ cost ‘of ‘same at some time in the futusc may exceed this estimate. ’ +‘Sectiori 3. That for the faithful pcrformancc of the promises 3 I.!, I ,.I, .: 8 ‘. . ’ .+ I“ ’ ‘. , 1 I 41 ‘ ;, , *. (2) ,, ,I t -w-yT.rC I. , .,...&.rr.m-“, +..e..e.,.A .-,“*n--r,+.-~srr+r..,,.r,~,--...u.*..rr.rn.,-~..r- .--,.I. *.wT”.-*L’...7 . . . . . .a... . ,..% . ..- -,... i * .,’ I I .’ 1 . .. ‘, ; ;. 0 . 8 + ’ (‘I A) * * I .!‘. ., 9. ., ’ - I i . -. ) l T - 4-e - ---- ---me- *. . l ..:; I’,. . . 8 - (.‘a I l(ij5 .-\ . I. and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $43665.68 . plus any future increases of cost in’ excess of this sum resulting from increased engineering and construction costs, and ,in the eve.nt. Property Owner, his successors, heirs,.assigns, or t.ransferees fai 1 to install and construct said improvements in the manner and’within the time speci- f ied herein, he agrees that City may do any or all of the following: ; (a) Have the.necessary engineering for said improvements’ done, ‘and install’ and construct said improvements by contract or other- . . wise. City or its contractor and his employees may enter upon any portion or portions of ‘the property reasonably necessary for said ’ engineering and construction, anb the entire cost and expense shall be . . charged against said property and payable.by said Property’ Owner, his successors, he! rs’, ass.igns, 0.r transferees immediately upon completion _ df’said imp,rovements. In the event same is not paid within 30 days from ‘. -__ comp’l et ion, C ity may forecl’os’e s& id . !ien as provided by law for the . . . . . . --. forec!osure of .mortgages. . . ._ * . - . *--. e.‘. (b) Direct the City Engineer to estimate the cost’%F necessary ._ . eng i neer i ng, and+the work required to insta.11 and construct said imp’rove- . . . -. merits; and foreclose said lien in said amount. i . . . (c) Pursue any remedy, legal or equitable .‘( includi’ng those . . .‘I specifically referred to herein), foi the foreclosure of a lien, and the . . * l ’ . _ . . Property Owner, his -successors, heirs, assigns, and ‘t.ransferees, shall be liable for reasonable attorney’s fees as a cost in said proceedings. . Sect ion 4. That it is agreed that anything.herein contained to . the contrary notwithstanding, the promises’and covenants made herein shill *. ‘. : . : . not be.binbing’upon the hojde;s,* mortgj.geesj or bkne’ficla’ri’es of a’ny . purchase, money mbrtgsge orpurchasemoney deed of trust for value which . has been or may in the future be executed by the Property Owner, his . successors, heirs, assigns, or transferees’, and the li.en hereby created shall be and is hereby subordinated to and declared to be inferior and subsequent in lien to the lien of any’such purchase money mortgage or . I . purchase money deed of trust. The lien hc.reby created s,hal 1 .Tikcwise be a- . . . . *. - . of no force or effect against any owner whose title to the property hcre- inafter described is acquit-cd by or as a result of a forcclosurc or t .- . - . ..&I’ -LAL,..*-.,., .A..- . . . . *’ . ,..; .- . - *. . . c . . . ’ 1KK . . trustees’ sale of any such purctiase money mortgage or purchase money . deed of trust. . . . : . . . . - Sect ion 5. That ‘at iny time dur.ing the period herein provided, ‘the Property Owner, his successors, heirs, assigns, or transferees may deposit a cash bond o.r post a surety performance bond satisfactory to ..the City to charge said surety with the cost of said improvements; the amount of bond to be the estimated cost of engineering and improvements . at the time of such deposit or posting as ascertained by t-he City Engineer, * and that upon depos,it of said cash or posting of said bond the City , * . . ;igrees to release the property, or any portion of it .as to’which said . * .deposit ‘or posting applies, from the provisions of this agreement,’ and .to execute any necessary release-to enable the’record title of the pro- -’ perty to be released from the lien herein .imposed. : . . . ‘* . . - Sect ion 6. Said City.shall not, nor shall any officer or -- ,-‘: r&p1 oyee thereof, be liable or responsible for any accident, loss or . ;. .:.e :dam?ge happening or occurring &I ttie work or improvements specified in ’ . . : -- _ :: _ -. i -;.:,;this agreement’ prior to the completion and acceptance of the same, nor .. 1 ,.-i p. -l~:i$hal 1 said City* nor any officer .or employ&k thereof, be 1 i,abJe. for . . . ..- -‘--<any persons or property injured by reason of said work or improvements, : -.,;if-but all of said liabi’lities shall be assumed by said Property Owner, and ea.:.: . . . . ..%, his successors, heirs, assigns’, and transferees, .and they shall save the ‘.. .y . _, . . \ ; .: ._ ;’ * >City harmless from’, . . ._ .i.ii and indemnify the City against, any and all cl’aims, . :” a - . \ -il?:“suits and liabilities of or to any person or property injured or claim- ..> : . . ...*. . . F,:,king to be injured as a. result of said work or improvements. ‘Said Pro- . .i” . . . ‘...-:.&rty ,Owner, and his successors, heirs, assigns, and. transferees, further -. : . ..;agrees . . i to protect said City and the officers and employees thereof from . . . i all liability or claim bectiuse of’, or arising out of, the use of any’ - * patent or patented article in the construction of said improvements. . . *Section 7. It is further a,greed that said Property Owner will . at all times up td the completion and acceptance of said work and im- . . . .I provements by the City, give good and adequate warning.to the traveling . .’ - pub1 ic ,of any dangerous or defective ‘conditions of pub1 ic property, The .’ Propcity Owner .hcrcby agrees to pay for such inspect ion of improvements . 1 _. . . *’ + ‘. : as may be required by the City Engineer of City. ,.’ Section 8. This ngrecmcnt and the covenants contained hcrcin ’ * .‘* shall be binding upon and inure to the bcncfit of the successors, heirs, ._ (‘0 . .I . . *i I’ *‘,I ,: .* . , * ‘. I I ” I ,.?.a--- - . ..h.. L-..L.‘,’ ’ ’ I* .). . . ..-........A .I.-. I I’ ae,,w ..L., -,* ..,.-..,,- ;. *w-w 7 . . ..-a --rc- . . . . . I ^. ..,..r..-h- .-‘“-‘-w*.- pF.r. .-....., C~-~-“r*L..~..... , C”. - -7. __ . .,. . A. ; -t. d +.-,- * ::,’ . L _ .- . ., . _.- ‘- .. ;.l(i3;-;;;,; . -i . . -. 1. . -. . . -. . assigns, and transferee-s of Property Obmer,. shall run \Fljth *. -0 proper% and c’yeate an equitable seivitude upon said real .- - I -,.. . _ A- . ; - .-. _ ‘. - -_ .s-. -. - - m __ _ _ *.- _- - . . . : _ said real - . . properry’, .:- 5 . - Sect,i on 9. A dei&ripri&l of t-h;? property .- referred .to herein * .- . ‘lien ii-imposed is described as follobgs: tind upon which said . - .,-’ . - -. s .- -.. . . -. .f .r . ‘. 1 ,. :‘. . . . _- . . ..* . . . - . w . . : ..:. ‘.. -:, _ ” ..-. . - :: :* --.. . ‘: .. ._ -a.%_ . ._ ,. . - ‘_ . .: : .I-+-: That portion of Lot 5, in Block “F” of Bella. Vista, in : the CiWof Carlsbad, County of San Diego, State of California, according.to Map thereof No. 2152, filed in the Office of the County Recorder of San Diego County, March 7, 1929, described as follows: BEGINNING at-the most Northerly corner of said Lot 5; thence South 43°51t331' West along the Northwesterly line of said Lot 5 a distance of 242.31 feet to the most North- erly corner of that certain 14.00 foot wide dedication for Park Drive as granted to the City of Carlsbad by Deed re- corded April 23 1979, as File No.79-165221 of Official Records of said,Co&ty; thence South 46"08'27" East along the Northeasterly line of said 14.00 foot wide dedication and its Southeasterly prolongation, said Southeasterly prolongation being the Northeasterly line of that certain _ 8.00 foot wide dedication for Park Drive as granted td. the City of Carlsbad by Deed recorded April 23 , 1979, as File No.79-165221of Official Records of said County, a distance of 120..00 feet; thence North-43°51*33't East along a line parallel with and 120.00 feet Southeasterly, measured at right.angles from said Northwesterly line of Lot 5, a distance of 200.58 feet to a point in the Northeasterly line of.said Lot 5; thence North 26"58'00' West along said Northeasterly line a distance of.127.05 feet to the POINT OF BEGINNING. 3 F Section 10, The required improvements to be constructed and . the estimated costs.thereof are as follows: . Improvements Estimated Costs Curb 133.37 Ft. ,$ 666.85 .Portion of Street Lighting . 133.37 Ft. 386.77 Surface &,Base. 2,534.03 S.F. 1,647.12 5' Sidewalk . 666.85 S.F. 700.19 Preparation of Sub-Grade 2,534.03 S.F. 456.13 Site Preparation 133.37 Ft. 200.06 Engineering & Contingencies 15%. , 608.57 . TOTAL COST $4,665.68 . Dated:~/~~/~? '., _r . . .i . .STATE OF CALIFORNIA ;OUNTY OF SAN DIEGO ‘. CITY OF CARLSBAD, a Municipal . 1 . ) ss. > L Notary Public iv L b- /9 7.9 before me the undersigned, a and fjo r sa'id State, pe &onally appeared Paul'D. Bussey, known to me to be the City Manager of the City of Carlsbad, a Municipal Corporation of the State of California', known to me to be the person who executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same. WITNESS my hand and official seal. . . . F. Biondo, Jr. (Notarial ackno . owners must be attached). -6- . , _, ‘. ,- ,.*II -_____ _._ . I.C”..-L”“, e.“--..*.., . . ,. . . ^._ . - . .-. . ..^._._._ . . .- _” .w STATE OF CALIFORNIA COUNTY OFSan DiegO SS. A SW9 On March 27: 1979 before me, the undersigned, a Notary Public in and for said *; State, personally appeared Ronald DeWolf ! z D z > z- , known to me E to be the perso- whose name is subscribed to the within instrument and acknowledged ; .; I that he executed the same. hand and officia1 seal. Name (Typed or Printed ) (nllr II” for OfflCi~l notarid sul)