HomeMy WebLinkAboutBP 77-390; Menconi, Conrad & Betty, & Menconi, James & Carol; 77-388310; Future Improvement Agreement/Release* 2m0 -- . RECORDXNG' REQUESTED BY j. .I ) WHEIJ RKECORDED MAIL TO:
City of Carlsbad 1200 Elm Avenue ! Carlsbad, CA 92008 1 1 .
Space above this line for Recorder's Use
Documentary transfer tax: $ No fee
Signature of declarant determining tax- firm name City of Carlsbad
Parcel No. 215-270-08 .
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CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation,'hereinafter referred to as "City", and Conrad J. Menconi and Betty S.
Menconi, husband and wife as community property, and James C. Menconi and Carol Menconi,
husband and w+fe as community property, each as to an undivided one-half interest, all as
tenants in common
hereinafter referred to as "Property Owner".
RECITALS:
WHEREAS, Property Owner has applied to City for a
Building Permit (Plan Check No. 77-390 )
for the real property hereinafter described, now under Property Owner's
ownership; and
WHEREAS, it has been found that said property is not suitable for
development in its present condition; however said property would be suitable
for development if certain public improvements hereinafter described are
constructed and certain irrevocable offers of dedication are made to City; , and:
WHEREAS, the Municipal Code of City, Chapter 18.40 requires certain
improvements and dedications as a condition of approval of this Building
Permit; and .
'WHEREAS, Property Owner has requested said Building Permit be
granted by City in advance of the time said improvements are to be made;
and
WHEREAS, Property Owner, in consideration of the approval of
said Building Permit desires to enter into 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 construction;
NOW, THEREFORE, IT IS AGREED between the parties hereto as
. follows:
Section 1. That City agrees to record any irrevocable offers
of dedication made by Property Owner for said Building Permit (Plan Check
Number 77-3go 1.
described improvements before approval of said Building Permit is granted,
agrees to install and construct, or cause to be installed or constructed,
said improvements in accordance with plans and specifications approved by
Section 2. That Property Owner, in lieu of making the hereinafter
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the City Engineer within 60 days after written demand so to do by City.
Property Owner shall not be required to make said improvements before
September 15; 1978 or within such further period of time as is
granted by City, provided, however, that upon the happening of either of
the following occurrences said improvements may, at the sole election of
City, be required 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 Owner, between inter-
secting streets on both sides of the street upon which the property herein
described has frontage, have agreed with City to install street improvements
to City specifications;
(b) When owners of more than 50% of the frontage, between inter-
secting streets on both sides of the street upon which the property herein
described has frontage, have petitioned the City to form an improvement
district for the improvement of said streets.
Said improvements shall be made without cost or expense to City. .
City estiinates that the cost of engineering and construction of said
improvementsat the time of signing this contract is $ 1,146.OO .
Property Owner hereby acknowledges that said cost is a 'reasonable estimate
of engineering and construction costs at this time and that the actual
cost of same at some time in the future may exceed this estimate.
Section 3. That for'the faithful performance of the promises
(2)
. .
L.
2242
and covenants herein contained, Property Owner hereby grants to City a
lien upon the hereinafter described property in the amount oi $ 1,146.OO ,
plus any future increases of cost in exc&ss of this sum resulting from
increased engineering and constructi-on costs, and in .the event Property
Owner, hi’s s.uccessors, heirs, assigns, or t ransfcrees fa i 1 to install
and construct said improvements in the manner and within the time speci- .
fied herei?, 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 pioperty reasonably necessary. for said
engineering and construction, and the entire cost and expense shall be
charged aga i nst said property and payable by said Property Owner, his ,
successors, heirs, assigns, or transferees immediately upon completion
of said improvements. In the event same is not paid within 30 days from
completion, ‘C’ity may foreclose said. 1 ien as provided by law for the
foreclosure of mortgages.
(b) Direct the City Engineer to estimate the cost of necessary
engineering, and the work required to install and construct said improve-
merits, and foreclose said lien in said amount.
(c) Pursue any remedy, legal br equitable (including those
specifically referred to herein), for the foreclosure of a lien, and the *
Property Owner, his successors, heirs, assigns, and transferees, 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 cbvenants made herein shall
not be binding upon the holders, mortgagees, or beneficiaries of any
purchase. money mortgage orpurchasemoney deed of trust for value which
has been or may in the futurq be executed by the Property Owner, his
successors, heirs, assigns, or transferees, and the 1 ien hereby created \
shall be and is hereby subordinated to and declared to be inferior apd
subsequent in lien to the 1 ien of any such purchase money mortgage or
purchase money deed ‘of trust. The lien hereby created sha 11 likewise be
property herc-
losurc or
of no force or effect against any owner whose title to the
Insfter described is acquired by or as a result of a fore?
(3)
trustees’ sale of any such purchase money mortgage or purchase money
. deed .of trust. .
Sect ion 5. That at. any time during the period tIerein provided, .
the Property Owner, his successors, heirs, .assigns, or transferees may
deposit a cash bond or post a surety performance bond satisfactory to
the City to charge sa,id surety with the cost of s,aid, 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,
an< that upon deposit of said cash or posting of said bond the City
agrees to release the property, or any poVtion,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 shal 1 any officer or
employee thereof, be liable’ or responsible for any accident, loss or .
damage happen.ing or occurring to thse work or improvements specified in
this agreement prior to the completion and acceptance of the same, nor
shall said City, nor any officer or employee thereof, be 1 iable for
any persons or prpperty injured by reason of said work or improvements,
but all of said liabilities shall be assumed by said Property Owner, and
his successors, heirs, assigns, and transferees, and they shall save the
City harmless from, and indemnify the City against, an); and all claims, ’
suits and 1 iabi 1 ities of or to any person or property injured or claim-
ing to be injured as a result of said work or improvements; .Said Pro- :
perty Owner, and his successors, heirs, assigns, and transferees; further
agrees to protect said City and the officers and’ employees thereof from
all liability or claim because of, or arising out of, the use of any
patent or.patented article in the construction of said improvements.
Section 7. It is further agreed that said Property Owner will
at all times up to the completion and acceptance of said work and im-
provements by the City, give’good and adequate warning to the travel ing
pub1 ic of any dangerous or defective conc!itions of pub1 ic property. The
Property Owner hereby agrees to pay for such inspect ion o.f improvements
as may be required by the City Engineer of City.
Sect ion 8. This agreement and the covenants contalned herein
shal 1 hc blndi nq 11pon ,>nd inure to 1’hct hcncfi t of the successors, hef t-s,
c ‘I )
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2244
assigns, and transferees of Property Owner, shall run with said real
property, and create an equitable servitude upon said real property.
Sect ion 9. A description of the property referred to herein
and upon which said lien is imposed is desc'ribed as follows:
Lot 88 of La Costa Meadows Unit No. 1, in the County of San Diego, State of
California, according t'o.Map thereof No. 6800, filed in the Office of the County
Recorder af San Diego County, December 9, 1970.
xx
. xx
xx
.
xx * :
xx
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Section 10. The required improvements to be constructed and
the. estimated costs thereof are as follows: *
, Improvements Estimated Costs
377 S.F. of 4" P.C.C. Sidewalk
75 L.F. of 3' High Retaining Wall
$ 396.00 .
750.00
” .
’ .
. . TOTAL COST $ 1,146.OO
Dated:
CITY OF CARLSBAD, a Municipal n of the State of
I, f
STATE-OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO )
Manager
On before me the undersigned, a Notary Public in and for said State, peisonally appeared Paul D. Bussey, known to me to be the City Manager-of the City of Car&bad, 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.
Notary Public
&PROVED As ~0 FORM: s
City Attorney
(Notarial acknowledgement of execution of owners must be attached).
-6-
*- - _-e..
10 I.44 CA lB.74)
(Jndiv~uaJ) ‘~24-c; . - * llTLE;4;W&ANCE
SrA2.E OF CAIJFORNIA ’ 1 e^ *ncm-
$!&JNTY OF-4 --
on ,‘.jpr; 13; !977
State, personalIy appeared -+-
, known to me
to be the personSwhose
to the within instrument and
executed the same.
WITNESS my hand and official seal. MIKEL L. MCCULLOUGH NOTARY PUBLIC - CAUFORNIA
4299 lv,acArtt,,r Blvd., E+:~:/port Geach, CA 92660
(This ana for dlicirl notarial seal) . --._. _--
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) "'
On September 19, 1977 before me, the.undersigned, the City Clerk of
the City of Carlsbad, a city within the said County and State, personally
appeared PAUL D. BUSSEY ' . known to me to be the
City Manaqer mfdxxxxxxxxxxxxxxxxxxxxxxxxx
~xko~~~x~s:~x~lrtecxxxxxxxxxxxxxxxxxxxx of,tl$,,$'orporation that executed
the within Instrument, known to me to be the p@#ns~q/$J%executed the within . Instrument on behalf of the corporation ther&~~&n&&'.tandacknowledged to me
that such corporation executed the within i&$%'&$eh?,~$ur~&nt to its by-laws
or a resolution of its board of directors:;‘,~~~~"~~.1:,'..'. L I <.!;- i y+
t p ..:.*-y. >
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‘, l .+..*- _ ': . . z ,i‘ ‘I, K OF THE CITY OF CARLSBAD ' 6 jt -+,i- ,,.\ I.ll. ,,.i'
DIVIDUAL ACKNOWLEDGMENT
On this _____________ ____________ d -w
. . . . . _.-__ -........-....... __ --.......... ____.._ ..--..............
known to me to be the perso&..whose name-5 . .._._______ _ __ AL .E _...._... subscribed to the within
instrument, andlged
NOTARY pg3Ll(; C,‘jLIFORNIfi
.County and State
My commission expires. _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 19. _ _ _ . _ .
P~LL/\~AI;E HI.,. e---- ljUUK 197-i REI;OR:IEl? REQUEST uf- 224’7
c@%i%& CITY CLERK .
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