HomeMy WebLinkAboutBP 77-675; Dixon, Vincent and Mounean; 78-108200; Future Improvement Agreement/Release.RBCORDING REQUESTED BY WHEN RECORDED MAIL TO:
City of Carlsbad
1200 Elm Avenue Carlsbad, CA 32008 /' kd- _- -T' _. _~ T '- - - .~
666 ,IND )
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--.7--. : ; 1 1 / Space above this line for Recorder's Use
I I Documentary transfer tax: $ No fee mc
Signature of declarant determi.nin.g.tax-
i firm name City of Carlsbad
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I Parcel No. 215-450-15
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~~ --~-zdT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as "City", and
VINCENT RONALD DIXON and MOUNEAN J. DIXON, husband and wife as joint tenants, v
hereinafter referred to as "Property Owner".
RECITALS:
WHEREAS, Property Owner has applied to City for a .
Building Permit (Plan Check No. 77-675 )
for the real property hereinafter described, now under Property Owner's
ownership; and .n
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 5
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;
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NOW, THEREFORE, IT IS AGREED between the parties hereto as
follows:
Section 1. That City agrees to record any irrevocable offers
of dedication ma.de by Property Owner for said Building~Permit (Plan Check
Number 77-675 ).
Section 2. That Property Owner, in lieu of making the hereinafter
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
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
February 1, 1979 or within such further peri.od 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 L-roperty Owner, betweeh 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 508 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
City estimates
improvementsat
Property Owner
of engineering
improvements shall be made without cost or expense to City.
that the cost of engineering and construction of said .I'
the time of signing this contract is $ 3,378.00 .
hereby acknowledges that said cost is a reasonable estimate
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)
and covenants herein contained, Property Owner hereby grants to City a
li’en upon tile hereinafter described property in the amount of $ 3,378.00A
plus any future increases of cost iri excess ,of this sum resulting from
increased engineering and construction cost-s, and in the event Property
Owner, his s,uccessors, heirs, assigns, or transferees fail 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 p;operty reasonably’necessary for said
engineering and construction, and the entire cost and expense shall be
charged against said property and payable by said Property Owner, his
successors, heirs, assigns, or transferees immediately upon completion
of.said in:provements. In the event same is not paid within 30 days from
comp,letion, ‘C’ity may foreclbse s&id lien as provided by law for the
foreclosure of mortgages.
W 2lrect the City Engineer to estimate the cost of necess.3~y
engineering, and the war!< required to install and construct said improve-.
ment s , and foreclose said lien in said amount,
(c) Pursue any remedy, legal or 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 covenants 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 future be executed by the Proper-ty Owner, Lois
successors, heir-s, assigns, or transferees, and the lien hereby created
shall be and is hereby subordinated to and declared to be inferior and
subsequent in 1 ien to the 1 ien of any such purchase money mortgage or
purchase money deed ‘of t rust. The lien hereby created shall likewise bc
of no -force or effect against any owner whose tit lc to the property herc-
in3fter described is acquired by or as a result of a foreclosure or
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trustees’ sale of any such purchase money mortgage or purchase money
deed of trust, .
Sect ion 5. That at any time during the period herein 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 asce‘rtained by t,he City Engineer,
and that upon deposit of said cash or posting of said bond the City
agrees to release the property, or any port ion 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 6L 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 the work or improvements specified in
this agreement prior to the completion and acceptance of the same, nor
shall said City, nor any officer or employez thereof, be 1 iable for
any persons or property injured by reason of said work or improvements,
but ail 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, any and all claims,
suits and liabilities 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 wi 11
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 traveling
public of any dangerous or defective conditions of pub1 ic property. The
Property Owner hereby
as may be requi red by
Sect ion 8.
5 ha 1 1 bc! b 1 nd i nq rlpon
agrees to pay for such inspection of improvements
the City Engineer of Cit’y.
This agreement and the covenants contained herein
and i nut-e to the bcncfi t of the sIIc.ccssors, hci t-s,
assigns, and transferees of Property Owner, shall run with said real
property, and create an equitable servitude upon said real property.
Section 9. A description of the property referred to herein
and upon which said lien is imposed is described as' follows:
Lot.689 of LA COSTA MEADOWS UNIT ?jO. 4, in the County of San Diego, State
of California, according 'to map thereof No. 7367, filed in the Office of the County
Recorder of San Diego County, July 19, 1972.
Excepting from that portion o.f said lots lying within the east half of the
southeast quarter of Section 25, Township 1.4 South, Range 4 West, a 1/16th of all coal,
oil, gas and other mineral deposits as reserved by the State of California in patent
recorded April 22, 1954, in Book 5212, Page 490 of Official Records. The right to the
use of the surface, including its right to enter such lands to a depth of 500 feet below
the surface was released and was quitclaimed by the State of California to La Costa Land
Company, by document recorded June 30, 1971, as File/Page No. 141047 of Official Records.
Also.excepting from that portion of said lots lying within Lots 3 and 4 -
west half of the southwest quarter - of Section 30, Township 12 South, Range 3 West and
the east half of the southeast quarter of Section 25, Township 12 South, Range 4 Uest,
a one-half interest in oil and mineral rights;. as reserved in deed recorded June 27, 1960,
as File/Page No. 129955 of Official Records.
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Section 10. The required improvements to be constructed and
the.estimatcd costs thereof are as follows:
, Improvements Estimated Costs
1. 1,455 s.f. of 4" PCC Sidewalk . ; '$1,528.00
2. 185 1.f. of 3'f High !?etaiiing Wall 1,850.OO
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TOTAL COST $3,378*.00
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OFFICIAL SEAL
A. GUY, JR.
T&R” +“(IflLIC CALIFORNIA
~,i,ruC,Pal OFFICE IN
SAN OiEGO COUNTY
, hplrss Jenu@~ 27, 1991
CITY OF CARLSRAD, a Municipal
STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO )
On ;)r)~d /I. / 978 , before me the undersigned, a
Notary Public in and for said State, personally appeared Paul D. Gussey,
known to me to be the City Manager of the City of Carlsbad, a Municipal. Corporation of the State of California, known to me to be the person who
executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same. .
WITNESS my har$ and official seal.
APPROVED AS TO FORM:
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(Notarial acknowledgement of execution of owners must be attached).
-c-
TO ,441 CA (8.74)
(Individual) TITLE INSURANCE AND TRUST
STATE OF CALIFORNIA
San Diego > ss. ATKOR COMPANY
COUNTY OF __ 67%
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0- before me, the undersigned, a Notary Public in and for said
State, personally appeared V. R. Dixon and Mounean J. Dixon 7
!!! I iii I w , known to md
i to be the person S whose nam& are subscribed
2 u) to the within instrument and acknowledged that thea executed the same.
WITNESS my hand and official seal.
Signa
WV---- 4- OFFICIAL SEAL
L AXTTA POLAN
NOTARY PUSLIC - CALIFORNIA
S.?F: 2; CGG COUNTY
I My com;l. cqires JUN 7, 1981
(This area for official notarial seal)
ADDRESSEE
PfAR 20 ifl 12 #! ‘18
CFFiCIbLRECORDS SAN DIEGO COUNTYtCALIF. HARLEY F. 8lOOhi RECORDER NO %f