HomeMy WebLinkAboutBP 78-105; Deen, Bill and Craig, Robert and Barbara; 79-142456; Future Improvement Agreement/Release-_ . 2322.. 79-142456
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RECG':tiING REQUESTE'I‘) BY AND t- Mm RECOI!DED P?AAIL, TO :
City of Girlsbad l200 Elm z\vcnue Carlsbsd, CA 92008
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*I OFFIIIb ..lL1;;:r(l)S
1 RyQ.;;y,Q -------. 24 DliGh CUUNTY, CALIF. Space above this line for
Documentary transfer tax: $ No fee NO FEE -------
Signature of declarant determininq tax- firm name City of Carlsbad
Parcel No, 203-251-10 -
c CONTRACT FOR FUTURE PUBLfC IMPROVEMENTS ---
THLS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as "City", and Bill Deen, an unmarried
man, as his sole and separate property, as-to an lindivicled % interest; and Robert Gene Craig and Barbara L. Craig, husband and wife as community property, as to an undivided + interest. hereinafter referred to as "Property Owner".
RECITALS: ---
WHEREAS, Property Owner has applied to City for a -
Rui.ldir?g Permit (Plan Check NO. 78-105 > -
for the real property hereinafter described, now under Property Owner's
WBEREAS, "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;
WHEREAS, tho Municipal Code of City, Chapter 18.40 requires certain
improvements and dedications as a condition of approval of this Building
Permit; and
WfiEREAS , Property Owner has
granted by City in advance of the time
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and
requested said Building Permit be
said improvements are to be made:
WHEREAS, Property Gwner, in consideration of the approval of
said Building Permit desires to enter into this agreementsecuring the
C0l~Stl?LlCtiOil of said improvements, and City has determined it to be in the
public irkercst to agree to temporarily postpone said constructibn;
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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 made by Prop-- arty Owner for said Building Permit (Plan Check
Number .78-105 ). --
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 10, 1979 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 estimates that the cost of engineering and construction of said
improvementsat the time of signing this contract is $~2200.00~'~ p --
Property Owner hereby ackn.owledges 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
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and covenants herein conta i ned, Propcrt,y Owner hereby grants to Ci ty a
lien upon the hcreinaftcr’descri’bcd property in the amount of $2200.00 ,
plus any future increases of cost in excess of this sum resulting from
increased engineering and construction costs, and in the event Property
Owner, his successors, heirs, assigns, or transferees fail to install
and construct said ‘improvements in the manner and within the time speci-
fied 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, and the entire cost and expense shall be
charged against said property and payabl’e by said Property Owner, his
successors, heit-s, assigns, or transferees immediately upon completion
of said improvements. In the event same is not paid within 30 days from
completion, ‘C’i ty may forec 1 ose
Forec ldsure of mortgages.
b) D
engineering, and
merits, and forec
rect the City .
the work requ
ose said lien
said 1 ien as provided by law for the
Engineer to estimate the cost of necessary
it-cd to install and construct said improve-
in said amount.
(c) Pursue any remedy, legal or equitable (including those .
Specifically refert-ed to herein), for the foreclosure of a lien, and the.
Property Owner, his sSuccessors, 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’ futur r? be executed by the Property Owner, his
successors, he i rs, ass igns, or transferees, and the lien 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
purchase money deed .of .t rust., Jhc lien hereby creat.ed shall likewise be
of no force or effect against any owner whose title to the property herc-
inaftcr dcscriberi is ncqui t-cd by or as a result of a forcclosurc or
(3)
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t t-us tees ’ 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 Fropet-ty 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 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
employee thereof, be liable’ or responsible for any accident, loss ot-
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 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 ass‘umed by said Property Owner, And _
his successors, heirs, assigns, and transfet-ees, and they shall save the
City hat-mless from, and indemnify the City against, any’ and all claims,
suits and liabilities of or t.o any person or property injured or claim-
ing to be injured as a .t-esult of said work or improvementsi Said Pro-
perty Owner, and hi’s 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 .pa tented article in the construction of said improvements.
Section 7. It is fut-ther agreed ‘that said Property Owner will
at all 1:imcs up to the completion and acceptanie of said work and im-
. provcmeiits 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 agrees to pay for such inspect ion of i’mprovements
as may be required by the City Engineer of City.
Section 8. Th i s agreement and the covenants conta i ned herci n
sh;111 hc binrlinq ttpon r7nd inure t.o the! benefit of the successors, he1 t-s,
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assigns, and t ransferccs of P1:0pc r ty Owner , sl,mll, run with said, real * .
propcl:ty, a&l crcatc c7n equitabl’& servitude irpon said real property.
Sect ion 9. -- A description of the property referred to herein
and upon which said lien is impqsed is desdribcd as follows: *
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THAT. PORTION OF CARtSBAD: IN TkE CITY GF’ CbRLSBAD, 1R ThE COUNTY ‘CF SAN
OCEGC, STATE OF C4LIFCRNlA, ACCORDIKG TC MAP THEREOF NO. 3650 FILED 11N
TH’E CFFICE OF COUNTY FZECQRDER OF SAN DlEGil COUNTY, FEBRUARY 2, 1087,
BOUhDED ON THE NORTHhEST BY Tt!E SCUTHWESTFHLY EXTFNSiCN CF THE
XOtiTHFASTFRLY LINE OF OLCCK 14 CF 5410 CARLSRAD; ON THE SOUTHEAST BY THk
SOUI-HYESTERCY EXTENSICN OF THE hCRTHWESTERLY LINE OF RLCCK 19 OF SAID
‘CPRLSBAD: ON THE SOUTHbdFST RY Tt-iE Lth(E CF CRDIN4RY HIGH TIDE OF THE WATERS
CF. THE PACIFIC CCEAh; GN THE NORTHEAST BY THE SOUTt-tkESTERLY LINE OF OCEAN
STREET, SAID SCUTl!WESTFRLY LINE f!ELNG DESC:IIBED AS FCLLCWS:
BEGIKNlNG AT A POINT IN THE, SOUfpWESTERLY PRCLONGATION CF THE
SDUTHEASTERLY LXhE CF BLOCK 14, CF CbRLSf340, ZLSTANT THEREOF SOUTH 55,*27
WEST 69.56 FEET FSOfi! THE POST SCUTHERLY CCRNER OF SAID BLOCK 14 BEING THE
MOST EASTERLY CCRhER iiF THAT PORTION Cf- CCEAN STREET VACATED AND CLOSED TO
PUBLIC USE BY RFSOLUTIGN OF*THE BG49D OF .StiPP’ERVISORS OF SAN GIEGO COUNTY;
.A-.CGPY Of WHICH kAS FILED II\’ THE CFFICE CF CUUNJY RECGRDER CF SAN DZEGO
CCUM I-Y, J 4NUARY 14 0 1948, AS FILE NC.. 40.76, IN BOOK ZEl,it PAGE 255 OP
f!FF ICiAL RECCjRDS; THFiiCE ALCAG THE SOUTHEbSTERtY PROLCNGbTIOli OF I’ilE
NORTHEASTERLY LINE OF SAID CLOSED PCRTlGn’ Cc CJCEAN STREET, SOUTH ‘3Qa56’ZC”
EAST TO.Tt!E SOUTHVFSTFRLY PPCLOt$GbTICN CF THE CENTFR LihE OF OAK STREET AS
SHCWN Ofi SAIIl MAP NO. 365, E!FIbiG THE SFGTI\;tx’ING OF A TANGENT 2Sei30 FOOT
’ R4.D EUS CURVE, COhCAVE ‘r;,ESTfRLV; THENCE SCZlTt!ERLY ALCfCG S!! IID CURVE 24s20
.FEET THROUGH AN PNGLE OF 53O44’36 “ TC A PCINT-Ok REVERSE CURVATURE WITI-: A
.25.80 FOQT RADIUS CURVE, CO&CAVE EASTERLY: THENCE SOUTHERLY ALOEiG SAID
CURVE 24,OL FEET THRCUGH AN bNGLE OF 53°19’26” TO SAID SOUTH%ESTERLY
P2OLCNGATIQN OF THE NORTHWESTERLY LINE GF &CCK 29 OF CARLSBAD. -
EXCE3TING THERFFRCIIS! TFE NCRTHWESTERLY 20 FEET.
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5ecZ:ion 10. The rcquircd improvements to be constructed and -- .
the,estimate.d costs therco$ are as follows: .
Improvements Estimated Costs --
1. *AC Paving and Base (1306 SF) $ 850.00
2. PCC Curb and Gutter . ( 68 LF) 340.00
3. 4" Sidewalk ( ,68 LF) 374.00
4. Portion Street Light Cost ( 68 LF) 200.00
5. Clearing and Grubbing as) 150.00
6. Engineering and'contingencies (15%) 286.00
TOTAL $ 2,200.00
TOTA& COST $ n
Dated: I' IL J
CITY OF CARLSBAD, a Municipal
STATE OF CALIFORNIA ) ) ss. CbUNTY OF SAN DIEGO )
.On Notary Public in and known to me to be the City Manager &f 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. .
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APPROVED AS TO FORJ&
(Nrjtarial acknowlcdgeme~~t of execution of owners must be attached) .
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STATE OF CALIFORNIA San Diego COUNTY OF- on March 16, 1979 > ss.
before me,
the undersigned, a Notary Public in and for said County and State,
personally appeared Robert Craig and Barbara L,
Craig and William (Bill) Deen - - - - - -
, known to me
to be the person.s- whose name8ubscribed to the
within instrument and acknowledged tha&Lexecuted the same.
8 SAFECO
I FOR NOTARY SEAL OR STAMP I :+ .I ‘Gs . . . . -t . . . A. ?+ty