HomeMy WebLinkAboutBP 78-13; Buckner, Gilda; 78-127576; Future Improvement Agreement/Release,
. ;c:;IORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
1. .) .
City of Carlsbad 1 1200 Elm Avenue Carlsbad, CA 92008 % i 1
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RECORDEDFWUESTOF
~&%??%??ClTY CLERK
HAPI 31 IO 33 #I ‘78
WfCiiL RECORDS
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SAtl DiEGO COUNTY,CALIFm
Space above this line for Recorder's Use
.i HARLEY F.BLOOM RecOAoeu kl0'FE-t
Documentary transfer tax: $ No fee
Signature of declarant determining tax- firm name . City.of Carlsbad
Parcel No. 205-060-13
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
NO FEE
THIS AGREEMENT is made by the City of Carlsbad,
corporation, hereinafter referred to as "City", and
Gilda M. Buckner, a married womaiz as her separate property
hereinafter referred to as "Property Owner".
RECITALS:
WHEREAS, Property Owner has applied to City for
Building Permit. (Plan Check No. 78-13 )
for the real property hereinafter described, now under Property Owner's
ownership; and i-z
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;
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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 Property Owner' for said Building Permit (Plan Check
Number 78-13 1.
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
April 1, 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
des‘cribed 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
improvements& the time of signing this contract is $ 4,770.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)
and covenants herein contained, Property Owner hereby grants to City a
li’en upon the hereinafter described property in the amount of $4,77O.d0 ‘,
p?us any future increases of cost in excess of this sum resulting from
increased engineering and construction costs, 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 emp’loyees 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 payable by said Property Owner, his
successors, heirs, assigns, or transferees immediately upon complet ion
of said improvements. In the event same is not paid within 30 days from
completion, ‘City may foreclose said 1 ien as provided by la-w for the
foreclosure of mortgages.
(‘b) Direct the City Engineer to estimate the cost OF necessary
engineering, and the work required to insta.11 and construct said im.prove-
-ment s , and foreclose said lien in said amount.
(c) Pursue any remedy, legal or equita’bTe (including those .
specifically referred to herein), for the foreclosure of a lien, and the
Property Owner, his successors, heirs, assi-gns, 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 Property Owner, his
successors, heirs, assigns, or transferee’s, and the lien hereby created
&shall be and is hereby subordinated to and declared to be inferior and
subsequent in lien to the 1 ien of any such purchase money mortgage or
.
purchase’ money deed of trust. The lien hereby created shall likewise be
of no force or effect against any owner whose title to the property here-
inafter described is acquired by or as a.result of a foreclosure or
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 said improvements; the
,amount of bond to be the estimated cost of engineering and improvements
at the time of such deposit or pos,ting as ascertained 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 portion of it as to which said
deposit or posting applies, from the provisions of this agreement, a.nd
td 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 or
damage happening or occurring to the work or improvements specified in
this agreement prior to the completion and acceptance of the same, nor : _’ a.. shall said City, nor any officer or employee thereof, be 1 iable for
any persons or property injured
but all of said liabilities shal
his successors, heirs, assigns,
by reason of said work or improvements, -
1 be assumed by said Property Owner, and
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 improv.ementsi Said Pro-
perty Owner, and h’is 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,.
Sect ion 7. It is further agreed that said Property Owner w ill
at all times up to the completion and acxeptance of said work and im-
frovements by the City, give good and adequate warning to the traveling
public of any dangerous or defective conditions of public property. The
Property Cwner hereby agrees to pay for such inspection- of improvements
as may be required by the City Engineer of city,
Sect ion 8. This agreement and the covenants conta i ned herei n .
sha 11 be binding upon and inure to ttc)benef i t of the successors, heirs,
,.
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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 ‘1 ien is imposed is desdribed as follows:
That portion of Tract 123 of Carlsbad Lands, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No. 1661,
filed in the office of the County Recorder of San Diego County, described as
follows:
Beginning at a monument.marking the intersection of the center lines of
Basswood Avenue and Valley Street as shown on the Map of Thum Lands, accord-
. ing to Map thereof No. 1681, filed in the office of the County Recorder of San Diego County; thence South 50°05'2C" West along the center line of Bass-
wood Avenue 517.77 feet;-thence North 31°12'20" West 265.71 feet to the true .
point of beginning; thence continuing North 31"J2'20' West 55.63 feet; thence
North 55'28'10" East 357.08 feet; thence South 34"21'50" East 21 feet; thence
North 55'28'10' East 140 feet to the center line of said Valley Street; thence
South 34'31'.50' East (Record South 34'33' East) 50.99 feet to a point distant thereon North 34'21'50' West 200.46 feet from said intersection of said center lines above referred to; thence South 57'21'13' West 500.58 feet, more or less, to the true point of beginning..
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Section 10. The required improvements to be constructed and
the. estimated costs thereof are as follows:
Improvements Estimated Costs
$
.
1 SEE ATTACHED EXHIBIT “A”
. .
Dated:
. TOTAL COST $ 4,770.09
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO .
1
/ :_ . . .
Property Owner
CITY OF CARLSBAD, a Municipal State of 1:
.
City Manager
) ss. . . 1 . -: \
9n 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 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. \ .
l WITNESS my hand and official seal.
, b
Notary Public
APPROVED As To FORM:
.
(Notarial acknowledgement of execution of owners must be attached).
-6-
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523 INDIVIDUAL ACKNOWLEDGMENT
before me, the undersigned, a
known to &'$J ~~+7h~YBurr~"Siil$re~~lis/cu subscribed
to the within instrument, and acknowledged to me that b/she/they
executed the same.
WITNESS my hand and Official Seal,
(seal) .._ (4?ici&&+..&...
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CARLSBAD 1
Otl March 29, 1978 before me, the undersigned, the City Clerk of the City of Carlsbad, a city wiihin the said County and
State, personally appeared PAUL D. BUSSFY
known to me to be the person whose name a ..,, ; s,; 1,. ( _', subscribed to the within instrument and acknowleb~ed,~~a~~~~~"~::il~.':~.~~ .,
executed the same. .* .* f" .,* .* ',
Signature ww&?
City Clerk of the City of Carlsbad
P
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EXHIBIT "A"
.
VALLEY STREET:
Improvements
A.C. Pavement and Base
6" Curb and Gutter
4" P.C.C. Sidewalk
Portion Street Light Cost
Grading and Preparation
Engineering and Contingencies
Valley Street Total
FUTURE JAMES DRIVE:
Improvements
A.C. Pavement and Base
6" P.C.C. Curb and Gutter
4" P.C.C. Sidewalk
Portion Street Light Cost
Grading and Preparation
$ Cost Water Main and Appurtenances
% Cost Sewer Main and Appurtenances
Engineering and Contingencies
James Drive Total
GRAND TOTAL
Quantity
1,020 S.F.
51 L.F.
255 S.F.
Lump Sum
Lump Sum
15%
Estimated cost
$ 665.00
255.00
270.00
115.00
200.00
225.00
$1,730.00
Quantity
1,100 S.F.
55 L.F.
Estimated
cost
$ 715.00
275.00
275 S.F. 290.00
Lump Sum 120.00
Lump Sum 200.00
55 L.F. 605.00
55 L.F. 440.00
15% 395.00
$3,040.00
$4,770.00