HomeMy WebLinkAboutBP 79-402; Wabiszewski, Wenzel and Sandra; 81-102543; Future Improvement Agreement/Release’ RECORD I NC; KQUESTED BY AND WHEN RECORDED MAIL TO: - -
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City, -of Earlsbad
1200 Elm Avenue i
Carlsbad, CA 92008
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; Space above this line for Recorder’s
FkEiPAGE Wo.,-w.m BOOK 1981 ECORDEDREQtfESfOF. of declarant de.termining tax-
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fit; EFEarlsbad
‘~~f=F~clnt T4!lxoRf>3 SW o&&V CkwlJP~ c+ Parcel No. 215-493-l 2
VERA LILYi& NO FEE fmcBgi&&
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as '@City", and Wenzel J. Wabiszewski .-
and Sandra S. Wabiszewski, husband and wife
as joint tenant; hereirraft.er referred to as "Proper-
ty Owner".
REC I TAG:
WHEREAS, Property Owner has applied to City for a
BUILDING PERMIT (PLA’N CHECK F\lo, 79-402 ’ 1
for the real property hereinafter described, now under Property Owner’s .-.
ownership; and . .
WHEREAS, it has been found that said property is not suitable d
for development in its present condition, however said prqperty .wouTd be
suitable for development if certain public improvements hereinafter
descr.ibed are constructed and certain irrevocable offers of dedication
are made to City; and
WHEREAS, the Municipal Code of City Chapter l&.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 cJrarlted by City in advance of the time said improvements are to be
made; and
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WHEREAS, Property Oxner, in consideration
(1)
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I. *said Building Permit 79-402 desires to enter into this agreement
securing the construction of said improvements, and City has determined
it to be in the pub1 ic interest to agree to tejnporarily postpone said
construct ion;
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 No. 79-402 ) .
Sect.ion .2. That Property Owner, in lieu of making the herein-
after 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 specifi- \
cations approved by the City Engineer within 60sdays after written
demand so to do by City. Property Owner shall not be required to make
said improvements Ibefore June 1, 1981 or within such further period .
of time as is granted by City, provided, however, that upon the happenTng
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: ‘z
(a) When the City Council finds that the owners 0540% 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 improve-
ments to City specifications.
(b) When owners of more than 50% of the frontage, between
intersecting streets on both sides of the street upon which the property
herein described has frontage, have pet it ioned the City to form an
improvement district for the improvement of said streets.
Said improvements sha.11 be made without cost or expense to
I I City. City estimates that the cost of engineering and construction of
I said improvements at the time of signing this contract is $800.00 e i
L Property Owner hereby acknowledges that said cost is a reasonable
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estimate OF engineering and construction costs at this time and that the
1 actual cost of same at some time in the future may. exceed this estimate.
i; Section 3. That for the faithful performance of the promises
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(2)
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and c‘ovenants herein contained, ?roperty Owner hereby grants to City a
lien upon the hereinafter described property in the amount of $800.00 ,
plus any future increases of cost in excess of this sum resulting fro-m
increased engineering and construction costs, and in the event Property
Owner, his successors, heirs, assigns, or trans.ferees 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 property reasonably necessary for said - .
engineering and construction, and the entire cost and expense shall be -
charged against said property and payable by skid Property Owner, his . .
successors, heirs, assigns, or ttXnSferX33S immediately upon COmpletiOn
of said improvements. In the event same is not paid within 30 days from.-
completion, City may foreclose said lien as provided by law fo.r the
foreclosure of Mortgages. r
(b) Direct the City Engineer to estimate the cost of necessary
engineering, and the work required to install and construct sa,id improve-
ments, and foreclose said lien in said amount.
(c) Pursue any remedy, legal or equitable (includibng 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 attorneyts 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 or purchase money 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 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 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
(3)
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. 1530 .
. * .t t-us tees ’ sale of any 5 ,h purchase money mortgagi Jr purchase money
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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 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 the 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, 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 or
damage happening 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 of-f icer or employee there.of, be 1 iable for
any persons or property injured by reason of said work or improvements,
but all of said liabilities shall be assumed by said Property Gner, and
his successors, heirs, assigns, and transferees, and they shall save the
City harmless from, and indemnify the City against, any and’&11 claims,
suits and liabi 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 traveling
public of any dangerous or defective conditions of public property, The
Property Owner 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 contained herein
shall be binding upon and inure to the benefit of the successors, heirs,
(4)
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‘ass i’gns, 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 described as follows:
Lot 37, CT 75-4 per map 8302.
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, . c , 1532 - , * . Section 10. The required improvements to be constructed and
the estimated costs thereof are as follows:
Improvements --
5' PCC Sidewalk
Estimated Costs
$ 800.00
TOTAL COST $ 800.00
Datedz-,Tmfj
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CITY OF CARLSBAD, a Municipal Corporation of the State of California
STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO )
BY
Frank Aleshire, City Manager
On 198, I before me the undersigned, a Notary Public or s&id State, perSOnally appeared Frank D, Aleshire 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, ,
I
and acknowledged to me that such City of Carlsbad, California, executed the same.
WITNESS my hand and official seal.
,
l Notary Public
CIPAL OFFICE IN
Vincent F. Biondo, Jr. City Attorney *
(Notarial acknowledgement of execution of owners must be attached).
,
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STATE OF CALIFORNIA
COUNTY OF . . . . . . . . . . . . %!! _... ??.%%? . . . . . . .._......__. > “* 1533
On ._._ k?&~tJ...?.~.,.?-.!k8.~ _..______.________._....., b e ore me, the undersigned, a Notary Public in and for said State, personally appeared f
__...._____.._____ ~~.Z~~...~*...W~IS~ ~~d...~~~~...sr...~~~.~.~.~~~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..-.....................
.____..___________._.......................................................................................................................... known to me to be the person(s) whose name(s) . . . . . . . aI% . . . -.
subscribed to the within Instrument and acknowledged that . they. .._._....._. executed the same.
WITNESS my hand and official seal.
(Seal)
OFFICIAL SEAL I’ ‘7 \ \
K. J. WHITING ‘i k
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MOTARY PUBLIC . CALIFORNIA Is.\\ vd+p zri;l: . . . . . . . --. . ..&+.... ..,... .“...‘[ I... . . . . . . . . . %
PRHCIPAL OFFICE IN \..
SAN DIEGO COUMY
.yylx’s Srgnature 1%
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023200 12-76 * 25 PS Individual Notarial Acknowledgment