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Home My WebLink AboutCT 80-46; Swab, James; 82-365165; Future Improvement Agreement/Release, --.- 82-365165 RECORD IKG REQUESTED BY !1ND ) WHEN RECORDEID MA I :. TO: ) c; ;y of Carlsbad ! 1200 Elm Avenue Car-l shad, CA 92008 1 \ I ---I- rxCOR2f[j ;rj ---* “FFtCikt. fi:::(:~,ii~r 1 OF SAN 0 jEtlo ii::‘y) y.& / i NO FEE --.----I- ~. Spade above this 1 i ne for Recorder’s USC? Documentary transfer tax: SNoQ Signature of deck-arrant deterGGZng tax- f i t-m name City 0-T Carlsbad Parcel No. 156-20_0-14 -- CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS -- ~- THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as “City’l, and James Robert Swab, a married man as his sole and separate ? hereinaf property ty Owner’! . ter refer r ed to as “Proper- RECITALS: --.-. WHEREAS, Property Owner has appl ied to City for a subdivision of property known as Carlsbad Tract 80-46. f 0 r t he Tea 1 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 wou suitable for development if certain pub1 ic improvements hereinafter described are constructed and certain irrevocable offers of dedicat are made to City; and WHEREAS, -the Muni c ipal Code of C Number 6609. ‘d be on on attached hereto and incorporated by reference herein require certain improvements and dedications as a condition of approval of this ; and WHEREAS, Property Owner has requested said Carlsbad ‘Tract 80-46. be granted by City, in advance of the time said improvements are to be l~lddc2, b nd ’ WtIEREAS, Propcr-ty Owner, in consideration of the approva 1 of (0 *. . s 911 - sii i d Carlsbad Tract 80-46 desires to enter i nto 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 het-e,to as fol lows: Section 1. WA Sect ion 2. - That Property Owner, in lieu of making the herein- after described improvements before approval of said Carlsbad Tract 80-46 is granted, agrees to install and construct, or cause to be instal led or cons t rutted, sa id improvements in accordance with plans and specifi- cations 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 one year (1) or within such further period of tzime 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 st’reet upon which the property herein described has frontage, have agreed with City to install street impt-ove- 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 petitioned the City t-o 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 at: the time of signing this contract is $6,703.00. . Propcrl:y Owner hereby acknowledges that said cost is a reasonable esl:imate of engineerinq 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. -a---..- - Thai: for t.he fait:hful performance of the promises (2) ij rli; covcrlarlts herein coitta i ned, Pt-opet-ty Owner hereby grants to City a lien upon the hereinafter described property in the amount of $6,703.00 , plus any future increases of cost in excess of this sum resulting from increased engineering and construction costs, and in the event Property Ow ne I- , 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 al 1 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 shal 1 be .chargcd against 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, City may foreclose said lien 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 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 shal 1 ” 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 transferees, and the lien hereby created shall be and is hereby subordinated to and declat-ed 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 shal.1 likewise be of no force or effect against any owner whose title to the property hcre- i na-ft-er described is acquired by or- as a result of a foreclosure or (3) trustees’ sale of any such purchase money mortgage or purchase money deed of trust. Se0 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 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, 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 happening or occurring to the work or improvements specified in this agreement prior to the completion and acceptance of the same, not- shall said City, nor any officer or employee thereof, be 1 iable for any persons or p:-operty 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, 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 empl.oyees 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 public property. The Property Owner hereby agrees to pay for such inspect ion of improvements as 111ay be requi red by the City Engineer of Ci ty. Section 8 --m--e-.---z This agreement and the covenants contained herein sha 1 1 bc b i nd i nq upon and inure to the benefit of the successors, hci t-s, ( 4 1 l . 914 assigns, and transferees of Property Owner, shall run with said real property, and create an equitable servitude upon said real property. Because each of the residential lots created by the final map for Carlsbad Tract 80-46/PUD-27 will benefit equally from said improve- ments, the cost for said improvements shall be levied against each residential lot in equal shares. Section 9. A description of the property referred to herein and upon which said lien is imposed is described as follows: . - . - ” . ?fHE &AND R&F2f4RED TO HEREl[N IS SITUATED IN THE STATE OF . .- :’ .- c;ALIFCRN]EA+ CCJUNTY OF SAN DIECOw AND IS DESCRIBED ?S FOLLOWS= ” . ,’ : . ‘. THAT PORTXC,Y OF TRACT 12X OF CARLSEAD LANDS v IN THE CIT.Y OF CARLSBAD+. I’ &auNTY OF SAN DIEGU v STATE OF CALIFORNIA, ACCORDING TC HAP THEREOF NO- L6b1, FILED IF1 TifE OFFICE OF CCIUN~Y RECORDER ‘OF SAN CIEGCI CClUNTYp ; ..- HARCH lr 19251. DESCRIBED AS FCltLCMSr ..- . . ., . . . ..‘ _. : .’ ? ; . . : c COll?dEbC’INC AT THE th SOUTHERLY CORNER OF SAX.0 TRACT 1ZL; iHENCE NO& - 3C- 33. WEST ALONG THE SOUTHWESTERLY LINE OF SAID TRACT I.21, A DISTANCE OF ZGO-OC FEET TO THE HOST’ WESTERLY CQRNER CIF THAT LAND CIINVEYED TO CHARLES Al ANTHONY AND WIFE 9 BY. UEED RfCClRGEll AUGUST 19, 19++. IN <. THE OFFICE OF COUNTY RECOROER OF SAH DIEGU COUNTY. IN Emx 17~8~ PAGE 485 OF OFFICIAL RECORD? v SAID POINT- BEING THE TRUE POINT OF _. BEGINNING DF THE PROPERTY HEREIN DESCRIBED; THENCE ALOhG THE NORTklbZSTERLY LINE OF SAID ANTHONY LAND* NORTH 5S’Z7* EAST TU A LINE TGiAT 15 PARALLEL UXTH AND 324.83 FEET NORTHEASTERLY FRO?? THE SCIUTHWESTERLY $,I& OF SAID TRACT 121; THENCE NORTH 34-33-00” )JEST ALDIG SAID PARALLEL LINE, Z?LmlF FEET TO THE NORTHWEST’ERLY LINE OF THE LAND CUNVEYEU TG AUGUSTA c- fWSHt’ BY DEED RECUZDED FEBRUARY t9, i934t IN THE OFFICE OF COUNTY RjXURCER OF SAN DIECD COUNTY+ IN B30K 271~ PAGE 213 CiF CFFICIAL RECORDS; THENCE ALONG SAID NORTHWESTERLY LINE, SOUTh 55-t?* ‘WEST TO SAID .. ; !XklTHkESTERLY LINE OF SAID TRACT 121; ‘vHE.VCE ALONG SAIU SOUTHWESTERLY. LINE, SDUTM 3+*33* EAST, 27x1L9 FEET TO THE TRUE POTNT OF BEGINNING, EXCEPTING TtrEREFROM -WE SOUTHEASTERLY -88r50 FEET, . . . )‘. . . - (-5) f ’ ,, .* . 915 - Section 10. ~hc required improvements to be constructed and . I_.-- -_- the estimated costs thereof are as follows: .b Improvemcn%s \ -II ..--..-._- Estimated Costs $ See Cost Estimate attached hereto.as Exhibi’t A, CITY OF CARLSBAD, a Municipal Corpdration of the State of . California By2?%&40 -. ST.&TL' OF CALIE'ORNIA ) ) ss. COUNTY 'OF SAN DIEGO ) FRANK D. ALESHIRE, City Manager -. _ . On TA 23 /TV4 before me the undersigned, a Notary Public in and for sai& State , pe&onally appeared Frank'I). 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 peLson 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. APPROVED AS TO F mnt P. Biondo, Jr, City Attorney (Notarial acknowlcdgcmcnt of execution of owners must be attac1lc:d) . -6- . * _ 1 . * , . 916 Item No. 1 2 3 ENGINEER'S ESTIMATE FOR CONSTRUCTION OF FUTURE STREET IMPROVEMENTS ALONG PORTION OF HIGHLAND DRIVE FRONTING PUD-27 Description Quantity Units Unit Cost cost Asphalt Concrete 3 Tons $ 35.00 $' 105.00 Liquid Asphalt .02 Tons 500.00 10.00 Class 2 Aggregate 14 C.Y. 15.00 210.00 Base Curb and Gutter 183 L.F. 8.60 1,574.oo Concrete Sidewalk 900 S.F. 1.50 1,350.oo Tree Planting 5 Each 150.00 750.00 Street Lighting 183 L.F. 10.00 1,830.OO Subtotal $5,829.00 15% Staking & Contingency 874.00 TOTAL $6,703.00 Exlw brt ‘A ’ -. On this yn day of , in the year of /y&b , before me , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that Gxecuted it. 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