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HomeMy WebLinkAboutFIA 91-19; Paterson, Ned Alan and Laura Faelynn; 1991-0585482; Future Improvement Agreement/Releasef . ‘ RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 for Recor- CITY OF CARLSBAD Permit No. Pirtrcel No. 205-052-30 is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as (ICityl', and Ned Alan Paterson and Laura Faelynn Paterson, hereinafter referred to as . . . * "". " i WID&&W@, Pkopez%yUwner has appliedto City for a Building Permit No. W-1322 for the real property hereinafter described, now under Property Gwner's ownership; and' WHEXEAS, it has been found that said property is not suitable for development in its pres@nt 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 m-1 the Municipal Code of City requires certain improvements and dedications as a condition of approval of this Building Permit: and -, Property Owner has requested that approval of said building permit be granted by City in advance of the time said improvements are to be made; and 1 Rev. g/20/90 . m 1 I 0 ‘4 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; NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: Section 1. 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 w&thin sixty (60) days after written demand sc to do by City. Property Owner shall not be required to make said improvements before November I, 1993, 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, inclti&n.4 the frontage of Property Owner, between intersecting 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 intersecting 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 2 Rev. g/20/90 /4 said streets. 11.1 - Said improvements shall be made without cost or expense to City. City estimates that the cost of engineering and construction of said improvement at the time of signing this contract is twenty-four thousand three hundred eighty and OO/lOO DOLLAFG ($24,380). Property owner hereby acknowledges that said cost is a reasonable estimate of engineering and construction costs at this time and %hat the actual cost of same at some time in the future may exceed this estimate. Section 2, That for the fal,thful performance of the promises and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $24,380 pZua any future increases of cost in excess of? this sum resulting from increased engineering and construction costs, and in the event Property Owner, Property Owner's successors, heirs, assigns, or transferees fail to install and construct said improvements in the manner and within the time specified herein, Property Owner agrees that City may do any or all of the follow- ing: (a) Have the necessary engineering for said improve- ments done, and install and constrwt said improvements by contract or otherwise. City or its contractor and contractor's 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 said Property Owner, Property Owner's successors, heirs, assigns ortransferrees immediately upon completion of said improvements. In the event same is not paid within thirty (30) days from completion, City may foreclose said lien as provided by 3 Rev. g/20/90 /4 - law for the foreclosure of mortga a2 . (b) Direct the City Engineer to estimate the cost of necessary engineering, and the work required to install and construct said improvements, 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, Property Owner's successors, heirs, assigns and transferrees, shall be liable for reasonable attorney's fees as a cost in said proceedings. Section 3. That it is agreed that anything herein contained to the oontrary notwithstanding, the promises and covenants made herein shall nut 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, Property Owner's 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 hereinafter &%itcrhih 2s acquired by or as a result of a foreclosure or trustees' sale of any such purchase money mortgage or purchase money deed of trust. Section 4. That at any time during the period herein provided, the Property Owner, Property Owner's 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 Rev. g/20/90 e 113 - estimated cosL of engineering and improvemtints 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 property to be released from the lien herein imposed. Section 5. 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 officer or employee thereof, be liable for any persons or property injured'by reason of said work or improvements, but all of said liabilities shall be assumed by said Property Owner and Property Owner's successors, heirs, assigns or transferees, and they shall save the City harmless frcm, and indemnify the City against, any and all claims, suits and liabilities of or to any person or property injured or claiming to be injured as a result of said work or improvements. Said Property Owner, and Property Owner's successors, heirs, assigns or 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 improvement. Section 6. It is further agreed that said Property Owner will at all times up to the completion and acceptance of said work and improvements 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 5 Rev. g/20/90 . /4 114 -. inspection oi improvements as may be regulred by the City Engineer of City. Section 7. This agreement and the covenants contained herein shall be binding upon and inure to the benefit of the successors, heirs, assigns and transferees of Property Owner, shall run with said real property, and create an equitable servitude upon said real property. Section 8. A description of the property referred to herein and upon which said lien is imposed is described as follows: THOSE PORTIONS OF LUTS 13 AND 14 OF PATTERSON'S ADDITION IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGC, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 565 THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON SEPTEMBER 22, 1888, MORE PARTICULARLY DESCRIBED AS FOLLOWSt BEGINNING AT THE SCUTHWEST CORNER OF LOT 12 OF SAID PATTERSON'S ADDITION AS SHOWN ON SAID MAP NO. 565; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOTS 12 AND 13, NORTH 55'26'55" EAST (NORTH 55"27' EASTDEED) 483.32 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE, NORTH 55.26'55" EAST (NORTH 55'27' EAST DEED) 100 FEET: THENCE PARALLEL WITH THE NORTHEASTERLY LINE OF SAID LOT 14, SOUTH 34'31'49" EAST (SOUTH 34"31'30" EAST DEED) 150.00 FEET TO THE NORTHEAST CORNER OF PARCEL 2 AS SHOWN UN PARCEL MAP NO. 9389, FILED IN THE OFFICE OF SAID RECORDER ON NOVEMBER 15, 1979 AS FILE NO. 79-483582 OF OFFICIAL RECORDS: THENCE ALONG THE NCRTHWESTERLY LINE OF SAID PARCEL 2, SOUTH 55"30'22" WEST (SOUTH 55"27' WEST DEED) 53.29 FEET; THENCE SOUTH 69'28'29" WEST 48.05 FEET; THENCE NORTH 34'34'06" WEST (NORTH 34'31"30" WEST DEED) 138.30 FEET TO THE TRUE POINT OF BEGJNNING, TOGETHER WITH THAT PORTION OF THE SOUTHEASTERLY 10.00 FEET OF PINE AVENUE, ADJOINING THE ABOVE DESCRIBED LAND VACATED PER DOCUMENT RECORDED JUNE 16, 1959 IN BOOK 7719, PAGE 58 OF OFFICIAL RECORDS. Rev. g/20/90 . rc 115 - Section 9. The required improvements to be constructed and the estimated costs thereof are as follows: IMPROVEMENTS ESTIMATED COSTS Engineering - Lump Sum Curb and Gutter - 100 L.F. Sidewalk-500 S.F. 3" A.C. Paving/611 AB - 2000 S.F. Underground Utilities - 100 L.F. +15% Contingency 2,ooo.oo 1,500.00 1,500.00 6,200.OO 10,000.00 21,200.00 3,180.OO 24,380.OO Executed by Property Owner this , 19W. x* day of ~LH~&@w PROPERTY OWNER CITY OF CARLSBAD a municipal corporation of tiEb %-+w vttJa& the State of California Ilzy, mEbLfF3ti CIA-mG~hl (Name of Property Owner) By: Ned Alan Paterson _ (print name here) (title and organizati ATTEST: By: Laura Eaelvrm Paterson (print name here) City Clerk (title and organization of s&$natory) (Proper notarial must be attached) "' ement of execution by PROPERTY OWNER (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: VINCENT F. BIONDO, JR. ci;&aQ* Tbd, Deputy City Attorney dY/'i/ 7 Rev. g/20/90 FOR ATTACHMENT TO CONTRACT FOR PUBLIC IMPROVEMEETS DATED 10/25/91 (Individual) STATE OF CALIFORNIA \ ss. 1.16 COUN'FYb On % 2ssv Otto er Mary B. Shannon Ned Alan?i!tt~soa and Laura Faelynn Paterson - a Notary Public in and for eaid State, personally appeared . h proved to me on the basis of satisfactory evidence) to be the penon”? whore narn~~ddbed to the --__ * within instrument and acknowledged that they executcd the same. WITNESS my hand and oJficia1 seal. Sip3 ture &W&h Ma B. Shannon Form 3213(CA 12-82)