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HomeMy WebLinkAboutMS 275; Aguilar, Peter; 76-004444; Future Improvement Agreement/ReleaseI ’ ’ 2C;riF:i.j r NG REQUESTED BY ‘i,.,H~.k RECORDED MA IL TO: ) ‘4 City of Carlsbad 1200 Elm Avenue Carlsbad, CA gzoo8 Space above this line for Recorder’s use $No fee nt determi ni ng tax- City of Carlsbad Parcel No. 155-271-11 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and the Estate of Peter D. Aguilar, deF.eased, by Vera A. -. e ecutrix Soto, %erelnafter referred to as “Proper- ty Owner”. RECITALS: . WHEREAS, Property Owner has applied to City for a Minor Subdi- vision No. 275, loll-1027 Knowles Avenue for the real property hereinafter described, now under Property Cu,ner”s ownership; and !$HEREAS, it’ has been found that said property*is not suitable for development in its present condit’ion, 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 and the City Engineers tentative parcel split approval'letter dated December 23, 1975 -attached hereto and incorporated by reference herein require certain improvements and dedications as a condition of approval of this Minor Subdivision ; and WHEREAS, Property Owner has requested said Minor Subdivision approval. be granted by City in advance of the time said improvements are to be - i made; and ’ WHEREAS, Property Owner, in consideration of the approval cf .- ‘r;aid Minor Subdivision 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 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 Minor Subdivision No. 275. . Sect,ion 2. That Property Owner, in 1 ieu of making the herein- after described improvements before approval of said Minor Subdivision is granted, agrees to install and construct, or cause to be installed or constructed, said improvemenLz 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 requi red to make said improvements before January 1, 1977 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 find.s 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 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 pet it ioned 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 at the time of signing ti-;‘is contract Is $6,781.50 . 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. Cnrtiqq 3. 4CIC I ._I. That for the faithful performance of the promise5 (2) and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $6,781.50 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 fa i 1 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, an4 the entire cost and expense shal 1 be charged against said property and pa.yable 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 1 ien 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 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 transferees, and the ,l ien 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 (3) . . ’ , + 1524 . V’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 transfe’rees may deposit a cash bond or post a surety performance bond satisfactory to the City to charge said surety w.ith 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 an‘y port ion 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 improveme.nts 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 property injured by reason of said work or improvevents, but all of said liabilities shall be assumed by said Property Owner, and his successors, heirs, assigns, and trans’ferees, and the; 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 employees thereof from all liability or claim because of, or ar.ising 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 pub1 ic pr’operty. The Property Owner hereby agrees to pay for such inspection of improvements as may be required by the City Engineer of C’ity. Sect ion 8. This agreement and the covenants contained herein shall be binding upon and inure to the benefit of the successors, heirs, . (4) . : ’ 4. .’ : -. 3 525 assigns, and transferees of Property Owner, shall run w ith sa id 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 descr bed as fol lows: All those portions of Lots 13,14,15 and 16 in Block 7 of Sunnyslope Tract, in the City of Carlsbad, in the County of San Diego, State of California, according to map thereof No. 486, filed in the Office of the County Recorder of San Diego County together with the easterly half of the alley and the westerly half of Tuttle Street - vacated and closed to public use - adjoining said lots on the west and east which lies south of Knowles Avenue as Knowles Avenue is shown on map of the resubdivision of Blocks 3,6,11 and a portion of Blocks 2,7,10 and 13 of Sunnyslope Tract, according to map thereof No. 995, filed in the Office of the County Recorder of San Diego County described as a whole as fol- lows: Beginning at the intersection of the center line of the closed alley adjoining said lots on the west with the southerly line of said Knowles Avenue; thence along said center line south OO"01'20" east 155.00 feet; thence parallel with the south line of said Knowles Avenue north 89°54'40" east 137.00 feet; thence north OO"01'20" west 155.00 feet to said south line; thence along said south line south 89O54'40" west 137.00 feet more or less to the point of beginning. 1 xxx xxx xxx xxx xxx xxx xxx (5) :- # * . \ _. 1’ . , ,, * 3 - - 1526 , . 4 Section 10. The required improvements to be constructed and the estimated costs thereof are as follows: Improvements Estimated Costs 1. Engineering 10% $ 616.50 2. 4" PCC sidewalk 685.00 3. ’ 685 sq.ft @ $100.00 sq.ft. Deposit to insure undergrounding of utilities & installation of ornamental street lights 137 lin. ft @ $40.00 5,480.OO Dated: $ 61781.50 OFFICIAL SEAL 7. L. SAVER , 3 I.: cr.LIFBRNIb I .!:I< :ai,,:L UrrlCE IN S. ;i ~~8X.l COUNTY 1977 The Estate Deceased I STATE OF CALIFORNIA ) BY 1 i ty Manager ss. COUNTY OF SAN DIEGO ) On . 5. C9-h before me the undersigned, a Notary Public in and for said State, p:rsonally 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. WITNESS my hand and official seal. APPROVED AS TO FORM: City Attorney ---r--c-L-- OFFICIAL SEAL -! DIANE f’. HUBBARD tt!QTARY PUBLIC - CALIF PRlNCiPAL OFFICE IN \ \ MY COMMlSSlON SAi4 IllEGO ““)y?JrE 4, 1979 1 WW?ES --rf-r-.e-Z---4*--- (Notarial acknowledgement of execution of owners must. be attached). ~(6) . . - TO 4.7 CA (4.75) (Individual) 1527 TITLE INSURANCE AND TRUST STATE OF CALIFORNIA SS. ATICOR COMPANY 2 COUNTY OF 1 t On Irf&@f 75 before me, the undersigned, a Notary Public in and for said State, personally appeared ‘./@ ACT- AG u I’/c, r SO I& ii ii . Y 2 , known to me to be the person _ - whose name I- . Is: subscribed a to the within instrument and acknowledged that 3.. ‘i I. executed the same. WITNESS my hand and official seal. - ,; I Ci~n.,..~.% -LIS- T. L. SRUER, Name (Typed or Printed) (Thir wea for o(llcirl notarial asal) Decer?l.ber 23, 1975 1528 .fl!,EIPACE l$?=co4444 *' 'BaoKiT RECORC;E,D RtCiljEST W DISTR,iiCT: <&I 1‘ '10 39 R'M76 OFFi$l&L &l&c s AN ,D I E c;g lC,&J$4 P y; $5 &#. ;H~I~.~-W.~LQ # ff ~RE~,~@glj . . f’+JQ FEE ‘. X.13, Johr,ston 12537 r3rohavsn Zowa;r, CA SZO64 SUbjCXt: Proposec! Parcel Map for :Jinor SuMivisiS~n t33- 275 mow?,@3 ~ver-iue I Dear Sir-r A -,rali.:2inary decision has been ;natle pursuant 50 Section 20.24. 120 of y;1:.2 C;ylsb.~d s!tl,nicipal Code t to apQro'i7e tl:S tentative -2 parcel ctay of proposed xinor suYkivisi3rk 2.75 .suilSject to the following conditions: 3, C:mer shall canter ir,to an agreement with the City r'or the future in.staLlation of sidawalks, undergroundi:&' ?f utilities, and ornamental street lights alorq the Rxowlcs Avenue froRtage of the p.ro~erty. 4. Tentative map approval shall -xpire one (I) year fro91 the date 02 the final decision of approval if the parcel map has not been recor&ed. Very truly ymkr3, QRIGINAC S!GNED BY “jlUL’I’3T!-lY C. FLANAGAN T,Lm Flan.3.~J:xl Cfty Engi.r,eer CC: William 9. Billings Estate of Peter D. Aguilar EXHIBIT "A" . ' -