HomeMy WebLinkAboutMS 278; McNabb, David and Eleonore; 76-151793; Future Improvement Agreement/ReleaseB
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City of Carlsbad
Parcel No. 206-140-33
CONTR.ACT FOR FUTURE PUBLIC IMPROVEMENTS --
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and David E. Mc?Jabb,II
and Eleonore McNabb, husband & wife , hereinafter referred to as “?roper-
t y Owner” .
RECITALS: . ----
WHEREAS, Property Owner has applied to City for a parcel map
approval, 'Minor Subdivision No. 273, Adams Street and Cape Aire Lane'
for the reai property ilereirlitf-ter descriled, now urGe:,- PI oper iy Owller!s
ownership; and
WHEREAS’, it has been found that said property is not suitable
for development in its present condition, however said property would be
suit-able for development if certain pub1 ic improvements kereinafter
described are constructed and certain irrevocable offers of dedicati,on
are made to City; and
WHEREAS, the Municipal Code o f CitY and City Engineers tenta-
tive map approval letter dated March 11; 1976
‘attached hereto and incorporated by reference herein require certain
improvements and dedications as a condition of approval of this
m.i.nor subdivision , a ,:j . .
WHEREAS, Property Owner has requested said minor subdivision
approval'
be granted by C i ty in advance of the t ime said improvements are to be
made; and
l ~~HEREAS, Property Owner, in consideration of the approval of
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said minorsubdivision desires to enter into this agreement
securing the construct-ion of said improvements, and City has determined
it to be in the pub!ic interest to agree to temporarily postpone said
const ruct ion;
NOW, THEREFORE, IT IS AGREED between the parties heretb as
follows:
Section 1. That City agrees to record any irrevocable offers
of ded icat ion made by Property Owner for minor subdivision approval
(Minor Subdivision No. 273 - Adams Street and Cape.Aire Lane)..
S&t ion .2. That Property Owner, in lieu of making the herein-
after described improvements before approval. of said minor subdivision
is granted, agrees to install and construct, or cause to be instal led
or constructed, said 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 requi red to make
said improvements before May 1, 1977 0.r 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 b.een 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
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 petitioned the City to form an
improvement district for the improvement of said streets.
Said improvements shal 1 be made without cost or expense to
City. dity estimates that the cost of engineering and construction of
said improvements at the time of signing this contract is$9,700.00 .
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 tke future may exceed this estimate.
Section 3. That for the faithful performance of the promises
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and covenants herein contained, Property Owner hereby grants to City a
lien upon the hereinafter described property in the amount of $9,700.00,
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 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 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 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 li.en 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
spec’ifically refe’rred 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 transferees, and the lien hereby created
shal: 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
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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 t’ransferees 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 hereinimposed.
Sect ion 6. Said City shall not, nor shall any officer or
employee thereof, be liable or responsible for any acc.ident, 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 1 iable for
any persons or propert.y injured by reason of said work or i.mprovements,
but all of.said ljabi’lities shall .be assumed by said Property Owner, and
his successors, heirs, assigns, and transferees, and they shall save the
C i ty 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 sa’id work or improvements. Said Pr’o-
perty Owner, and his’successors, heirs, assigns, and transferees, further
agrees to protect said City and’the off.icers 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 wi 11
at all times up to the completion and acceptance of ‘said work and im-
provements by the City, give good arid adequate warning to the traveling
public of any dangerous or defective condi‘tions of pub1 ic 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
shal.1 be binding upon and inure to the benefit of the successors, heirs, (4)
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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 lien is imposed, is described as follows:
DESCRIPTION
Lot 9 and that portion of Lot 10 inBlock "C" of the Resub- division of Portions of Tract 238 and 243 of THUM LANDS, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2103, filed'in the Office of the County Recorder of San Diego County, described as follows:
Beginning at 'a point on the center line of Adams Street, dis- tant thereon south.28040'05" east (record south 28o39“OO" east) 20.00 feet from its intersection with the center line of Harrison Street; thence north 61019'55". east (record north 61o21'00" east) a distance of 30.00 feet to the intersection of the northeasterly line of said Lot 10 with the easterly line of said Adams Street; thence along the said northeasterly line of Lot 10, south 73O17'30" east a distance of 232.48 feet to the most easterly corner thereof; thence along the southeaster- ly line of said Lot 10, south 26O11'55" west a distance of 105.00 feet: thence north 78O39'55" west a distance of 3.99 feet to the beginning of a tangent curve concave toward the east and having a radius of 291.94 feet; thence along the arc of said curve, through a central angle of 49058'00" a distance of 254.60 feet to the Point of Beginning.
.EXCEPTING from said Lots, that portion described as follows:
Beginning at the most easterly corner of said Lot 10; thence along the southeasterly line of said Lot 10, south 26011'55: west 105.00 feet; thence north 78039'55" west 3.99 feet to a tangent 291.94 foot radius curve concave easterly; thence westerly and northwesterly along said curve.llO.OO.feet; thence northeasterly in a straight line to a point in the northeasterly line of said Lot 9 distant thereon 110.00 feet northwesterly from the most easterly corner of said Lot 9; thence southeasterly along said northeasterly line 110.00 feet to said most easterly corner; thence southwesterly along the southeasterly line of said Lot 9 a distance of 212.85 feet to the Point of Beginning.
X x X X X x X X X X X X X X X X X x X x X X X
X X X (5)
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. Sect ion 10. The required improvements to be constructed and
the estimated costs thereof are as follows:
Improvements
1. kc; ;.pavirq, bas & subgrade
2. Curb & gutter
Estimated Costs
$2,226.00 .
651;OO
3. 5' sidewalk 698.00
4. U/G Utilities inch. st. light 4,185.OO Subtotal $7,760.00 Engineering 10% 776.00 Contingencies 15% 1 1,164.OO
&g&&J., /tj7j& TOTAL COST $9,700.00
Dated: I Transferee of sou I rly 8 feet of said property consents to promises herein contained on Estimated costs for foot portion & X ft'
that 8-feet. <, - southerly 8 $9700 = 8417.00 Property Owner
WE COtiSENT to and ioin in all the 1
promises herein contained, and agree
/ to said lien impased..
portion of said property
,
‘a Municipal Corpora-
STATE OF CAL I FORNIA ) . ) ss. COUNTY OF SAN D I EGO ) - :
On Y 97th before me the unders igned, a
Notary Public iti angfor Said Sta.te, p&rsonally appeared Paul D. Bus sey ,
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 officiaJ s-1.
QFFICIALpSEAU’- f?
NORA K. GAROtNER P
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NOTdPI ~,,,a. I+. -1. .- ‘“la I r”OLI‘ - LALIC - ,F,&%.. A.._.--
APPROVED AS TO FORMfi CFFKIAL VA1 R
City Attorney
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(Notarial acknowledgement of execution of owners.must’be attached).
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TO 447 CA t4-7a1
(Individual)
On before me, the undersigned, a Notary Public in and
State, personally appeared /T/?l/ / /f e m&A/A& s AA/D /? L& 0 &‘08 2=
r s to be the person s- whose name 4 #&& subscribed
b to the within instrument and acknowledged that 1 executed the same.,
/4/d &LoAJ~
Name (Typed or Print&
TO 447 CA (4.73)
(Individual)
q known to me
rr~eezee.H-~eee \
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OFFICIAL SEAL
-I LORELLEE ANN COLONY
NOTARY PUBUC-CAM \
I P’RINCIPAL OFFICE IN SAN MEG0 COUNPI:
MY COMM I WON EXPIRES 1 u14/79 4 #-#*-cz.6-ze-eee-e-
(lhh - for adal Hhrial lul)
AncoR COMPINY
before me, the under
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Notary Public in and for said
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I: a 5 to be the person 5 _ __ whose name S subscribed ii
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IO the within instrument and acknowledged executed the same.
hand and official seal.
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IO the within instrument and acknowledged that executed the same.
hand and official seal.
1. @/Pm?rQ z-. +=&>)a-~ Name (Typed or Printed)
, known to me
mlh ar*. for 0(lcial natuhl WJ, I
.
March 11, 1976
George A. Conkwright
P.O. Box 388
De1 Mar, CA 92014
subject: Proposed Parcel Map for Minor Subdivision No. 278 - Adam5 Street and Cape Aire Lane.
Dear Sir:
Whereas the requirements of the California Environmental Quality Act and the City of Carl&ad Environmental Protection Ordinance of 1973 relating to the subject proposed parcel map, have been examined by the Planning Director and declared to have a non- significant impact upon the environment, and whereas negative findings delineated by Section 20.24.130 of the Carlsbad Muni- cipal Code have not been made, and whereas this minor subdivision is found to be in conformi'iy with the General Plan of the City of Carlsbad, therefore a final decision has been made to approve the subject tentative parcel map subject to the following conditions:
1. All required fees and deposits shall be paid prior to final map recordation. 2. Applicant shall enter into an agreement with the City of Carlsbad for the installation of full 31 street improvements on the Adams Street frontage of the property (applicants engineer shall submit an estimate of the improvement cost - City Engineer- ing Department will prepare the future agreement for signature.) 3. Owner shall dedicate to the City of Carlsbad property as re- quired for a 20' property line radius round corner at the south- east corner of the intersection of Adam5 Street and Cape Aire Lane. 4. Existing structure on the property line between proposed par- cels 1 and 3 shall be removed prior to final map recordation. 5. Sewer service is not available to parcels 3 and 4 except through a private easement (8' minimtxn width) across parcels 2 and 3 to Adams Street. City Council approval is required to sewer through a private easement and must be obtained prior to final map recordation. 6. Access from Cape Aire Lane to the property is not avaih.ble until the City accepts, by Councfl action, a previously rejected 1' barrier lot adjacent to, and parallel with, Cape Aire Lane. This Council acceptance is required prior to final map rocorda- tion. 7. All utilities installed as a part of any proposed construc- tion shall be completely underground.
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George A. Conkwright Mafch 11, 1976 Page 2
8. Tentative map approval shall expire one (1) year from the date of the final decision of approval, If the final map has not been recorded.
I recommend that the applicant secure a coastal commission permit before proceeding with the subdivision.
Very truly yours,
‘ORIGINAt SIGNED BY TlMOTHY C. IUNAGAN Tim Flanagan City Engineer
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