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HomeMy WebLinkAboutMS 393; Caldwell, Richard & Joan; 80-180954; Future Improvement Agreement/Release;I :;;O;jt, 1(4;1; REQUESTED B'I QND ) ,..;:.;E~la,. RECCiRDED MA I L TO: )I772 1 ’ C?t>,y of Carlsbzd 1 2:,j 0 E i iii AV er:l! Cf LZ r i r;a-7J ~ cc, 3?_008 I Spade above this 1 i n$A OFFIClAL~~~OR~~ ,,_ Y?qqggtm*-- E use RECCROER NC) fnr Documentary transfer tax: $No fee -- Signature cf declarantdetermining tax- firm name City of Carlsbad . Parcel No. ‘207-090-08 I CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and RICHARD H. CALDWELL and JOAN M. CALDWELL, husband and wife as joint tenants he.t-eimfter referred to as "Fr-perty Owner11 RECITALS: --- . WHEREAS, Property Owner has applied to City for a . Minor Subdivision for the real property hereinafter described, now under Property Owner’s 1. ownersh;p; and WHEREAS., it has been found that said property is not suitable for development in its present 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 WHEREAS, the Municipal Code of City and Section 20.28.060 . - attached hereto and incorporated by reference herein require certain _ improvements and dedications as a condition of approval of this Minor S,ubdivision No. 393 ; and WHEREAS, Property Owner has requested said Minor Subdivision be granted by City in advance of the time said improvements are to be made; and . l QHEREAS, Property Owner, in consideration of the approval of .(I) ,, : r . ..__ . . ,-.. * -. --...:-Cs-..T.. - I~*^C1~~---“*-“~I.- . . . ll..ll.-“-l”- ..-...s. .....e”,,..,_l_ ~I-*. _.-. _ -...b ..,. ,-.-, . . I -,,r _ .< ga i d' Minor' Subdivision K -393 desires to enter in. this agreement securing the construction of sa.id improvements, and City has determined it to be in the pubtic interest to agree to temporarily postpone said . construction; NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: Sect ion’ 1. That City agrees to record any irrevocable offers of dedication made by Proper,ty Owner for Minor Subdivision No. 393. . Sect ion2. That’ Property Owner, in lieu of making the herein- after described improvements before approval of said Minor Subdivision is granted, agrees to instal’l and construct, or cause to be installed ’ or constructed, said improvements in accordance with plans and specif i- , 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 August 15, 1980 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, 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 shall be made without cost or expense to City. Ci’ty estimates that. the cost of engineering and construction of I ‘_ said improvements at the time of signing this contract is $23,350.00. . I 1 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. I Section 3. That for the faithful performance of the promises . i I !. .s.. (2) . f .._.-.% <.,..,.. ..,,,., -M-t.-.-. ..‘-.--.rr~~~ .-,.,IIw.v,.-. ~~-.“_C--I--..ae..-^.-r---U-.LILI-C w-m- --I ---..- - c-7 _.._.. I’” ------cIel- ! I ,.. , *, .” ,1 ., I - iiTS --’ ‘: _ ’ .’ * .% ,.* ‘r: and ‘covenants herein contained, Property Owner hereby grants to City a lien upon the hercinaft-er described property in the amount of $23,35O.OQ, plus any future increases of cost in excess of this sum resulting from _’ inc.reased engineering and c.onstruction 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 ag,rees 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- wi se. City or its contractor and h’is employees may enter upon any : / portion or portions of the p’roperty 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, hei rs, assigns; or transferees immediately upon complet.ion 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 sa!.;d improve- ment s , 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 promise’s 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 t 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- inaftdr.described is acquired by or as a result of a foreclosure or : : * (3) --.-+-‘.... ._.. .- fi, --,--- --L.m.-.,--.w7”--. -cc .a-- l_l-e,-.. -. ‘. .’ ’ -.kr’ ,. _+, i,...*j. . . . . ~ . . , ..~ ‘,, ~ ,.e,.,..,.. i . ..,. 1 L c-3 . c .I 7 *! 7 -- . trustkec,’ sale of any such purchase money mortgage or purchase money deed of trust. Section 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 sat isfactory 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 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 a.greement prior to the completion and acceptance of the same, nor shall said City, nor any of.ficer or employee thereof, 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 &net-, 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 li.abilities 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 arisi.ng 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 pub1 ic of any dangerous or defective conditions 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 shall be bindinq upon and inure to the benefit of the successors, heirs, w (4) . I * ’ ‘I I ‘1 t .,, “:’ t ..,‘.,,C. “C-m-“. .. .’ ~....-clD”-., _*... .ourrmn;*~.ur Iv,-“y.mav..s.--....-,..e--.. -C.-I*I-.-.,C--1.-... ~_ -----‘..-, ev. _-,._ - ,.,... - --_.._ .-- ,- I. 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: 'i?lat portion of Lot "I" of the Ranch0 Agua Redionda, in the City of Carlabad; County Of S3tl Diego, State of California, according to Flap th.?reof Woe filed in the office of the County Recorder of San Diego county, 823, 1396, described as follows: Nover&er 16, Com17lencing at the intersection of the Westerly line of Lot "I" of the Ranch0 Agua Hedionda and the center line of Monroe Street as shown on the Ma) of the ?%uq Lands :io. 1681, filed in Dece;nber 9, 1915; the County recorder's Office line of Lot "I" thence Xorth 26°11'OO" East, along the said k1esteri.y 807.48 feet; thence South 89°42'10" East, 541.71 feet to the >iortheasGerly corner of land conveyed to John D. Poindexter and wife, by deed recorded ia Book .2279, page 95 of Official Records; thence South 19O2L6'15" East, alor,g the Easterly line of said Poindexter land, 331.44 feet; thence Horth 77O54'32" East, 178.04 feet to the TRUE POIFIT OF BEGIEIBING; thence North 53°19'20" East, 246.30 feet; thence South 8gO43'17" East, 343.37 feet to an intersection with the Westerly line of San Diego County Road Survey No. 682; thence Southertix along the arc of a curve on said Westerly line having a radius of 1040.00 feet, through a central angle of 05~10~06" a distance of 93.81 feet; thence continuing along the said Westerly line South 25O22'lO" East, 187.35 feet to the Southeasterly comer of the land conveyed to Ii. in Book l-221, page 14 of Official Records; W. Poindexter by deed recorded thence North 89°42'10" West along the Southerly line of said R. 'cl. Poindexter land, 460.58 feet to an angle point therein; thence continuing along the said Southerly line South 58"14'25" West, 402.94 feet; thence North 29'21'10" !Jest, 15.02 feet; thence lrorth 58°14r25tf East, 292.31 feet to an intersection with a line which bears South 31Ob5'35" East from the true point of beginning; thence Horth 31345'35" West, 180.00 feet to the TRUE POINT OF BEGINNING. ‘. Y . . -.. j. . . . . ? . : . . a--. ,,- -. . - _. -___-_ _. ____I_c___....-_ _--__--“.--.-----------I-----CT~.-T3-- ..-- -----..-_-- .---. ._. I ~ :,i j - . ,‘; . ‘1219 , - Section 10. -,--- The required improvements to be constructed and the estimated costs thereof are as follows: ImEvements Curb & Gutter Structural Section . Sidewalk Remove Existing Dike * . Grading 24""RCP Storm Sewer Storm Sewer Manhole 8" VCP Sewer Pipe Seyer Manhole Site Preparation Concrete Ditch Removal Engineering & Contingencies Estimated Costs -,.i . 241 LF 1820 SF 1135 SF 167 LF 920 CY 215 LF 1 each 282 LF 1 each LS 15%' $ 1,687.OO 1,456.OO 1,248.OO 334.00 2,208.OO 7,224.OO 1,ooo.oo 3,243.OO 1,ooo.oo 425.00 * 480.00 3,045.oo TOTAL COST Dated STATE OF CALIFOPNIA COUNTY OF SAN GC CITY .OF CAFUSBAD, a Municipal Corporation of the State of 1 - FRANK D. AL&HIRE,C~~~ Manager 20, / yyc?J before me the undersigned, a ' ~ Notary Pub r said State, peisonally appeared Frank'D. Ales&e , known to me ity 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. . Morarv Public . tdit '(Notarial acknowledgement of execution of owners must be attached). STATE OF CALIFORNIA, F SS. 179’0 COUNTY OF -g&A .&W.d ON , 1Qz in and for said State, personally appeared , known to me, to be the personf whose namei subscribed to the within Instrument, and acknowledged to me that 2heJL executed the same. WITNESS my hand and official seal. Notary Public in and for said State. . . c . 1 * * ‘. I c, ‘.- L .28.050--20.28.060 Pursuant to Sectio ions of this the parcel map or ity engineer may e .-a ._ 'n such terms as in interest, and Section 66477.2 of the'o lnue until such dedica- tion is accepted or andoned or otherwise terminated. er of dedication shall be free of an e which would interfere with th cation or offer The subdivi such offers on behalf of the city. 20.28.060 Required improvements. (a) As a condition precedent to the approval of a parcel map for a minor sub- division, the subdivider shall construct all off-site and on- site improvements in accordance with the requirements appli- . cable to major subdivisions as set forth in Section 20.+16.040 of this title for the parcels being created; provided,'; however, that requirements for the construction of such off-site and on- site improvements shall be noticed by certificate on the parcel ' map, in the instrument evidencing the waiver of such parcel map, or by separate instrument and shall be recorded on, concurrently with, or prior to the parcel map or instrument of waiver of a parcel map being filed for record. (b) Fulfillment of such construction requirements shall not be required until at or after such time as a building or grading permit is issued by the city or at such time as may be provided by an agreement between the subdivider and the city pursuant to Section 20.28.070, except that in the absence of such agreement the city engineer may require fulfillment of some or all of such construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a building or grading permit for the development of a parcel upon a finding that fulfillment of such construction requirements is necessary for reasons of public health and safety or that the construction is a neces- sary prerequisite to the orderly development of the surrounding area. (Ord. 9521 Slgtpart), 1979: Ord. 9417 Satpart), 1975). 344-10 (Carlsbad 7/15/79)