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HomeMy WebLinkAboutMS 509; Schlehuber, Clarence and Patricia; 81-201696; Future Improvement Agreement/ReleaseREC( .\lG.PEQUESTED BY AND ) , WHEN, RECOROEO mlL To: - .. ;639 City of Carlsbad City of Carlsbad i i 1200 Elm Avenue 1200 Elm Avenue Carlsbad, CA Carlsbad, CA gzoo8 gzoo8 i ) , I ’ ; S ace above this 1 i ne for 81-201696~ uge Ret F_ILE@AcE NO. : $No fee $No fee bigrlbture ot de -_ etermi ni ng tax- firm name OFFi aAL QC()RI>S City of Carlsbad sb &IE&J C/)J\jTf. ,; J ?,ELJ,: [. it’i.s Rcc;,,j jE3 - NO &arcel No. 207-310-07 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and CLARENCE AND PATRICIA J. SCHLEHUiER i kreinafter refeked to as "Property Ownervm RECITALS: WHEREAS, Property Owner has applied to City for a Minor Subdivision for the real 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 sa id property would be suitable for development if certain pub1 ic 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 Subdivision No. 509 ; 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 - WHEREAS, Property Owner, in consideration of the approval of i - __-._ _ . . . . -. . . ,. .--, . . - - _. ._ ___._ . . ._ ,-_.._ . $- --- 4 k;. - _ 640 _ saic, .&inor Subdivision i . 509 desires to enter iI 3 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 fol 1 ows : Section 1. That City agrees to record any irrevocable offers of dedication made by Proper*ty Owner for Minor Sa&ivision ~0. 509 Sect ion,.2. That Property Owner, in lieu of making the herein- after described improvements before approval of said Minor S&division is granted, agrees to instal’l and construct, or cause to be installed - or cons t rutted, said improvements in accordance with plans and specifi- I 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 January 1, 1982 or w.ithin 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: 2 (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 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 this contract is $7,170.00 * 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 a.t some time in the future may exceed this estimate. Section 3. That for the faithful performance of the promises (59 - _-. . __ . .._ _.*- ..I._ - ~---..y-- --.-.- ..--- I.._ -.--*..-*---..*-.-. .- - .~_- - .._.-_ __ ._. _ __., ..-. _--- _... .^_.... . - ..-- -..-. - -, 641 - and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $7,170.00 , 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 fai 1 to install and construct said improvements in the manner and within the time speci- f ied 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 h‘is 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 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 sai,.d 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, shal? 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 m not be binding upon the holders, mortgagees, or beneficiaries of any purchase. money mortgage orpurchasemoney deed of trust for vaTue 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 subsequent in lien to the lien of any such purchase money mortgage or purchase money deed of trust. The lien hereby created sha?? 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) ..--__lr -._____ . .-- -_-.._-.. -.- -_...-_.. --..--“---.----.I-_.._.~.._.I. ._.__ . . . ._. ..__._ _,_.- - -..-.--. .._.” ..-. - -.._ --_ _.- - _. ..- -..._ ‘64 2 . t rbs~tees ’ sale of any 5 h purchase money mortgagt jr 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 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 the City Engineer, and that upon deposit of said cash or posting of said bond the City agrees to release the property, or any 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. Section 6. Said City shall not, nor shall any officer or employee thereof, be 1 iable 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 of.f icer or employee thereof, be I 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 tiner, 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. Sect ion 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, (4) ., _--.- . . ..- ..-. -...*.-..-1. __ . . . .- -. -_ - __ . _ . . - .- If . . . ,r,, _ _ _ -8 ..- . . . . 643 - assigns, and transferees of Property Owner, shall run with said real ProwrW 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’fotlows: Beginning at a point in the westerly line of Sunnyhill Drive, 238.98 feet from the southerly terminus Ahereof as shown on Carlsbad Highlands Map 2647; thence S 72 281 50” E 228.50 feet, thence fJ 17 31’ 10” W 172.70’; thence N 75' 40’ 10” E 228.50 feet to a point in the westerly line of Sunnyhill Drive; thence southeasterly 112.98 .feet along said line to the point of begin- ning. L l * (5) ,, I’ -9 644 _ . ( . ..*’ . * Section 10, Th required improvements to A? constructed and . the estimated costs thereof are as follows: i Improvements -. CURB s 1 ~EWALK . - Estimated Costs $ 900.00 980.06 AC PAVEMENT 1,695.oo BASE COURSE SITE PkEP 2,200.oo 575.00 ENdlNEERlNG AND CONTINGENCIES 850.00 _ TOTAL COST I $ 7,17-0;00 _ Dated: , . . . . I CITY OF CARLSBAD, a &xaicipal * . Corporation of thti State of . California BY STATE OF CALIFOFWIA ) ) ss. . COUNTY OF SW DIEGO ) . 6 On Notary Public 8 before me the undersi&ed, a personally'appedred FrafiD, Aleshire, known to me to be the City Manager of the City of Carlsbad; a Muni&Dal- 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. (Notarial acknovrledgcmenk of executio:1 of owners must bc ntt:lch&) _ --G- STATE OF CALIFORNIA 64s COUNTY OF SAN DIEGO SS. 2 % On May 39: 1991 ’ before me, m the undersigned, a Notary Public in and for said County and State, m” 2 personally appeared CIJGBNCE H l SCHJ~~XJRJW. i aqd PA-Ta CrWT.ffWrTCIFD z EC a , known to me % to be the oersonSwbose nammsubscribed to the ‘S cl d withi executed the same zi ” =c I Otto H. Bandemer 8 SAFECO FOR NOTARY SEAL OR STAMP OTTO H. BANDEMER NOTARY PUBLIC - CALIFORNIA