HomeMy WebLinkAboutMS 599; Snyder, Robert and Linda & Snyder, James & Myrtle; 83-304604; Future Improvement Agreement/ReleaseRECORD iNG REQUESTED BY AND ;
‘4HEr: RECORDED PlA’tL TO-: - CA v* 1 - 1648
City of rf.arlsbad 1200 Elm Avenue
Carlsbah, CA 9200%
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City of Carlsbad
Pa reel No. M4 5sq
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS’AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and
lzc26WT L SNm f: WDA A- ‘3QylE~
d,$$lES =. ~h)YDt + r”ly~r~-.E Mt cWY~= her mafter referred to as “Property Owner’*
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 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
improvements and dedications as a condition of appro
Minor Subdivision No. qq4 ; and
WHEREAS, Property O\rJner 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
(1) -, . _
cJa id Minor Subdihsioh - . desires to enter i--o this agreement
securing the’construction of said improvements, and City has determined
it to be in the pub1 ic interest to agree to temporarily postpone said
const rut t 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 Sdd:ivision ~0, Em
Sect ion,,2. 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 specifi-
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 or w,ithin such further period .
of tiine as is granted by City, provided, however, that upon the happening
of either of the fol lowing .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 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 m
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.
Section 3. That for the faithful performance of the promises
. . (2)
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I$ :
. - 1650 -
and covenants herein contained, Property Owner hereby grants to City a
lien upon the hereinafter described property in the amount of ,
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-
f ied 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-
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 .
compl.et ion, 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- _. I
ments, and foreclose said .lien in said amount. L
(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 lien hereby created
shall be and is hereby subordinated to and declared to be inferior and
subsequent in 1 ien 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)
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T : .- ‘. .&,- . . -_ d .‘:-,> _. ~I..._ -*w&zz.: :‘. i
.,* PI. \ 1651 . - t, r-u s.tees ’ sale of any .:h purchase money mortga5 or purchase money
s
deed of”t rust.
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 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 shal
employee thereof, be liable or responsible for any
1 any officer or
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 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:.OGner, 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
all liability or claim
patent or patented art
Sect ion 7.
at all times up to the
City and the officers and employees thereof from
because of, or arisi.ng out of, the use of any
cle in the construction of said improvements.
t is further agreed that said Property Owner will
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 public 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 binding upon and inure to the benefit of the successors, heirs,
(4) i? __,.- ___-.- .- .- ’ ----“-d_, . . . . ..-..L--- --1--1__ __---___ _---__.__- .._I_,, --a-- -_-- -_-- -. -
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assigns;. atid..transferees of Property Owner, shall run with said real
property, and create an equitable servitude upon said real property.
Section 9. A description of the property referred to herein
anal upon which said lien is imposed is described as'follows:
Parcel 4, in the City of Carlsbad, County of San Diego, State of California,
as shown at Page 4480 of Parcel Maps, filed in the Office of the County
Recorder of San Diego County, February 6, 1976.
That,portion of Tract 240 o'f Thum Lands, in the County of San Diego,
State of California, according to Map thereof No. 1681, filed in the
Office of the County Recorder of San Diego County, described as follows:
Beginning at the most Easterly conrner of said Tract 240; thence South
61'21' West along the Southeasterly line thereof 244.39 feet to the most
Easterly corner of the land conveyed to Ralph G. Nix and Hazel Nix by
deed dated June 1, 1926 and'recorded in Book 1218, Page 319 of Deeds;
thence North 23" West along the Northeasterly line of said land 242.77
feet to a point in a line which is parallel with and Northwesterly
241.59 feet measured at right angles from said Southeasterly line of
said Tract; said point being the ,TRUE POINT OF BEGINNING; thence continuing
North 23" West 200.98 feet to the Northerly corner thereof, said
corner being also a point in a line which is parallel with and Northerly
441.59 feet measured at right angles from said Southeasterly line of
said Tract 240; thence North 61'21' East along said parallel line 200.70
feet to a point i.n the Northeasterly line of said Tract; thence South
_ 28'39' East along said Northeasterly line 200.00 feet to a point which
bears North 61'21' East parallel with said Southeasterly line from the
TRUE POINT OF BEGINNING: thence.South 61021' West along said parallel
line 220.49 feet to the TRUE POINT OF BEGINNING.
EXCEPTING the Northwesterly 100.00 feet (said 100.00 feet being measured
along the Northeasterly line thereof,) ::
(5)
:. )I
J, , -- 453
Section 10, Th required improvements tc HZ constructed and _
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estimald 'costs thereoE are as follows: '1
Improvements
Giv 1, c I - S&L Ud1:
GC.+& ’ %Qq, ~l.w-/S~ .
Estimated Costs
$ ‘?a
a%-
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ia G2MV5 I I
6% vo -
.
Dated : 7/5/83 *
TOTAL CO
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CITY OF CARLSBAD, a Municipal Corpdration of the State of
FRANK D. AlESURE, City Ka.nager
:.. :
COUNTY OF S
3taxy Public sonally 'appetire
rt acknowledged to me that such
'the same .
TF.‘J CfFG!J ?;-J*‘?.i- My comm. v&r .iiJi? L’q, 198 y-c.-- .I%*- Jw, a
City Attorney
(Notarial acknowledgement of executio:l of owners mwt be ;lttach&t),
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SAFECO TITLE INSURANCE
STATE OF CALIFORNIA
cou~w OF San Dieao
On this the 7t.h day of 19&, before me the undersigned, a
Notary Publii in and for said County and State, personally appeared dameso. Snyder and Myrtle M. Snyder-
, personally known
to me or proved to me on the basis of satisfactory evidence to be the
pefl whose namebeubscribed to the within instrument
ledged that w exe
FOR NOTARY SEAL OR STAMP
)FFICIAL SEAL
J MARSHALL J’JOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY My comm. expires JUN 24, 1984
STATE OF CALIFORNIA] ss. COUNTY OF SAN DIEGO)
on #a-,&7- -4 4uY before me the undersigned a Notary Public in and fir said Stat&, personally appeared Fra& D. Aleshire, 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, the same. and acknowledged to me that such City of Carlsbad, executed
WITNESS my hand and official seal.
Prinq@ 0ffit.e In San Dii~o ClurlQ 1 ;ir w tiranrr- EC* .w n m
)JBZLfd ARYPBLIC
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