HomeMy WebLinkAboutMS 616; Kubota, Jack & Patricia; 83-409389; Future Improvement Agreement/Release._
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1200 Elm Avenue p--M”u
Cat-f shad, CA
VE:‘~h L. LYLE pace above this line for Recorder’s
se
Docu transfer tax- fee
Sign&!ure of declarant determining tax:
firm name
City of Carlsbad
hKl FEE Parcel No. 206-260 --&6
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and Jack Y. Kubota and
Patric-ia .R. Kubota !u
hereinafter referred to as "Property Owner"
RECITALS:
WHEREAS, Property Owner has applied to City for a
Minor Subditiision 616
for the real property hereinafter described, now under Property O\wner’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 : <Id Section 20.28.060
.
attached hereto and incorporated by reference herein require certain _
improvements and dedications as a condition of approv
I Minor Subdivision No. 616 ; and
WHEREAS, Property Owner has requested sai
Minor Subdivision
be granted by City in advance of the time said impr
made; and
’ WHEREAS, Property Owner, in consideration of the approval of
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saj d. Minor 'Subdivision No,- &r’ 4 -
616 desires to enter intc--his agreement
securing the construction of said improvements, and City has determined
it to be in the public interest to agree to temporarily postpone said .
construction;
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 rrzide by Proper.ty Owner for Minor Subd:ivisiOn NO. 616
Section .2. That’ Property Owner, in lieu of making the herein-
aFt.ct- described improvements before approval of said Minor Subdivision
i I; 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 requi red to make
said improvements -before October 18, 1985,0r 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. City estimates that.the cost of engineering and construction OF
said improvements at the time of signing this contract is $8,999.90 to.be
paid in the following proportion: Parcel A 79;17% and Parcel B 20.83%.
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
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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 $8,999.90 ,to be
paid in the following propor i.on: plus any future increases o ! Yarcel A 79. F 7% and Parcel B Z.0.38”rom cost In excess o .thts sum resulting P .
increased engins- Pring and construction costs, and in the event Property
Owner, his succzssors, heirs, assigns, or transferees fai 1 to install
and construct said improvements in the manner and within the time speci-
f ied herein, h:? sg,rees that City may do any or al 1 of the foTlowing:
(al iisve the necessary engineering for said improvements
done, and instai? 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, ass’i’gns, or transferees immediately upon completion
of said improvements. I-n 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 requi red t,o install and construct sai.d improve- . .
ments, 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 lien 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
of no force or efFect aga
inafter described is acqu
:
purchase money deed of trust. The lien hereby created shall likewise be
title to the property here-
It of a forec losure or
inst any owner whose
i red by or as a resu
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) I sale of any such purchkie money mortgage - purchase money
de’ed of trust.
Sect ion 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 depos.it of said cash or posting of said, bond the City ... _.. ‘.
any portion of it as to which said . : agrees to release the property, or
deposit or posting applies, from tf le 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 8.
employee thereof, be liable 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 officer or employee thereof, be liable for
any persons or property injured by reason of said work or improvements,
but all of said liabilities shall be assumed by said Property-Owner, 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 Ii-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 : ” _.. . . .I
patent or patented article in the construction of said improvements. ‘:‘: -
Section 7. It is further a.greed that said Property Owner will
at all times up to the completion and-acceptance of said v:orlc 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 0.f City.
Sect iorl 8. This agreement and the covenants contained herein.
shall be binding upon and inure to the benefit of the successors, heirs,
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as-signs, and transferees of Property Owner, shall run with said real
prow-ty, and create an equitable servitude upon said real property.
Section 9.. A description of the property referred to herein
and upon which said ‘lien is imposed is described as’follows:
THAT PORTION OF TRACT 242 OF 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 SAID SAN DIEGO COUNTY, DECEMBER 9,
1915, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 257.36 FEET NORTH 28'39' WEST FROM THE INTERSECTION,
OF THE CENTER LINES OF HIGHLAND STREET AND.CHINQlJAPIN AVENUE; THENCE
NORTH 28"39" WEST 144.00 FEET ALONG CENTER LINE OF HIGHLAND STREET; .T':
THENCE SOUTH 61" 21' WEST 268.4 FEET; THENCE.SOUTH 28"39' EAST 144.00
FEET; THENCE NORTH 61"21' EAST 268.4 FEET TO THE POINT OF BEGINNING.' -.
.
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* .I ,.
. * I -, * Section 10, The ,--- 710 luired impro-Jemsnts
tile estimated costs thereof are as follows: .
Improvements -.
Curb & Gutter 14.4 L.F. @ $9.30
Concrete Sidewalk 720 Sq.F.@ $2.50 3!'66!' Pave &'Bas.e 2,880 5q.F..
Street Trees 3 each *
l/3 street light .33 @ $2,850.00
to b -constructed and . I
‘1
Estimated Costs
$ 1,339..00
1,800.OO
3,587.OO
15o;oo
950.00
Subtotal $ 7Jj26.00.
Cost to .be solit as-follbws: l-5% Contingency 1,173.90
Parcel A 79.i7%
Parce.l B 20.83%
Pa,rcel A and B pursuant.to . .
Minor Subdiv+sion No. 616 TOTAL COST $ 8,999.90 -.
Dated= October 14. .1483 I .
:
.
STATE OF CALIFORNIA )
) ss. s
COUNTY OF SA%J DIEGO ) ..
Patricia R. Kubota
CITY OF CARLSBAD, a Municipal
Corpdration of the State of
California
By g&.$&d- R_,
INVVK D, ALE.SHII‘&, City FWtzqer
.
l -
On /l/a/W&05 8; /P/3 before me the undersig'hed, a
Notary public in and for said State, pecsonally .appeared Frar~~~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 IWnicipal Corporation,
and acknowledged to me that such City Qf Carlsbad, California; executed
the same. .
WITNESS my hand and official seal-
.-. ‘:
/
APPROVED AS TO FORM:
City Attorney
*
Public - Cal~forrtia
(CGotarirlI ackno~;~ledgement of execution of owners must bo ;lttached) _
-G-
C
STATE OF CALIFORNIA
COUNTY OFi ss* : October 14: 1983 t On before me,
the undersigned, a Notary Public in and for said County and State,
personally appeared Jack Y. Kubbta and
Patricia R. Kubota
, known to me
to be the persons-whose name- subscribed to the
within instrument and acknowledged that-executed the
same.
8 SAFECO
FOR NOTARY SEAL OR STAMP
OfflCIAL SEAL
h LENA M. ELROD
NOTARY l UBLK -CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission expires Ocl. 5, 1984