HomeMy WebLinkAboutMS 650; Daon Corporation; 85-441496; Future Improvement Agreement/Release. . . i :
-
-.
. RECORDING REQUESTEO BY AND )
WHEN RECORDED MAIL TO:
I CITY OF CARLSBAD 1 1200 Elm Avenue. > Carlsbad, CA 92008 1
* 85-Q41496
I-*.-
-
Space above this line for Recorder
use.
ntary transfer tax$$n
firm name
City of Carlsbad
Parcel No. J&?-a66 -3l/
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a .
municipal corporation, hereinafter referred to as "City", and Daon CorPoratioI
A Delaware Corporation , hereinafter referred to
Owner".
RECITALS:
WHEREAS, Property Owner has applied to Cit
Minor Subdivision No 650 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 wou1.d 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 conditions
of approval (Exhibit A)
attached hereto and incorporated by reference herein require certain
improvements and dedications as a condition of approval of this minor
subdivision No 650 ; and
WHEREAS, Property Owner has requested said minor
subdivision No 650 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 said Minor Subdivision 650 desires to enter into
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 construction;
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 subdivision
No 650 .
Section 2. That Property Owner, in lieu of making the
hereinafter described improvements before approval of said minor
subdivision No 650 is granted, agrees to install and
construct, or cause to be installed or constructed, said improvements
in accordance with plans and specifications approved by the City l
Engineer within sixty (60) days after written demand so to do by
City. Property Owner shall not be required to make said improvements
before one year 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 intersecting streets on both sides of the street upon which
the property herein described has frontage, have agreed with City to
install street improvements 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 $260,00.0.00
Property Owner hereby acknowledges that said cost is a reasonable
ion costs at this time and that
in the future may exceed this
est
the
est
imate of engineering and construct
actual cost of same at some time
imate.
.,): ‘,-\.
. . -4
; 1
9‘ * . 1485 -
. ;.
. .
,
.t.‘ . 1486
Section 3. That for the faithful performance of the promises
and covenants herein contained, Property Owner hereby grants to City a
lien upon the hereinafter described property in the amount of
$260,000.00 plus any future increases of cost in excess of this
sum resulting from increased engineering and construction costs, and
in the event Property Owner, Property Owner's successors, heirs,
assigns, or transferees fail to install and construct said
improvements in the manner and within the time specified herein,
Property Owner 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
otherwise. City or its contractor and contractor's 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, Property Owner's successors, heirs, assigns, or
transferees immediately upon completion of said improvements. In the
event same is not paid within thirty (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
necessary engineering, and the work required to install and
said improvements, and foreclose said lien in said amount.
of
construct
(c) Pursue any remedy, legal or equitable (including those
specifically referred to herein), for the foreclosure of a lien, and
the Property Owner, Property Owner's successors, heirs, assigns, and
transferees, shall be liable for reasonable attorney's fees as a cost
in said proceedings.
Section 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 or purchase money deed
of trust for value which has been or may in the future be executed by
the Property Owner, Property Owner's 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
@,.’ ‘: -- .._
. *, I 1487
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 hereinafter
described is acquired by or as a result of a foreclosure or trustees'
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, Property Owner's 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 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 property to be
released from the lien herein imposed.
Section 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 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 Property Owner's successors, heirs, assigns, and
transferees, and they shall save the City harmless from, and indemnify
the City against, any and all claims, suits and liabilities of or to
any person or property injured or claiming to be injured as a result
of said work or improvements. Said Property Owner, and Property
Owner's 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 arising 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 improvements 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.
Section 8. This agreement and the covenants contained
herein shall be binding upon and inure to the benefit of the
successors, h,eirs, assigns, and transferees of Property Owner, shall
run with said real property, and create an equitable servitude upon -0 -
said real property.
Section 9. A description of the property referred to herein
and upon which said lien is imposed is described as follows:
see Exhibit "B" attached
Section 10. The required improvements to be constructed and
the estimated costs thereof are as follows:
Improvements Estimated Costs
s
see Exhibit "C" attached
TOTAL COST b
IN WITNESS WHEREOF, we have hereunto set our hands
and seals this day of , 198-.
CITY OF CARLSBAD, a Municipal
Corporation of the State of
California
D. ALESHIRE, City Manager
\ ? ” * -
.-* . .
, .b 1489 s
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
/
CITY CLERK
APPROVED AS TO
Vincent F. Biondo, Jr.
City Attorney -
.
(PLIMX ATTACH NOTARIAL ACKNOWLEDGEMENT OF OWNERS SIGNATURE HERE.)
STATE OF CALI FO NIA
COUNTY OF 8 range a, E + On October 9, 1984
-Is,. I
-I before me, the undersigned, a Notary Public in and for
5 said State, personally appeared .
.o l(&pl K RuaJl and
k F W-A. Colton, III , personally known to me (or proved to me on the zp
E:: basis of satisfactory evidence) to be the persons who executed the within instrument as
iiE Vice President and V.P. -0 xw on behalf of --
‘0 .o %;;8 DAON CO-ON
8: g;
the corporation therein named, and acknowledged to me that
g.5 suchcorporation executed thewithin instrument pursuanttoits
I by-laws or a resolution of its board of directors.
G B WlT6JESS my hand and official seal.
‘0 ,-
2
a Y?J? Signature ‘I L2-4-u -i, 4 1 -&VC Marcia A. Brown (This area for official notarial seal)
A.-. .-._ --.- .--.- _ ---.. --=Ts--r: :c -:y--- ~-.~z-:T’:-‘.;- _ .-.- __.- __
STATE OF CALIFORNIA ) ) ss.
COUNTY OF SAN ~XEG~ 1
On 9 /y/r , before me the undersigned, a Notary Public in a ta&', personally appeared Frank N. Mannen, known
to me to be the Asst. 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 official seal.
Notary P&ii- Cdifomia
Wr Cmmtti Emr Sue 11. tm5
1200 ELM AVENUE
CARLSBAD. CA 92008*1969
Office of the C/ty Engineer
. 149\,
atp of 4CarIduib
TELEPHONE
(619) 438-5541
August 30, 1984
EXHIBIT "A"
Daon Corporation
4350 Von Karmon, Suite 100
Post Office Box 7080
Newport Beach, California 92.658-7080
PROPOSED MINOR SUBDlVlSION NO. 650
A.preliminary decision has been made, pursuant to Section
20.24.120 of the City of Carlsbad Municipal Code, to approve the tentative, map of the proposed minor subdivision subject to the
following conditions:
1.
2.
3.
4.
;i 5.
This subdivision is approved upon the express condition
that no building permits will be issued until the property
is further subdivided pursuant to the State Map Act and
local ordinance. A note to this effect shall be placed on
the parcel map.
Additional drainage easements and drainage structures shall be provided or installed as may be required by the County
Department of Sanitation and Flood Control or the City
Engineer.
Prior to parcel map approval, the o'wner shall dedicate additional rights-of-way for Ranch0 Santa Fe to modified
prime arterial standards.to the satisfaction of the City Engineer.
Prior to parcel map- approval the developer shall enter into
a Lien. Contract Agreement for the future improvement of half width Ranch0 Santa Fe along the subdivision frontage.
Direct access rights for all lots abutting Ranch0 Santa Fe shall be waived on the final map.
Proposed Minor Subdivision No. 650
August 30, 1984
Page: 2
6.
7.
8.
9.
10.
11.
12.
Land for all public streets and easements shown on the tentative map shall be dedicated on the final map and shall
be granted to City free and clear of all liens and encumbrances.
Prior to parcel map approval the developer shall enter into a secured agreement for the design and construction of half width Mission Estancia adjacent to the existing and future
park dedication sites. The installation of these
improvements shall be within sixty (60) days of being notified in writing to install such improvements by the
City Engineer.
The lot line between Parcel 2 and Parcel 3 may be modified
with the approval of the City Engineer to conform with the
pending development plan on these parcels.
All required fees and deposits shall be paid prior to final
parcel map recordation. (See attached list.)
The tentative parcel map approval shall expire two (2) years
from,the date of the letter containing the final decision for tentative map approval.
This approval is expressly conditioned on the payment by the
Applicant of the Public Facilities Fee as required by the e
City Council Policy No. 17, dated February 23, 1982, and
effective April 2, 1982, on file with the City Clerk and
incorporated herein by reference, and according to the agreement executed by the Applicant for payment of said fee.
If said fee is not paid as promised, this application will
not be consistent with the General Plans and the project
cannot proceed and this approval shall be void.
The Applicant may request a review of the conditions in wrjting within ten (10) days of the date of this approval.
. Q-cfdtlLE,, w
RONALD A. BECKMAN
City Engineer
RAB:DH:lch
Attachment
1.
2.
-
’ 1492
FEES AND DEPOSITS
MINOR SUBDIVISION NO. 6.50
Parcel Hap Fee
Duplicate Tracing Deposit
TOTAL
$ 100.00
s 50.00
$ 150.00
. . l
- 1493
EXHIBIT "B"
The land referred to herein is situated in the State of California,
County of San Diego, and is described as follows:
Those portions of Lots 5 and 6 in Section 31, Township 12 South, Range 3
West, San Bernardino Base and Meridian, according to United States
Government Survey, and of Section 6, Township 13 South, Range 3 West San
Bernardino Base and Meridian, according to United States Government
Survey, and of Lot 4 of Ranch0 Las Encinitas, according to Map thereof
No. 848, filed in the Office of the County Recorder of San Diego County,
June 27, 1898, all being in the City of Carlsbad, in the County of San
Diego, State of California, and described as a whole as follows:
Beginning at the intersection of the centerline of County Road Survey 454
(known as Ranch0 Santa Fe Road) as described in Deed to the County of San
Diego, January 21, 1930 in Book 1737, Page 4 of Deeds, with the
centerline of that 84.00 foot strip of land (known as Mision Estancia)
described in Deed to the City of Carlsbad, July 14, 1977 as File No.
77-281161 of Official Records; thence along the centerline of said Road
Survey 454 North 19005'41" East, 328.93 feet to the beginning of a tangent 1000.00 foot radius curve concave Westerly; thence Northerly
along the arc of said curve through a central angle of 8003'17" a
distance of 140.58 feet; thence tangent to said curve North 11002'24"
East, 610.14 feet, (North 11°02'24" East 608.79 feet per Map No. 8059)
to the beginning of a tangent 1000.00 foot radius curve concave
Southeasterly; thence Northerly and Northeasterly along the arc of said
curve through a central angle of 17038'34" a distance of 307.92 feet to
a point in the boundary of Parcel Map No. 12586, recorded February 25,
1983 as File No. 83-060598 of Official Records; thence along said
boundary of Parcel Map No. 12586 South 63038'35" East, (South
63037'48" East per Parcel Map No. 12586), 136.62 feet; thence North
77°00'OO" East 665.02 feet (665.00 feet per Parcel Map No. 12586);
thence North 38049'33" East 99.99 feet, (North 38050'03" East 100.00
feet per Parcel Map No. 12586); thence North 38050'29" East 42.00
feet, (North 38050'03" East per Parcel Map No. 12586), to the
centerline of that 84.00 foot strip of land (known as La Costa Avenue),
described in Deed to the City of Carlsbad, July 14, 1977 as File No.
77-281161 of Official Records; thence along said centerline of La Costa
Avenue, South 51009'31" East, 174.99 feet to the beginning of a tangent
1000.00 foot radius curve concave Northerly; thence along the arc of said curve through a central angle of 5056'00" a distance of 103.56
feet; thence radial to said curve and leaving said centerline of La
Costa Avenue, South 32054'29" West 42.00 feet to a point on the
Southwesterly line of said La Costa Avenue; thence South 36009'29"
West 120.00 feet; thence South 64039' 29" West 172.00 feet;
’ * ,
. .
” J . r.
a
thence South 40059'29" West 114.00 feet; thence South 9059'29" West
254.00 feet; thence South 15O59'29" West 116.00 feet; thence South
23O44'29" West 212.00 feet; thence South 8029'29" West 280.00 feet;
thence South 63OO0'31" East 94.26 feet to the Northwesterly line of
that certain land described in Deed to the City of Carlsbad, December 15,
1980 as File No. 80-420522 of Official Records; thence South 76059'56"
West 227.32 feet; thence South 22029'56" West 391.86 feet to a point
on the centerline of the aforementioned 84.00 foot strip of land (known
as Mision Estancia); thence along said centerline North 67030'04" West
296.67 feet to the beginning of a tangent 1000.00 foot radius curve
concave Southwesterly; thence Northwesterly along the arc of said curve
through a central angle of 7036'07" a distance of 132.68 feet; thence
tangent to said curve North 75oO6'11" West, 239.09 feet, to the Point
of Beginning.
2127A
- * _. .,* . .
, ‘, , . - .a
ITEM
1.
2.
3.
4.
5.
6.
7.
8.
9.
1,
i 1495 -
EXHIBIT “C”
W.O. LO8-84-02
MINOR SUBDIVISION NO.’ 650
ESTIMATE FOR LIEN CONTRACT AGREEMENT
ON HALF-WIDTH CONSTRUCT ION OF
RANCH0 SANTA FE ROAD
DESCRIPTION
Excavation
Type G Curb IL Gutter
6" Curb
Sidewalk- (5cWide)
A.C. Paving & Base
Material
Street Lights
(16,000 Lumen)
Street Trees
Median Landscaping &
Irrigation
Fire Hydrants
$ 13,200.00
13,250.OO
10,600.OO
17,887.50
141,852.50
QUANTITY UNIT PRICE TOTAL
3,300 C.Y. $ 4.00
1,325 L.F. 10.00
1,325 L.F. 8.00
6,625 S.F. 2.70
61,675 S.F. 2.30
..3 Each 2,900.oo
3,3 Each 100.00
11,270 L.F. 1.00
3 Each 2,030.OO
Total:
Contigency 15%
8,700.OO
3,300.oo
?11,270.00
I !, 6,090.OO
$ 226,150.00
.\ $:j260,000.00
2040A