HomeMy WebLinkAboutCARLSBAD DEVELOPMENT CORPORATION; 1980-10-01;q
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0 REFUND AGREEMENT e
AGREEMENT made this 1st day of October , 19 80, be
the CITY OF CARLSBAD, a municipal corporation, sometimes hereinafter re
to as "CITY", and CARLSBAD DEVELOPMENT COMPANY, a California Corporatic
hereinafter referred to as "COMPANY".
W I T N E S S E T H:
WHEREAS, COMPANY has installed and constructed a sewer line and
line beginning at the intersection of the center line of Syme Drive at
in Syme Drive 527.04 feet west of intersection of Chinquapin Avenue to
TRUE POINT OF BEGINNING; thence continuing northerly along the centerli
Syme Drive 170.78 feet to the subdivision boundary to the terminus of s
agreement, the location and details of such construction according to F
sheet 2 of Drawing No. 197-4 of CT76-6 Royal Homes #7 Improvement Plan:
file at Carlsbad City Hall, Carlsbad, California, which plans are by tk
reference incorporated herein; and
WHEREAS, COMPANY has paid for the cost of such construction; anc
WHEREAS, it is contemplated that hereafter other parties who hap
participated in the cost of this sewer and water line extension project
i I connect to said sewer and water line project, and that upon such connec
1 they will be required to pay to the City of Carlsbad the line costs as
provided for in Section 3 of Ordinance No. 7020 of the City of Carlsbac
WHEREAS, Section 5 of Ordinance No. 7020 provides for a refund t
person who contributed toward the construction of a sewer and water lir
extension in excess of his proportionate share.
NOW, THEREFORE, in consideration of the premises of the mutual
convenants and agreements of the parties hereto as such are herein expv
and in consideration of the sewer and water line extension which COMPAC
had installed, the parties hereto agree as follows:
I (1) For the next ten (10) years from and after the date hereof
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CITY agrees to impose such charge, as may presently exist, or as the sa
be established by the City hereafter, upon the owners of every property
have not participated in the cost of construction of this sewer and wat
whose property shall hereafter be served by direct connection to the se
water line herein contracted for; that when such funds are so collected
CITY, CITY agrees to distribute the funds so collected as follows:
75% of the funds collected for the connection to the sewer and h
line herein contracted for that is hereinbefore described shall
paid to CARLSBAD DEVELOPMENT COMPANY with the remaining 25% of t
funds so collected being paid to the City's General Fund for
administrative purposes.
In no event shall CITY be liable to COMPANY for such monies in t
event the collection of such funds is not made within the ten (10) yeav
period of time herein contracted for, or in the event that the collecti
this charge is prevented by judgment or order of court, or in the event
monies are not collected as result of inadvertence and/or neglect of tl
officers or employees of the CITY.
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(2) It is understood and agreed that the entire construction pl
1 when completed shall be the property of the CITY and shall at all time:
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hereafter remain under the sole jurisdiction and control of CITY.
(3) COMPANY agrees to inform CITY of its mailing address, and -
further agreed that when CITY shall have mailed any refund payment to 1
said COMPANY at its last known address, that CITY'S obligation to COMPi
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' shall thereupon be fulfilled for such refund payment.
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IN WITNESS WHEREOF, this agreement is executed in San Diego Coun
California as of the date first written above,
COMPANY: CITY OF CARLSBAD, a municipal Corporation of the State of Cali
C$Pfq/4 BAb D $E--VL3LO psfl EdT- tC”3RP.
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13 ATTEST:
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(1 ; personally appeared _GLEGS-A.N~SS~-Z~-_ ~ ~~~
kno j-ohn n to njjj.t~&&~ . . I’re5ident. and-.^ -~~~ ~ - --~~~~
-__-__-~~-~- ~ ~-~~~~ -. .-~ . . known to me to Iw i [r
FOR NOTARY SEAL OR STAMP
- ". 1 +4-
SSBi),LljIS 10~ CUAfUQjI'ZE
$50. c(i .-. pee
iio. 5-605399 Subdi~ision: CAUSDAi3 TRACT NO. 76-6
Dated: Earch 6, 1488 as of 7:30 A.M.
SRFEC(; TI'TLE S-.*.--:;! Li'i 2 LJ L..x;c E LOi Ii?fi&Y
a corporatfon
G Elkl{iu.; TEES
"hc County of Sa11 Giegu and my City .siitf;in tfr1ich said 3jubdi.$isio;l is
located i;i a SUE; riot exceeditig $l,Wil.~G rtrsc, i3ccordi~g to those public
records tAich: under the recci~din~i; liii~s, &:part coastructi-gc riotice of rr-,et'iers affiice-hnz 2f;a zfelc to rj?e land included ~ithin he exterior
Sou;ibar)i shown on tile cap of
parties F.axjing ally record title in-terest in said laud ~?;ase slgiia.iures
are necessarys Gccier the requ-irmento of the Sui;t!ivioi.on ?hp Act, 09 fltz
cerx:~ficates cac~~;3c~in~ ta tile recordaticn of said. zap arrd oifcrr?~~g US
dedication any streets, roads, a.,~n~e~ acd other eaaenents cjffered for
dedic~tion by said izap ;%re 26 5;c-i: forth fn Sc'nd~3.e A.
rile above re,'rrencod subdi~ision, The o~ly
I). li. LITTLX
2 res id en c "_U-- ---.-^-..
AXI A~tti~rizcd 5 j.gn;ituxe:
S',JBjj X? LL<Xi;ii L:,i;?;i
CLYA C.u ;3 raw;eL? 1' ;,,-s.'z (G ,s. ) 1,:t-v . 3-7 5
__.._.__.____._._._ ..__..-_._- -
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SAFECC TITLE IliSL!RAi.lCE; CCiE.lPANY
Srj2.l) 1x2 1s 103 G~~i)&~~~E E-s Gtim'gLE A
No (. s-40539 9 Subd Lv i 8 fan : CARLSGili3
T'rikCT ?io*
76-6
Darcti : Pkilrch 6, 1980 as of 7:3Q A.Z*
The rap herehbcfore referred to is a atrb.livisic>il of:
sg. E;<lfIaLT It, 'ii #=.v, A rll*2iwI3l
"1 ~ne I porcies hcrej-nhefose refcrrcd to are:
c., ;:T < p 6 .r, U[>;:j:::;: 2 ;&LA ~, ..,.t,G L '> L' CALCkJt y C'ipJ'c$EM';"- __ b?J 'j'. i i q.:.'., r.r
~k&i~~;~~;;'~ jlGj-jD;ig x siy! L;IF,CI) Gk.5 c$i;f) EL,G'C'j'';IC Cct:PA:EY, as ovpcr of an
easenei;-c rccc;rded :iay 15, 1345, ~$5 .&32~3ry,,r, ;io.
39115 in sor+- 1377, IJzi:4e 1rj3 op ~fficinl ~:tzc.~>r:~js,
NOyE.: T]I.? sig1a-$-us;? (s) of $aE';i.; C(j;"IT L?.:;:) CCf,,::'[,l.;y t s c.orpoi-a$--orl
owner of easmenrs as diszlo:~,ed by deed recorded 2'cbruary 13, 1924, as
Doucm~en~ 30~ 6571 in Book $91, page 280 05 Deeds, records or' %in C-Jego
(C-a), of the Govermcnt Cccie, since the present ow~ership of such
eas~-~;:e~t is Lapractical to deternine.
C~i.irlt,y t'i~y be Ofifttec! ilnder the l>rovisioiis 0.2 Section 66436, S:.ub~i~.t.fot~
-4 \ m P
rmm? 2'- 11~~1
Th:tt port ion of Tract 242 or Ttium Lands, in the City of Carlgbad, County
of Sari Diego, SLdtC of Calift~rriia, according to Plap thereof No. 1681,
filed in thc ofLicc of the County Kecorder of San Diego County, December *
9, 1915, described 85 follow:;:
Bcginriing at the most Westerly corner of Lot 6 of S'l'ELIA 1L4RIS ESTATES,
according to Flap thereot KO. 5267 filed in the office of the County
Recorder of San Diego County, September 19, 1963; being also a point OR
thc Northeasterly line 02 land described in deed to CARISBAD. DEVELOPMENT
COt(POIUYION, recorded May 1, 1975, as File No. 75-102793; thence along
thc Southwesterly line of said Map No. 5267, South 28°40'13" East,
365.23 fc.ct (Iiccord = South L8"39'10" List, 365.14 feet) to the ccriter
line oE CtiLNQUAI'IiLT AVENUE; tiiciice d.oni; sa id center line Soutli Gl"20'50"
licst, 322.31 feet to the most Southerly corner of said land of Carlsbad
Development Corporation; thence along the boundary of said land as
follows: North 28'38'26'' West (dccd = North 28'39'00'' blest) 353.00 feet
to <in angle piut therein; North 60'37'27" East 4.53 Ecct (dred = North
61'21'00" Last, 4.50 feet) to an angle point thercin; North 28"32'52"
Nest, 187.98 fcct (deed = North 28"39'00" \%:est, 188.22 feet) to the most
We:; terly corner of said land; North 61'20'50" East (deed = North G1"21'0011
East) 317.42 feet: to the most Ihrthcrly corner of said land; and South
28'40'13" E35t, (deed = South 25'39'00" East) 175.81 feet to the Point
Of Beginning.
Ab1 E XI) LU
DR: FBD/iiik
3-1 3 -8 0
S-605399
E-21G88
CARLSUAD 'I'KACT NO. 76-6
I ,
Cost Estimate "e w J. . 4973
February 4, 1980 Page 2
13 .c- c > 5
1. Lin. Ft. 8" V.C.P. 407 @ $ -1kOO- $ 4,
2; 1 J. - 3 *-?
2. Lin. Ft. 6" V.C.P. 169 C! -9.0 0 1;
I/ - *' 3. Each Manholes 2 C! -800-.00- 1;
4. Each House Connections 15 @- 250.00 3,
SEWER:
n
Cda- .otj *+-
5. Each Cleanout 1 @ /,'170.00
$J-1 I
2 22 WATER:
1. Lump sum Connection to existing L. s. ,/' . $
2. Lin. Ft. 6" A.C.P. (Incl. Fittings) 704 @ $ 14.00 9,
3. Each 6" Gate Valve (Estimated) 1 @~/'450,00
4. Each House Connections 15 @ 250.00 3,
.I :TP----~z? Ld
5. Each Fire Hydrant (Estimated) 3 @ -i-250.00 - "3 ,
- 6. Each Blow Off 1 @ .," 700. 00
9. $19, /<
DRAINAGE : 24 1. Lin. Ft. 24" R.C.P. 564 @ $ 31.00 -* $34,
2. Each 5' Catch Basins 1 @ 1600.00 1,
, , -- -> -/..?--
3, Lin. Ft. Sidewalk Culvert 39 @''\ 40.00 1,
4. Each Type "A" Cleanout a @ 1200.00 _L,
$=,
SUBTOTAL $163
10 B CONTINGENCIES 16
TOTAL CONSTRUCTION COST $179
A" Ly 5'. -1 , &> CP i
3 &2
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NOT INCLlJDED IN THIS ESTIMATE: s. D.G. & E. UNDFRGROUND UTILITY, ENGINEERING SEEWICES & SOILS ENGINEER
CITY FEES: i, e. SEWER IiOOKUP FEES, BONDS, PARK-IN-LIEU FEE, PLAN CHEC.
I_
FEES ETG., FENCES NOT PART OF THIS ESTIMATE.
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LI~::IAN srvii rti uwiriii t
TO : I_---- E;Tp+ 6 Lzrg /:'
E'W& / fl,EE k , x"/ & FROM :
OFFICE: ZL.J&& C'w7 d-JZ'
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