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DEPT.
0.4/09/91 HOLLY BRAE LANE - ALDER AVENUE
U&M SEWER LINE
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RECOMMENDED ACTION:
1. . Adopt Resolution No. @/--/I'd approving a plat map to establish a sewer main reimbursement fee for the Holly Brae
Lane - Alder Avenue sewer main, pursuant to the provisions
of section 13.08.035 of the Carlsbad Municipal Code.
2. Adopt Resolution No. ?/'-,//& approving an agreement to
acquire sewer improvements, modifing an existing note and
accepting and authorizing payment fromthe Sewer Enterprise
Fund in the amount of $5,797 for two sewer easements necessary for the construction of the Holly Brae Lane - Alder Avenue sewer line.
3. Adopt Resolution No. $7,' / // .? ,a approving plans and
specifications and authorizing the City Clerk to advertise for bids for the construction of the Holly Brae Lane -
Alder Avenue sewer line, Project No. 3309 and appropriating $225,000 from the Sewer Enterprise Fund for construction of the sewel
main.
ITEM EXPLANATION:
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In May of 1963, a subdivision was approved on the Alder Avenue
approved on Holly Brae Lane, south of Alder Ct. Since City sewer service was not available to either of these subdivisions, septic tanks were authorized as an appropriate means of sewage
disposal. Presently, eleven (11) single family homes are built
on Holly Brae Lane and Alder Ct.
In 1987, several of the septic systems serving the homes on
Holly Brae Lane began to show evidence of failure, with twc
systems ultimately failing. The property at 3940 Holly Brae
Lane was located close to a sewer line and the owner was able tc
meet City requirements for a low interest, deferred, loan under the City's housing program to finance the construction of the sewer connection ($23,550) . Construction of the sewer connection was completed in 1988 in accordance with City permits. The other property, 3810 Holly Brae Lane, was located
too far from the sewer line to economically construct a
connection. This property owner has been required tc periodically pump out the septic tank to continue to occupy the home since 1987.
cul-de-sac and in February, 1965 another subdivision was
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At least one additional home has had to severely reduce interio~
water use to continue occupancy. Finally, a recently approvec
three-lot subdivision cannot begin construction until sewel
service is available. As a result of the septic syste1
failures, the City Engineering Department was approached about
the feasibility of installing a gravity sewer main to service
the Alder Court-Holly Brae Lane area.
Since the septic tanks for the majority of the homes on Holll
Brae Lane and Alder Avenue are currently functioning, sewer hookups for these properties are not yet mandatory, thus, eliminating the practicality of a voluntary sewer assessment
district. Such a financing mechanism would prove a unnecessarl
hardship on some property owners if immediate payment for thc construction were imposed at the time of completion.
Thus, Utilities and Maintenance staff recommends that the cost of the sewer line be funded by Sewer Enterprise funds. Thc Sewer Enterprise Fund would be reimbursed by the property owners when they are required to connect to the sewer. This mechanisn is authorized under the provisions of Title 13, Chapter 13.08 et
seq., of the Carlsbad Municipal Code which provides for sewer
improvements. Pursuant to this Chapter, the cost of the
improvements would be apportioned by benefit based on the
ultimate number of dwelling units that will be served. This
would allow each property owner to pay for its portion of the total cost at the time of connection rather than at the time of construction. The attached resolution would establish the reimbursement schedule for the Holly Brae Lane - Alder Avenue project .
An agreement was entered into by the City's Engineering
Department with Wilson Engineering for design of a sewer line to
service 19 properties in the Holly Brae Lane - Alder Avenue
area. The improvement plan has been approved by the City Engineer and all environmental reviews have been processed.
For the project to proceed easements across two parcels must be acquired. Accordingly, an appraisal of the two easements was completed and an offer to purchase at the appraised value was extended to each property owner. The two property owners have accepted the City's offer. In addition, to complete the project
and affect a connection to the sewer, the City must acquire the
sewer improvements constructed by the property owner who received the City low interest loan. The improvement.s
at $26,000, (see Exhibit 5).
Upon construction of the proposed sewer line, it is estimated that five to six property owners will pay the required reimbursement fees and connect within the first year.
constructed meet City Standards and are estimated to be valued
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FISCAL IMPACT:
An appropriation of $225,000 from the Sewer Enterprise Fund
Unreserved Retained Earnings account would result in a fund balance of $213,275. Funding for the construction of the sewer line is an advance of monies from the Sewer Enterprise Fund.
Reimbursement to the Sewer Enterprise Fund will be made upon final connection by the benefiting property owners. Five to six
connections will be made within twelve months of the completion
of the sewer line. The remaining connections will occur when additional development occurs or when the existing residential
septic systems fail. Although staff is not recommending that
all parcels served by septic systems immediately connect to the new sewer line, the City could require connection to the sewer
line at any time after the sewer line is installed, pursuant to
Municipal Code Section 13.04.030.
ENVIRONMENTAL IMPACT:
The City of Carlsbad Planning Director issued a Negative Declaration for this project on May 17, 1989 and an Administrative Permit was issued by the California Coastal Commission on September 12, 1989.
EXHIBITS:
1. Resolution No. 6’--’// approving a plat map to establisk:
a sewer main reimbursement fee for the Holly Brae Lane - Alder Avenue main pursuant to the provisions of sectior
13.08.035 of the Carlsbad Municipal Code.
2. Resolution No. f?%!/b approving an agreement to acquire sewer improvements, modifing an existing note and acceptin? and authorizing payment in the amount of $5,797 for twc sewer easements necessary for the construction of the Holll Brae Lane - Alder Avenue sewer line.
3. Resolution No. q/- LL3 approving plans anc specifications and guthorizing the City Clerk to advertisc
for bids for the construction of the Holly Brae Lane -
Alder Avenue sewer line, Project No. 3309, and appropriating $225,000 from the Sewer Enterprise Fund for construction of the sew(
4. Plans and specifications on file with Municipal Projects (Project No. 3309)
5. Project plat
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CITY OF CARLSB
When recorded mail to: II 659 b
City Clerk
City of Carlsbad RESOLUTION NO. 91-111
1200 Elm Avenue
Carlsbad, CA 92008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING A PLAT MAP TO
ESTABLISH ASEWERMAIN REIMBURSEMENT FEE FORTHE
HOLLY BRAE LANE - ALDER AVENUE MAIN PURSUANT TO
THE PROVISIONS OF SECXION 13.08.035 OF THE
CARLSBAD MUNICIPAL CODE
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WHEREAS, the City Council of the City of Carlsbad, California, h;
alternative provisions for establishing a sewer main line cost fee in Title 1:
13.08, Section 13.08.035 of the Carlsbad Municipal Code; and
WHEREAS, the City Council of the City of Carlsbad, California, h
alternative provisions for establishing a sewer main line cost fee in Title 1
13.08, Section 13.08.035 of the Carlsbad Municipal Code; and
WHEREAS, the City Council has determined that an equitable fef
from said provisions for the Holly Brae Lane - Alder Avenue sewer main projel
following addendum to the aforementioned Section 13.08.035 of the Carlsbac
Code:
"The fee will remain one nineteenth (l/lS) of the total
construction cost of the sewer line for the first three years
from the date of acceptance of the sewer line by the City.
After that date, the fee will be subject to an additional cost,
equivalent to the rate of interest earned by the Sewer
Enterprise Fund at the time of connection, compounded
annually on the anniversary date of completion of the sewer
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project. In no event will the interest assessed exceed eight
NOW, THEREFORE, BE IT RESOLVED by the City Council of the 1 3
percent (8%) annually."
4 Carlsbad, California, as follows:
5 1. That the City will construct the sanitary sewer main lines i~
6
104 feet). 9
an existing easement as shown on Holly Bare Estates recorded map 5524 (approx 8
Alder Street from Holly Brae to end of cul-de-sac (approximately 100 feet) and t 7
Brae from Alder to 105' N/E of the cul-de-sac on Holly Brae (approximately 580 f
10 2. That the City Engineer has determined that the parcels to bc
11 by said line are as listed on Exhibit B, attached hereto and made a part hereof.
12 3. That the City Council has determined that a more equitable
13
Section 13.08.035 of the Carlsbad Municipal Code. 14
result by invoking the procedures for establishing sewer main line costs as pro
15 4. That the plat map, Exhibit A and the benefiting parcels and
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determined by dividing the final project cost by 19. 19
each equivalent dwelling unit to be developed in the benefitted area in an am01 18
5. That the City Engineer is authorized to establish a line cos 17
units to be served by the project as shown on Exhibit B are hereby approved.
20 PASSED, APPROVED AND ADOPTED at a regular meeting of
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the following vote, to wit: 22
Council of the City of Carlsbad, California, on the 9th day of *pril ,
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AYES: Council Members Lewis, Larson and Nygaard
NOES: None
ABSENT: Council Members Kulchin and
ATTEST:
207-063-30
207-063-25
207-063-31
207-063-24 NO so
207-063- 1 o
207-1 80-03
207-063-1 1
207-063-4 2
LEGEND
mA PRIVATE SEWER EASEMENT
EXISTING SE'vVER MAiN - PUBLIC SEWER EASEMENT
PROPOSED SEWER MAIN
EXHIBIT
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PARCEL No.
207463- 10
207463- 1 1
207463- 12
207-063-24
207-063-25
201-063-21
207-063-28
207-063-29
207-063-30
207-063-31
207-063-32
207-180-02
207- 180-03
207-180-04
267- 180-05
207-180-06
PROPERTY ADDRESS
3920 Skyline Road
3930 Skyline Road
3948 Skyline Road
3800 Alder Avenue
3805 Alder Avenue
3810 Alder Avenue
3910 Holly Brae Lane
3815 Alder Avenue
38 11 Alder Avenue
3801 Alder Avenue
3812 Alder Avenue
3920 Holly Brae Lane
3930 Holly Brae Lane
3940 Holly Brae Lane
3950 Molly Brae Lane
3955 Holly Brae Lane
SIZE
1.01 acres
1.15 acres
Single Lot
Single Lot
Single Lot
Single Lot
Single Lot
Single Lot
Single Lot
Single Lot
Single Lot
Single Lot
Single Lot
Single Lot
Single Lot
Single Lot
TOTAL:
EDU
2
3
1
1
1
1
1
1
1
1
1
1
,1
1
1
1
19
EXHIBIT "B"
+ e. 664
p=i.;n @E 4 r3 $-; 5 pu 5 E-: x. Cr
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STATE OF CALIFORNIA, )
COUNTY OF SAN DIEGO ) ss.
J I. . <;it) (:lt,rk <,t' tlrr. (;it?. I)( (::~I.I\I):~{I, (:oltllt>. of sat) I)it.go. St:lt(. (11 (::tlil()l Aletha L. Rautenkranz
~~(~lt~~~! cysr-til!. tl1;lt I 11;iua c~o~l~~x~~u~c~ t11(. forcbgoitlg c.o]q' \!,it11 tII(, origill;lI Resolution j191-111 ll;~.~~(~(l
;~(lol)t(~(~ 1)) s;lit\ (:it> (;olll~t~il. ;It . . . regular. . . . .. rllc,c.titlg tIl(>1.(>oI, ;It IIIO tilllcb ;1t1(1 I)? til(* v(lt(' 111~
,~:lt(s(l, \r,llic.l1 ()~~igil1:11 Resolution ji91-lllis ll()\v 011 fiI(3 ill 111) oIIicx.: tIlat III(* S;IIII<, (,ollt:tills ;I 11111.
;III(I ~'~JIT~YI tv;1llwt-iI)t tll(w~I~~(~t~~ ;III(I (11. IIK. \\IIOIC~ tll(n~ol.
\\'itll(,s< III!' Il;ItltI :~rltI tIt(..vh:lI (11 s:iitl (;it>. of (::II-ISI);I(I. tItis18th tI:1!. of April, 1991.
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RESOLUTION NO. 91-112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT TO ACQUIRE BMER IMPROVEMENTS AND MODIFY AN EXUTING NOTE AND PURCHASE AND
COVERT TWO PRIVATE SEWER EASEMENTS TO PUBLIC
EASEMENTS AS NECESSARY FOR THE CONSTRUCTION
OF THE HOLLY BRAE LANE - ALDER AVENUE SEWER
LINE
WHEREAS, the City Council of the City of Carlsbac
determined it necessary, desirable, and in the public interei
construct the Holly Brae - Alder Avenue sewer line, Projecl
3309,
WHEREAS, an agreement has been approved for acquis:
of a portion of an existing sewer line,
WHEREAS, two existing sewer easements have been sec
and converted to public use,
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitations are true and cor]
2. That the agreement for purchase of an exi!
sewer line and modification of an existing note have
approved and executed.
3. That two easements for the City's future I
line are hereby accepted and payment in the amount of $5,797
the Sewer Enterprise Fund is authorized.
4. That the City Clerk is authorized and direct'
have same recorded with the San Diego County Recorder's Of:
Following recordation of said documents, the City Cler
further authorized and directed to forward copies of
documents to the parties concerned.
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PASSED, APPROVED AND ADOPTED at a regular meetinc
3 the City Council of the City of Carlsbad, California, on tht
4 9th day of April , 1991 by the following vote
5
NOES: None 7
AYES: Council Members Lewis, Larson and Nygaard 6
wit:
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ABSENT: Council Members Kulchin and Stanton
ATTEST :
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15 ALETHA L. RAUTENKRANZ, City Clhrk
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RESOLUTION NO. 91-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING PLANS AND
SPECIFICATIONS AND AUTHORIZING THE CITY
CLERK TO ADVERTI8E FOR BIDS FOR THE
CONSTRUCTION OF THE HOLLY BRAE LANE - ALDER
AVENUE SEWER LINE, PROJECT No. 3309
WHEREAS, the City Council of the City of Carlsbad I
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construct the Holly Brae - Alder Avenue Sewer line, 8
determined it necessary, desirable, and in the public intere:
9 WHEREAS, the City Council of the City of Carlsbac
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- Alder Avenue main pursuant to the provisions of sec 12
establish a sewer main reimbursement fee for the Holly Brae 11
approved Resolution No. 91-111 adopting a plat ma
accepting two sewer easements necessary for the constructic 17
acquire sewer improvements and modify an existing note 16
approving an agreemer adopted Resolution No. 15
WHEREAS, the City Council of the City of Carlsbac 14
13.08.035 of the Carlsbad Municipal Code,
91-112
I.8 I the Holly Brae Lane - Alder Avenue sewer line,
19 I WHEREAS, plans and specifications for the furnishi
20 I all labor, materials, tools, equipment, transportation and (
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prepared and are on file in the Municipal Projects Departme: 22
expenses necessary or incidental for said project, have
the city of Carlsbad; and, 23
24 WHEREAS, funds in the amount of $225,000 are avai
in the Sewer Enterprise Fund Unreserved Retained Ear
account,
WHEREAS, property owners will participate and reim
the City for the project costs.
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NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitations are true and corr
2. That the plans and specifications as prese
are hereby approved.
3. That sewer enterprise funds of approxima
$225,000 are hereby appropriated from the Sewer Enterprise
Unreserved Retained Earnings account to the Holly Brae La
Alder Avenue sewer line construction project.
4. That the reimbursement plan by the property OM
to the sewer enterprise fund for the cost of the Holly Brae
- Alder Avenue sewer line has been approved.
5. That the City Clerk of the City of Carlsbz
hereby Authorized and directed to publish, in accordance
law, Notice to Contractors inviting bids for the constructic
the Holly Brae Lane - Alder Avenue sewer line.
PASSED, APPROVED AND ADOPTED at a regular meetir
the City Council of the City of Carlsbad, California, on tl
9th day of April , 1991 by the following votl
wit:
AYES: Council Members Lewis, Larson and Nygaard
NOES: None n
ABSENT; Council Members Kulchin an
ATTEST :
ALETHA L. RAUT
-, m e
" 207-063-30
207-063-25
207-063-24
207-063-1 0
207-1 80-03
207-063- 1 1
207-063- 12
LEGEND
Y'A PRIVATE SEWER EASEMENT
EXISTING SEWER MAIN
(CONSTRUCTED BY DOOSE) m PUBLIC SEWER EASEMENT
PROPOSED SEWER MAIN
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EXHIB
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AGREEMENT TO ACQUIRE SEWER
IMPROVEMENTS
AND
MODIFY EXISTING NOTE
BETWEEN
CAROL J. DOOSE
AND
THE CITY OF WBAD
JANUARY 11,1991
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AGREEMENT TO ACQUIRE SEWER
IMPROVEMENTS
AND
MODIFY EXISTING NOTE
This Agreement is made as of the -day of , 19-, by and betwee
CAROL J. DOOSE ("DOOSE") and the CITY OF CARLSBAD, California, a municip:
corporation ("CITY').
"- RECITALS:
A. DOOSE experienced a failure of the sewer septic system serving ht
residence located at 3940 Holly Brae Lane. Failure of the septic system caused a healt
emergency and the San Diego County Health Department was considering action to prever
further occupancy of the residence. DOOSE, a low income single parent, was unable 1
finance the cost of connecting her residence to the public sewer system. To eliminate tf
health emergency and prevent the eviction of the DOOSE family, CITY loaned DOOS
$23,550.00 of Community Development Block Grant funds, at three (3) per cent interes
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to finance construction of the required sewer improvements.
B. DOOSE is now the owner of underground sanitary sewe
improvements constructed in easements as shown in Exhibit A, attached hereto, anc
consisting of approximately 350 feet of six (6) inch sewer line and four(4) sewer acces
holes.
C. CITY desires to acquire the sewer improvements constructed E
DOOSE for the purpose of completing the installation of underground sanitary sewers i
serve DOOSE and other property owners on Alder Court and Holly Brae Lane.
D. The parties, in recognition of the foregoing, desire to enter into s
agreement whereby DOOSE shall agree to sell and CITY shall agree to buy the sew(
improvements on the terrns and conditions set forth herein.
NOW, THEREFORE, DOOSE and CITY hereby agree as follows:
1. Agreement to Acquire Sewer Improvements.
CITY agrees to acquire sewer improvements constructed by DOOSE as described in Exhil
"A", attached hereto, for the amount of twenty five thousand seven hundred and thirty fo
dollars ($25,734).
2. Payment of Sewer Connection Fee.
DOOSE agrees to pay a sewer connection fee not to exceed fifteen thousand doll:
($15,000) or a lesser amount as finally determined by the City Council for the Holly Br
Lane Sewer Improvement District.
3. Modification of Existing Note.
In lieu of cash payment for the sewer improvements described in Exhibit "A", CITY 2
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DOOSE agree to execute a Modification Agreement, attached hereto as Exhibit "B", whick
will modify the principal amount of that certain note for $23,550.00, dated June 15,1988,
executed by DOOSE and attached hereto as Exhibit 'tCt. The modification of the note shal
establish a new principal amount equal to the sewer connection fee established for the
Holly Brae Lane Sewer Improvement District by the Carlsbad City Council. The Ciq
further agrees to permit DOOSE to consolidate/refinance and to subordinate to a new firs
trust deed not to exceed $150,000. The City of Carlsbad will be placed and remain il
second trust deed position and conditions of that certain note shall remain the same.
4. Release and Waiver of claims.
Doose expressly waives and releases any claim or cause of action, that Doose may havf
of whatever type or nature, related to the acquisition of the sewer improvements, or rigk
of appeal against the City, it's employees, officers or agents, related to the City's acquisitio
of the sewer improvements, or any other claim arising out of the acquisition of the sewt
improvements. Doose agrees that the payment provided for in this agreement represen
complete, final and total compensation for all claims, reimbursements, dislocation (
relocation expenses or otherwise arising out of the acquisition of the sewer improvemen
described in Attachment "A".
5. Entire Agreement.
This Agreement and the items incorporated herein contain all of the agreements of tl
parties hereto with respect to the matters contained herein and no prior agreement
understanding pertaining to any such matter shall be effective for any purposes.
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6. Interpretation of Agreement.
This Agreement shall be construed as a whole and in accordance with its fair meaning
Captions and organization are for convenience and shall not be used in construin)
meaning. The language of this Agreement shall not be construed for or against &he:
party.
IN WITNESS WHEREOF, Doose and City have executed this Agreement a:
of the date first above written.
THE CITY OF CARLSBAD,
BY
AlTES:
ALETHA L. RAUTENKRANZ,
CAROL J. DOOSE .-
City Clerk
k)6&X/ED AS TO FORM:
u"-dLL,d VINCENT F. BIONDO, JR.
City Attorney 3/e/q t .
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3TfiTE OF CALIFORNIA
:OUNTY OF <l#/V ;$ / /%~
a I H /5-,/04/ a Notary Public in and for said S
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, (known tc
oroved to me on the basis of satisfactory evidencrt to be the person- whose name .I> subscribed tc
in instrument and acknowledged that ,sf!+.&
lted the same.
VESS ., my &.?'') hand and official &' yqal. LC5/.
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When recorded mail to:
CITY OF CARLSBAD I
1200 CARLSBAD VILLAGE DRLVE I
CARLSBAD, CA 92008 I I A?TN: CITYCLERK I I
I
(Space above for Recorder's use
MODIFICATION AGREEMENT
Loan No. City of Carlsbad, County of San Diel
California 9 19-
The undersigned requests that balance of the principal owing on that certain note
$23,550.00 dated JUNE 15, 1988, executed by CAROL JANE DOOSE, upon which thc
remains unpaid a principal balance of $23,550.00, upon which interest has accrued at :
percent per annum, said note being secured by a Trust Deed dated December 31, 19
recorded in the office of the County Recorder of San Diego County, California, in file #t
005756 recorded JANUARY 7, 1988 of Official Records, be modified so that said sum sE
be payable as follows:
The interest on this Note has accrued on an unpaid principal balance of $23,5!
from June 15, 1988 to the date of this agreement. The interest that has accrued the date of this agreement was paid when the City of Carlsbad acquired sev
improvements owned by CAROL JANE DOOSE, pursuant to the "AGREEMENT
ACQUIRE SEWER IMPROVEMENTS AND MODIFY EXISTING NOTE" dated
From the date of this agreement, interest shall accrue on a new principal balal
of this Note. This Note matures on June 15, 2003, or when title to the prope
changes, as defined in the original promissory note, on which date the en1
amount of unpaid principal balance and accrued interest shall be all due :
payable.
of $ at three percent per annum (3.0%) during the remaining te
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and in consideration of such modification, the undersigned, and those consenting theret
do hereby, without notice, waive presentment of said note to the maker, demand
payment, protest and notice of non-payment; expressly consent to delay or indulgence
enforcing payment or performance, to express extensions of the time of payment or
performance of the same, to partial releases of the property covered by said Trust Dee
to the release, surrender of substitutions of any collateral held or to be held as security f
said note, and to the acceptance of any type of further security for the payment of tl
same, all without affecting the liability of the undersigned. The pleading of any statute
limitations as a defense to any action or proceeding brought for the enforcement of any
the provisions hereof or of said note of said Trust Deed or other security is hereby waivl
to the full extent permissible by law.
All of the terms, covenants and conditions of said note and of said Trust Deed a1
other security, or either of them, including the assignment of rents, if any is contain
therein, are hereby confirmed, as extended, without change, waiver or impairment, and tl
agreement shall not create a novation. The terms, covenants and conditions of tl
agreement shall be cumulative to, and may be enforced by you independently
concurrently with any rights, remedies or powers of said note and of said Trust Deed
other security. Any and all securities for the obligations secured by said Trust Deed m
be enforced by you, at your option, concurrently or independently.
The premises covered by said Trust Deed are subject to no other lien
encumbrance nor has any person other than the undersigned any interest therein with t
following exceptions:
1. PROPERTY TAXES, including any assessments collected with taxes levied for t
fiscal year 1989-1990 which are a lien.
First installment: Open and delinquent
Second installment: Due and payable
2. PROPERTY TAXES, including any assessments collected with taxes levied for 1
fiscal year 1990-1991 which are a lien.
First installment: Open and delinquent
Second installment: Open
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3. A DEED OF TRUST to secure an indebtedness in the amount shown below, ar
any other obligations secured thereby:
Amount: $55,000.00
Dated: November 3, 1977
Trustor: Robert James Doose and Carol Jane Doose, husband and wi
Trustee: California General Mortgage Service, Inc., a Corporation
Beneficiary: San Diego Federal Savings and Loan Association, a Corporatic
Recorded: November 15, 1977 as File/Page No. 77-471175 of offici records.
4. A DEED OF TRUST to secure an indebtedness in the amount shown below, ax
any other obligations secured thereby:
Amount: $22,000.00
Dated: March 9, 1979
Trustor: Robert James Doose and Carol Jane Doose, husband and wif
as joint tenants
Trustee: United California Bank, a California Corporation
Beneficiary: United California Bank, a California Corporation
Recorded: March 23,1979 as File/Page No. 79-120126 of official recor
5. A DEED OF TRUST to secure an indebtedness in the amount shown below, a1
any other obligations secured thereby:
Amount: $23,550.00
Dated: December 31, 1987
Trustor: Carol Jane Doose, an unmarried person
Trustee: Continental Auxiliary Company, a California Corporation
Beneficiary: Bank of America National Trust and Savings Association,
Recorded: January 7,1988 as File/Page No. 88-005756 of official recor
An assignment of the beneficial interest under said Deed of Trust which names
As Assignee: The City of Carlsbad, a Municipal Corporation of the State
Recorded: January 7, 1988 as File/Page N:o. 88-005757 of offic:
Said instrument was made subordinate to the lien of the document or inter(
shown: As item no. 7 below.
National Banking Association
California
records
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6. AN ABSTRACT OF JUDGMENT for the amount shown below and any 0th
amounts due.
Debtor: Carol Doose
Creditor: Avco Financial Services of So. California, a Californ
Corporation
Date Entered: October 11, 1988
County: San Diego
Case No.: 05667
Amount : $354.51
Recorded: December 9, 1988 as File/Page No. 88-634018 of offic'
Attorney for Judgment Creditor: Avco Financial Services of So. California
court: Municipal
records
a Corporation
2020 Quail Street
Newport Beach, CA 92660
7. A deed of trust to secure an indebtedness in the amount shown below, and a
other obligations secured thereby:
Amount: $65,000.00
Dated: August 25, 1989
Trustor: Carol Jane Doose, an unmarried woman
Trustee: Cal-West Mortgage Company, a California corporation
Beneficiary: Deloss L. Mc Graw, trustee of the Mc Graw family trust dal
Recorded: September 5, 1989 as file/page no. 89-478173 of offic
June 3, 1975
records
Any married person who signs this Agreement as an individual maker hen
expressly agrees that recourse may be had against his or her separate property for all
the obligations herein mentioned.
This agreement shall not be effective until accepted in writing hereon by you,
shall thereupon be effective without any notice to the undersigned.
4
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ACCEPTED:
THE CITY OF CARLSBAD
BY
A?TEsT:
ALETHA L. RAUTENKRANZ,
CAROL J. DOOSE r. r; \ (" \ <A& l, \hrd!
-
City Clerk
APPROVED As TO FORM:
VINCENT F. BIONDO, JR. civL By: R, &,"
3/Bp 1.
LEGAL DESCRIPTION:
Lot 4 of HOLLY BRAE ESTATES, in the City of Carlsb;
County of San Diego, State of California, according to the M
thereof NO. 5524, filed in the Office of the Recorder of 5
Diego County, February 2, 1965.
PROPERTY ALSO KNOWN AS: 3940 HOLLY BRAE LANE, CARLSBAD, CA 92008
APN: 207-180-04
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STITE OF CALIFORNIA I
ss*/' c. . [.kt 4kbvh/a 1. "a Notary Public in and for said S~I
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, (known to m
wed to me on the basis of satisfactory evidence1 to be the person- whose name i a ~~b~~i~ to ti
instrument and acknowkdged that 5/4/- 1 SS the my same. ha, and official 3 LQ%!6' z .
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2432) (Thi,.rr.forolfieLl~uri.~~.l)
' ' p1 BANKOFAMERICA mL d 01 Rust Stra -
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00 NOT DESRQY THIS NOTE: When paid. this note. with Deed of Trust securing same, must be sunend
Trustee for canallation and retention, before ~ConveYafice will be made.
$ 23.550.00 Carlsbad , California, June 15
As sDecified below * after date, for value received, I promise t'
Bank of America NT & SA
+?????*+**++??*??**????*?**???**?***??*????4*?**??*??**?? ,or,
2550 ~1 Camino Real. Carlsbad. CA. 92008
thesum of Twentv Three Thousand Five Hundred Fifty and no/100 - DC
I wittr interest from /e until paid, at tl 1 ,?x percent per annum, payable ********s**f?+**t+??*?*?*?*??~
Should intenst not be 50 paid, it shall thereafter bear like interest as the principal, but such unpaid intere
pounded shall not exceed an amount equal to simple interest on the unpaid principal at the maximum rate pel
law. Should default be made in payment of interest when due the whole sum of principal and interest shi
immediately due at the option of the holder of this note. Principal and interest payable in lawful money of 1
States. If action be instituted on this note I promise to pay such sum as the Court may fix as attorney's fees.
is secured by a DEED OF TRUST of even date herewith to BANK OF AMERICA NATIONAL TRUST AND
ASSOCIATION, a National Banking Association.
Said sum shall be due and payable in full upon transfer o: perty identified in the Deed of Trust securing this note, debtedness existing with regard to the property as of the d; is refinanced, said sum shall be due and payable in full at of such refinancing,
Interest shall accrue at the rate of 3% durtng the term of
AS used herein, the term "transfer" shall mean the sale or vegance of the property but shall not include the situation demise of a spouse results in the other spouse receiving bg full title in the property after having held the property a
ity property. (Continuance of terms on
1
Esc-1s sa - -. - -. " - -
EXtlIRIT "C"
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The term "refinance" shall mean only the situation where existing
indebtedness, as specified above, is Paid off and a new loan is mac
in place of the said indebtedness- In the event no transfer or re-
financing OCCWS within Pifteen (15) Years, this note shall be ad come due and pay ble in full.
INITIAL x &
We hereby assign this note
to City of Carlsbad
without recourse
Office Carlsbad El Camin0 Real-
Authorized Signature.&-&
mie Schrc
* Bank of America, NT h SA
National Trust and Savings Association
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-- The term "refinance" shall mean only the situation where existing .- indebtedness, as specified above, is paid off and a new loan is ma - In place of the said indebtedness- In the event no transfer or re' financing occurs within Fifteen (15) Years s thls note shall be and
come due and pay ble in full-
INITIAL x C. .ti?%
We hereby assign this note Office Carlsbad El Camino Real to city of Carlsbad Authorized Signatup 2 f
without recourse l.siim& FSO
0 Bank of America, NT & SA National Trust and Savings AmCiatLon
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.r WEEN RECORDED =I& To
City of Carlabad City Clerk 1200 Carlsbad Village Drive Carlabad, CA 92008
RECORDED AT REQUEST OF UTILITIES &-MAINTENANCE DEPARTMENT
NO FEE REQUIRED PER
GOVERNMENT CODE SECTION 6103
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RBCQRDER'B BPACE
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GRANT OF EASEMENT
Parcel No. 207-1BD-05
The undersigned, Robert J, and Jane S. Kil'.ian
Grantee, receipt whereof is hereby acknowledged. does kreby grant to said City of Carlsbad, its successors and assigns. an as Grantor, for a valuable consideration paid by City of Carlsbad. A Uunicipal Corporation. as
easement of right of way 15 feet in width, upon, over, under. and across the lands hereinafter described. to erect, construct, reconstruct, replace. repair. maintain and use a pipeline or pipelines for any and all purposes, together with their necessary fixtures and appurtenances including but not limited to conduits and cables for camunication purposes, at such locations and elevations, upon, along, over and under the hereinafter described right of way as Grantee may now or hereafter deem convenient and necessary fm tim to tim. together with the right of ingress thereto and egress therefrom, to and along said right of way by a practical route or routes in, upon, over and across the hereinafter described lands. together with the right to clear and keep clear said right of way fmn buildings and structures. The lands in which said easenent of right of way is hereby granted am situated in the County of San Oiego, State of California, and are particularly described as follows. to wit:
Sea Legal Description attached hereto aa Exhibit -Am.
All. as -re particularly M m 8 mp at- as Miblt 3"-
building, structure or parallel fencing, plant any tree or tms. or drill any well or wells,. within the limits of said right Grantor and their successors in estate shall not erect or construct, or pennit to be erected or constructed, any
of way. Grantee shall have the right to erect. maintain and use gates in all of Grantor's fences which now cross or shall hereafter cross said route or routes. and trim and cut and clear away any trees and brush whenever in its judgment the same shall be necessary for the convenient and safe exercise of the rights hereby granted, th right to transfer and assign this
easement in whole or in part being hereby granted to the Grantee. It is also understood and agreed by the psrttes hereto that the Grantor and their successors or assigns. shall not
of way. existing at the tlm this docunent is executed, without the previous written consent of the Grantee. increase of decrease, or permit to be increased or decreased, the existing ground elevations of the above described right
IN &NESS UHEREOF. the Grantor(s) executed this form this &%&day of % , 19B.
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. RO8ERT J.' KIL.IA&' .' I
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Notaries: Use proper form on back
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An easement for smr lateral plrposes only ,over that portion of bt
Carlsbad, county of San Diego, State of California filed in the Off ic
of the ' bty Recorder of San -Diego Counq February 2, 1965 -re parr larly described as follows: .
Southerlx line of said kt 5, North 81°49'00" West, 5.82 feet; thew North 31 19'30" West, 225.98 feet to the Northerly line of said ht j thence along said Northerly line Smth 68'01' 12'' East, 25 . 10 feet; thence South 31°19'30" East, 185.71 feet to the Easterly line of sa5 Lm 5; thence along said Easterly line sauth 07°32'38'' East 26.06 fe
of HDLLY BRAE ESTATES according to Map thereof No. 5524, in the City
e, I. - .-.
. Beginning at the Southeast corner of said ht 5; thence along the
to the point of beginning.
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I' city of carl-ad City Clark
carlabab, a 92008
RECORDED AT REQUEST OF
UTILITIES h MAINTENANCE DEPARTMENT
NO FEE REQUIRED PER GOVERNMENT CODE SECTION 6103
1200 Carlebad Villagr Drive
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The undersigned, w and v
as Grantor, for a valuable consi&ration paid by City of Carlabad, A Municipal Corporation. Grantee, receipt whereof is hereby acknouledged. does hereby grant to said City of Carlsbad. its successors and assigns, easement of right of way 15 feet in width. upon, over, under, and across the lands hereinafter described, to erf construct, reconstruct, replace, repair, mintain and use a pipeline or pipelines for any and all purposes, together I their necessary f ixtures and appurtenances including but not limited to Conduits and cables for camunication purposes, such locations and elevations, upon, along, over and under the hereinafter described right of way as Grantee may ncr hereafter &ern convenient and necessary fm time to tlm. together with the right of ingress thereto and egress therefr to and along said right of way by a practical route or routes in, upon. over and across tha hereinafter described 181 together with th right to clear and ksep clear said right of way fm buildings and structures.
Californi6. and are particularly dascribd as follcn. to wit: The lands in which said easement of right of way it hereby granted are rituated in the County of San Diego. Stat1
Sm Legal Darcrlptim at- hermto u ExhibSt -Ao.
All, aa ma particularly * on a pp attactmd imre to u Mibit T.
building. structure or parallel fencing, plant any tree or trms. or drill anynll or wlls, within the linits of said ri of way. Grantee shall have the rlght to erect. maintain and use gates in all of Grantor's femes which nm cross or 5h hereafter cross said route or routes. and trim and cut and clear away my tms and brush whanever in its judgment the s
easement in whole or in part being hereby granted to the Grantee. shall be necessary for the convenient and safe exercise of the rights hereby granted, tha right to ttansfcr and assign t
of way, existing at the tlm thts docraant is executed. wtthout the previous witten consent of the Grantee. increase of decrease, or penit to be increased or decreased, the existing gmd slevations of the above described ris
IN YITNESS UHEREOF. the Grantor(s) executed thia foru this l6 day of h L , 19&.
Grantor and their successors in estate shall not emt or construct, or pmit to be erected or constructed.
It is also understood and agreed by the parties hereto that the Grantor ad their successors or assigns, shall
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Notariea: Use proF?r fom on back
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An easement for sewer lateral purposes only over that portion Lot 7 of HOLLY BRAE ESTATES accordinq to Map mereof No. 5524
the City of Carlsbad, County of San Diego, State of Califon filed in the Office of the County Recorder of San Diego COUr February 2, 1965 more particularly described as follows:
Beginning at the southwest corner of said Lot 7; thence along t
Southerly line ,of said Lot 7, South 81° 49 9 00" East, 50.00 fee thence North 08' 11' 00" East, 15.00 feet; thence North 810 4 West, 54.22 feet to the Westerly line of said Lot 7; thence alc said Westerly line, South 07O 32 @ 38'' East, 15.58 feet to the TI;
POINT OF BEGXNNING,
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