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Home My WebLink AboutADJ 132; Kubota, Jack & Patricia; 78-090945; Future Improvement Agreement/Releasecity of Cdrl?bail 1 2. !! !! E 1 m A v e rl LI t3 i:s:-1 shad, CA ~2008 1 i / 7 flWPAGE I ‘8+@0945 -.- ---- &XT . . . . . RCCORoEo REQuEsr OF ‘.- MD TITLE CD. WWL M AR 0 8 &MI BMW -~-- ---=- .” 0FflclM REf!mn!c -- / Spa-ce above this line for Recorder’s use Documenta ry t rans fer tax: $No fee --7--- j+vL. S lynatut-e of beclarant de.termininq tax- CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS --___ THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter re-ferred to as “City’;, and JACK Y. KUBOTA AND PATRICIA R. KUBOTA, husband and wife , hereinafter referred to as “Proper- as joint tenants ty Owne t-l’. RECITALS: WHEREAS, Proper Adjustment Plat No. 132 y Owner has applied to City for a Lot Line 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 improv,ements hereinafter described are constructed and certain irrevocable offers of dedication are made to City; and ,, ’ I. ‘,_ \ ., 1 ’ , ‘. WHEREAS, the Yunicipal Code of City, Section 20.36.060, provides the City Engineer may require certain improvements and dedi- cations as a condition of approval of this adjustment plat; and WHEREAS, Property Owner has requested said adjustment plat be granted by City in advance of the time said improvements made: and WHEREAS, Property Owner, in consideration of the (1) are to be approval of . .i said Adjustment Plat desires to enter into this agree:~lcnt 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 betwee,n the parties hereto as follows: Section 1. That City agrees to record any irrevocable offers of dedication made by Property Owner for Lot Line Adjustment Plat No. 132. Sect ion 2. That Property Owner, in lieu of making the herein- after described improvements before approval of said Adjustment Plat ' is granted, agrees to install 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 March 15, 1979 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 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. r (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 $5,515.00 , Property Owner hereby acknowledges that said cost is a -reasonable estimate of engineering and cdnstruction 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) 457 and covenants herein contained, Property Owner hereby grants- to City a . lien upon the hereinafter described property in the amount of $5,515.00, plus any future increases of cost in excess of this sum resulting from increa.sed engineering and construct’ion costs, and in the event Property Owner, his successors, heirs, assigns, or- transferees fail to install and construct said improvements in the manner and wi.thin the time speci- c f ied herein, he agrees that City may do any or all of the following: (a) Have the necessary engineering for said improvements done, and instal 1 and construct said improvements by cant ract or other- wise, City or its contractor and his employees may enter upon any ions of the property reasonab 1 portion or port engineering and charged against const ruct ion, and the entire said property and payable by y necessary for said cost and expense shal I be 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 completion, City may foreclose said lien as provided by law for the foreclosure of mortgages. (b) Direct th e City Engineer to estimate the cost of necessary eng i neer i ng, and the work required to install and construct said improve- ments, and fdreclose 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 success6rs, heirs, assigns, and transferees, shall be liable for reasonable attorney’s fees as a cost in said p’roceedings. Sect ion 4. That it is agreed that anything herein contained to the contrary notwithstanding, the promises and tovenants made herein shall not be binding upon the holders, mortgagees, or beneficiaries of any purchase money mortgage orpurchasemoney deed of trust for value !\!hich 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 suboidinated to and declared to be inferior and subsequent in lien to 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 hcrc- inafter described is acquired by or as a result of a foreclosure or (3) *‘, r , - . ’ :~ 458 trustees’ sale of any such purchase money mortgage or purchase money deed 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 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 pro- perty to be released from the lien herein imposed. Sect ion 6. Said City shall not, nor shal 1 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 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 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 liabilities 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 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 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 bindinq upon and inure to the benefit of the successors, heirs, (4) 459 assigns, and transferees of Property Owner, shall run w ith said rea 1 property, and create an equitable servitude upon said real property. Sect ion 9. A description of the property referred to herein and upon which said lien is imposed is described as follows: That portion of Lot 4 in Section 31, Township 11 South, Range 4 West, San Bernardino Meridian,in the City of Carlsbad, County of San Siego, State of California, according to official plat thereof, described as follows: Commencing at the southeast corner of said Lot 4; running thence North along the East line thereof; 273.55 feet to the northeasterly corner of the land described in deed to Jackson P. Nicholson and Bertha M. Nicholson, husband and wife, filed in the office of th-e County Recorder of San Diego County, June 27, 1947 as Document No. 66518; thence continuing northerly along said East line of said Lot 4, 386.28 feet, more or less, to the center line of Road Survey No. 316; thence along said center line North 89'25'51" West (North 89"58'27" West, Deed) 160.28 feet to the north- east corner of land described in deed to Henry C. Sauer, et ux, recorded in Book 2359, Page 61 of official records; thence South 00'36'39" West (South OO"O4'03" West, Deed) 30.00 feet to the southerly right of way line of Las Flores Drive and the TRUE POINT OF BEGINNING; thence continuing South 00'36'39" West 225.00 feet; thence South 89'25'51" East 103.58 feet; thence North 00'32'43" East 207.97 feet; thence North 44"56'27" West 24.30 feet to a point on the southerly.right of way line of Las Flores Drive that is South 89'25'51" East 85.99 feet from the TRUE POINT OF BEGINNING; thence North 89'25'51" West 85.99 feet to the TRUE POINT OF BEGINNING; AND; in addition, :: That portion of Lot 4 in Section 31, Township 11 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to official plat thereof, described as follows: Commencing at the southeast corner of said Lot 4; running thence North along the East line thereof; 273.55 feet to the northeasterly corner of the land described in deed to Jackson P. Nicholson and Bertha M. Nicholson; husband and wife, filed in the office of the County Recorder of San Diego County, June 27, 1947 as Document No. 66518; thence continuing northerly along said East line of said Lot 4, 386.28 feet, more or less, to the center line of Road Survey No. 316; thence along said center line North 89'25'51" West (North 89'58'27" West, Deed) 160.28 feet to the northeast corner of land described in the deed to Henry C. Sauer, et ux, recorded in Book 2359, Page 61 of official records; thence South 00'36'39" West (South 00'04'03" West, Deed) 255.00 feet to the TRUE POINT OF BEGINNING; thence continuing South 00'36'39" West 120.92 feet; thence North 89'21'23" West 51.71 feet to a point on the northeasterly right of way line of State of California XI-SD-5 Freeway; thence South 21"40'16" East 75.67 feet along said northeasterly right of way line to the northwest corner of Parcel "A" of Parcel Map No. 720; thence South 89"21'23" East 122.64 feet to the north- east corner of said Parcel "A" and the westerly right of way line of Pio Pica; thence North 01'58'30" East 167.45 feet to an angle point in'said westerly right of way line; thence North 00'32'43" East 23.64 feet to a point that is South 89'25'51" East 103.58 feet from the TRUE POINT OF BEGINNING; thence North 89'25'51" West 103.58 feet to the TRUE POINT OF BEGINNING. xx xx xx xx xx (5) xx . . _ ,.. 460 Section 10. The required improvements to be constructed and the estimated costs thereof are as follows: Improvements Estimated Costs 1. 4" P.C.C. Sidewalk _ (1995 s.f.) $2,095 2. Ornamental street light ( 2 ea. ) 2,200 3. Wheelchair Ramp (- 1 ea. ) 500 4.. Engineering & Contingencies 15% 720 +.~A Dated: TOTAL COST $5,515 CITY OF CARLSBAD, a Municipal f;:N . --yM,i,,. I STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On 3yl aA.da /9.7&-- before me the undersigned, a Notary Public in and for sa5.d State, peisonally appeared Paul D. Bussey, , 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, and acknowledged to me that such City of Carlsbad,‘California, executed the same. WITNESS my hand and official seal. . APPROVED AS TO FORM: . (Notarial acknowledgement of execution of owners must be attached). . . -6- ~~T~o,CA%fiRtwego > ss. On Fmary 24, 1918 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jack Y. Kubota and Patricia R. Kubota , known to me to be the person- S whose nam -subscribed to the within instrument and acknowledged that they executed the , same. FOR NOTARY SEAL OR STAMP E. LYP11:IE RIEMER 1 NOTA?‘? :?:;?‘.iC C-LIFCRNIA = pR’N#;:’ ‘.f- :):‘-;,Ti: IN B c&p: “,T’i; 2 (3’;.;NTy g