HomeMy WebLinkAbout; Carlsbad Investment Corporation; 75-042476; Future Improvement Agreement/Release1 .d
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RECORD ING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1
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Cily of Carlsbad
1200 Elm Avenue
Carl sbad, CA gzoo8 >
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OFFICIAL RECORDS SAN DIEGO COUNTY. CALIF. HARLEY F. BLOOCI RECORDER
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City of Carlsbad
'parcel No. 156-180-10
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CONTRACT FOR ‘FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and Carlsbad Investment
Corporation, a California corporation hereinafter referred to as “Proper-
ty Owner”.
RECITALS:
W-HEREAS, Property Owner has applied to City for a parcel map
approval (Parcel Split No. 259 - OakAve.)
. 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 woul
suitable for development if certain pub1 ic improvements hereinafter
described are constructed and certain irrevocab1.e offers of dedicati
ai-e made to City; and
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WHEREAS, the Municipal Code of City and City Engineer’s tentative
parcel split approval letter dated 10 February 1975,
attached hereto and incorporated by reference herein require certain
improvements and dedications as a condition of approval of’ this
parcel map ; and
I WHEREAS., Property Owner has requested said parcel map
be granted by City in advance of the t.ime said. improvements are to be
made; and
I WHEREAS, Property Ovrner, ir cons idcrst ion of the approva 1 of
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said parcel map 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 r
of dedication made by Property Owner for parcel map approval (Parcel
Split No. 259 - Oak Ave.). .
Section 2. That Property Owner, in lieu of making the herein-
after described improvements before approval of said parcel map
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 10 February 1976 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 requi red to be made sooner than said date or such
extended period of time which- may hav.e been granted by City:
(a) When the City Counci 1 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 spec.ifications..
(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 pet it ioned the City to form an
improvement district for the improvement of said Streets.
Said improvements shall be made without cost or expense to 4 ’
City. City estimates that the cost of engineering and construction of
said improvements at the time of signing this cbntract is $i,934.25. .
Property Owner hereby acknowledges that said cost is a reasonable
estimate oY 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
plus any future increases
increased engineering and
Owner, his successors, he
described property in the amount of $2,934.25, .
of cost in excess of this sum resu 1 t i ng from
construction costs, and in the
i rs, assig,ns, or transferees fa
and construct said improvements in the manner and within
event Property
il to install
the time speci-
fied herein, ‘he agrees that City may do any or a.1 1 of the following: .
(a) Have the necessary engineering for said improvements
done, and install and construct said improvements by contract or other-
wise. City or its contractor and his employees may enter upon any
port ion or port ions of the property reasonably necessary for said
engineering and construction, and the ent i re cost and expense shal 1 be
charged against said property and payable by said Property Owner, his
successors, hei rs., ass igns, or transferees immediately upon completion
of said .improvements. ,ln 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 required to install’and construct said improve-
ments, and foreclose said lien in said amount.
(c) Pursue any remedy, legal or equitable (including those I
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 sai’d 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 t.rust 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 lien of any such purchase money mortgage or
purchase money deed of trust. The lien he’reby created shall likewise be
of no force or effect against any owner whose tit lc to the property here-
inafter described is acqu i red by or as a result of a foreclosure or
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trustees’ sale of any such purchase
deed of trust.
Sect ion 5. That at any t ime during the ‘period herein provided,
. the Property Owner, his successor,s, 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 ca’sh 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.
money mortgage or purchase money
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 o.r 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 1 iabi 1 it ies 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 trans’ferees, 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 traveli,ng
public of any dangerous or defective conditions of pub1 ic property. The
Property Owner hereby agrees to pay for such inspection of improvements I
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 suc%essors, heirs, (4)
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ass igns, and transferees of Property Owner,. shall run with sa id real
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 l-ien is imposed is described as follows:
That portion of Tract No. 115 of Carlsbad, in the City of Carlsbad,
County of San Diego, State of California, according to amended Map 7
of the Town of Carlsbad, Map No. 775, filed in the office of County
Recorder of San Diego County, February.'l5, 1894, described as follows: . Commencing at the point of intersection of the Southeasterly line
of said tract with the East line of said tract, being the most
Southerly corner of the parcel of land described in the deed to
William Kreutzkamp dated February 25, 1924 and recorded in Book
1253, page 425 of Deeds, records of San Diego County; thence South
55O27' West along the Southeasterly line of said Tract.70.99 feet
to the true point of beginning; thence South'55°27' West 70.00
feet to a point on the boundary of said tract, which is also the
most Easterly corner of a parcel of land deeded to-William L. Ramsey
and Elizabeth M, Ramsey by deed recorded June 23, 1947 in Book 2426, . .
page 291 of Official Records; thence North 34O33' West along the
boundary line of said Ramsey parcel 107.15 feet; thence North 55O27'
East 70.00 feet; thence South 34O33' East 107.15 feet to the true
point of beginning.
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Section 10. The required improvements to be constructed and
the estimated costs thereof are as follows:
Improvements Estimated Costs
1.
2.
3.
Engineering $ 450.00
Full % street improvements, including but not limited to, pavement removal and grading, in- stallation of curb, gutters, sidewalks, A.C. paving (2%" on 6" min.), driveway approach, street lighting and street trees along 70 feet of frontage on Oak Ave. 2,217.50 Estimated engineering & construction cost 2,667.50
contingencies (10%) 266.75 ----
TOTAL COST ‘y$!g~~~ @ ,5 - _a,. L. .'~' ., *.a
Dated: a-/j-Tg
Secretary
CITY OF CARLSBAD, a Municipal Corporation of the State of Calif&rplrS
d APPROVED AS TO FORM:
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(Corporation)
STATE OF CALIFORNIA .
COUNTY OF S’=fi D \C?ci a > ss. / 1‘ On be b tU > v- v / 1 , ) Y 7-C before me, the undersigned, a Notary Public in and for said
State, personally appeare ---I&&@ r+ L. 1_1) ---km c --9
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known to me to be the President, &
e of the corporal knllwn tn me trl he the persont who executed the within In~tnuncnt on hehalf of the curporatinn therein named. and acknllwlerlgcd to me that such rorpnration exccxtcd rhe within instrunlvnt pursuant to its by-laws or a resulution of its b~~artl of directors.
WITNESS my t$nd and oflicial seal.
Signature
C*. \Vtq\n\7a 3 Name (Typed or Frinted)
0 !rI
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.ion that executed the within Instrument.
(Thl& .rm Ior 0mci4 notarial *rIPI)
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1200 ELM AVENUE
CAZLSBAD, CALIFORMA 92008
TECIZPHOHE:
(714) 729.1181
February 10, 1975
Car&bad Investment Corp. P.O. Box 275
Carlsbad, CA 92008
Attn: R.L. Watson, Sr.
Subject: Proposed Parcel Split No. 259 .- Oak Ave. (Wayside Inn parking lot)
Dear Sir:
The tentative map of proposed parcel split no. 259 is .hereby approved subject to the following conditions:
1. Applicant shall install f&&I. % strtit imp~ve~~&~ts on all. street frontage. A future street improve6ent agreement may be acceptable in lieu of immediate installation of these improvements. 2. All required fees and deposits shall be paid prior to final map recordation (sea attached list). 3. Tentative map approval shall expire one (1) year from this date if final map has not been recorded.
l!WTZ: Approval of a zonechan~akad specific plan far: the confiqaration of Paresi 3, of this prap&&d par-1 map is required prior to issuance of'any construction permits.
very truly yours,
City Eng&eer TCF/RMc/de cc: Wm. E. Billings
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FEES & DEPOSITS
PS #259 R.L. Watson, Sr.
1. final map filing and plan check fee $29.00
2. printing and reproduction deposit 50.00
Oak Ave.
NOTE: street trees, street light energy and any other cost involving construction of street improvements will be covered by the future improvement agreement.
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