HomeMy WebLinkAbout; Chappee, Eugene & Margaret; 76-008588; Future Improvement Agreement/Releasec
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FILSiPAGE HO.
RECORDING REQUESTED BY AND ) BOQA I.976
WHEN RECORDED MA IL TO:
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RECONlED~~ECd!ESTQf
f&&hITY ClEt& ’
City or Carisbad
1200 Elm Avenue ; hN Ii! 10 2s AM% +
Carl sbad, CA 92008 >.
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Ci-i-iCM:L.RECOROS SAN iXE%l CQUHTY,CALV. HatitEY F.f3LOOH
---...A, RECOROER :~. r ; I," p .-,_,
Space above this 1 ine for Recorder’s- .
use
Dockmentarv .transfer tax: , $No fee
S igna@ re of dec larant determi ni ng tax- f i rm name
City of Carlsbad
‘Parcel No. 214-160-28
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and Eugene C. Chappee
and Margaret M. Chappee
ty Owner”,
RECITALS:
, hereinafter referred to as “Pt-oper-
WHEREAS, Property Owner has applied to City for a parcel map
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approval (Parcel Split No. 121 - Nort-h of Ponto Drive) .
for t,he real propert.y hereinafter described, now under Property Owner
ownership; and
WHEREAS, it has been found that said property is not suitab
for development in its present condition, however said property would
suitable for development if certain pub1 ic improvements hereinafter
le
be
described are constructed and certain irrevocab1.e offers of dedication
ai-e made to City; and
WHEREAS, the Municipal Code of City and Planning Commission
Resol ut ion No. 1135 as approved on 11 February, 1975
dttached hereto and incorporated by reference herein require certain
improvements and dedications as a condition of app‘roval of this
parcel map ; and
WHEREAS., Property Owner has requested said parcel map
be granted by City in advance of the t.ime said.improvem&nts are to be
made; and
WHEREAS, Property Owner, irl consideration of the approval of
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sa id 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
construct ion;
NOW, THEREFORE, IT IS AGREED between the parties hereto as
follows:
Section 1. That City agrees to record any irrevocable offers I
of dedication made by Property Owner for parcel map approval (Parcel
Split No. 121 - North of Ponto Drive). .
Sect ion 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, sa id 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 required to make
said improvements ‘before 1 July, 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 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, betweep 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 spec4fications. .
(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 $5’,290.00 .
Property Owner hereby acknowledges that said cost is a reasonable
estimate of 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 described property in the amount of $5,290.00, .
plus any future increases of cost in excess of this sum resulting from
.
increased engineering and construction costs, and in the event Property
Owner, his successors, heirs, assig,ns, or transferees fai 1 to install
and construct said improvements in the manner and within the time speci-
fied herein, ‘he agrees that City may do any or a,11 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
portion or portions of the property reasonably necessary for said
engineering and construction, and the entire cost and expense shal 1 be
charged against said property and payable by said Property Owner, his
successors, heirs,, assigns, or transferees immediately upon completion
of sa id .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 the City Engineer to estimate the cost of necessary
eng i neer i-ng , and the work required to install’and construct said improve-
merits, 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 said 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 or purchase money deed of trust 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 title to the property here-
inafter described is acquit-cd by or as a result of a foreclosure or
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trustees’ sale of any such purchase money mortgage or
deed of trust.
Sect ion 5. That at any time during the’per iod herein prov ided,
purchase money
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 t.he C.ity Engineer,
and that upon deposit of said cash or posting of said bond the City
agrees to release the property, or any port ion 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 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 i 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 ities 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; hei.rs, 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
p‘atent or patented article in the construction of said improvements.
Section 7. It’ is further agreed that said Property Owner wi 11 m
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 public property. The
Property Owner hereby agrees to pay for such inspection of improvements
as may be required by the City Engineer of City.
shall be b
Sect ion 8. This
i nd i ncl upon and i
agreement and the covenants contained herein
nut-c to the bencf i t of the successors, hei t-s,
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assigns, and transferees of Property Owner,. shall run with said 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 lien is imposed is described as follows:
The southerly 200.00 feet of that portion of the south two-thirds of Lot 4 of Section 29, Township 12 South, Range 4 West, San Bernar- dino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the United States Government Survey approved October 25, 1875, described as follows:
Commencing at the intersection of the south line of said Section
. 29, with the westerly line of the abandoned portion of the Atchison, Topeka and Santa Fe Railway Company's (formerly the California Rail- way Company) right of way across the south two-thirds of said Lot 4, said point being distant along said southerly line North 89°49'OO" West 209.69 feet from the southeast corner of said Section 29; thence along the westerly line of said abandoned railroad right of way, North 4O40'18" West to the northerly line of said south two-thirds of Lot 4, being the south line of land conveyed to Herbert J. Estes by deed recorded December 3, 1936 in Book 600, page 65 of Official Records; thence retracing South 4O40'18" East 200.00 feet to a point which bears South 89O40'18" East from the northeasterly corner of land described in Parcel No. lin deed to Bruce B. Kesner, et ux, recorded March 3, 1961 as File No. 38987; said point being the TRUE POINT OF BEGINNING: thence continuing along the westerly line of said abandoned right of way South 4O40'18" East 400.00 feet; thence South 89O40'18" East 200.00 feet to the easterly line of said abandoned right of way: thence along said easterly line North 4O40'18" West 400,OO feet to a point which bears South 89O40'18" East from the true point of beginning; thence North 89O40"18" West 200.00 feet to the TRUE POINT OF BEGINNING." .
Section 9.1. It is expressly agreed that it is not the
intention of the parties hereto that this Agreement confer any
rights or benefits whatsoever upon any third parties including,
but not limited to, the owners, their heirs , successors and assigns
of the northerly two hundred feet of the parcel described in
Section 9.1 hereinabove. (Assessor's Parcel #214-160-29). l
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Section 10. The requi red improvements ‘to be constructed and
the estimated costs thereof are as follows:
I-mprovenientz Estimated Costs
. - 1 . Engineering construction staking $ 250.00
;: 260 1 in. ft 8" AC water main 2;340.00
Fi re hydrant G appurtenances 1 ,ooo.go
4. 8" valve gate 250.00
2: Water Connection service to existing main 750.00 200.00
CMWD charges (estimated) 7. 500.00
TOTAL COST $5,290.00
Dated: January 6, 1976.
promises herein contained, and agree
to said lien imposed.
NOT APPLtCABLE
TransfeEe of port ion of said property
: . .
STATE OF CAL I FORNtA )
~~~?~~i~!ZY~i~orpora-
. , City Manager
1 ss.
COUNTY OF SAN Dt EGO )
On CLdkA Q.w7b before me the undersigned, a
Notary Public it# and’ fbr said State, pirsonally 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.
Notary Pub1 ic
APPROVED AS TO FORM:
Vincent FYBiondo, Jr.
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1 I \ \ My COMMISS -err-d-.
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1979 j
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City Attorney
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* a. (Notarial acknowledgement of execution of owners must be attached).
TO 447 c
(Individual) 415 0 TI
STATE OF CALIFORNIA San Di&o COUNTY OF > SS.
t
On January 6, 1976 before me, the undersigned, a Notary Public in and for said
State, personally appeared Euqene C .-Chappee and Margaret M. a
ii :. 1 9
!l!i , known to me
9 to be the person s whose name s are subscribed
nowledged that they
Name (Typed or Printed)
(This area far ofltcld notarial real)
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PLANNING COMMISSION RESOLUTION NO. 1135 -.-__
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, CONCERNING A. REQUEST THAT
CITY COUNCIL RESOLUTION NO. 3053 APPROVING A CONDITIONAL
USE PERMIT BE AMENDED TO ALLOW APPLICANT TO ENTER
INTO A FUTURE IMPROVEMENT AGREEMENT GUARANTEEING
INSTALLATION OF THE HYDRANT AND WATER MAIN ON PROPERTY
LOCATED NORTHERLY OF PONTO ROAD AND EASTERLY OF
CARLSBAD BOULEVARD. CASE NO. CUP-64(A), APPLICANT:
EUGENE C. CHAPPEE
WHEREAS, a verified application for a certain property, to wit:
All that portion of the south two-thirds of Lot.4 of Section 29,
Township 12 South, Range 4 West, San Bernardino Meridian, in
the County of San Diego, State of California;
has been fifed with the City of Carlsbad and referred to.the P!apning Comissior
and,
WHEREAS, said tieriiied application constitutes a.request as provided by
TitJe 2J of the “Carlsbad Municipal Code”; and
WHEREAS, the public hearing was held at the time and in the place specified
in said notice on February 11, 1975; and
WHEREAS, the applicant has complied with the Public Facility Policy’of the
City of Carlsbad and has provided the necessary information which insures Public
Facilities will be available and current with ne&l; and
WHEREAS, the subject application has comp'lied with the requirements of the -.-.
City of Carlsbad ."EnvironmentaJ Protection Ordinance of 1972". The project ias
originally submitted to the City prior to CEQA requirements being applied to
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private discr.etionary acts. CEQA guidelines state that no env<ronmental review
is necessary for an ongoing project, providing that the use does not expand or . . i. ’ .
increase in intensity; . * '1
WHEREAS, at said public hearing, upon hearing and considering the testimony
and arguments, if any, of all persons who.desired to be heard,, said Comission
considered all ,factors relating to the Conditional Use Permit Amendment,.'.
NOW, THEREFOPE, BE IT RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the above recitations ar,e true and correct.
8) That a Conditional Use.Pemit Amendment be approved to allow % applicant to enter into a future improvement agreement guaranteeing
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installation of the hydrant and water main on property located
northerly of Ponto Road and easterly of Carlsbad Boulevard, and the conditions will now read:
1) That a future street improvement agreement between the City of
Carlsbad and the applicant be entered into covering the total
westerly front of Parcel No. 16.
2) The applicant shall enter into a future agreement with the City
and the Carlsbad Municipal Water District to install a water main
and fire hydrant in a manner acceptable to the City Fire Chief,
3). The height limitation of stacked material from ground level not
.exceed twenty feet, as agreed by the applicant.
4) The landscaping on the northeasterly boundary be accomp]ished‘for
screening purposes as agreed by the applicant, and subject to the City's Environmental Protection Ordinance.
51 The approval of applicant's request be subject to the resolution
of a parcel split of subject property. .
PASSED, APPROVED AND ADOPTED at.a regular meeting of the City of Carlrbad
Planning Ctiission held on February 11, 1975 by the following vote, to wit:
AYES: Commissioners Casler, Dominguet, Fikes, Jose, L'Heureux, Watson,
Wrench
NOES: None
ABSENT: None :
ABSTAIN: None.
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Gary Wrench,.Chairman . .
ATTEST: ' I - .
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Donald A. Agatep, Secretary I . .^ . . - --
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