HomeMy WebLinkAbout; Charnholm, James and Johnston, Harriet; 75-188454; Future Improvement Agreement/Release75-188454 1
RECORDING REQUESTED BY AND >
WHtN RECORDED MAIL TO:
i City of Carlsbad
1200 Elm Avenue ; Carlsbad, CA 92008 !
i I Space above this line for Recorder’s use
firm name
City of .Carlsbad
Parcel No. 9000-156-163-61
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and Tames A. Charnholm
anti riarriet c;. Johllston
ty Owner”.
, hereinafter refer.red to as “Proper-
REC I TALS :
WHEREAS, Property Owner has applied to City for a parcel map
approve, (LdrceI Split No. 260 - Laguna Drive) .
for the rea’l 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 pub1 ic improvements hereinafter
described are constructed and certain irrevocable offers of dedication .
are made to City; and
WHEREAS, the Municipal Code of City and the City En7ineer's
tentative partidi split approval letter dateu May 7, 1975
attached hereto and incorporated by reference herein require certain
improvements and dedications as a condition of approval of this
Qarcel map ;and t .
WHEREAS, Property Owner has requested. said parcel map
.
be Granted by City in advanc.e of the time said improvements are to be I
made; and
’ WHEREAS, Property Owner, in considerat ion of the approva 1 of
(1) 0 75-7
1
*.
. 1341
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
construct ion;
NOW, THEREFORE, IT IS AGREED between the parties hereto as
fol 1 ows :
Section 1. That City agrees to record any irrevocable offers
of dedication made by Property Owner for parcel map approval (Parcel .
Split No. 2UO - Laguna 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, 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 required to make
<did 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 occurrenges 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 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
City. City’ estimates that the cost of engineering and construction of
said improvements at the time of signing this contract is $8,429.99 .
Prop.erty 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
(2)
1342
and covenants herein contained, Property Owner hereb.y grants to C,ity a
lien upon the hereinafter described property in the amount of $8,429.99,
plus any future increases of cost in excess of this sum resu-lting from
increased engineering and construction costs, and in the event Property
Owner, his successors, heirs, assigns, or transferees fail to install
and construct said improvements in the manner and within the time speci-
fied herein, he agrees that City may do any or al 1 of the following:
(a) Have the necessary engineering ‘for said improvements
done, and install and construct said impbovements 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, heir:, assigns, or transferees immediately upon completion
of said improvements. In the event same is nbt paid within 30 days from
completion, City may foreclose said lien as provided by law for the
foreclosure of mortgages.
(b) Direct the City Engiiieer to estimate the cost of necessary
eng i ricer i ng, 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
specifically referred to herein), for the foreclosure of a lien, and the
Property Owner, his successors, heirs, assigns, atid 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 conWary 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 trust for value which
has been or may in the
successors, . heirs, ass
shall be and is hereby
future be executed by the Property Owner , his
igns, or transferees, a;d the 1 ien hereby created
subordinated to and declared to be infer ior and
subsequent in lien to the 1 ien of any su’ch purchase money mortgage or
purchase mpney deed of trust. The lien hereby created shall likewise be I
of no force or effect against any onner whose title to ‘t:he property here-
inafter described is acquired by or as a result of a foreclosure or
(3)
-
. .
.-
. .
. 1 1343
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 perf.ormance bond satisfactory to
the City to charge said surety wi’th 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 io’n 6. Said City shall not, nor shall 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 b.
a,ny 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, 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 sa‘id 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
sha 1 1 be b i nd i nq upon and inure to the bcncf i t of the successors, hei r-s, (4)
.
. * 1344
assigns, and transferees of Property Owner, shall run with said real
property, and create an equitable servitude upon said real property.
a. This agreement, and the covenants contained herein, shall
supersede and make null and void the previous agreement
binding upon the property, to wit: an agreement between
the City of Carlsbad and Sloan M. Diai regarding grading,
paving, etc. of adjacent street recorded 1 September 1966
as file no. 143242 of Official Records.
Section 9. A description of the property referred to herein
and upon which said lien is imposed is described as follows:
That portion of the Northwest quarter of Section 6, Township
12 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 northeast corner of Tract No. 117, Carlsbad
Lands, as shown on Map 1661 on file in the Office of the County Recorder
of San Diego County; thence along the northerly line of Tract No. 117,
Carlsbad Lands, North 89057' West a distance of 147.01 feet to a point:
thence North O"55' West a distance of 40.00 feet to the True Point of
Beginning; thence North 89O57' West a distance of 121.01 feet to a point;
thence North O"55' West a distance of 135.00 feet; thence South 89O57'
East 121.01 feet to the east line of the land described in a deed to
Sloan M. Diaz, et ux, recorded May 4, 1951 as document no. 56580 of
Official Records; thence along said east line South O"55' East 135.00
feet to the True Point of Beginning.
(5)
.
Section 10. The required improvements to be constructed and
the estimated costs thereof are as follows:
Improvements Estimated Costs
1. street trees 3 @ $25 ea $ 75.00
2. curb & gutter 121 lin. ft. @ $3.30/LF 399.30
3. 4" PCC sidewalk 605 sq. ft. @ $.95/SF 574.75
4. paving $ street 2238.5 sq. ft. @ $.35/SF 783.48
5. street light (1) 7M (18 months' energy) 71.46
6. deposit to insure undergrounding of overhead facilities and insure street light installation (121' x $40) 4,840.OO.
6,743.99
7. engineering (15%) 1,011.60
8. contingencies (10%) 674.40
Dated% 7, / y7Jy
TOTAL COST $8,429.99
v Y&&&T CT.. Q&&&J Proper@ Owner
WE CONSENT to and join in all the promises herein contained, and agree to said lien imposed
NOT APPLICABLE .
, .
.
. STATE OF CALIFORNIA) ) ss. COUNTY OF SAN DIEGO)
Transferee of portion of said property
Notary Pub1 known to me
* 75=- , before me, the undersigned, a ic in andlfor 'said State, personally appeared Paul D. Bussey, 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 0fficiaL seal.
City Attorney (/-
Virginia M. Smith R
‘WARY PUOLIC . C~11bOlm)
PAINCWL OfFlCf IN
SAN DlEGO COUNTY
g MY COMMISSION EXPIRES MAY 0, 1977
Public
OFflCIAL SEAL
(notarial acknowledgement of execution of owners must be aFiached >
(6)
(Individual)
0 ’ Il.346 0 um b STATE OF CALIFORNIA
1 SW D~c’q b SS.
COCINTY OF “0
2
t
o,,Al~ 7; IT+ _- before me, the undersigned, a Notary Public in and for said !& s State. personally appeared
Yw
trumrnt and acknowledged that
(This area for oftlcial notarial seal)
i . ,. . ,: _*.
- j‘
.I
James A. Charnholm 3418 Thunder Drive Oceanside, CA 92054
SSject: Pro,%saed parcsl split no. 260 - -Lagma 9riV8'
mar Girt
A prelftinary dscisfon has been made pursuant ta Section 23.24.320 of the Carl&ad !%znicipal Cadte ta approve the tentative parcel xxmp
subject to th8 folbwinq conditions:
1.
2.
3,
4.
5.
All required fees and depositor Sk&l1 be paid prior to final map recordation (ftemlzad list attached).
Applicant shall enter into a mutually acceptable agreement with the Carl&ad Union School District to provide! for any future school requirements resulting from this division of property.
Applicant shall affer for dedication a strip of larrd 10 feet in width along the Laguna Drive frontage fsr future street widening purposes.
Applicant shall enter into a lien contract to install full l/2
street improvenmnt9 along tie entire frontage of tha property, (Applicant's snqineer ahall s&nit bilf tEddm&te of tha cost of
th8S8 iI%j?3!ZOV8lIb3XltS.)
Tentative map aggrova?, shall expi,xe aae (1) year from the3 date ~3 of the final decision if the final xtap kas not beea retarded,
vsry truly youm3,
%R!GINALI SIGNED my Zlb~.OTHX c, &g&Qjgj Tim Planagan City Engine43r
attach.
CC2 C&serge A, Conksmight
.- - ---- ~~~~_