Loading...
HomeMy WebLinkAbout; Diocese of San Diego; 75-163297; Future Improvement Agreement/Release+, ..i c ’ * ~, _ x34 .Y RECORDING REQUESTED BY AND ; &r$J OF lI5a-w WHEN RECORDED MAIL TO: Ju 26 IO 22 IN! ‘15 City of Carlsbad OFFIClAt ?:CgRDS 1200 Elm Avenue 1 SAN DIEGO CO~jW?Y~CALlF. HARLE'~~'.ELOOH Carlsbad, CA 92008 . flECOROfR > . > NO FEE Space abuve f.his line for Recorder’s use Documentarv transfer tax: $No fee , Signavure of declarant determining tax- firm name City of Carlsbad Parcel No. 205-270-g G 38 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and Diocese of San Diego Ed.ucation and Welfare Corporation, a California Corporation and Roman Catholic Bishop of San Diego Corporation Sole , hereinafter referred to as “Proper- ty Owner”. RECITALS: +,WHEREAS, Property Owner has applied to City for a parcel map approval, Parcel Split No. 255’, Adams Street and Tamarack Avenue 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 improvements hereinafter described are constructed and certain irrevocab1.e offers of dedication are made to City; and WHEREAS, the Municipal Code of City and the City Engineers tentative parcel split approval letter dated January 29, 1975 attached hereto and incorporated by reference.herein require certai.n improvements and dedications as a condition of approval of this pa reel map ; and 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 ’ WHEREAS, Property Owner, in consideration of the approval of (1) - 0 75-6 1035 said parce1 map des i res to enter into this agreement securing the construction of said improvements, and C i ty has determi ned it to be in the public interest to agree to temporarily postpone said construction; NOW, THEREFORE, IT IS AGREED between the part;es hereto as follows: Section 1. That City agrees to record any irrevocable offers of dedication made by Property Owner for parcel map approval (Parcel Split No. 255 - Adams Street and-Tamarack Avenue). 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 said improvements before June 1, 1976 or within such further period of time as is granted by City, provided, however, that upon the happening of either of the following occurrenEes said improvements may, at the sole e’lection 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 . des-cribed has frontage, have agreed with City to install street improve- ments to City specifications. (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$21,203.00 ., Property Owner hereby acknowledges that saSd 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. Sect ion 3. That for the faithful performance of the promises (2) :. . . ‘1 -. ,. . . IOX and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $21,203,0Q, . plus.any future increases of cost in excess of this sum resulting from increased engineering and constru’ction 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- f ied 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 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 ent i re 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 said improvements. In the event same is not paid within 30 days from completion, City may foreclose said 1 ien as provided by law for the foreclosure of mortgages. (b) Direct the City Engi;ieer 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 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 orpurchasemoney 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 li’en 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 here- inafter described is acquired by or as a result of a foreclosure or (3) ’ - 1037 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 t:+,,lsferees 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 sa’id City, no.r any officer or employee thereof, be 1 ia.ble for .I 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, heirs, assigns, and. transferees, further agrees to protect said City and the .off icers 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, giv,e good and adequate warning to the traveling public of any dangerous or defective conditions of pub1 ic property. The Property Owner hereby agrees to pay for such inspection of improvements as may be required by the City Eng.ineer of C.ity. Sect ion 8. This agreement and the covenants contained herein shall be binding upon and inure to the benefit of the successors, heirs, ( 4 ) _- ‘. t , . . 1038 assigns, and transferees of Property Owner, shall run with said real p rowrty , 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 agreements binding upon the property, to wit: (1) an agreement by and between the City of Carlsbad and the Diocese of San Diego Education and Welfare Corporation, et al, regarding certain public improvements and payment therefor recorded November 20, 1968 as File No. 203587. (2) an agreement by and between the City of Carlsbad and the Diocese of San Diego Education and Welfare Corporation, et al, regarding certain pub1 ic improvements and payment therefor, recorded November 20, 1968 as File No. 203588. 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 Tract No. 236 of Thum Lands in the City of Carlsbad, County of San Diego, State of California, accord- ing to Map thereof No. 1681 on file in the Office of the County Recorder of said County described as follows: Beginning at the intersection of the centerline of Adams Street with the centerline of Tamarack Avenue as shown on said Map No. 1681; thence along the centerline of said Tamarack Avenue South 610 20' 45" West, 208.00 feet; thence leaving said centerline North 28" 38' 05" West, 270.00 feet; thence South 610 20' 45" West, 369.07 feet to an intersection with the Northeasterly line of land conveyed to the State of Cal- ifornia (Pio Pica Boulevard) by deed recorded July 11, 1967 as File No. 100202 of Official Records, said intersection be- ing a point in a non-tangent 370.00 foot radius curve concave Northeasterly, a radial line to said point bears South 36’ 57’ 51” West; thence Northwesterly along the arc of said curve through a central angle of 4O 32’ 00” a distance of 29.27 feet to a point of compound curvature with an 870.00 foot radius curve concave Northeasterly, a radial line to said point of compound curvature bears South 41° 29’ 51” West; thence North- westerly along the arc of said curve through a central angle of 180 20' 54", a distance of 278.61 feet; thence tangent to said curve North 30” 09’ 15” West, 67.76 feet; thence leaving said Northeasterly line of the land of the State of California North 610 21’ 15" East, 671.38 feet to an intersection with the above mentioned centerline of Adams Street; thence along said center- 1 ine South 28” 38’ 05” East, 637.38 feet to the POINT OF BEGIN- NING. (6) I , b . _a ’ 1039 -’ Sect ion 10. The required improvements to be constructed and the estimated costs thereof are as follows: Improvements Estimated Costs 1 . Engineering (15%) $ 2,544.OO 2. Full 3 street improvements on Tamarack frontage including, but not limited to, pavement removal and grading, instal- lation of curb and gutter, sidewalks, A.C. paving, street lighting and street trees and undergrounding all utilities. 16,963.oo 3. Contingencies (10%) TOTAL COST Dated :: Diocese of San Dieqo Education and Welfare Corporation, a Calif- ornia Corporation and Roman Catholic Bishop of San Dieqo STATE OF CALIFORNIA ) > ss. COUNTY OF SAN DIEGO ) ,IJ EdumtW 1)4c1 $‘&hre CorporatiQn, a corpokatiorh / _.. rflesici- t C lTY~~$~~o;: ecretary pora Ion of t e S ate of Callfornla On w~l!m? a3, (975 before me the undersigned, a Notary Public in and for said State, peksonally 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 corpora- t ion, and acknowledged to me that such City of Carlsbad, California, executed the same. WITNESS my hand and official seal. &u-L-, A +-a[& Notary’ Pub1 ic ’ City Attorney ~:c::,:i.Ll ?:‘:,?A P,~?EY G. FCNTAIYE ,..- . . . . ._ ::p, i j ,‘:‘: r!txjl* $ ; [‘V ..,,I’ , ,i’ ,,, ..i :I 3;:: I(-? i’q ._.. f ‘\<, i .I”‘- , $,r”J., ,:;i,j.g f:.->!J:i.;‘Y ?-+I Tccioq E;:?ir% Scpk‘3 Xl7 {-“Y,C~~!~~~.~~~~~~~~L-l cI---cw (Notarial acknowledgement of execution of owners must be attached). 1; ” . (6) STATE OF aCALIFORNIA ) 1 COUNTY bF SAN DIEGO) On this 17th day a Notary Public in and for of June 1975 , before me, JOHN T. QUINN, said County and State,’ personally appeared LEO T. MAHER, . . known to me to be The Roman Catholic Bishop of San Diego and to be the Incumbent of the corporation sole that executed the within instrument and acknowledged to me that said corporation sole executed the same. WITNESS my hand and official seal. TO 449 CA (5-73) (Corporation) c in and for said County and STATE OF CALIFORNIA > ATUOR COMPANY COUNTY OF San Diego ss. On June 17, 1975 before me, the undersigned, a Notary Public in and for said State, personally appeared Leo T. Maher -, known to me to be the President, and I. Brent Eaeen t known to me to be Secretary of the known to me to be the persons who executed the within corporation that executed the within Instrument, Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. Name (Typed or Printed) (This area for oflfcial notarial ssal) -. i 1041 - c ‘.. January 29, 1975 1 Rev. Tboms Brhodp St, Patrfcks Church P, ‘3, 8o3c 249 Carfsbad, CA 92008 Subf ect : ProposeB parcel spl It No.’ 254 - Adams Street and Tamarack Avenue, St, Patricks Church and Center. Dear Father Brtody: ., The tentatfve map of proposed p3rcel spltt No, 255 Is hereby approved subject to the Followtng condfrtons: 1. Prtor to ftnat map approval applicant shall compfotet the follcwlng agreements jnd dedlcatians: a. Offer of !?edtcarIon of 16’ of addltional tiqht of way on Tamarack Avenue plus area necessary for a 20 property Ifne radius at the Tamarac44dams Intersection. b. Enter tnto an agreement for the fut!rte installation of full 4 street Improvements on the Tamarxk frontage. Ap- pllcants engineer to furnish a detaIled estimate OF con- ’ structfon costs, . . WTE : ts al ciescttpttons, plat snaps, and estimates as requ t red 3 Of a. and b. ar:~ to ba submitted by appltcants mgfneer. The City will prepsrt: required ducumants for appl tcants srtgnature. 2, Payment of at1 fees and dcpcsstts is requtred prior to final map approva 1. (See attached list) 3. Appltcant shall hstali full 8 street fmprovements on Adams Street frontage Improvement plans must be approved by the? City Engineer and atI required agreements and bonds posted prior to final map etpprovst. 4. Al? utilftfes shatt be tr%ta~t@d u~=-wound. - .(, ; \ . . Rev. Thalas Briady January 29, 1975 Page 2 . 5. Prtot to final map recordatfon,applfcant shall obtain n5ccessary approval from the Regionat Caast631 Commission Fsr the required parcel map and rezoning. 6, Tentative map appravat shall expire one (1) year Prm thfs date if final map has not been recorded. It should be pointed out that althoqh not a cmditlon of the ’ parcel map, them fs a requfrement of the CUP-99 for construe- tlon of an on-site water ltne and fire hydrant system, There wfli be a reqvtrement to design, bond and dedicete an easement to the City for thts on-stte water system. This requirement must be met prior ta the Issuance of building per- mits. Very truly ytxfs, ‘ORIGINAL SKwEf3 BY X~M~THY c, ELANAW_ --_--- k '. T5m Flanagan ctty Enginaer TCF/RMcWs 1 n enci: cc: Rick Engtneerin Attn: Bob Ladw g 9 : I ,.’ -_ , . -