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
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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
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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
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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 $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
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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,
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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.
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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
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P,~?EY G. FCNTAIYE ,..- . . . . ._ ::p, i j ,‘:‘: r!txjl*
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(Notarial acknowledgement of execution of owners must be attached).
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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)
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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.
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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
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