HomeMy WebLinkAbout; Morrow, Tranquil and Dinah; 76-410638; Future Improvement Agreement/Releaset ‘-T603 ‘. -- 76=iWJ638 -. . . FILE/PACE N@,.w.w.,-w.
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BOQK 1976 l RECOkDING REQUESTED BY AND 1 I RECORDED RECUEST@+
WHEN RECORDED MAIL TO:
1 City of Carlsbad ) ’ ’ 1200 E lm Avenue 1
Carlsbad, CA 92008 OFFICIALAECC;PSS SAN DIEG;I CI!iiH'l'-, a'&, ;i HAfilLY F.BL%,H
kECi)RDEic
Space above this line for Recorder’s
‘use . ’
$No fee
Signature of declarant determining tax-
f i rm name
City of Carlsbad
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Parcel No. 203-102-12
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the ?ity of Carlsbad, a‘municipal
corporation, hereinafter referred to as “City”, and Tranquil and
Dinah Morrow , hereinafter referred to as “Proper-
ty Owner”.
RECITALS: ---
* WHEREAS, Property Owner has applied to City for a building
permit
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 f certain pub1 ic improvements hereinafter
described are constructed
are made to City; and -. _. _ _
and certa in irrevocable.offers of dedicat I on
_
WHEREAS, the Municipal Code of City, Chapter 18.40 requires
certain improvements and dedications as a condition of approval of this
Building Permit;
and
WHEREAS, Property Owner has requested said Building Permit
be granted by City in advance of the time said improvements are to be
made; and
WHEREAS, Property Owner, in consideration of the approval of
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sa i d building permit 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
of dedication made by Property Owner for a portion of Madison Street,
for a building permit.
Sect ion -2. That Property Owner, in lieu of making the herein- ‘- 1,
after described improvements.before approval of said
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 shanot be required to make _ _--‘, I -._ .--. .----...
said improvements before December 1, 1977o.r within such further period -.e . -.-v-u___-__.__ -.
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 03 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 specifications.
(b) When owners of more than 50% of the frontage, between .< .-_ -_._ c-.-- .^..~ ..-- ,. . . -...
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 $1540.00 .
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 $1540.00,
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 s.uccessors, heirs, assigns, or transferees fail to install
and construct said iqprovements in the manner and within the time speci-
f ied herein, he agrees that City may do any or all 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 entire cost and expense shall 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 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-
ment s , 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 transferee.s, and the 1 ien hereby created
shall be and is hereby subordinated to and declared to be inferior and
subsequent in lien to the 1 ien 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 transferees may
deposit a cash bond or post a surety performance bond satisfactory to
the City to charge sa,id 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 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 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
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 liabilities of or to any person or property i.njured 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.
Sect‘i on 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 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
shall be bindinq upon and inure to the benefit of the successors, heirs,
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ass igns, and transferees of Property Owner, shall run w ith 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 northeasterly half of the southeasterly half of Lot 39
of Seaside Land, in Che City of Carlsbad, in the County of San Diego,
State of California, according to map thereof No. 1722, filed in the
office of the County Recorder.of San Diego County, July 28, 1921.
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Section 10. The required improvements to be constructed and
the estimated costs thereof are as follows:
Improvements
1. Curb and gutter
Estimated Costs
$ 200
2. Sidewalk
3. Paving ,
4. Street light
5, Engineering, lQ$ '
260
220
720
140
6.
\ TOTAL COST $ 1540
: I f*iw*AJ Propdr$y Owner
CITY OF CARLSBAD, a Municipal
STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO )
r
On / f/y76, before me the undersigned, a Notary Public in'and for said State, personally appeared Pau1.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.
APPROVED AS TO FORM:
City Attorney
eeICIee*# OFFICIAL SEAL 9
NORA K. GARDINER
NOTAH\ PUBLIC-CALF, ; PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
\ MY COMMISSION EXPIRES JAN. 2% lgso
(Notarial acknowledgement of execution of owners must be attached).
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Public in and for said
subscribed to the within instrument and
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