HomeMy WebLinkAboutADJ 104; Chase, Lewis & Pauline; 76-174001; Future Improvement Agreement/Release$EC3RD I NG REQUESTED BY,
WHEN RECORDED MAIL TO:
City of Carlsbad
1200 Elm Avenue
Carl shad, CA 92008
-596 . .
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City of Carlsbad
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Parcel No. 204-031-12 & 13.
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carl’sbad, a municipal
corporation’, hereinafter referred to as "City", and 'Lewis L. Chase
and Pauline F. Chase ,‘hereinafter referred to as “Proper-
ty Owner”.
REC I TALS : ---
WHER’EAS, Property Owner has applied to City for a Lot Line
Adjustment (Plat sj104)
for the reai property hereinafter described, now under Froperty Owner’s
ownership; and
WHEREAS, it has been found that said property is not suitable
for development in i ts present cond i t ion, 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 .Ci ty and City Engineers
Letter of Approval dated May 21, 1976
attached hereto and incorporated by reference herein require certain
improvements and dedications as a condition of approval of this Lot line
Adjustment ; and
WHEREAS, Property Owrber has requested said Lot Line
Adjustment Approval
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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said Lot Line Adjustment . desires to enter into this agreement
ion of said improvements, and City has determined
interest to agree to temporari ly postpone said
securing the construct
it to be in the public
construct ion;
NOW, THEREFORE, IT IS AGREED between the parties hereto as
.fol lows:
Sect ion 1. That City agrees to record any irrevocable offers
of dedicati.on made by Property Owner for Approval of said Lot
line Adjustment
Sect ion -2. That Property Owner, in lieu of making the he,rein-
after described improvements before approval of said Lot Line Adjustment
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 requi red to make
said improvements before 1 June 1977 or within such further period
of time as is granted by City, provided, how’ever, that upon the happening
of either of the following occurrences said improvements may, at the sole
‘electicn cf City, be reqni red 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 4OZ or more
of the frontage, including the frontage of Property Owner, between jnter-
setting streets on both sides of the street upon which the property herein
described has frontage, have agreed with City to install street impt-ove-
ments to City specifications.
(b) When owners of more than 50% o-f 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 ccst of engineering and construct ion of
said improvements at the time of signing this contract is $1,225.60 9
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 $1,225.00,
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, 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 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 w.ithin 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-
merits, 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
b-e 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 lien to the lien of any such purchase money mortgage or
purchase money deed of trust. The lien hereby created shall likewise be
of no f.orce 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)
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t.rus tees I 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 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 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 I
to execute any necessary release to enable the record title of the pro-
perty to be re leased 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 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 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 wi 11
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 benefi,t of the successors, heirs, (4)
,.’ . .
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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:
All of lots 25 and 26, Block 47 df the amended town of Carlsbad Map
No. 775 in the City of Carlsbad, County of San Diegb, State of
California.
X .
X
X
X
X
X
X
X
x .
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X * X
X
X (5)
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Sect ion 10. The required improvements to be constructed and
. the estimated costs thereof are as follows:
Improvements (Alley) Estimated Costs
‘1 . Engineering 10% $ 50.00
I.
2. Contingencies 15% 75.00 .
L
l
3.
1. 2. 3.
Dat
Alley Improvements (5O'X20') 500.00
Improvements (Streets) 2 TOTAL $625.00
Engineering $ 48.99 Contingencies Curb, gutter and lin. ft. @ $9.60
ed: 5-21 -TA
STATE OF CALIFORNIA ,’
ss. , . COUNTY OF SAN DIEGO )
s-p&
. Property Owner
b b On / 97L before me the undersigned, a
Notary Public iniand for said State, pirsonally appeared Paul D. Bussey,
known’to me to ge 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,
ledged to me that such City of Carlsbad, California, executed and acknow
the same.
w ITNESS my hand and official seal.
APPROVED AS TO FORM:
City Attorney
(Notarial acknowledgement of execution of owners must be attached).
,/ \
-.
TO 447 CA (4.7s)
(Individual) 602 TITLE INSURANCE AND TRUST
STATE OF CALIFORNIA
COUNTY OF San Diego ATICON COMPANY
On 9 before me, the undersigned, a Notary Public in and for said
State, personally appeared ewis L. Cbse and Pauline F. Chase
, known to me
to be the person S whose name are subscribed
to the within instrument and acknowledged that they executed the same.
WITNESS my hand and official seal.
Signature ahl&
Doris G. Hair
Name (Typed or Printed)
ShN DIE0 ~WNTV