HomeMy WebLinkAboutADJ 138; MacDougall, Allan & Donna; 79-437538; Future Improvement Agreement/Release-yxf:. I-. ..---.- -.._ -- -a-____.- - .-. “_. ._. .L . .I r #:i -. .;7 -* ,, * . ; ‘, 3 -4: *..,.I ” 0.;: 723-437538
~R&'&N; REQUESTED BY AND F!?E/PI,:: ~0.
WiiEN RECORDED MAIL TO:
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1. 4L)~
city of Carlsbad .
1200 Elm Avenue
Carlsbad, CA 92003 .,.-
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OFFICIAL RECORDS RECORDER
1 SAN OIECO COurf, CALiF:
Space above this.line for Recorder's
. use . . .
Documentary transfer tax: $No fee NO FEE
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: Signature of declarant determining tax- firm name .
City of Carlsbad . . d
. - Parcel No. 206-191-04 .
COiiSTRACT FOR FUTURE PUBLIC IMPROVEMENTS' . '.- .- -
: . . -. ; - . THIS AGREEMENT is made by the City of Carlsbad, a municipaf
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- corporation, hereinafter referred to as "City", anb Allan K. MacDougall and
Donna M.'MacDougall, husband and wife as joint tenants hereinafter l . .
referred to ds "Property Owner". . . . . -_ . . :..
RECITALS:
I . . . .-. -: '. . . . . .- . '. '. ._ WHEREAS, Property'*Owner has applied to City for a Lot-Line -.. '
..Adjustment Plat No. 138 for the rea'l property'hereinaftdr described, IfOW . ,z - : . : 41 under Property Owner's ownership; and . . ; .
. NHEkEAS, it.has been found that said prop&y is not'suitable . .
for dev.elopment in its piesent conditibn, however said property would be.' _.
.suitable for devel'opment if certain public improvements hereinafter'. .
described are constructed and certain irrevocable offers-of dedication .-.
. are, made to City; and" :: . . _ . . . .., ',,; : ,'._ : - . -. -. : . ., . .' '..
.. WHEREAS, the Municipaf, Code of"'City, Sec'tion 20.36.060, provfdes . .
. the City Engineer may require certain improvements and dedications as a .
condition of approvat.of this adjustmerit plat; and -9
. . ' WHEREAS, Property Owner has requested said adjustment plat : -,
be granted by City in advance 0.f the time said imbrovements-are to be . . . . .
'made; ilnd
\JHEREAS, Property Owner, -in consideration of the approval of
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1 . . - l r i ., : .r“. ’ . ., ‘.
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. $23 i d ’ ‘gdjustment pla, desires to enter -\ I \:o this agreement ipi,
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 A’6REED between the parties hereto as
fol lows: . ‘. .
Sect ion’ 1. That City agrees to record .any irrevocable offers
of dedication made by Property 0wne.r for Let Line Adjustment Ptat
No. 138 .
Sect ion. 2, That Property Owner,. in lieu of making the herein-.
after’ described improvements before approval of said adjustment pl-at .- . . : : . .
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 .6O days after written
demand so to. do by City. Property Owner shall not be required to make .
sa.id improvements’ before z-7-80 or within such further period - . . . .
. .,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 .
.I electiori of City, be requi’red to be’made. sooner than &id date or such
i ‘S .e . --’ extended period of time which mar have b.een granted by City<z*=’
. (a) When the City Council finds that the owners of 40% or more
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of the, frontage,‘ including the frontage of Property Owner, between inter-
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... s&ting streets on. both sides of the street upon-yhiih the property.herein .
. . described has frontage, ‘_. have agreed with City to install street improve-
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ments to City speciii’cations. : - .. . . .
..:(b). wk. .’ en owners of more than SO%‘of’the’frontage, between
.e ”
intersecti.ng streets on both sides.of the street upon which the property
herein’described has frontage, .have petitioned the City to form an ..
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imprdv’ement di’str,ict for’the improver&nt of’-said’streets. ’ *: . - .’ .’ . .
. Said improvements shall be made without.cost et- expense to
City. ‘City estimates that the cost of engineering and cons’truction of
. said improvements at, the time of signing this contract is $10,388.42
Property Owner hereby acknowledges .t.hat said cost is a reasonable
estimate of engineering and constructfon costs at this time and that the
actual cost of ‘same at some time i’n 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 grant’s to Ci’ty a
lien upon the hereinafter described property in the amount of $10,388.42
plus any future increases of cost’in. excess of this sum resulting from
increased engineering and constructiqn 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 .a11 of the fallowtng:
(a) Have the necessary engineering for said improvements’
done, -and install and construct said improvements by contract’or other-
wise. City or its contract’br 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 shall be
charged against said property and payable by said Property- Owner, his -
successors, he! rs’, assigns, o’r transferees immediately upon completion .
df’said imp,rovements. In the event Same is not paid within 30 days from : :
. . completion, . . City may fore4.os.e s&id lien as provided by law for the . -. . .
:. foreclosure of ,mortgages. . ‘_ i. . * . . . a’. i I-’ .(b) Direct the City Engineer to estimate the costz.%f necessary
- eng i neer i ng, and the work required to insta.11 and construct said imp’rove-
1 ., merits, and foreclose said lien in said amount. . . .. . - , . . . .’ .’ Y . ,(c) .Per&ue any remedy, legal or equitable (including those - . .
.y’. specifically. referred to herein), for the foreclosure of a lien, and the
. ” Property O&r, ‘his -sucoessors,
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. heirs, assigns, and ‘t’ransferees, 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 shail
. - . . , not be.binding ‘upbn the hoiders;’ mortgagees: or beneiiciai-iks of a.ny . .
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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 c.reated .
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 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
,. ‘-
*I .* ‘. . .a,
. . ..’ . * ;.: . .;
: .
* ‘(3) *; * : . .
trustees’ sale of any such purchase money mortgage or purchase money .
deed of trust. - . . e
Sei=t ion 5. That bt 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 the City Engineer,
* and that upon depos,it of said cash or posting of said bond the City l
. .
agrees to release the property, or any portion of it as to‘which s-aid *.
., :&posit ‘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‘shalt not, nor shall any officer or ‘-. -* .
,:‘: &ployee thereof, be liable or responsible for any accident, 10s; or. . . i :_ ;’ _.
..ii ‘damage- happening or occurring to the work or improvements specified in . . . ; .- _ 2:.-. . . ..>.this agreement‘ prior to the completion and acceptance of the same, .. I
nor . - -;; .+’ . . . . . : I . .- .., . ‘1 :.,; ’ 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, : , ..z’ .,F2but all of said liabi‘lities. shall be assumed by sa-id Property Owner, and ,- ;a i. ._.- . . . . .
-,i;g: his successors, heirs; assigns’, and transferees , .and they shat 1 save the . . . ; *.I-. ;’ ,I.~; City harmless from’, ..-.:: and indemni.fy the City against, any and.a.11 claims,
: :” -.
“-5:‘suits and liabilities of or to any person or property injured or claim- .,* : . . . : . . . . 7. *.
.;‘,I;‘;:Tng to be injured as a- result’ of said work or .imp,rov&ments~ ‘Said Pie- ‘- . .‘.i“. - . . . ‘. . . . . ..perty .Owner, and his successo’rs, ‘heirs, assigns, and. transferees,’ further’ : I : . . . ‘.agrees i to protect said City and the officers and employees thereof from
“.:a11 liability or claim because of, or arising out of, the uie of any’
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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 td the completion and acceptance of said work and im- . . .
’ provements by the City, give good and adequate warning to the traveting
a... . pub1 ic .of any dangerous or defective ‘conditions of pub1 ic property. The
.*’ Propeity Ownerhereby 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 binding upon and inure ‘to the bencf i t of the successors, heirs, . . . : . . , .’ * ( ., ’ * :, . I’ : ! :, .I’ : f. . . (!I ---L . ‘.. ‘P . . . .--- -T-...‘.-.. 81’ 1, *’ ‘..I . . . -O-.-L- . ..-w_ c-r ---., -.L~.v.“-c w,-. --L---5-..-. . - . . . . . ..w-.-rr-.--------- -,s.. -,..yy ‘_ . --.. . .- . . . . :..i. ; ‘. * . .
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assigns, and transferee-s of Property Owner, shall run wrth satd real _ - -. .* e
property, and create an equitable sekitude upon said real *property‘.. _ . .
. : . . : Sect ibn.- 9.1. ._. ; P ..des.cr.rpt.i*& o-f t;.h& property;,.,r,ef;grred _ try -herei F-1.. : .. ,. _ . . . .
and upon which said ‘lien is imposed is described as foilows:
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PARCEL A:
. .- .* . _ s e- . e . * * _- - . That portion of Lot 4, Block "F" of Bella Vista, in-the City 7 --- . of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 2152, filed in the office of the County Recorder of San Diego County, March 7, 1929, more particularly described as follows:
Commencing at the most Southerly corner of said Lot 4; thence Northeasterly along the Southeasterly line thereof North 43O50'17" East, 17.00 feet to the TRUE POINT OF'BEGINNING;‘ thence North 46OO8'27" West, 200.25 feet; thence North 43447f42“ East, 149.80 feet; thence South'46*08'27" East, 200.36 feet to a point along the Southeasterly line of said lot 4; thence Southwesterly along said line South 43*50'17" West, 149.80 feet to the TRUE POINT OF BEGINNING. - .I '_
Containing 30,005 square feet.
PARCEL B:
That portion of Lot 4, Block "F" of Bella Vista, according to the Map thereof No. 2154, and that portion of Lot "I" Rancm Aqua Ee:?ionda .c according to the Map thereof No, 823, both maps recorded in the office of the County Recorder of San Diego County, sai& iclts are located :in the City of Carlsbad, County of San Diego, State of California, more particularly described as follows:
Commencing at the most Westerly corner of said Lot 4; thencte Northeasterly along the Northwesterly line thereof North 43O47'42" East, 17.00 feet to,: the TRUE POINT OF BEGINNING; thence continuing along said line North 43*47'42" East, -256.73 feet to the most Easterly corner of lot 3 in Block "F" of said Bella Vista; thence along the Easterly line of said Lot 3 North 42°00'05" West, 62.80 feet to an angle point therein; thence North 3°OO'05" West, 99.17 feet to the most Northerly corner of said Lot 3,; thence along the Wortheasterly prolongation of the Northwesterly line of said lot 3 North 65O31'47" East 296.31 feet; thence South 45O48'45" East, .265.90 feet to the Northeasterly prolongation of the Southeasterly line of..said Lot 4; thence Southwesterly along said prolongation and Southeasterly line of said Lot 4 South 43"50'17" West 453.12 feet; thence leaving said line North 46OO8'27" West, 200.36 feet: thence South 43*47'42" West, 149.80 feet; thence North 46°08'27m West, 40.00 feet to the TRUE POINT.OF BEGINNING.
Containing 144,029 square feet.
Section 10. The required improvements to be constru.cted and . . .
the estimated costs thereof are as follows:
Improvements Estimated Costs
$
EXHIBIT "A" ATTACHED
.
F
Dated: /&3-77
TOTAL COST $10,388.42
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STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO.). .
On before me the undersigned, a
Notary Public in and for said State, peisonally 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 Corporation, and acknowledged to me that such City of Carlsbad, Califorpia, executed the same. \
WITNESS my hand and official seal. \
.
Notary Public
APPROVED AS TO FORM:
Vincent F. Biondo, J City Attorney
(Notarial acknowledgement of execution of owners must be attached).
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Y,
STATE OF CALIFORNIA cOuN-,-Y OFSan Diego "- $1,
On October 3, 1979 i ned, a Notary Public in and for said
: Stat” an
z
.b%+i%8abeer&~d8fld Donna M . MacDouqall
I- : , known to me
3 to be the person-whose name- ubscribed to the within instrument and acknowledged I ;: : ICIAL SEAL
i WITNESS m CAROL LANE
PRINCIPAL OFFICE IN SAN DIEGO COUNTY
Carof Lane
Name (Typed or Printed)
MY COMMISSION EXPIRES DEC. 13, 1982
TO 449 c
(Corporation)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO SS.
on October 16, 1979
State, personally appeared .J!z-. ig aY n e
before me, the undersigned, a Notary Public in and for said
D e r n e t 2 . . known to me to be the~rltll Cl t_V Mgr. -,
lhx&x&&>gx&
known to me to be X %&%%~of the known to me to be the person& 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.
WITNESS my hand and official seal.
A- L. Rautenkranz
Name (Typed or Printed)
0 !n
Uhlr area for o(llcia.1 notarial mu)
- . , _ I I’( cf- . . . ’
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EXHIBIT "A"
1. Curb
2. Portion of Street Lighting
3. Sub-Base Preparation
4. Excavation Grading
5. Surface and Base
6. 5' Sidewalk
7. Engineering and Contingencies
240 FT.
240 FT.
3,600 S.F.
1,440 C.Y.
3,600 S.F.
1,200 S.F.
15%
$ 1,201.25
696.73
648.68
2,883.OO
2,342.44
1,261.31
1,355.Ol
$10,388.42
In the event one or both of the parcels are sold to a separate owner(s)
then the total cost shall be apportioned to each parcel as follows:
1. Curb
2. Portion of Street Lighting
3. Sub-Base Preparation
4. Excavation Grading
5. Surface and Base
6. 5' Sidewalk
7. Engineering and Contingencies
TOTAL
PARCEL "A"
200 LF $1,001.25
200 LF 580.73
3,000 S.F. 540.68
1,200 C.Y. 2,403.OO
3,000 S.F. 1,952.44
1,000 S.F. 1,051.31
15% 1,129.41
$8,658.82
PARCEL "B"
40 FT. $ 200.00
40 FT. 116.00
600 S.F. 108.00
240 C.Y. 480.00
600 S.F. 390.00
200 S.F. 210.00
15% 225.60
$1,729.60