The URL can be used to link to this page

Home My WebLink AboutADJ 148; Legaye, Albert II; 78-414396; Future Improvement Agreement/Release.- ?- ..*y ‘* RECORD ING REQUESTED BY AND 1 ” 1 ‘&&I RECORDED f”lA IL T”^ 78-414396 FILEIFE,GE HO City of Carlsbad I.J”OX i378 1200 Elm Avenue 1 RECiiii:~::' REQUEST OF Carlsbad, CA 92008 1 ADDRESSEE 1 SEF 2d t 50 fki ‘78 - Space above this ?ine& use HARLCY F. iILW4 RECOROER N.0 FEE Documentary transfer tax: $No fee Signature of declarant determining tax- ‘f i rm name City of Carlsbad Parcel No. 2o6-190-03 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS . . . THIS AGREEMENT is made by the City of Cartsbad, a municipal corporation, hereinafter referred to as “City”, and Albert F. Legaye If, a single man , hereinafter referred to as “Proper- ty Owner”. RECITALS: WHEREAS, Property Owner has applied to City for a lot line adjustment, Plat No. 148 . - for the real property hereinafter described, now under Property. Owner’s I 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 irrevocable off,ers of dedication are made to City; and WHEREAS, the Municipal Code of City,,.section 20.36.060, provides the City Engineer may require certain public improvem&nts and dedications as a8 tondition of approval of this adjustment plat; and WHEREAS, Property Owner has requested said adjustment plat be granted by City in advance of the time said improvements are to be made; and l WHEREAS, P roperty. Owner, .in consideration of the approval of .(I) , f ._ _-w. . . ..-. _T*_.._ _- . ._..__^_ * -____.__ -_-- - .-_.. -L-. -----,” .-.,. ; I . . . . .’ , . +! :. .- ‘. . - c i F 385 - said a’djustment plat desires to enter into this agreement securing the constructibn 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 AGREED between the parties hereto as follows: Sect ion’ l- That City agrees to record any irrevocable offers of dedication made by Property Owner for Lot-Line Adjustment Plat 148 -. Sect jot-t--2. That P.roperty Owner, in lieu of making the herein- . 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 bjl City. Property Owner shall not be requi red to make sa.id improvements before September 15, 1979 or within such further period . of t,ime as is granted by City, provided, however, that upon the happening of either of the following occurrences said improvements may, at the sole 2.. election of City, be requi’red to be made sooner than said dat& or such extended period of time which may have been granted by City: (a) When the City Counci 1 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 intersecting streets on both sides of the street upon which the property : herein described has frontage, have petitioned the City to form an ; improvement distriZt 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 $35,400.00, - Property Owner hereby acknowledges that said cost is a reasonable estimate of eng’inee-ring and construction costs at this time and that Che , actual cost ‘of same at some time in the future may exceed this estimate. ! Section 3.. That for the faithfhl performance of the promises > . :. : :. ’ ? ‘: . .,’ : .:. ! :. AZ) :: -.--v-t: . --.- _, --r--T-‘&yww. ._ I ‘., ,’ CII ‘. -Iv _w__c -.-_. -.,-._- .--- .._-_ -- - -. _ _--_, .:..__ $ : ‘* i . . ., . . . . -.. . __--, . . - : : :_ _ _. . . .; --,... c J :,: . . 1 -. .,“,i. . . ----b * - -_____--__ _ _ - _ f “9.6 :, and covenants heretin contained, Property Owner hereby grants to City a lien upon the hereinafter descr’ibed property in the amount of $js,‘@oo.& 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- 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 portion or portions of the property reasonably neces.sary for said engineering and construction, at-t-b 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 forecl’ose said 1 ien as provided by law for the foreclosure of .mortgages. . (b) Direct the City Engineer to estimate the cost ‘oF.necessary -2. eng i neer i ng, and the work required to insta’ll 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,th-e 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 or purchase money 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 td be inferior and subsequent in 1 ien to the 1 ien of any. such purchase money mor,tgage 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 .: (3) .’ ._ ----- -- -----.-a, ,_ P”h *I -I--- --_- -...-_ :.. . .‘, .-..__ ; . . . .:y,. . . . . .- -- . i __‘.- I <-----.-.--_ - -.. . . . .a . c *’ . \ ,’ , 987 - [ , 1 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 said sure.ty 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 ‘- empl oyee 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 patent .or .patented art icle 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, give good and adequate warning to the traveling .- .‘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 1 iabi lities of or to any person or property injured or claim- _. :, ‘,’ .: L ‘: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 sa id City and the officers and employees thereof from ‘all liability or claim-because of, or arising’out of, .the use of any“ pub? ic of any dangerous or defective .conditions of pub? ic 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 herejn -shall .be binding upon and inure to the benefit of the successors, heirs, (4). ._. -. ‘..*.’ _* ‘I ,. 4 -. . : ” i ,_cc--- t---.: . . _ .- . . I ,:. .,.y ?-y----- ‘_ --&--M-~--I~....- -- . ..- -1 -.--. -. ----cI-p- I . ..‘-’ --...-.. . . .’ J : _. ‘.i_l . _- .- \’ 4 !,’ 988 : - . assigns, and transferees of Property Owner, shall run with sdid rea-1 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: Lot 18 in Block “El’ of .Bellavista, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 2152, ‘filed in the office of the County Re- corder of San Diego County, March 7, 1929. -. .=. . 4 -8.’ c -.-, :A--;;--- -.-7 m . -- . .- A.‘,? f .* --;: 989 - Section 10. The required improvements to be constructed and _ the estimated costs thereof are as follows: Improvements PARK DRIVE Estimated-Costs A.C. Paving & Base (6,400 SF) 6" P.C.C. Curb & Gutter (200 LF) I Sidewalk (200 LF) ~or!i~~C;treet Light. Cost (200 LF) 48" Co.ncrete Pipe (200 LF) Roadway Excavation (350 CY) $ 4,160.oo 1,ooo.oo 1,100.00 580.00 16,000.00 1,050.00 ' . ADAMS STREET A.C. Pavinq E Base (5,240 SF) 3,406.OO 6” P.C.C. Curb & Gutter 5'. P.C.C. Sidewalk (262 LF) .Poition Street Light Cost (262 LF) 1,310.oo 1,441.oo 759.80 SUBTOTAL $309806.80 . 15% Engineering & Contingencies 4j593.20 TOTAL COST $35,400.00 DATED: Sentember 18. 1978 i . . . . c * Property Owner I \ . CITY OF CARLSBAD, a Municipal .- c f COUNTY OFXXK a On cgt,/97p before me the undersigned, Notary Public id State, peisonally appeared Paul'D, Bussey, known to me to be the City Manager of the City of Carlsbad, a Municipal Corporation of the State of California, known to me to be 'the' ‘pefson who executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same. STATE OF CALIFORNIA') WITNESS my hand and official seal. APPROVED AS TO FORM: Oct. 23. l’J81 ,,? ;: y;;, y,y*, i-J ,‘,>‘:; I’<) 377’~; ini I \.,<..Vl. 7 ":;-,...3..7' r r : . . . . . . rj i , .'.i ', _. ,., : .? j 1..* <' r-i.<. z I$?;ofneg Vincent F, Biondo, Jr. City Attorney (Notarial acknowledgement of execution of owners must be attached). -6- STATE OF CALIFORNIA I I }SS. 990 . . . . . . . . . . . . . . . .._. . . . . . . . . . county of .._. . ..Qcanga . . . . . . . . . . . . . . . . . . . . . . . ) On . .._____.. ?Z!.!?.m __.__.____...__.___ J 19..% before me, . . . . . . . . .._...__.._...........~........................~.... a Notary Public, in and for said State, personally appeared _.._____.____..____............................. Albert F. LeGaye II ~....._________.._._.............................................................................................. . . . . ..--....................-.... . . . . . .._._._._._.__......... knou% to me to be the person __. whose name....iS _.__.__..__..._ subscribed to the within instrument, and acknowledged to me that . . ..he.... exe?ted the same. me-q: ---...e OFFICIAL SF AL b NT?!?‘” * :‘.‘.\r.)E . NOTARY PU’ : ii: - CALIFORNIA ORAh. - ‘:SII’JTY _ MT! conm. e; i-s JUL 14, 1981 ii.-.-- < .._._._.__..._._........... Notary Public Norma L. Meade