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Home My WebLink AboutADJ 162; Ausman, Frank; 79-281215; Future Improvement Agreement/Releasei-w .-..--- _.- ._ . . y*p: ” _ ---- .-e-e. - -. -w-w -..__. -: - - - -. . . . .- ..- ! I lo& - - 79481215 ‘T’,> ’ *- t .s _ ‘..’ . j{&;(DI:I; REQ:jEsTED BY AND WLl/PAOIWB,-, \jtiEN RECORDED H:\IL TO: 1 DOOK 19’19 . RlxOnDED RgOUBsToP . .I c\-pj OF (-y&y~&gj city of Carlsbad 1 I j2QrJ Elm Avenue L . . JUL 8 it M M ‘79 Carlsbad, CA 92003 . 1 ,: - OFPi iE RI@ ) ",. .' .,. ', SAW DJl 0 1 f?i i!l# Y, c&m 1 Space above this line for Recorder's i use . . . . Documentary transfer tax: $No fee jjlcn F& : ? . 1 - %?~%ture of declarant determining tax- ;, firm name City of Carlsbad .' Parcel No. 206-191-09 . . . ! COkTRACT FOR FUTURE PUBLIC IMPROVEMENTS - . '., 1 THIS AGREEMENT is made by the City of Carlsbad, a municipal I i I corporation, hereinafter referred to as "City", and Frank Ausman gillarried man -- hereinafter ; referred to as "Property Owner". . ,. '. '. 1 . . RECITALS: . ". _ :. .i . : '. .' . . 1 . WHEREAS, Property'Owner has applied to City for a Lot-Line r *.Adjustmdnt Plat No. 162 for the real property hereinafter described, 4' n0:rt L under Property Owner's'ownership; and . i . 2.. -. . . . . ; . WHEREAS, it-has been found that said property is not suitable ;or dev.elopment in its present condition, however said property would be- suitable for development if certain public improvements hereinafter . : described are constructed and certain irrevocable'offers'of dedication ,, are made to Cj ty; and.' . . .","l, " '1'. :, ,' . ; .'. . .:. . WHEREAS, the Municipal Code of"City, Section 20.36.060, provides the City Engineer may require certain improvements and dedications as a 1 condition of approvalof this adjustment plat; and ** . . ' \*!HEREAS, Property Owner has requested said adjustment plat . be granted by City in advance of the time said improvements-are to be .. . . made; a'nd . WHEREAS, Property Owner, in consideration of the approval of . . ' * . . (1)’ * . _’ .* . * , . . . . . a :, * * ’ . : , I . *, * * ‘.., , ’ ’ ‘., I . ’ I ’ ‘8 ” . t I ’ * ‘, . . I, ’ f‘ -* . ..$.“. ( a .,.I,,‘#.,. . . . . ’ ‘I.. . -.w*- “*-----ry ..L......F-. . . - I, , . . , a:’ I. I. *... .‘F.” .,.a . ..‘.... . / i i -. .,, _ . . . . - ., -. . * .q. . . - *: . i . . * L -.----. l 1. r* . * i ..$ ’ :. - -- IOU _ _ 6 ‘sa: i d ‘a’djustment plat ,02 desires to enter ,.,I\. this agreement securing the construction of said improvements, and City has determined it to be in the public interest to agree to temporarily postpone sdid .: . . construct ion; ; . . NOW, THEREFORE, IT IS AdREED between the parties hereto ‘as fol lows: . ‘- . . Sect ion’ 1. l That City agrees to record .any irrevocable offers 1. . of dedication made by Pro’perty Owner for Lot Line Adjustment Plat No. 162 : Section.2. Th’at Property Owner,, in lieu of making the herein-, after’ described improvements before approval of said adjustment plat ’ . . is granted, agrees to inst.all and construct;‘or cause t.o 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 s.hall not be required to make . . sa-id improvements. before _ 2-8-80 - 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 : .... election of City, be requi’red to be’made.sooner than stiid 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- .. setting streets on. both.sides of the street upon-which the property herein . . . described has frontage, have agreed with City ta install street improve- ._. ments to City specif’ications. . . . . . :. W; . ” . . ‘.:(b) ‘. ., en 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 . 0.. . . . .., ‘.‘.. .imp&*enient di’strict fb? ‘the improvement of’-said’ streets. l -1 . * 2’ . . . . Said improvements shall be made without cost or expense to City. ‘City estimates that the cost of engineering and cons’truction of . . &id improvements at the time of signing this contract. is $8,135.65 _, Property Owner hereby acknowledges that said cost is a reasonable I estimate of engineering and constructfon costs at this time and that the actual cost of ‘same at. some. time in t-hc future may exceed- thi’s estimate. ’ That for the faithful pcrformancc of the promises *‘Section -- 3. ! * :.!, * “I 1“ ’ I, ai I ‘1 . *I :. ’ “. (2) . ; . . lb . . 1 0. I . . . . . - A.aL2.. -.-- -..-.. I_. . ..‘ ’ l ’ -:,. . I- - -, .! l - lfjgj - A . . t. . and covenants herein contained, Property Owner hereby grants to City a . lien upon the her,einafter described property in the amount of $8,135.65 - plus any future increases of cost in’ excess of’ this sum resulting’from increased engineering and constructiqn costs, and ,in the eve.nt. 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 all of the following: ’ (a) ‘Have the necessary engineering for said improvements’ ‘done, ‘and install’ and construct said improvements by contract or other- wi Se. 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 arid expense sha? 1 be . charged against said property and payable by said Property’ Owner, his successors, heirs., assigns, o’r transferees immediately upon completion df’said imp,rov&ments. in the event same is not paid within 30 days from f completion, City may forecl*os.e’said 1 ien a,: provided by law for the _. _’ .: . . :-. for&closure of .-mortgages. . . . . . . ‘. :. . * . _ _-. . . .(b) Direct the City Engineer to estimate the cost-‘of’necessary . engineering, and the work required to insta’ll and construct said imp’rove- . : merits, and foreclose said 1 ien in said amount. . . ‘. . i .= . (c) Pursue any remedy, legal or equita,ble “(including those . ..“. specifical-ly referred to herein), for the .foreclosure of a 1 ien, ‘and- the ‘. . _ _- Property Owner, his .s’uccessors, heirs, assigns, and t’ransferees, shall c . . be liable for reasonable attorney’s fees as a cost in said proceedings. . Sect’ion 4. Tha’t it is agreed that anything herein contained to . the.contrary notwithstanding, the promises and covenants made herein shall . .* . . . * . . ‘. .‘nd’t be .binbing ‘upbn the hoiders,. mortgageei: or bkneficiai-ies of a’ny 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 hcrcby created std1 .likewisse be.. . : ‘of no force or effect against any owner whose title to the property hcre- innftcr described is acquit-cd by or as a result of a foreclosure or i . “. ‘$*.,’ ’ ,a.’ ’ , : , 4 I I ’ . I ,*’ I ‘(3) ” 4 ; , , * .* j . * * . ., ‘. ,. . *r---r-*.... . , ,.. .e.T ~~.“.....~..;.w.,4 . ..w..e...,..,.,. ~-“.--c~“--nC*r~..r~r.r.rrr~rr~r~~r~.*.~.*c.”rr.~rr -e,.,v . . ...*-. .,.. *c . . - .- ..-. . ’ ,:’ . 1 , ! . l . ,... ’ ‘. ..*-,u --. II . lOa9 -.-A * . . 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; * ‘ihe 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 depos,it of sai.d cash or posting of said bond the City Y . . sgrees 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 I-. ;‘; employee thereof, be liable or responsible for any accident, 10s; or . . ;. :.: ‘damage happening or occurri.ng to the work or improvements specified in . .i : . . ; _* .. i _]-:z.i.khi~ agreement’ prior to the completion and acceptance of the same,’ nor . . -;’ r *. . i : : ---;.-‘,%ha 11 said City* .- .: nor any officer ‘or employee thereof, be 1 iabl6’ for . ,‘-..any’persons or property injured by reason of said work or improvements, : ‘ .>’ . +.;zbut all of said liabi’lities. shall be assumed by s&id Property Owner, and . . . . . !:i.; hi,s successors, heirs, assigns, and transferees , .and they shall save the :. .~.. . . . . ; -:.. ;’ ,::.e;t2City harmless from’; and indemnify the City against, any and-a.11 claims, . ..” -. -’ x . . ;.. : . “‘:Jsuits and liabilities of or to any person or property injured or claim- _ .’ . . . . .5’ *a . . . i :. . . “ing to be’ injured as a. result of said work or .improvements. , i 2 . ‘Said Pro- ‘. . . . . . . . ‘- . . . ..perty ,Owner, . .I . and his successors, heirs, assigns, and. transferees,’ further’ .:. . . .‘agrees to protect said City and the officers and employees thereof from i .- : . . . 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 iqn 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 C,ity, give good and adequate warning to the travc?ing ‘*‘pub1 ic .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 Engineer of City. ‘. Section 8. This agreement and the covenants contained herein ’ . . ’ shall be binding upon and inure’to the benefit of the successors, heirs, . . . (‘+I . . ..’ .i * . .@’ i .;,..., :!:. ’ ,. . . .! ‘, . i . . . ‘.. 1 . . ..--.-- a..*, -a- ..-. . . ..-“&.A- . ..a 1 _C_--_..- ,.--,,-!L.: --L---- . . i . . . . --e--.---m -I-- s--.py-. . l -., . . ,’ ; -- * : . . . , $. . ‘. . I l .’ _. . . ., L.UVU -. . . . : -3 G.... - I. o 2~ * f : \ .I. y. ,’ ,I _,. . . - ‘- -I . : .j _ ,_. 1 .I, -: -1 . . . .- * - . . ;.. : . : - _ . 1 ; ..: ::.; . * .’ .jn9& Y- .- :; - I--.’ .:.. . . . : - - _ - :: . : . . . * . assigns, and transferees of Property Wner, shall run ~1ti-1 sa.id real _ . . . _* .: .- . property, and create a’n equ-itible se&itude upon said real *property', .. . . . - * 5 Sect ion 9. A de$ription of t-h: property referred ta herein. .- . - *- .- . and upon ivhich said ‘lien is imposed is desc.ribed as fol\ob8~: . .' -_ : -... _ . _ . . . . .- 5 . , . _ . . : _ . : -. . . .-. - :_ t . . . . ..-. ,_.. .L.._ “,. _ _. -_ - - . . .). -. ‘--,I..., . I_ ..,, I. .,. . .. . . . _A: . . : That portion of Lot's, in Block "F** of Bella Vista, in the City of Carlsbad, County of San Diego, .State of California, 'according to Map thereof No. 27.52, filed in the Office of the County Recorder. of San Diego County, March 7, 1929, described as follows: : BEGINNING at a point in the Northeasterly line of said Lot 5 that bears South 26"58'00" East a distance of 127.05 feet from the most Northerly corner thereof; thence South 43°51133".West along a line parallel with and X20.00 feet Southeasterly, measured at right angles from t6e North- westerly line of said Lot 5, a distance of 2r3G.58 feet ta a point in the Northeasterly line of that certain 8.00 foot wide dedication for Park Drive as granted to the City of Carlsbad by Deed recorded April 23 , 1979, as File No. 79- 165222 of. Official Records of said County; thence South 46°08v27f1 East along said Northeasterly line a distance of 235.85 feet to a point,in the Southeasterly line of said Lot 5; thence North 1S010'30" East along said Southeasterly line a distance of'l66.91 feet to the most Easterly corner thereof; thence North 26"58'00" West along said Northeasterly line of Lot 5 a distance of ,164.87 feet to the POINT OF BE- GINNING. :: Section 10. The required improvements to be con,structed and the estimated costs thereof are as follows: Improvements Estimated Costs C;lrb Portion of Strelt Lighting' Surface and Base 5' Sidewalk Preparation of Sub-Grade Site Preparation Engineering & Conti,ngencies 232.56 Ft. $1,162.80 232.56 Ft: 674.42 4;418.64 S.F. 2,872.12 1,162,80 S.F. 1,220.94 4,418.64 S.F. 795.36 . 232.56 Ft. 348.84 15% ,1,061.17 . TOTAL COST $8,135.65 . Dated: +c27- 7 9 f ’ Property Gwner . . . f . . CITY OF CA-RLSBAD, a Municipal . f;;.FeqJyesr"", 0 Paul D. Bussey, City Manager STATE OF CALIFORNIA ) ) ss. --COUNTY OF SAN DIEGO ) 2 4 ,' d OIi L-5 779. before 'me the undersigned,'a Notary Public . to% for 9aid State , peisonally appeared Paul D. Bussey, '-known to me 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; APPROTD AS TO FORM: h%G= (Notarial acknowle$$% nt of e;c"ecuticn of ow ners -6- - ‘. must be attached). , “.- -..“.._ _-,. __ ._,,.._. _..___.....-_._- --..-.-.. _. -.-- -.-I I . __ . , . _ ,- ._ . _..“..._ ._ _ -.. - STATE OF CALIFORNIA COUNTYOF San Diego f "- : 3 9 E 5 . I ‘I- ., -: 5; ; J : ,E s On March 27, 1979 before me, the undersigned, a Notary Public in and for said State, personally appeared Frank Ausman , to be the perso- whose name that , known to me is subscribed to the within instrument and acknowledged he executed the same. OFFICIAL SEA CATHE3NE E. KAZEBEE NOJAHY ~llli~tc: PRlNClPAl OFFICE IN SAN DIEGO COUNTY MY Commisslon Expires April 4, . .. i2 1981 Name ( Typed or Printed ) .