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HomeMy WebLinkAboutADJ 225; Hesler, Ralph and Carol; 83-055519; Future Improvement Agreement/Release‘i I- , - RECORDING REQUESTED BY AND > CF SA.H ;:'i.l'-r 1. ::'I; / 'j, 1;fi,, WHEN RECORI)fD MA ! L TO: city of Carlsbad 1200 Elm Avenue Carl sbad, CA g2008 1 I%3 FEE3 22 I’,!4 II: 12 1 > I’ c 7:. ,J : 3 i L- CO(;ti’i ‘/: i , ; ,_: -L i’, 1 -....-m- : --___ --- s-e-&O FEE Space above this 1 i ne -for Recordps use Document3 ry transfer tax: $No fee --T----- -.---_- Slgnaturre OF declarani- determining tax- f i riC1 name city of Ca t-i sbad Parcel No. 167-07-06 and 167-07-13 --- ---_I_- .----- ---___--_. --..-.- I___ CONTRLCT FOR FUTURE PUBLIC IMPROVEMENTS --I_. .- -1_1- THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and RALPH G. HESLER AND CAROL 3. HESLER , hereinafter ref’erred to as “Pt-oper- ty Owne r” . REC I TALS_: WHEREAS, Property Owner has applied to City for an ADJUS1’FXNT I’LAT (/?IlJ 225 j for the real property hereinafter desc.ri’>ed, now under Property Owner’s ownersh i p ; and WHEREAS, it has been found that said property is not suitable 6 -, r . . , c.-:eveiopment i n its present cond i t ion, however said property woul’d be s:-~itable for development if certain pub1 ic improvements hereinaft-er described are constructed and certain irrevocable offers of dedication are made to City; and I WHEREAS, -the Municipal Code of City incorporated by reference herein require certain improvements and dedications as a condition of approval of this Adjustment Plat ; and WHEREAS, Property Owner has requested said Adjustment Plat be granted by City in advance of the t ime said improvements are to be I I il;-: LJ e ; dilJ ’ WtIEREAS, Property Owner, in cons idct-at ion o-f the approval of (1) . . e ‘- 1369 sa id Adjustment Plat 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 AGREE0 between the parties hereto as follows: Section 1. That City agrees to t-ecord,any irrevocable offers of dedication made by Property Owner for Chestnut Avenue Sect ion 2. That Property Owner, i n 1 ieu of maki ng the here i n- after described improvements before approval of said Adjustment Plat 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 required to make said improvements before May 1, 1983, or within such further period of time as is granted by City, provided, however, that upon the happening of either of the fol lowing occurrences said improvements may, at the sole election of City, be required 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 40% or more of the frontage, including the frontage of Property Owner, between inter- r~c:L i ng streets on both sides of the st’reet upon which the property herein described has ft-ontage, 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 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 $3988 . Property Owner hereby acknowledges that said cost is a reasonable estimate of enginecrinq 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 .---.----.22 That for the faithful pet-for-mancc of the promjses (2) and covenants herein co~lta i ned, Property Ow!Ier- t~ei e’tiy grants to Ci t‘y a lien upon the hereinafter described property in the amount of $3988 , 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 necessary for said engineering and construction, and the ent i re 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 said improvements. In the event same is not paid within 30 days ft-om 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- ments, 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 13wner, 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 transferees, and the 1 ien 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 shal.1 likewise bc of no force or effect against any owner whose tit lc to the property herc- inafter described is acquired by or as a result of a foreclosure or (3) t rus deed tees’ sale of any such purchase money inor of trust. Sect ion 5. That at any time during t gage or purchase money 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 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- pet-ty to be released from the lien herein imposed. Section 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 p:-operty injured by reason of said work or improvements, Owner, and 11 save the 11 claims, or claim- but all of said liabilities shall be assumed by said Property his successors, heirs, assigns , and transferees, and they sha City harmlr3ss from, and indemn ify the City against, any and a suits and 1 iabi 1 ities of or to any person or property injured ing to be injured as a result of sdid 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 inspect ion of improvements as may be required by the City Engitleer oi” City. Section 8. ---- Th i s agreement and the covenants conta i ned herein sha 11 be b i nd i nq upon and i nut-e to the bencfi t of the successors, Ilei rs , (4) * ‘. . . assigns, and transferees of Property Owner, shall run with said real property, and create an equitable servitude upon said real property. Section 9. A description of the property referred to herein and upon which said lien is imposed is described as follows: A portion of Lot "J" of the Ranch0 Aqua Hedionda, in the City of Carlsbad, County of San Diego, State of California. According to Partition Map No. 823 and shown for convenience sake on Adjustment Plat No. 225. 13’13 - ,* r t Section 10. The required irnprove;rents to be constructed and -_-- the estimated costs thereof are as follows: '7 Improvemen%s . -w- --4 105 1.f. Curb and Gutter @ $8.60 525 s.f. 4-Inch Sidewalk @ $1.75 1260 s.f.. Agg. Base 6-Iriches Thick.@'$.60 1260 s.f. A.C. Pavement 4-Inches Thick 0 $1.00 3 ea. Street Trees @ $50 Estimated Costs $ 903 919 756 1260 150 6 TOTAL COST $ 3988 Dated: L? / / J c . CITY OF CAKLSBAD, a Municipal Corporation of the State of California - 1 I STATE OF CALIFORNIA ) , '...-. .._ ) ss. . COUNTY '%,pN DIEGO ) '1 on --.- -‘. . . . . _, _., __ -- Notary Public in and"33qLsaid State, personally'apg --- said Municipal Corporation, *California, executed .and acknowledged to me that--6ch City of Car-l33 the same. ___._ -'". .--- __,...-.' *------L _,,,__/'.' __/--- ,~,..WWNESS my hand and official seal. I , .APPROVE . Notary Public I Vincent P. Hiondo, Jr, I City Attorney (Notarial ncknowledgcmcnt of execution of owners mur;l: hc atkacl~cd) - State of California 1 On this the &day of February 19 83 -, before me, County of San Diego SS. the undersigned Notary Public, personally appeared Ralph G. Hesler & Carol Jeanne Hesler known to me to be the person(s) whose name(s) are subscribed aa +l.r . . . ..L..- :-^L....---* ^.--I --I ._^... ,-A---1 IL-L thcw I OFFlClAL SEAL R KAREN A RENNIE NOTARY PUBLIC - CAUFORNtA R d SAN DIEGO GOUNW My mmm. RKplro6 mv 25, 1 4o(n &ttR way, n~rtside. CA 9205B LO LIIC: WILIIIII lrlsirurrterlL ~IIU dc;tvluwleugeu LrlaL ----J executed the same for the purposes therein contained. IN WITNESS WHCDC”C I hnr~,,..+r. me.+ m,, h....A -..A .-.IC:r:nl csel Notary Publk CENERAL ACKNOWLEDEEMEWT FORM STATE OF CALIFORNIA -j . . ', SS. COUNTY OF SAN DIEGO ) On &#&I/ /7, /983 before me the undersigned, a Notary Public in a for skid State, personAlly appeared Frank N. Mannen, known to me to be the Acting 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.