Loading...
HomeMy WebLinkAboutBP 76-158; Garrow, Margaret and Robert; 76-349451; Future Improvement Agreement/Release~RECOikNG REQUESTEo BY AND 1 WEN RECORDED MAIL TO; j city 6f c3r-lSb3d 1 ’ 12 43 ‘;H’)% 1200 Elm Avenue Carlsbad, CA 5?2008 1 WFiClAL RFCORt’5 SAN W3.X COUNTI. t’~!.ff, HAPLE’r F, jL:‘ja~ 1. . RECdAOEi? - --- Space above thi s 1 i ae for Recorder’s - ’ use I NO f i rm name City of Carlsbad Parcel No. 205-20-12 -- . . CONTRACT FOR FUTURE PUBLIC IMPROViMENTS THIS AGREEME’NT is made by the dity of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and Margaret E. and Robert L. Garraw, husband and wife, as joint tenants , hereinafter referred to as “Proper- ty Owner”. RECITALS: --- + WHEREAS, Property Owner has applied to City for a f01- the Building Permit Number 76-158 real property hereinafter described, now under Property Owner I S ownersh b; and WHEREAS, it has ‘been found that said property.is not suitabl e .- . * for development in its present condition; however said property would be suitabl,e 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 City, Chapter 18.40 requires certain improvements and dedications as a condition of approval of this . I’ , : . said Building Permit secur ing the construct it to be in the public construct ion; des i t-es to enter into this agreement ion of said improvements, and City has determined interest to agree to temporarily postpone said NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: Section 1, ’ That City agrees to record any irrevocable offers of dedication made by Property Owner for a Building Permit, Number 76-158 Sect ion -2. That Property Owner, in lieu of making the herein- after described improvements-before approval of said Building Permit 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. P,roperty Owner shall not be required to make said improvements before October 18, 1977 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 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- 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 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 $2,970.‘00 l 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 (2) -, ” _..- ,. ’ ’ X370 5 and construct said improvements in the manner and fied here in, he agrees that City may do any or al and covenants herein contained, Property Owner hereby grants to City a li’en upon the hereinafter described property in the amount of $2,970.00, 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 within the time speci- 1 of the following: (a) Have the necessary engineering for said improvements 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 said improvements. In the event same is not paid within 30 days from completion, City may foreclose said lien as provided by law for the foreclosure of mortgages. done, and (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) Pu.rsue 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 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.Pronerty 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 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 (3) 12371 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 sa,id 2urety 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, I 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 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 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 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 binding upon and inure to the benefit of the successors, heirs, ( 4 1 I. ,. ’ , _- 2372 . 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: The Southeasterly 110.93 feet of LOt 18 in Block "B" of the Resubdivision of a'portion of Alles Avocado Acres in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 2027, filed in the office of the County Recorder of San Diego County, May 17, 1927, EXCEPTING therefrom the Southwesterly '-; 173.00 feet. X X X X X X X X X (5) . . Section 10. The required improvements to be constructed and the estimated costs thereof are as follows: - Improvements Estimated Costs 4 1. One half street improvements including, $ but not limited to, curbs,gutters, 2. sidewalks, street paving & street lights along 110.93 feet of frontage of the 3. property,on Adams Street 2,700.OO 4. Engineering 5. 6. Dated: h?l%twz 270.00 TOTAL COST $ 2,970.oo . STATE OF CALIFORNIA ) ) ss. COUNTY‘OF SAN DIEGO ) CITY OF CARLSBAD, a Municipal ;jF=JyJ-;;~;ag;r On ci!zl%/R /97& before me the undersigned, a Notary Public i<and for said State, pe&onally 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, California, executed the same. WITNESS my hand and official seal. ._ APPROVED AS TO FORM: . &c-I’ c-d CM OFFICIAI CFAJ b - .-...- “b-m N~RII K. GARDINER ! NOTAR~ RJBLIC - CALIF . PRINCIPAL OFFICE IN b .SAN DIEGO COUNTY :,MY COMMISSION EXPIRES JAN. 2% 1gi30 I t c-c- (Notarial acknowledgement of execution of owners must be attached), . -6- r c TO 1944 CA (8.74) (Individual) 2374 TITLE INSURANCE AND TRUST STATE OF CALIFORNIA . t)E/ 6 b > AllCOR COMP*NY COUNTY OF s#ti ss. On OC7a.L3ER /r; I?76 before me, the undersigned, a Notary Public in and for said State, personally appeared 2LlALFRr 1 I &@&7 t2.2 fi/VD &h~Cd~~rr E. cl&dXouJ , known to me to be the personSwhose names-B-subscribed to the within instrument and acknowledged tha executed the same. WITNESS my hand and official seal. Signature ZtZZCI Ed’&-JY OFFICIAL SEAL NORA K. GARDINER : NOTARY PUBLIC - CALIF ‘9 PRINCIPAL OFFICE IN 3 SAN DIEGO COUNTY (This area for official notarial seal)