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HomeMy WebLinkAboutBP 76-217; Hoppert, Vincent and Geraldine; 76-429809; Future Improvement Agreement/Release4 *:,t::li,;lDk IiEQUESTED BY -4ND ) ’ .WtiEh’ RECORDED MA I L T/O; 1 City of Carlsbad *’ 229; 1200 Flm Avenue Carl sbad, CA 22008 1 ’ \ r--T mw NO. 76-4Z3808 - - BOOK 1976 RECORDEDREQUESTOF MuL w.sc.iG ..m....- CITi CL~~X lkc 22 10 59 RN ‘76 1 . :- Off ICIAI. I? ECOF D 5 SAN DIEW CUlJNl Y. CAi.;i. Space above ‘this Ii ’ use . , rans’fer tax: $No fee Signature of declarant determining tax- firm name City of Carlsbad Parcel No. 155-180-14 . . CONTRACT FDR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the dity of Carlsbad, a municipal corpotation, hereinafter-referred to as “City”, and Vincent L. and Geraldine K. Hoppert , hereinafter referred to a; “Proper- ty Owner”. REC I TALS: * WHEREAS, Property Owner has applied to City for a Building Permit for the real property hereinafter descri-bed, now under Property Owner’s ownership; and . . I WHEREAS, it has ‘been found that said property. is not su;*table for development in its prksent condition; however said property‘ wou Id be suitab-le for development if certain public 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 cer-Lain improvements and dedications as a condition of approval of this Building Permit; . and WHEREAS, Property Owner has requested said Building Permit be granted by City in advance of the time said improveme'nts are to be made; and WHEREAS, Property Owner, in consideration of the approval of . .I -E i w -4 5 . 230 said + Building Permit desi res 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 AGREED between the parties hereto as fell lows: ._ Sect ion’ 1. ’ That City agrees to record any irrevocable offers of dedication made by Property Owner for Building Permit No. 76-217 Sect ion -2. That Property Owner, in lieu of’making the herein- ” ‘I 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 wi th plans and sRecif i- cations approved by the City Engineer within 60 days after written demand so to do by City. Property Owner shall not be requi red to make said improvements before December 15,1977. qt- 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 o? time which may have been granted by C.ity: -I ._ (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 s.treet upon which the property herein _ described has frontage, have agreed with City to install street improve- . ments to City specifications. . ; ,’ e - (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 dis.trict 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 f ,I $575.00 . 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. Sect Ion 3. That for the faithful performance of the promises 0) . . . . c . . . . X31 and covenants herein contained, Property Owner hereby grants to City a li’en upon the hereinafter described property in the amount of $575.00 , 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 s.uccessors, heirs, assigns, or transferees fai 1 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- wise. City or its contractor and his employees may enter upon any portionor 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, heirs, assigns, or transferees immediately upon completion of said improvements. In t’he event same is not paid within 30 days from completion, ‘C?ty 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- ment s , 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 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 orpurchasemoney deed of trust for value which ha’s been or may in the’ futur 3 be executed by the Property Owner, his successors, heirs, assigns, or transferee.s, and the 1 ien hereby created shall be and is hereby’subordinated to and declared to be inferior and subsequent in 1 ien to the 1 ien 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 tl t le to the property here- fnaftcr described is acquired by or as a result of a fore$losure or (3) , . 1 4. L :. ; I_ r _.- ; -. * I i. _: “. ._ :. .- L -. -. .- -. :- - ., :. : ‘: I .‘. i ,; . . . :, ,‘i .I ;, I, .: ~ ’ ,* ’ I : . . 1 _.-. . . I . 1232 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 p’rovided, 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 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, 1 and that upon deposit of said cash or posting of said bond the City : agrees to release the property, or any port ion 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 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 improveme,nts, . but all of said liabilities shall be assumed by said Property Owner, and i 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 1 ities of or to any person or property injured or claim- ; ing to be injured as a result of’said work ,or improvements; Said Pro- . Y perty Owner, and h.is 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. Sect ion 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 ‘: 1 public of any dangerous or defective conditions of pu,bl ic property.’ The. ; Property owner hereby agrees to pay for such inspection, of improvements i as may be required by the City Engineer of City. I’ Sect ion 8. This agreement and the covenants contained herein t shall bc blndinq lipon and inure to the benefit of the successors, he1 t-s, ( ‘1 > v .I , t 1 . . l 2x3 assigns, and transferees of Property Owner, shall run with said real property, and create an equitable servitude upon said real property. Sect ion 9. A description of the property refkrt-cd to herein and upon which said lien is imposed is desdribed as follows: That certain portion of Tr'act No. 2, Laguna Mesa Tracts, in the City ._ of Carlsbad, County of San Diego, State of California, according to Map thereof-No. 1719, filed in the office of the Recorder of said County, along with a portion of Carlsbad Road. as said road is.shown on the Map of San Diego . . County Road'Survey No. 135, being described as follows:. '2, Beginning at the intersection of the center line of Carlsbad Road . * with the, Westerly line of Jefferson Street, 60.00 feet wide as said street -.. is shown on the Map of San Diego County Road Survey No. 843; thence along said center line of Carlsbad Road North 52O 29' 00" West 128.15 feet; thence .North 23O 44' 00." West 65.82 feet.; thence North 3O 59' 00" West 159.92 feet to the TRUE POINT 'OF BEGINNING; thence continuing along said center line North 3O 59' 00" West 218r50'feet; thence North 3O 31' 00" East 36.61 feet; thence leaving said center line.South 60° 08' 55" East 41.08 feet: thence E'ast 130.32.feetl thence South 71° 12' ,' 25" East 39.68 feet We.sterly line of said Jefferson Street, said.Westerly line .: radius curve concave Easterly, a radial line to said point South 7O 47' 05" to a point on the being a 43t.00 foot bears North 77O 02' .' 41" we-s 100.0'0 t; thence Southerly along said Westerly line 'and the arc of said curve, ;, a radia feet through a central angle-of.13°019' 29" to a point on said curve, 1 line to said point bears South 89 3-7' 50" West: thence leaving said : Westerly line and said curve North 8'4O 01' 28" West 67.35'feet to the TRUE 1 POINT OF BEGINNING . . c . . xx . I :,. - . .\ .-. ‘.’ xx .’ . XX xx . . 234 . Section 10. The required improvements the. estimated costs thereof are as follows: , Improvements 1. 100' PC sidewalk 5' wide @ $5.00/ft. 2. Contingencies @ 15% - .I ” 3. . 4. 5. 6.' to be constructed and Estimated Costs 75.00 . TOTAL COST $ 575.00 Dated:/Z-//o - xc STATE OF CALIFORNIA COUNTY OF SAN DIEGO _, &&, . \. ,Y&.f$L&~ Property Owne& 1 ARLSBAD, a Municipal the State of ) ss. 1 . I on ~/s/77& before me the undersigned, a Notary Public startk? , - personally 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: . City Attorney . (Notarial acknowledgement of execution of owners must be attached), -c- - STATE OF CALIFORNIA COUNTY OF- San Dieqo 0 December 10, 1976 ss. before me, the undersigned, a Notary Public in and for said County and State, personally appeared Vincent I - Hoppert and Geraldine K. Hoppert , known to me to be the pers0n.L whose namLsubscribed to the within instrument and acknowledged that are executed the same. FOR NOTARY SEAL OR STAMP