HomeMy WebLinkAboutBP 77-303; Snider, Charles and Martha; 77-307353; Future Improvement Agreement/Release, LL : .
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. *RECCRD ING REQUESTED BY AND ) RECORDED RLQUES? F,F
WHEN RECORDED MAIL TO: ) City Clerk 1 . ADDRESSEE *
City of Carlsbad 1 * JUl29 9 29bM’77
1200 Elm Avenue
Carl sbad, CA 92008 ; OFflClAF RZCORDS
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.SA)J OlEGO clslJW?Y.CA~IF. HARlETF.Bl.DDM RECORDEii
1 SpB’ce above this line for Recorder’s
use . NO FEE
. Documentary transfer tax: $No fee
Signature of declarant determining tax-
firm name
City of Carlsbad
Parcel No. 205-220-26
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CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the dity of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and Charles w- &i&r and
Martha H. Snider, husband and wife , hereinafter referred to as “Proper-
t y .Owne r’l ,
RECITALS:
. WHEREAS, Property Owner has applied to City for a
Building Permit 77-303 I
for the real property hereinafter described, now under Property Owner’s
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 pub1 ic improvements hereinafter
described are constructed and certain irrevocable offers of dedication
we 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
Building Permit;
and
WHEREAS, Property Owner Has requested said Building Permit
be granted by City in advance of the time said improvements are to be
made; and
WHEREAS, Property Owner, in consideration of the approval of
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said Building Permit desires to enter into this agreement
securing the construction of said improvements, and City has determ i t-ted
it to be in the public interest to agree to temporarily postpone sa id
const ruct ion;
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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 Building Permit No. 77-303
Section -2. That Property Owner, in lieu of making the herein- ‘. -1 r;
after described improvements. before approva 1 of sa id 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. Property Owner shall not be requi red to make
said improvements before July 1, 1978 qr 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 s’ooner than said date or such I
extended period of time which may have been granted by City:
(a) When th,e 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
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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 . I i.
said improvements at the time of signing this contract is $4,246.00 '. j, ,'
Property Owner hereby acknowledges that said cost .i’s a reasonable * ” ‘I
estimate of engineering and construction costs at this timc,and that the 1
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
(2)
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and covenants herein contained, Property Owner hereby gt-ants to City a
1i’en”upon the hereinafter described property in the amount of $4,246.00,
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 fa i 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 emp’loyees may enter upon any
portion or 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 the event same is not paid within 30 days from
completion, ‘C.ity may foreclbse said lien as provided by law for the
foreclosure of mortgages.
! i (b) Direct the City Engineer to estimate the cost of necessary
engineering, and the work required to insta’ll 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 Owner, his successors, heirs, assigns, and transferees, shall
be liable for reasonable attorney’s fees as a cost in said-proceedings.
Sect ion ic. 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 lien hereby created
shall be and is hereby subordinated to and declared to be inferior and
subsequent in lien to the 1 ien of any such purchase money mortgage ‘er
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 her-e-
inafter described is acquired by or as a result of a foreclosure or
(3)
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 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 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
employee thereof, be liable’ or responsible for any accident, loss or
damage happen.ing or occurrihg 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
any persons or prpperty injured by reason of
but all of said liabilities shall ‘be assumed
thereof, be 1 iable for
said work or improvements, .
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 proper,ty 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 Qwner 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,
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assi,gns, 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 referred to herein
and upon which said lien is imposed is desiribed as follows:
That portion of.Tract .245 of the Thum Lands, in the City of
Carlsbad, County of Sa'n Diego,.State of California, according to the
Map thereof No. 1681, filed in the Office of the County Recorder of
San Diego County,.December 9, 1'915; bounded by -a line described as
fol'lows~:
Beginning at the intersection of the center line of Valley .
Street and Chestnut Avenue; thence along the center line.of Chestnut
Avenue, South 61”21’ West a distance of 155.75 feet to a point; thence
South 28"39' East a distance of 159.32 feet to a point; thence North
61'21' East a distance of .155.75 feet to a point on the center line of
Valley Street; thence North 28"39' West along the center line of Valley
Street, a di'stance of 159.32 feet to the poSnt of beginning.
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xx
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Section 10. . The required improvements to be constructed and
the. estimated costs thereof are as follows:
, Improvements
1. Concrete curb & gutter,115 l.f.@ $4.50
2 .\, 4" P.C.C. sidewalk - 575 s.f. @ $1.05
3.' A.C. pavement & base 2128 s.f'. @ $0.55
4. Ornamental street'light - 1 ea.9 $l,lOb.
5. Incidental grading, 150 c.y. @ $2.00
6. _~ Engineering & contingencies (15%)
Estimated Costs
$ 518.00
604.00
1,170.oo
1,100,.00
300.00 .
554.00
TOTAL COST $ 4,246.OO '
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD, a Municipal
i SS. ,
1. .:
On 027 /P77 before me the undersigned, a
: known to me to !?e Notary Public i said State, peisonally appeared Paul' D. Bussey, 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 MunicipalCorporation, - and acknowledged to me that such City of Carlsbad, California, executed ihe same. . .
WITNESS my hand and official seal. :
APPROVED AS TO FORM:
NORA K. GARDtNER
I NOTA? I’uBLIC - CALIF. i
.PRrNCIi-AL OFFICE IN \
SAN UIEGO COUNTY
(Notarial acknowledgement of execution of owners must be attached).
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- I-III - -.- --. .-- TITLE INSURANCE
:. ’ 130 - - ANU ltilJ51
ATICON COMPANY
TO 447 CA (.-71)
(Individual)
Public in and for said
!Y , known to me
:
t to the within instrument and acknowledged that executed the same.
( MY COMM\SSloN EXPIRES “EC. ‘*- lg7* \ e-rCZZ*M-ZC-JZ-~
Name (Typed or Printed)
(This wea for offkid notarial real)