HomeMy WebLinkAboutBP 77-391; Menconi, Conrad & Betty, & Menconi, James & Carol; 77-388311; Future Improvement Agreement/Release-’ ,
yx0RDL:xi r;EQ”ESTED BY i 1 ) WHEN RECT!RDED MAIL TO:
; City of Carlsbad
I-200 Elm Avenue 2248 ;
Carlsbad, CA 92008
Space above this line for Recorder's Use
Docuzentary transfer tax: $ No fee
Signature of declarant deterxnininq tax- firm name
. City of Carlsbad
Parcel No. 215-270-29 w
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as "City", and Conrad J. Menconi and Betty S.
Menconi, husband and wife as community property; and James C. Menconi and,Carol Menconi, husband
and wife as community property, each as to an undivided one-half intest, all as tenants in
common
hereinafter referred to as "Property Owner".
RECITALS:
WREREAS, Property Owner has applied to City for a
Building Permit (Plan Check No. 77-391 ) .
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 it s 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 City;
and; .
WHEREAS, the Municipal Code of City, Chapter 18.40 requires certain
improvements and dedications as a condition of approval of this Building
Permi,t; 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
said Building Permit 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;
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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 said Building Permit (Plan Check
Number ?7:391 1.
. Section 2. That Property Owner, in lieu of making the hereinafter
- 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 specifications 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
September 15, 1978 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 improvements
to City specifications;
(b) When owners of more than 50% of the frontage, between inter-
secting 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
improvementsat the time of signing this contract is $1,142.00 .
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)
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and covenants herein contained, Property Owner hereby grants to City a
li’en upon the hereinafter described property in the amount of $ 1,142.OO.
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’transfcrees fail to install
and’construct said improvements in the manner and within the time speci- e
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 i.mprovements 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 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, ‘CYty may foreclose said 1 ien 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-
merits, 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 or purchase money 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 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 tit lc to the property hcre-
inafter described is acqufred by or as a result of a foreclosure or
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2=351’~
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 s
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 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 liable 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 1 iabi 1 ities of or to any person or property injured or cla.im-
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.
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
public 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.
Sect ion 8. This agreement and the covenants contalned herein ,
shall bc binding rrpon and inure to the hcncfit of the successors, hclrs, ( II 1
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assigns, and transferees of Property Owner, shall run with said real
property, and create an equitable servitude tipon said real property. *
Section 9.- A description of the property referred to herein
and upon which said lien is imposed is desdribed as follows:
' Lot 89 of La Costa Meadows Unit No. 1, in the County of San Dieg, State
of California, according to Map .thereof No. 6800, filed in the Office of the County
Recorder of San Diego County, December 9, 1970.
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Section 10. The'required improvements to be constructed and
the. estimated costs thereof are as follows:
, Improvements Estimated Costs
373 S.F< of 4" P.C.C. Sidewalk . $ 392.00
75 L.F. of 3' High Retaining Wall . 750.00
, TOTAL COST $ 1,,142.00
Dated: *.
CITY OF CARLSBAD, a Municipal
STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) ,
On before me the undersigned, a Notary Public in and for said State, peisonally appeared Paul D. Bu&sey, ' 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. - . w
Notary Public
APPROVED AS TO FORM:
. .
3(Notarial acknowledgement of execution of owners must be attached).
- . .
m 1m44 CA la.741
(Ind~viduat)
STATE OF CALIFORNIA
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_- s. COUNTY OF nafl tih4-z
. _- ----
!g %TLE INSURANCE AND TRUST
AncoacoMPLJn
t31L-.zv~yr 1J; 1877 before me.* undersigned. a Notary Public in and for said
State, personally appeared . !at’Cwq f-. flq /\lcr,/Jr JR $ c ’ tJl$#MJ A dllFN~/ _
-- ..knowntome
to be the perso&whose nammc5xubsciibed
to the within instrument and acknowledged thaF* .
executed the same. ’ MIKEL L. McCULLO
WmNESS my hand and official seal. NOTARY PUBLIC - CALlFORNlA
ORANGE COUNTY
4299 /v\oc,w),.,r ~lv.-1. Nt:/port R~ocl~. CA 92660
. (This area for ofkial notarial seal)
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) “-
On September 19, 1977 before me, the undersigned, the City Clerk of
the City of Carlsbad, a city within the said County and State, personally
appeared PAUL D. BUSSEY known to me to be the *
CltY Managerxxxxxxxxxxxxxxxxxxxxx
~~~xboxwa~B~x~xxxxxxxxxxxxxxxxxX~X,~theted
the within Instrument, known to me to beJ..t,he:jpecs,ons, who executed the within
Instrument on behalf of the corporation.;$~~~~?~~~~~~~, and acknowledged to me
.that such corporation executed the wit,$n ~~~ns~t;ru+men,t &rsuant to its by-laws
or a resolution of its board of direc$qf.:.:" (
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HUDIVIDUAL ACKNOWLEDGMENT
State of Californi “’
N*’ . . . . .._________ ___ .______ _ ____ __ __._. .-County 0 ______ _____ _ ______________ _ _ _ _ . _ . I S.S.
(SEAL)
\ . . . . . . . . . . . .
y commission expires ______.
known to me to be the perso&..whose nam d Aez __....__._.__..._. _. . . .._......_._ subscribed to the within
jnstrument, and
-County and State
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FiLEtPAGE NO..-,---. soon 1977 RECOROfi)REQUESTOF
!fFf~lI:IAl. RECORDS SAN IllfiGS CUIJN'fY.CALIF QAhi.i'r F. ai3ow k&COROEii