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HomeMy WebLinkAboutBP 77-465; Murphy, Russell & Lorraine, & Goubert; 77-467196; Future Improvement Agreement/Release. .s. e.. R!5Ct~RD!:NG RE:QUESTEB BY AL.2 ) w1m RECoRDm MAIL TO: 1 ADDRESSEE City of Carlsbad 1200 Elm Avenue 3_9:3s i Carlsbad, CA 92008 i NW 16 1 27 Pi! ‘11 ;. ---I Space above this line for -A- Documen ary transfer tax: $ No fee NO FEE - Signature of declarant determining tax- firm name City of Carlsbad Parcel No. 215-450-14 --- CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS -- - THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred t;o as "City" ,' and Russell C. Murphy and Lorraine E. Murphy, husband and wife, and Joseph E. Goubert and E. Carolyn Goubert, husband and wife as tenants in common, hereinafter referred to as "Property Owner". RECITALS: WHERE.AS, Property Owner has applied to City for a Building Permit (Plan Check No. 77-465 ) 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 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 Permit; and WHE-REAS, Property Owner has requested said Building Permit be ,' . qranted by City in advance of the time said improvements are to be made; and WHEREAS, Property Owner, in consideration of the approval of said Bsuilding 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; . . ’ - 3.9:39 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 77-465 ). 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 of time which may have been granted by City: extended period (a) When the City Council finds that the owners of 40% or more of the fron::age, including the frontage of Property Owner, between inter- setting 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 $1,151.00 . 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 Section 3. time in the future may exceed this estimate. That for the faithful performance of the promises (2) . .I 1~94Q ’ and covenants here i n conta i ned , Property Owner hereby grants to Ci ty a li’en upon the hereinafter described property in the amount of $ 1,151.00, plus any future increases of cost ‘iti exccsS of this sum resulting from increased engineering and construction costs, and in the event Property Owner, his successors, 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 portion or portions of the pkoperty 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 t’he event same is not paid within 30 days from completion, ‘C’ity may foreclbse s’aid lien as provided by law for the foreclosure of mortgages. (b) Direct the‘City Engineer :o estimate the cost of necessary engineering, and the work required to install and construct said improvc- 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 beneficiarieg of any purchase. money mortgage orpurchasemoney deed of trust for value which has been or may in the futur? 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 lien of any such purchase money mortgage or purchase money deed of trust. The lien hereby create? shall likewise be of no force or effect against any owner whose tit lc to the property hcre- Inafter described is acquired by or as a result of a foreclosure or . (3) . . ‘c . t rus tees I 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 depos.it 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 suc.h 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 happening or occurring to the work or improvements specified in this agreement prior to the completion and acceptance of the same, nor shall said Si,ty, 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 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- 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 construct ion 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. zection 8. -- This ngrcement and the covenants contained herein shn 11 he b i ndi nq crpon and i nurc to the benefi t of the s(Icccssors, heT I-!;, ( ‘1 ! - ) * * - - - I!342 . . assigns, and transferees of Property Owner, shall run witk said real pwerty, 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 described as’ follows: Lot 702 Of LA COSTA MEADOWS UNIT NO. 4, in.the County of San Diego, State of California, according to Map thereof No. 7367, filed in the Ofcice of the County Recorder of San Diego County, on July 19, 1972. xx . xx . xx xx . xx xx xx XX xx c xx : .’ - xx xx xx’ xx xx .,, . . . .I,’ - . I L . I943 - Section 10. -- The required improvements to be constructed and the, estimated costs thereof are as follows: Improvements 906 S.F. of 4"'P.C.C. Sidewalk Lump Sum Grading ' 'Estimated Costs , $ 951.00 200.00 TOTAL COST $1,151.00 C STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD, a Municipal ; ss. 1 . on &auLv 9.1977 before me the undersigned, a Notary Public in and for saild State, peisonally 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- TO ,944 CA (8.74) (Individual) STATE OF CALIFORNIA TITLE INSURANCE AND TRUST Orange f 35. COUNTY OF On November 2, 1977 before me, the undersigned, a Notary Public in and for said State, personally appeared Jose& E. Goubert & E. Carolvn Goubert & Russell C. Murphy & LorraineE. Murphy , known to me to be the person’whose name *s are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. Signature $*******************~~~~VV~~~~ OFFICIAL SEAL : : NANCY B. HOPPER I : NOTARY PUBLIC - CALtFORNIA : PRINCIPAL OFFICE IN ORANGE COUNTY ; ) My Commission Expires Aug. 30, 1981 $ l *****v******+*****+vtvv+vv~.~ (This area for official notarial seal)