HomeMy WebLinkAboutBP 77-469; Santana Rancho Inc; 77-348777; Future Improvement Agreement/Release. , .’ * -To
'REZORDING REQUESTED BY ..AD ) WHEN RECORDED MAIL TO: 1
- 772348777 PILE/PAGE NO.-.---. BOOK 1977 RECOROEDREQUESTO~ I
City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008
) 1 ADDRESSEE‘
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BFFICiAI. RECORDS
-1 Space above this line
meztary transfer tax: $ No fee
Signature of declarant determining tax- firm name City of Carlsbad
Parcel No. 215-110-22
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
' corporation, hereinafter referred to as "City", and
Santana Rancho, Inc., a California Corporation
hereinafter referred to as "Property Owner".
RECITALS:
WHEREAS, Property Owner has applied to City for a '
Building Permit. (Plan Check NO. '77-.469 )
for the real property hereinafter described, now under Property Owner's
\ ownership; and
WHEREAS,
development in its
for development if
.:
it has been found that said property is not suitable for
present condition: however said property would be suitable
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
. . granted by City in advance of the time said improvements are to be made;
.and .
WHEREAS, Property Owner, in consideration of the approval of -1
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 sai.d construction;
NOW, THEREFORE, IT IS AGREED between the parties hereto as
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follows:
Section 1. That City agrees to record any irrevocable offers
of dedication made by Property Owner for said Building Permit (Plan Check
Number 77-469 ).
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, 1 I"
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 1, 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 impr0vemen.t
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 $ 685.00
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 $ 685.00 ,
plus any future increases of cost in excess of this sum resulting from
increased engineering and construction cost.s, and in the event Property
Owner, his s.uccessors, heirs, assigns, or transferees fail 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 I I”
done, and install and construct said improvements by contract or other-
wise. City or its contractor and his empl.oyees 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, ‘C.ity may forec1bs.e said. lien as provided by law for the
foreclosure of mortgages.
(b) Direct the City Engineer to estimate the cost of necessary
eng i neer i ng, 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 agre’ed 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 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 tit Ic to the property here-
inafter described is acquired by or as a result of a foreclosure or t
(3)
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L-ustees’ 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 c
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 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 , cr.
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, c
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, assijhs, and transferees, further
agrees to protect said City and the officers and employees thereof f ram
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 contained herein .
shal 1 hc bt ndinq trpon antI inure to the bcncfit of the s[Icccssors, hci t-s,
( ‘1 >
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9’74 .
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assigns, and transferees of Property Owner, shall run w.ith said real
property, and create an eq’ui,ta.ble servitude upon said real property.
Sect ion 9. A description of the property referred to herein
and upon which said lien is imposed is desdribed as follows:
LII~ '49 of La Cpsta Val'ley Unit No. 1, in thebunty of
San D.iego, State of*Califoknia, according to Map thereof No. 5434,
filed- in the Office of the County.Recorder of San Dieg.o County
July 29, 1964. I I” . . _ xx . .
xx
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l xx . . .
t
xx xx. -
xx x.x ‘.
xx xx 1
xx -e .- xx
xx
3’
.
. xx
. . xx
(5)
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Section 10. The required improvements to be constructed and
the. estimated costs thereof are as follows:
, Improvements Estimated Costs
1. 509 S.F. of 4" PCC sidewalk $ 535.00
2. Lump Sum Grading . 150.00
TOTAL COST $ 685.00
Dated: gsyJ77 I ,
V/& 4@ ?zez%4!~ roperty owner
CITY OF CARLSBAD, a Municipal Corporation of the State of California
B" bt#4!!& cqi?%%+> mw
STATE OF CALIFORNIA ) &au1 D. Bussey, City Manager
) ss. COUNTY OF SAN DIEGO ) .
On before me the undersigned, a Nbtary Public in 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.
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APPROVED AS TO FORM:
Notary Public
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(Notarial acknowledgement of execution of owners must be attached).
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( Corporation 1 9’76 0 TI ,
STATE OF CALIFORNlA
! COUNTY OF San Diego ~-I_
On August 19, 1977 hefore me. the ondercigned, a Notary Public in and for said . State, personally appeared avid A- RI-
w known to me to be rhe vi TIP Prrsident,ZBXQC
-XSHK#of th e corporarion that executed the within Instrument,
e the persons who executed the within y lnsirument on behalf of the corporation therein named and . . _.
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arknr,wledged to me that such corporation exe&ted the within in+tr,,ment pursuant to its by-laws or a resolution of its board of directors.
Name (Typed or Printed)
(This area for omciat notarial seal)
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(Corporation)
STATE OF CALIFORNIA SAN DIEGO ss.
COUNTY OF
On a 5 t 7 3 +.. before me, the 1
State, personally
known to me to be the
known to me to be known to me to be Instrument on behalf of the corporation therein named,. a@ acknowledged to me that such corporation executed the w&m instrument pursuant to its by-laws or a resolution of its board of directors.
seal.
i Sheila B. Tarvin
Name (Typed or Printed)
(This area for official notarial seal)
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undersigned, a Notary Public in and for said
nWTN
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toration that executed the within Instrument,
SHEILA 5. TARVIN Noky Public-CoSfornio
SAN DIEGO COUNTY isslon Expires NQV. 24. 19 1-11111-*1
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78 : -11.
SPECIAL MEETING OF THE BOARD OF DIRECTORS
OF
SANTANA RANCHO, INC.
a
At a special meeting of the Board of Directors, the undersigned, the sole director of Santana Rancho, Inc., hereby certifies that David Blair, Vice President, was duly authorized to sign singly on behalf of this corporation on all matters pertaining to the acquisition, development and sale of real estate.
Dated this 19th day of August, 1977
James W. Howard Sole Director