Loading...
HomeMy WebLinkAboutBP 77-564; Marshall, Douglas and Bonnie; 77-441969; Future Improvement Agreement/Release%X$:zDING REO)UESTED BY A'- ) WHE:;~' RECORDED MAIL ~0: i 1 /' < City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 1 \ , _~_~ _~~ ~ - Space above this line fbr Recorder's Use .~ tary transfer tax: $ No fee Signature of declarant determininq tax- firm name City of Carlsbad . . Parcel No. 215-231-22 -- _. CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMiNT is made by the City of Carisbad, a municipai corporation, hereinafter referred to as "City", and Douglas M. Marshall and Bonnie F. Marshall, husband and wife as Joint Tenants hereinafter referred to as "Property Owner". RECITALS: WHEREAS, Property Owner has applied to City for a Building Permit (Plan Check No. 77-564 1 _' for the real property hereinafter described, now under Property Owner's ownership; and - VHEREAS , 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 18.48 requires certain improvements and dedications as a condition of approval of this Building . Permit: and OJHEREAS, Property Owner has requested said Building Permit be granted by City in advance of the time said improvements are to be made: _I WHEREAS, Property Owner, in consideration of the approval of . ::&&d 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~+p~one sajd constructhcc; siLE/PBi;E Hi;: 71-@1~ Boan II gy I* ~.--- RFCORPEQ REQUEfifijf “‘w~&?ii. CITY CLERK Ocr 2s !a 40 flM ‘7-I . ;-. ,;,, j;, ;;f~,!;~gg”a !+ I ~LALIF. NQ FEE r!r,Fii.L‘! i!, Lril)QH ktCi)iidF Fi . - 1 follpws': NOW, THEREFORE, IT IS AGREED between the parties hereto as Section 1. That City agrees to record any irrevocable offers of dedication made by Property Owner for said Building Permit (Plan Check Number 77-564 ). . 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 instaiied 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 October 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- . 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 $ 712.00 , _. 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 .- . - I . . 529 and covenants herein contained, Property Owner hereby grants to City J li’en upon the hereinafter described property in the amount of’ $ 712.00 (’ plus .any future increases of cost in excess of this sum result increased engineering and construction cost,s, and in the event Owner, his successors, heirs, assigns, or transferees fail to ng from Property nsta 11 and construct said improvements in the manner and within the time speci- . fied herein, he agrees that City may do any or al 1 of the following: (a) Have the necessary engineering for said improvements done, and instil1 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 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 no! paid within 30 days from completion, ‘C’ity may foreclose said. lien as provided by law for the foreclosure of mortgages. (b) Direct the C ity Eng i engineering, and the work required . neer to estimate the cost of necessary 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 e Property Owner, his successors, heirs, assigns, and transferees, shall be liable for reasonable attorney’s fees as a cost .in said- proceedings. l 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 orpurchasemoncy deed of trust for value \vhich has been or may in the futurs be executed by the Property Owner, his successors, heirs, assigns, or transferees, and the lien hereby created s’hall 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 title to the property h’crc- inaftcr described is acquired by or as a result of a foreclosure or (3) ‘, . I . - ,530 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 sa’id 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 shal.1 any officer or employee thereof, be liabl6 or responsible for any accident, loss or damage happen-in9 or occurring to the work or improvements speci f i ed i n 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 rea-son 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 succes’so”rs, 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 wi 11 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 shall bc btndino tIpon and inure to the benefit of the successors, heirs, (‘4 . assigns, and transferees of Property Owner, shall run wi.th said. real property, and create an equitable servitude upon said real property. Sect ion' gv A description of the property referred to herein and upon which said lien is imposed is desdribed as follows: Lot, 194 in La Costa Valley Unit No. '4, City of Carlsbad, County Of San Diego,*State of California, according to Map thereof No. 5781, filed in the Office of the County Recorder of Sa.n Diego County September 14, 1966. . . xx. xx . xx xx . xx ._ .’ . xx . xx . xx xx . ,xX Section 10. The required improvements to be constructed and the, estimated costs thereof are as follows: , Improvements Estimated Costs 535 S.F. of 4"'P.C.C. Sidewalk $ 562.00 Lump Sum Grading ' 150.00 Dated: TOTAL COST $ 712.00 CITY OF CARLSBAD, a Municipal Corporation of the State of STATE OF CALIFORNIA ) I ) .ss. COUNTY OF SAN DIEGO ) On before me the undersigned, a Notary Public in and for said State , pe&onally appeared Paul D. Bussey, known to me to be the City Manager of t-he 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. e . WITNESS my hand and official seal. Notary Public APPROVED AS TO FORM: . City Attorney (Notarial acknowlcdgemont of execution of owners must be attached). I I * -c- . ,- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 'Se x33 . . . I',* On October 24. 1977 before me, the‘ undersigned, the City Clerk .the City of Carlsbad, a city within the said County and State, personally of appeared PAUL D. BUSSFY known to me to be the #Rdx City Manager ~n~~xboxwaxQ&bnx#exxxxxx~x~~xxxxxxxxxxx~of the corporation that executed the within Instrument, known to me to bethe':persons who executed the within Instrument on behalf of the corporation.~~tlrf~~ei.h.~'rq~~e,~~ and acknowledged to me that such corporation executed the within.+ins'trtitient pursuant to its by-laws or a resolution of its board of direct&$::' .J.rmf i,, -,, h J.p..,;, -: 1 , " '. ',L L .-_*.. *_.._ ,.* ,v*. I -' : : .; 2. -i 1 _.* *,a . . ' is / *- : ,.~ L .i : ,'-- : .- ._. ; *. ‘,, l . : .‘. .,, I ~ _ , ; . . ‘:,, w-*,.;s.;.“-3* 1 ’ I,, “.I -.*. TO 4.1 CA (4.7,) (Individual) TITLE INSURANCE ’ AND TRUST STATE OF CALIFORNIA > AllCOR COMPANY ss. COUNTY OF Orange On October 13, 1977 before me, the undersigned, a Notary Public in and for said State, personally appeared M. mshall and e-F. Marshall , known to me to be the person S whose name S are subscribed to the within instrument and acknowledged that- executed the same. WITNESS my hand and official seal. Signature Name (Typed or Printed) (This arem kr omoid notarial ual)