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;
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RFCORPEQ REQUEfifijf
“‘w~&?ii. CITY CLERK
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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
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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
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xx
xx
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xx ._ .’
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xx
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xx
. xx
xx
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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
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.
,- 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 : ,'-- : .- ._. ; *.
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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)