HomeMy WebLinkAboutBP 77-662; Sandknop, Clark and Elaine; 78-194320; Future Improvement Agreement/ReleasePZC&DING REQUESTED BY -D ) WHEN -RECORDED MAIL TO: 1
City of Carlsbad .1200 Elm Avenue Carlsbad, CA 92008
.) . _ 78-194~~ Space above this line for Recorder's Use
F]LE/S'AT-;E ::I?.,,,-- ROOK I.918 ~ECORDEDREOUESTOf '
c&i%%!?? CITY CLERK
gj; 12 IO 2!2 M '78
Documentary transfer tax: $ No fee e/c
Signature of declarant determining tax- firm name City of Carlsbad
Parcel No. 216-280-20
ms FEE
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal -
corporation, hereinafter referred to as "City", and
ELAINE M. SANDKNOP, husband and wife, as joint tenants .
hereinafter referred to as *'Property Owner".
RECITALS:
WHEREAS, Property Owner has applied to City
Building Permit (Plan Check No.
for the real property he>einafter described, now under Property Owner's
ownership: and
WHEREAS,
development in its
for development if
t
it has been found that said property is not suitable for
present cond?'tion; 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
WHEREAS, Property Owner has requested said Building Permit be
granted by City in advance of the time said improvements are to be made: 4
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;
follows:
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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 77-662 ).
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; ;31
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
May 15, 1979 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 Eity Council finds that the owners
of the frontage, including the frontage of Property Owner,
setting streets on both sides of the street upon which the
r,
of 40% or more
between inter-
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 $ -635.00' .
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
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and covenants herein contained, Property Owner hereby grants to City a
?i’en upon the hereinafter described property in the amount of $ 635.06 ,
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 s.uccessors, heirs, assigns, or transferee5 fa i 1 to install
and construct said improvements in the manner and within the time speci-
f ied herein, he agrees that City may do any or all of the following: _ .
(a) Have the necessary engineering for said improvements 2~ -
done, and install and construct said improvements by contract or other-
wise. City or its contractor and his emp’loyees 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 not paid within 30 days from
completion, ‘C’ity may fo’reclose said lien as provided by law for the
foreclosure of mortgages. ..E.
(b) Direct the City Engineer to estimate the cost of necessary
engineering, and the work reqifired 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 Dwner, his successors;%theirs, 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 orpurchasemoney 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 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 title to the property here-
inafter described is acquired by or as a result of a foreclosure or
(3)
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trustees’ sale of any such purchase money mortgage or purchase money
deed of trust. _A
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
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 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 1 iable for
any persons or property injure\d by reason of said work or improvements, .
7 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 liabilities of or to any person or property injured or claim- ‘\
ing to be injured as a result of said work or improvementsi 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.
Section 7. -- It is further agreed that said Property Owner will
at all times up to the completion and acc,eptance of said work and im-
provements by the City, give good and adequate warning to the traveling
pub1 ic 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 be binding upon and inure to the bencf i t of the successors, hei rs,
( 4 1
_.. . _. - +
assigns, and transferees of Property Owner, shall run with said real
property, and create an equitable servitude upon said real property.
Section 9. A description of the property referred to herein
and upon wh'ch said lien is imposed is described as follows:
Lot.349, LA COSTA SOUTH UNIT #5, according to Map thereof No. 6600,
filed in the Office of'the County Recorder of San Uiego County, March 10, 1970.
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Section 10. The required improvements to be constructed and
the. estimated costs thereof are a& follows: .
, Improvements Estimated Costs
4: 4" qCC Sidewalk (415 s.f.) $ 435.00
2:\ Site Preparation (Lump Sum) * , _ -.. 200.00
-, ‘Y -
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* t TOTAL COST $ 635.00 ' :
Dated:m@*'P,/F7d , . '
Y
I CITY OF CABLSBAD, a Municipal ~;t3.+~f the S:ate of
BLcj-j> .
Paul-D. Bussey, City Manager STATE OF CALIFORNIA ) YY
) ss. -COUNTY OF SAN DIEGO ) . . :
dn e the 'undersign&d, a Notary Public y appeared Pau1.D. Bussey, known to me to be the ty of Carlsbad, a Municipal Corporation wn to me to be the 'person who ' executed the said Municipal .Corporation, and acknowledged to me that of Carlsbad, California, executed the same. \
WITNESS my hand .- . I ,*
I VED AS TO FORM:
-.I “”
3, k. . -- “mmmL ---‘ .aoz&%?ublic *'
'(Notarial acknowledgement of execution of owners must be attached).
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TO 1944 CA (8.74)
(Individual)
STATE OF CALIFORNIA
COUNTY OF San Diego
~;.E~tANCE
ss. 1622 *llcm COMPANY
t
May a, 1978 before me the undersigned, a Notary Public in and for said
State, personally appeared CLARK N. SANDKNOP and ELAINE M. SANDKNOP , ~ husband andwife
w
p: I
z
, known to me
to be the person S whose nameSresubscribed
2 to the within instrument and acknowledged that they In executed the same.
WITNESS my hand and official seal.
Signature
(This area for dicial notarial seal)
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO .) CITY OF CARLSBAD 1
On May 10, 1978 , before me, the undersigned,
the City Clerk of the City of Carlsbad, a city within the said County and
State, personally appeared Paul D. Bussev ,,.
known to me to be the person whose name is
subscribed to the within instrument and acknowledged th~.~::;.~._::.h:& '.,
executed the same.
City Clerk of the City of Carlsbad