HomeMy WebLinkAboutBP 78-140; Miholich, William & Agnes; 78-435388; Future Improvement Agreement/Release. 23;;2
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RECORDXNG REQUESTED BY AlvD ) tiIIE\; RkORDED MAIL TO:
; City of Carlsbad
1200 Elm Avenue ; Carlsbad, CA 92008
23'43538~
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FILE/f",'*',: tin.- LINK 1978 REcGiiijEO REQUESTOf
qgg@?. cm CLERK
OCT ii 13 4'i iti"/
.--- . .---- Space above this line for-Recorder's Use
Documentary transfer tax: $ No fee I.
Signature of declarant determining tax- firm name
w-‘FlClM &tFw= City of'carlsbad
y&+a9izD@R s&d QiEk% C&t~ &IF Parcel No. 212-020-22 -
NO FEE
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THiS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as "City", and
William T. Miholich and Agnes E. Miholich, husband and wife, as community property
hereinafter referred to as "Property Owner".
RECITALS:
WHEREAS, Property Owner has applied to City for a '
Building Permit (Plan Check No. 78-140 ?
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 develcpment 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
WHEREAS, Property Owner has requested said Building Permit be ; granted by City in advance of the time said i.mprovements are to be made; r
and
WHEREAS, Property Owner, in consideration of the approval of
said Suilding Permit desires to enter into this agreement secur.ing the
construction of
public interest
said improvements, and City has determined it to be in the
to agree to temporarily postpone said cons
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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 78-140 1.
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
Septeiber 30, 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 City Council finds that the owners of 40% or more
of the frontage, including the frontage of Property Owner, between inter- I ,:
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
City estimates
improvementsat
Property Owner
of engineering
improvements shall be made without cost or expense to' City.
that the cost of engineering and construction of said
the time of signing this contract is $.6,570.00 " .
hereby acknowledges that said cost is a reasonable estimate
and construction costs at this time and that the actual
cos t of s ame 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 io City a
1 i‘en upon the, hereinafter described property in the amount of .$6,574.00 ,
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, hei rs, ass igns, or transferees fail 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
done, and install and construct said improvements by contract or other- - 1
wise. City or its contractor and his emp’loyees may enter upon any - .
portion.or portions of the property reasonably necessary for said 1 .
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
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of said improvements. In the event same is not pai.d within 30 days from
completion, ‘City may foreclose said lien as provided by law for the
:
! foreclosure of mortgages. . 2
(‘b) Direct the C’t I y Engineer to estimate the cost of necessary -
engineering, and the work required to install and construct said improve- _ 1 -
‘ment s , and foreclose said lien in said amount. .- . I
(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 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 or purchase money deed of trust for value which
has been or, may in the futur e be executed by the Property Owne-r, 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 whos’c title to the property here- ”
inafter described is acqulrcd by or as‘s result of a foreclosure or
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trustees’ sale of any such purchase money mortgage or
deed of trust.
Sedt ion 5. That at any time during the per
purchase money I I .
iod 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,
an! 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 spec i f ied in
this agreement prior to the completion and acceptance of the same, nor
shall said City, nor any officer or employee thereof, be liable for
any persons or prpperty injured by reason of said work or improvements,
but a.11 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 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 construction of said improvements.
Section 7. It is fut-ther 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 inspect ion of improvements
as may be required by the City Engineer of City.
Sect ion 8. This agreement and the covenants contained herein
sha 11 bc! hi nd inq lrpon and inure to the hcncfi t of the successors, he1 I-S,
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assigns., and transfcrccs OF Property Owner, shall run witI? sajd rcal
property, and. crcste 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 fol lows:
,
'J'li;it. 1)01-l- icpr1 of 3,ot "1:" of I?/i?~i:IIo AQUA Ir!':I)I O?!I)A ) in t.lrc: C0a~V.y c\f San
Diego, State of' California, accordiriy, to the Pnrti.tiori Hap tl1ereof l:o.
823, -lill.cl in the oflri.c:ct of tIlr7 I!cco~~~lct;: of s;rld Cc)lInI.y, ?iovt:inhcr 36,
1896, dcscril)t:d as follows:
Co11119cnci ng at a point on t11c ccnt.cr line of San Jliego CoLlnty Road "El
Cami no Real." , shown on Sul-vcy Ho. 682, Sheet. 3 t-hcrcof, as described in
deed to tllc: County of San Diego, recorded January 5, 1938 in Boo!.: 743,
pagL> 64 of Official Records, said point being also tllc cellt.er point of a
4 X 4 concrete box culvert accurately locatcsd and statior~cd 1.50-k28.97 on
tt~c ccnt.cr line of said County Road, said point also being lJo,rIh 79” 37’
20” vest, a distance of 101 3 .60 feet from t.hc propert.y l.iI~c angle point
No. 8 of Lot H of Ranrl10 Aqlia Hedionda, I~~cc~rd of Survey bIap No. 537,
s :i .i d 1’0 I N’i’ OY hE;i;:l1;1\:7 XG 1.;;: .i 11c t he I:0 1-t :II~C 'St 'TOI-IlC'J- C,f: t.];:? li!iitl <iC':;C-J-<~lC'd
j-11 tl~~fttl t-0, Vista l;:::icL Comp;iny, rcco:-(Ied Y<,b1.Liar-y 1, lYC0 ;~s File I!o.
%1)4l;.5 ) Of 5 C5a1. Rccor-(1:: ; tik;:i~(.e 31OIlj: tllc i!C~I~th~~l-ljr l.-iilC Of :.i!iCi 12lId
a11d the prolonptiou thc:reof, beilig along tlie cellier l.ine of skid El
calrrino Rcol, SOUth .75?#0’ Op” East, 675.10 feet: to a point on a l.ine
WlliCh is parallel. !Gtll and 325.00 feet Easterly at right angles from the . . . . .-_._. .__ Easterly line of sai~d Vista Rr-ick Cowpany land, said point being on :tllt:
Wcst.er1.y line of land conveyed to Tltalia Kelly Considine, by Qui.tclaim
deed recorded January 3.5, 3964, Series 5, 13001: 1964, as File No. 8707,
Offi c-i-al Records; thence along the boundary of said CcJnsitlinc's land,
South OO" 32' 00" East, 1336.95 feet, and South 27O 50' 00" East, fi27.10
feet to the most Southerly corner of said land; thence North 68O 00' 00"
East along the boundary of said Considine lands and tile prolongation of
said l)earj.ng 1428.00 feet to a point on the Easterly boundary line of
Lot F of Rancho Aqua lkdionda, said point being also 66.5 feet distant
Nortllcrly from Point 18 of said Lot F, -and being the TRUf: T'UINT OF
lEGINNING; thence rct~racing South 68O 00' 00" Vest, 465.60 feet; thence
Nort.l~ 22O 00 00" Vest., 100.00 feet; tllence North 6S" 00' 00" East,
465 . 60 feet., more or less, to a point upon the Easterly boundary line of
said Lot F; thence Sout.hcrly along said Lot F boundary line to the TRUE
POIIU OF REGINNING.
E:XCIIl‘TING therefroln that portion descri.bbd in Parc&l 68441-A of deed to
the Countfr of San Dicgo, recorded July 8, 1969 as File NO. 122795.
. . . . ~ * . . . . . . 1 . . . . . - _. ?, . . . . - ?.. ,. t,,” . - _ ..*-.. *.. _a.. ., -,l,.“l I _.. ‘y.-! ,,e, - :
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Section 10. The required improvements to be constructed aha .
theestimated costs thereof are as follows: ' . . . . . , Improvements 'Estimated Costs . 0 I
. A.C. .Paving and Base (4,250 SF) *
6” P.C.C: Curb & Gutter (100 LF) .
l $ 2J62.00
sod.00 :
. 6” P.C.C. Curb (100 LF) 500.00
. 5’ P.C.C. Sidewalk (100 LF) ,
Median Landscaping. & Irrigation (850 SF,) . :~;z .
Portion Street Light Cost (100 LF) 290ioo. . . . '.
Clearing and Grading. (Lump Sum) . 250.00
. Curb Outlet (Lump Sum) 480.00 '. .
Engineering E Contingencies (15%) ’ : 855.00
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.;;..&g ,.;.; TOTAL ; ;g;;&'7
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Dated:
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STATE OF CALIFORNIA )
' Cl.TY *OF CARLSBAD, a Municipal
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Yy=JQ----;;;-.r -
. I . -_ : 1 ss. COUNTY OF SAN DIEGO ) . . . .
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before me the undersigned
1
Notary Public in and for said State, peisonally appeared Paul' D. BLs&y.
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 ths same. . \ . - : . . WITNESS .my hand and official seal. - v5 '. . *w : . _ * * . .
Notary Publifl
APPROVED AS TO FORM: * . * . I .
^ \
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Vincent v. Biondo, Jr. City Attorney
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” ./ ., - Ilj .- .-_.‘:A’1 I F, r:y:‘!i-Jg ,,JR.,Ci?y @i-orney
,,- I ,,:. ..l-ra.-u-x-ir^,mrrr * r. t.~;if S. Cook, Assistant
fi(Notarinl ncknowlcdgement of execution of owners must be attnchcd).
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on. October 2, 1978 before me,
the undersigned, a Notary Public in and for said County and State,
personally appeared W. T. Miholich
, known to me
to be the person -whose name is subscribed to the
within instrument and acknowledged that he executed tbe ,
same.
E. Lynne Riemer
QJ I- -E’ k- a .$$ 2
.a r d 0 .h e
4 0 + T-22
FOR NOTARY SEAL OR STAMP
% = My>ommission Expires Feb. 7, ~II,,II”IIIIIIIIII,Illlllllllllllllllllllllllll~llll
-Individual AcKnowledgment
STATE OF CALIFORNIA
COUNTY OF San Diego > ss.
On October 2. 1978 before me, the undersigned, a Notary Public in and for said
County and State, personally appeared
Agnes E. Miholich
. known to me to be the person whose name 1s
acKnowledged that she executed the same.
subscribed to the within instrument and
WITNESS my hand official seal. A p”p, ol~r-IC:.?L L.%.,L
ELMA J. CCO~~ER 1 NOTARY PUBLIC CALIFORNIA ;
Notary Public in and for said County and State I ~..~.1....1111#111,,,,,,,,,,,,, u,m I