HomeMy WebLinkAboutBP 78-20; Carli, Angelo & Ann; 78-272007; Future Improvement Agreement/Release: j!& 5q ($ . . .
RECORDING KEQUESTED BY kL\i) ) WIIZN i?ECORDE:D MAIL TO:
; City of Carlsbad
1200 Elm Avenue Carlsbad, CA 92008
FiLE/PACE NO. -' -07
BOOK 197B R&cORDEDREO1JES~Df:
@%%%!!??.. CITY CLERK
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JUN 29 \fl 52 ~~ ‘lir
;;iY;-iijAL F:Ei;&T;;C,
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SAN 1)IEGOCOljNTYsCALIF. HARLEYF.ELOOH
.I RECORDER -- Space above this line for Recorder's Use NO FM
Documentary transfer tax: $ No fee .
Signature of declarant determining tax- firm name City of Carlsbad
Parcel No. 207-081-19
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as "City", and Angelo CARL1 and Ann L.
CARLI, husband and wife
hereinafter .referred to as "Property Owner".
RECITALS:
WHEREAS, Property Owner has applied to City for a
Building Permit (Plan Check No. 78-20 ) ---
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 development if certain public improvements hereinaf-ter 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; c
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;
c
follows:
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 78-20 ).
described
agrees to
Section 2. That Property Owner, in lieu of making the hereinafter
improvements before approval of said Building 'Permit is granted,
install
said improvements
the City Engineer
and construct, or cause to be installed or constructed,
in accordance with plans and specifications approved by
within 60 days after written demand so to do by City.
Property Owner shall not be required to make said improvements before
July 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 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 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 $ 2,960.OO .
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)
and covenants herein contained, Property Owner hereby grants to City a
lien upon .the hereinafter described prdperty in the amount of $ ‘2,960.OO ’
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
arid 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-
wise. City or its contractor and his employees may enter upon any
portion or portions of the pioperty 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 foreclbse said lien as provided by law for the
foreclosure of mortgages.
(b) Direct the City Engineer to estimate the cost of necessary
engineering, and the work required to install and construct said improve- .
ments, 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 agreed that anything herein contained to
the contrary notwithstanding, the promises and covenants made herein shal 1
not be binding upon the holders, mortgagees, or beneficiaries of any
purchase. money mortgage or purchase money dked of trust for value which
has been or may i n the futu t-e 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 herc-
inafter dcscribcd is acquired by or as a result of a foreclosure or
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trustees’ sale of any such purchase money mortgage or purchase money
deed of trust, . .
Sect ion 5. That at any time during the period he’rein 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 s,aid 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 shall any officer or
employee thereof, be liable’ or responsible for any accident, loss or
damage happen-in9 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 liable 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,
suits and 1 iabilities 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 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 public 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
shall be hlndinq \~pon and inure to the benefit: of the successors, heirs,
(‘1 >
. . < .
. 1328
assigns-, and transferees of Property Owner, shall run with said real
property, ‘and create 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. follows:
That certain portion of Lot 75 of Carlsbad Highlands No. 2 in the City of
Carlsbad, in the Cohnty of San Diego, State of California, according to map
thereof No. 2825 filed in the Office of County Recorder of San Djego County, .
December 5, 1951, described as follows:
Beginning at tkie'most Easterly corner of said Lot 75; thence along the
Nartheasterly line thereof North 17°3q'10" West 88 feet to the Southeasterly
corner of the land described in Deed to *Donald J. Ward et ux, recorded
May 2, 1960 as Document No-. 89623 of Official Records; thence along the Southerly
line of said land, South 76'31'16" West 192.44 feet; thence South 17"31'10"
East 74.54 feet to the Southeasterly line of said lot; thence along said South-
easterly line,North 80'19'39" East 193.82 feet to the point of beginning.
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4 +.
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1323 -
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Section 10. The required improvements to be constructed and
the,estimated costs thereof are as
/ Improvements
1. A.C. Pave and Base (1960 SF)
'2. 6" Curb and Gutter (88 LF)
3. 5' Concrete Sidewalk (440 SF)
4. Portion Street Light Cost (LS)
5. Grade preparation (LS)
6. Cont. & Engr. (15%)
Dated:
follows: .
Estimated Costs
$ 1,275.OO
.
.
440.00
460.00
. 200.00
200.00
385.00
TOTAL COST $ 2,960.OO '
Property Owner
CITY OF CARLSBAD, a Municipal
6 the State of j
3
BY \ td +$L A ‘A> Pau‘l D. Bussey, City Manager - STATE OF CALIFORNIA )
) ss. COUNTY OF SAN DIEGO )
On 038. /9‘ 7r before me the undersigned, a Notary Public iv and for sa!id State, pe;sonally appeared Paul D. Bussey, known to me to be the City Manager of the City of Carlsbad, a Municipal Corporation of the State of California, known to me to be the person who executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same. \
WITNESS my hand and clfficial seal.'
J,..’
APPROVED AS TO FORM1
APPROVED AS TO FORM: VINCENT F. BIONDO,, JR., City. Attorrie_y,
By ($QkfCJ is-cd-
Paul S. Cook, Assistint
Vincent r;‘. Hiondo, Jr.
City Attorney
(Notarial acknowledgement of execution of owners must be atiached).
STATE OF CALIFORNIA,
COUNTY OF San Diego
ON June 26 ,I9 78
before me, the undersigned, a Notary Public in and for said State, personally appeare6 ANGELO CARL1 AND ANN L. CARL1
, known to me,
NOTARY F’JBLIC . CALII’BRNIA
I’Kip~C;FAL OFFiCE IN
SAN DIG.0 COUNTY
to be the persons whose name% are subscribed to the within Instrument,
and acknowledged to me that the= executed the same.
WITNESS my hand and official seal.
Notary Public in and for said State.
ACKNOWLEDGMENT--General-Wolcotts Form 2334&v. 3-64 A SUBIIDIARI OF AMERICAN STATIONERY PRODUCTS CORP