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HomeMy WebLinkAboutBP 79-308; Smiley, Blaine and Hazel; 79-392524; Future Improvement Agreement/Release* 1 1 p’o * ?.~<i:)~~~f~G REQUEsryEl-j By Lj ) WENkECORDED MAIL TO: 1 1 City of Carlsba6 1200 Elm Avenue ; Carlsbad, CA 92008 _ ) P,Le, ,rlor ,,79+39;2524 REC onb%d~ ‘~DDRESRE &p lj 2 20r‘Hy 1 1 OFFICIAL I:CCORDS Space above this l~ti?fo~~&~~~k@'-~~~~ Documentary transfer tax: $ No fee NO FEEA Signature of declarant determininq tax- firm name City of Carlsbad Parcel No. 156-190-25 CONTRACT FOR FUTURE PUBLIC-ZMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as "City", and BLAINE D. SMILEY 6 HAZEL M. SMILEY, 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 ChecJr NO. 79-308 J '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 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; l 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 1 public interest to agree to temporarily postpone said construction; 1721 - 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 Prope.rty Owner for said Building Permit (Plan Check Number 79-508 ). 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 constructl 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 August 10, 1980, 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% setting streets on both sides of the street described has frontage, have petitioned the of the frontage, between inter- upon which the property herein 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 improvementsatthe time of signing thi's contract is $ 1,650.00~ . 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 (2) 1122 , ._ _. .- _._ _. L and covenants htl:r-ein contained, Property Clwmr hereby grants to City 3 lien upon the her -einaftet- described property i1-1 the amount of $-1.650.00, plus any future increases of cost in excess of this sum resu 1 t i ny from increased engineering and construction costs, and in the event Property Owner, his s.uccessors, heirs, assigns, or transferees fail to install and construct said improvements in the manner and within the time speci- fied 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 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 foreclbje 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- ment 5, 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 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’futurs 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) - . . c l.723 I-us tees’ sale of any such purchase money ,nortgage or purchase money deed of trust. _Swt ion 5. That at - _ .+ny time during the period herein provided, the Property Owner, his succcssnrs, heirs, -assigns, or transferees may deposit a cash bond or post a surety pe rformance 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 a-nd 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 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 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 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. Sect ion 7. It is further agreed that said Property Owner will id work and im- at al 1 times up to the completion and acceptance of sa provements by the City, give good and adequate warning public of any dangerous or defective conditions of pub to the traveling 1 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 bindinq upon and inure to the benefit of the successors, heirs, (W , _._ . - I c 1724 . * c assigns, and transferees of Property Owner, shall run with said real property, and create an kquitable servitude upon said real property. Section 9. A description of the property referred to hereirk and upon which saFd ‘lien i$ imptised .is desdribed.as follows: . The Northeasterly 50 feet of the Southwesterly 150 feet of that portion of Tract 119 of Carlsbad Lands, in the City of Carlsbad, .County of San Diego, State of California, according to.Map'No. 1661 filed in the office'of the County Recorder of San Diego County,'March 1, 1915, described as follows: Beginning at the'intersectioh of the center line of Oak Avenue, . as said Avenue is shown on said Map No. 1661, with the Sou&herly' prolongation of the-West line of sai-d Tract 119; thence 55 27' East along the said center line of Oak Avenue 348.38 feet to the true point of beginning; thence continuing North 55 27' East along said line of Oak Avenue, 200 feet to the most' Southerly corner of that portion of said Tract 119 conveyed in deed from South Coast Land Company to John Anderson et ux, recorded in . Book 1340, page 76 of Deeds; thence North 34'33' West 372.58 feet to the most Westerly corner of said Tract conveyed to Anderson's said last mentioned point being also a point on the Southerly line of that protion of said Tract 119, conveyed in the deed from said.South Coast Land Company to .J.H. Deadorff et,ux., recorded in Book 934, page.259 of Deeds; thence South 55 27.' West along the Southerly line of the tract of land as conveyed to Deadorff 200 feet; thence South 34 33' East 372.58 : feet more or less to true. point of beginning. .: .: . ” ‘..I’ - - . . c . r . t . * Section 10. The required improvements to be constructed and the estimated costs thereof are as follows: Improvements ---- .- 6" Curb LF. 6" Gutter SF. 5' Sidewalk SF. Street Lights LF. Paving 20' Wide SF. Site Prep LF. Engineering .& Contingencies DateWh,,, .O 1977 'STATE OF CA.IJFOPJ?I.?L .COUNTY OF SAN DIEGO ; ss. 1 Estimated Costs $ 250.00 40.00 262.00 145.00 750.00 75.00 15% 128.00 i TOTAL COST $1,650.00 CITY OF CARLSBAD, a Municipal BY On - 17: 1979 before me the 'undersigned, a Notary Public in dnd for said 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. \ . .a WITNESS my hand and official seal, "VincenV . ot FICIHL >d\L AL. R&ii %N,;RMZ (Notarial ackno on of owners must be attached). -6- : II -_ . . ..__ -_ -am-.,.--..-..-.--- ---- -- .--__I CI-.---- I i ; i a STATE OF CALIFORNIA before me, the undersigned, a Notary Public in and for known to me to be the personi- whose namti subscribed to the within instrument and acknowledged to me that-xaw executed the same. WITNESS my hand and official seal. B”“~““““““‘~“~~~~~~~~~~~llllllllllll~~~, ,111, ‘,#,,,,#11.1# ,............__. g *” ,,,lllrll...l. . . . . . . . . . B “y. . Q -r 91 $ .-e 1 , ‘9 s&r; u _............, . . ,,,,,,,,, OFFICIAL SEAL ~“““““““,,,111,,,,,~ Dorothy V. Branch [ NOTN+V PU3L!C C,~LIFORN,A i PR::Y:Cf$,L ;;;-FfCE (N 2 SAN DIEGO Ci,U?JTy : Expires /,prif 27, 1980 ~u(~~~~~~IlUIwIIUIuII*1uu)wIIIIIl:II f ,,,*.,“,III”I*L~....-... ,d‘,,UU,11........ E .-lr--.“- . ..” . . . . . . - ,,,,,,I, ‘I Name (Typed or Printed) (This area for official notarial real)