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 )
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1 City of Carlsba6 1200 Elm Avenue ; Carlsbad, CA 92008 _ )
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1 1 OFFICIAL I:CCORDS
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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;
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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 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)
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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. .:
.:
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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 $1,650.00
CITY OF CARLSBAD, a Municipal
BY
On - 17: 1979 before me the 'undersigned, a Notary Public in dnd for said State, pe&sonally appeared Paul'D. Bussey, known to me to be the City Manager of the City of Carlsbad, a Municipal Corporation of the State of California, known to me to be the person who executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed , the .same. \
. .a
WITNESS my hand and official seal,
"VincenV
. ot FICIHL >d\L AL. R&ii %N,;RMZ
(Notarial ackno on of owners must be attached).
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I i ; i a
STATE OF CALIFORNIA
before me, the undersigned, a Notary Public in and for
known to me to be the personi- whose namti
subscribed to the within instrument and acknowledged to me
that-xaw executed the same.
WITNESS my hand and official seal.
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OFFICIAL SEAL ~“““““““,,,111,,,,,~
Dorothy V. Branch [
NOTN+V PU3L!C C,~LIFORN,A i
PR::Y:Cf$,L ;;;-FfCE (N 2
SAN DIEGO Ci,U?JTy :
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Name (Typed or Printed) (This area for official notarial real)