HomeMy WebLinkAboutCB891419; Gilbert, Richard & Marcella; 90-175085; Future Improvement Agreement/Release2008
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO 1
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
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Space above this line for Recorder's use.
Documentary transfer tax: $ No Fee
& /iy Signature
of declarant determining tax-firm name
CITY OF CARLSBAD
Parcel No. 156-350-06
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation,
hereinafter referred to as "City", and Richard T. Gilbert and Marcella D.
Gilbert, hereinafter referred to as "Property Owner."
RECITALS
WHEREAS, Property Owner has applied to City for a Building Permit No. CB
891419 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 develop-
ment 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 incorporated by reference herein require
certain improvements and dedications as a condition of approval of this Building
Permit No. CB 891419; and
WHEREAS, Property Owner has requested said Building Permit No. CB 891419
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be granted by City in advance of the time said improvements are to be made; and
WHEREAS, Property Owner, in consideration of the approval of said Pio Pica
Drive 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;
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 Building Permit No. CB 891419.
Section 2. That Property Owner, in lieu of making the hereinafter descri-
bed improvements before approval of said Building Permit No. CB 891419 is
granted, agrees to install and construct, or cause to be installed or con-
structed, said improvements in accordance with plans and specifications approved
by the City Engineer within sixty (60) days after written demand so to do by
City. Property Owner shall not be required to make said improvements before
December 31, 1990, 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 intersecting
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 intersect-
ing 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 improvement at
the time of signing this contract is sixteen thousand four hundred and OO/lOO
DOLLARS ($16,400.00). 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 and covenants
herein contained, Property Owner hereby grants to City a lien upon the
hereinafter described property in the amount of $16,400.00 plus any future
increases of cost in excess of this sum resulting from increased engineering and
construction costs, and in the event Property Owner, Property Owner's successors,
heirs, assigns, or transferees fail to install and construct said improvements
in the manner and within the time specified herein, Property Owner 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 otherwise. City or its
contractor and contractor's 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, Property Owner's successors, heirs, assigns or transfe-
rrees immediately upon completion of said improvements. In the event same is
not paid within thirty (30) days from completion, City may foreclose said lien
as provided by law for the foreclosure of mortgages.
(b) Direct the City Engineer to estimate the cost of necessary en-
gineering, and the work required to install and construct said improvements,
and foreclose said lien in said amount.
(c) Pursue any remedy, legal or equitable (including those specifi-
cally referred to herein), for the foreclosure of a lien, and the Property Owner,
Property Owner's successors, heirs, assigns and transferrees, shall be liable
for reasonable attorney's fees as a cost in said proceedings.
Section 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
future be executed by the Property Owner, Property Owner's 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 lien
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 hereinafter described is acquired by or as a result of a
foreclosure or trustees' sale of any such purchase money mortgage or purchase
money deed of trust.
Section 5. That at any time during the period herein provided, the
Property Owner, Property Owner's successors, heirs, assigns or transferees may
deposit a cash bond or post a surety performance bond satisfactory to the City
to charge said 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 the 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 property to be released from the lien herein imposed.
Section 6. Said City shall not, nor shall any officer or employee thereof,
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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 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 Property Owner's successors, heirs, assigns or 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
claiming to be injured as a result of said work or improvements. Said Property
Owner, and Property Owner's successors, heirs, assigns or 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 improvement.
Section 7. It is further agreed that said Property Owner will at all
times up to the completion and acceptance of said work and improvements 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 inspection of improvements as may be required by the City
Engineer of City.
Section 8. This agreement and the covenants contained herein shall be
binding upon and inure to the benefit of the successors, heirs, 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
which said lien is imposed is described as follows:
That portion of Tract 7 of Laguna Mesa Tract, in the City of
Carlsbad, County of San Diego, State of California, according to map
thereof No. 1719, filed in the office of the County Recorder of San
Diego County, June 20, 1921, described as follows:
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Commencing at the southwest corner of said Tract 7; thence along the
westerly line of said Tract 7, North OO"O2'00" West 905.24 feet to the
northwest corner of the land described in deed to Marion A. Henry, dated
January 19,1931 and recorded in book 1865, page 20 of Deeds Records of San
Diego County, Thence along the Northerly line of said land North 89'58'00"
East 667.62 feet to a point on the Westerly line of Pio Pica Drive (Olive
Drive per Map No. 1719); Thence along said Westerly line North 00'02'00"
West 124.90 feet to the Southeast corner of land described in deed to Irene
Coulon recorded February 27, 1947 as document No. 21745 of Official Records
and being the True Point of Beginning; Thence continuing along said
Westerly line North 00"!?2'00" West 80.1 0 feet to the Northeast corner of
land described in deed to Richard T. Gilbert, et al, Recorded October 23, 1975 as File No. 75-293156 of Official Records; Thence along the Northerly
line of said Gilbert land South 89'55'45" West 104.36 feet; Thence South
24"02'00" West 96.73 feet; Thence North 89"55'45" East 158.57 feet to the
True Point of Beginning.
Section 10. The required improvements to be constructed and the estimated
costs thereof are as follows:
IMPROVEMENTS ESTIMATED COSTS
Curb & Gutter $ 960.00
Sidewalk $ 1,120.oo
Street Paving and Base $ 3,680.OO
Grading and Site Preparation $ 500.00
Utility Undergrounding $ 8.000.00
Subtotal $14,260.00
$15% Engineering Contingency $ 2,140.OO
TOTAL COST $16,400.00
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
I
dayof 212 ,Iq&.
CITY OF CARLSBAD, a Municipal Corporation
of the State of California
t APPROVED AS TO FORM:
Byz:
Community Development
Director
* 0. /ti.,dz, or- *
Vincent F. Biondo, Jr.
City Attorney
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION OF OWNERS MUST BE ATTACHED.)
.
STATE OF CALIFORNIA
2014 _
I
COUNTY OF San Diego 1 ss.
On -d
February 2, 1990
Richard T: before me, the undersigned. a Notary Public in and for said State, personally appeared Gilbert and Marcella D, Gilbert
pe:sonally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are
subscribed to the within Instrument and acknowledged that they executed the same.
WITNESS mv hand and official seal.
(Seal1
023200 9-e2* 25 PS Individual Notarial ACknowledgment
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(Notary Public’s Signature)