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HomeMy WebLinkAboutCE 100; Hayes, Thomas and Thelma; 75-128301; Future Improvement Agreement/Release. - .- ,. ,” - - . ‘. 16J I&F'" RECORDING REQUESTED BY AND > WHEN RECORDED MA IL TO: 1 City of’ Csrlsbad i 1200 Elm Avenue > Carl sbad, CA 92008 1 1 - FILF/PA/# 8301 /JREGoRBEBREQUE6TOF CM CITY CLERK .I. I HAY t7 9 36 AM Ti OFFICIAL RECBRB6 8AM 0lCUO FwJTYmlIF~~ WARLey P, 13LOUM Rl3mBER NO FEE Space above this line for Recorder’s use firm name City of .Carlsbad . Parcel No. 155-221-12 CONTRACT FOR FUTURE PUBLIC iMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and Thomas H. and Thelma I. Hayes , hereinafter refer.red to as “Proper- ty Owner”. RECITALS: * WHEREAS, Property Owner has applied to City for a Certificate of Compliance (570 Laguna Drive) Case No. 10.0 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 pub1 ic improvements hereinafter described are constructed and certain irrevocable offers of dedication are made to City; and WHEREAS, the Municipal Code of City and the Certificate of Com- pliance approved April 28, 1975 attached hereto and incorporated by reference herein require certain improvements and dedications as a condition of approval of this Certificate of CompliancG ;and # . WHEREAS, Property Owner has requested. said Certificate of Compliance be granted by City in advance of the t irne said improvements are to be made; and . WHEREAS, Property Owner, in consideration of the approval of (1) 1623 said Certificate of Compliancedesires to enter into this agreement securing the construction of said improveme’nts, 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 approval of said Certificate of Compliance . Section 2; That Property Owner, in lieu of making the herein- after described improvements before approval of said Certificate of Compliance is granted, agrees to install and construct, or cause to be installed or constructed, said improvements in accordance with plans and specifi- cations 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 15 May 1976 or within such further period of time as is granted by City, provided, however, that upon the happening of either of the following occurrenFes 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 impt-ove- . ments to City specifications.. (b) When owners of more than 50% of the frontage, between intersecting streets on both sides of the street upon which the property herein described has frontage, have pet it ioned the City to form an improvement district for the improvement of said streets. Said improvements shall be made wit\lout cost or expense to City. City’estimates that the cost of engineering and construction of said improvements at the time of signing this contract is $8458.41 . 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. Sect ion 3 That for the faithful performance of the promises -A (2) .- _- and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $3458.41 , 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 successors,‘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 shal 1 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 nbt paid within 30 days from completion, City may foreclose said lien as provided by law for the foreclosure of mortgages. (b) Direct the City Engiiieer 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 cont.rary 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 future be executed by the Property Owner, his successors, heirs, assigns, or transferees, a;d the 1 ien 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 here- inafter described is acquired by or as a result of a foreclosure or (3) trustees’ sale of any such purchase money mortgage or purchase money deed of trust. Sect ion 5. That at any time during the.period herein provided, the Property Owner, his successors, heirs, assigns, nor transferees may ,deposit a cash bond or post a surety performance bond satisfactory to the City to charge said surety wi’th 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 pro- perty to be released from the lien herein imposed. Sect io’n 6. Said City shall not, nor shal 1 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 ,. a-ny 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 Tiabi 1 ities 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 will 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 inspection of improvements as may be required by the City Engineer of City. Sect ion 8. This agreement and the covenants contained herein shall be binding upon and inure to the benefit of the successors, heirs, (4) . - ‘. ,. a ‘, . 1681 assigns, and transferees of Property Owner, shall run with said real property, and create an ‘equitable servitude upQn said real property. Sect ion 9. A description of the property *referred to herein .and upon which said lien is imposed is de.scribed as follows: The easterly 120.00 feet measured.along the north line of Laguna Drive ' of the following described property. That portion of Lot 1, Section 1, Township 12 South, Range 5 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey, approved June 22; 1883, described as follows: Beginning at the intersection of the west line of the 40.00 foot easement for private road as shown on map of Buena Vista Gardens No. 2492, filed in the Office of the County Recorder of San Diego County, August 4, 1948, with the north line of Laguna Drive, as shown on map of Seaside Lands No. 1722, filed in the Office of the County Recorder of San Diego' County, July 28, 1921; thence along the north line of said Laguna Drive, North 89°50'OO" West 90.00 feet to the TRUE POINT OF BEGINNING; thence North OO"16'35" East parallel with the said west line of said private road to the southerly boundary line of said Buena Vista Gardens, according.to said Map No. 2492; thence North 77O39'00" West along said boundary to an angle,point therein; thence continuing along said boundary North 56O57'40" West 89.97 feet to the mostt'westerly corner of said Buena Vista Gardens; thence North 89°50'OO" West to the west line of said Lot 1, Section 1, Township 12 South, Range 5 West; thence southerly along the west line of said Lot 1, Section 1, to the nor.th line of said Laguna Drive; thence North 75O19'46" East along the said north line 28.28 feet to an angle point therein; thence continuing along said north line South 89°50'OO" East to the TRUE POINT OF BEGINNING. xx XX xx xx xx xx xx xx xx xx xx xx (5) _ . . . _. , 168X L .p ‘ . Section 10. The required improvements the estimated costs thereof are.as follows: Imnrovements to be constructed and Estimated Costs 1. street trees 3 @ $25 ea $ 75.00 2. curb & gutter 120 lin. ft. @ $3.30/LF 396.00 3. 4" PCC sidewalk 600 sq. ft. @ $.95/SF 570.00 4. paving 4 street 2220 sq. ft. @ $.35,'SF 777.00 5. street light (1) 7M (18 months energy) 71.46 6. deposit to insure undergrounding of overhead facilities and insure street light installation (120' x $40) 4,800.OO 7. engineering (15%) 8. contingencies (10%) 6,689.46 1,ooo.oo 768.95 Dated: 09 f9J'i 7 5 - TOTAL COST $8,458.41 WE CONSENT to and join in all the promises herein contained, and agree to said lien imposed. NOT APPLICABLE Transferee of portion of said property STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On ha4 t d23/ H7JY- , before me, the undersigned, a Notary * Public in and for sai& State, personally appeared Paul D. Bussey, known to me to be the City Manager of the City of Carlsbad, a municipal corpora- tion of the State of California, known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknow- ledged to me that such City of Carlsbad, California, executed the same. WITNESS my hand and official seal./7 APPROVED AS TO FORM: ,’ ’ %!&?&A 1 Vincent F. Biondo, Jr. jp\, City Attorney V (Notarial acknowledgement of execution of &GxAef+/ ,c &Jz& Notary Public f ii owners must be attached.) - STATE OF CALIFORNIA COUNTY OF- San Diego on May 19, 1975 SS. before me, the undersigned, a Notary Public in and for said County and State, personally ap eared Thelma 1. Hayes and Thomas fi. Hayes , known to me to be the perso nSwhose namuubscribed to the within instrument and acknowledged that-aLexecuted the 1683 FOR NOTARY SEAL OR STAMP &bFFlClAL SEAL Blwdy A. Laugffi IUO~ARV IRLOWE: . .CALWOROIA a- @MICE tU I c RECORD I NG REQUESTED BY. t ” AND, WHEN .RECORDED MA i TO:‘ 16FM t City Engineer City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 . CERTIFICATE OF COMPLIANCE (Section 66499.35 of the Government Code) The City Engineer has determined that the real property described below has been devided or has resulted from a division in violation of the Subdivision Map Act or provisions of the Carlsbad Municipal Code pursuant thereto. Said property is not approved for development and no permit or other approval necessary to develop said property will be issued or granted until the fot- lowing conditions have been fulfilled and implemented to the satisfaction of the City Engineer: , 1 . An offer of dedication of an additional ten feet for Laguna Drive right of way shal 1 be recorded. 2. A 1 ien contract for future improvements for complete public frontage improvements for Laguna Drive shall be recorded. 3. Payment of applicable fees and deposits shall be made. 4. Prior to any approval or issuance of any perm’it to develop the rea? property described below, the owner shall obtain a permit pr exemption from the San Diego Coast Regional Commission where the original parcel lies in whole or in part within the permit area of the Coastal Zone as defined in ii he California Coastal Zone Conservation Act of 1972, Public Resources Code 27100 and 27104. Owner(s): Thomas H. and Thelma I. Hayes Description: (See Exhibit “A” attached) Note: The description in Exhibit “A” attached has been provided by the owner of the property and neither the City of Carlsbad nor any of its off is- of said ,ers or employees assume responsibility for the accuracy description. This Certificate of Compliance shall have no force and effect if the above owners or any subsequent transferee or assignee acquires any contiguous property other than a lot or lots shwn on a recorded subdivision map, 2’3 rcll map or 7 xord of survey map filed pursuant to and prior to the repeal (Stats. 1955, Ch. 1593) of Section 11575 of the Business and Pro- fessions Code. . This Certificate of Compliance shall in no way affect the requirements of any other County, State, or Federal ag r-8, /9 7c By: 9 4 C3se No:‘t Current Assessor’s Parcel NO: 155-221-12 Address: 570 Laquna Drive, Carlsbad, CA 92008 . I : .- TPS: CT ; ‘. - dJ.l<‘i& - co1’2: i, ;;;.. . c 3.685 mqm “‘AU ,. . . 2%~ Easterly 120.00 feet aeasured along the Xorth Iine of Lagttna Drive of the, following described property. '&at portion of Lot 1, Section 1, Tmnship 12 South, Range 5 West, San Bernardino Xeridian, in the County of San Diego, State of Cdiforn&a, according to United States Government Survey, approved June 22, 1883, described as follows: ’ . Beginning at the intersection of the West line of the 40.06 foot: easemeat for private road as shown on Map of Buena Vista Gardens No. 2492, f&led tn the Office of the Countg Recorder of San Diego County, August 4, 1948, with the North line of Laguna Drive, as shown on Map of Sea&de Lands Uo. 1722, filed in the Office of the County Recorder of San DLego County, July 28, 1921; thence along the North line of said Laguna Drive, North 89"SO'O(rD West 90~00 feet to the TRUE POINT OF BEGINHIDG; thence ?orth OO"l6'35" East paratlel with the said West line of said private road to the Southerly boundary line op said Euena Vista Gardens, according tb said Hap NQ. 2492; thence Sorth 7f03g@G@b West ahq said boundary to an angle point therein; thence contfnuing along said bcmndaxy North 56'57'40" West 89.97 feet to the most Westerly CO== of said Bueoa Vista Gardens; thence Korth 89'50'00 West to the West line of said Lot 1, Section 1, Township 12 South, Range 5 l?est; thence Southerly alo= tie West line of said Lot 1, Section 1, to the North line of said Laguna Drive; Typed thence Xorth 75” 19'46" F 6-f-73 point therein; Last along the said Xorth line 28.28 feet to an angle thence continuing along saZd I?orth Line South 89OSO*o@ &et I D-504485 to the TRUE POI??T OF BEGfXHI??G. ? ; . . . ’ . . - - _.