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HomeMy WebLinkAboutCE 306; Chandler, Jeffrey & Ann-Charlotte; 83-384440; Future Improvement Agreement/Release&“RD INC RELllJESTED F- I Wt:E.N .RECORl!-Ed MA I L TL . Ciiy of Cartsbad 1200 E. Im A\!cnue ‘Carlsbsd, CA 92008 m3 lJ;r 25 n/j CJ: & 2 1. ‘. \r?:x.t, !-. lm)‘!,F c3uii’r’E’ J,:$;!:([j~j~ 1 Space above this 1 ine For Recot%ps NO FEE Documentary transFer t‘ax: $No fee -- Sic~nal:ure of declarant determining tax- Fi rm name City of Carlsbad Parcel No. 155-221-11 .\ CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal 9rpora t ion, hereinafter referred to as “City”, and J. Chandler and Charlotte Chandler, husband & wife as conunity,property,hereinsfter referred to as “Proper- t-y Owner”. REC I TALS: .<*. tr t-i E R Eli 3 , Property Owner i;c. 5 appiied to City ,for d Certificate of Compliance ’ for the real property hereinafter described, now under Property Owner’s .: ownersh i p; and WHEREAS , it has been found that said property is not suitable for development in its” present condition, howe.ver said property wou.ld 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 - . improvements and dedications as a condition of approval of this Certificate of Compliance ; and WtiEREAS , Property Owner has requested said Certificate of Complitince c . be granted by City in advance of the t ime said improvements are to bc made; and ’ \&lERCAS , Property Owner, in considerat ion of the approva 1 of * . . . WI . . . . -. ____. .C .^...,,._ _ .._ . ..--. . . . . ,.,.. , .._. . . . . . . -. . ..- - . . . . . . . . _ . . . . . . *.. .I _ . . . . . . . c -. . . . -. , , vi4 - 57 2 . 1 s;i i ii . Certif’icate of Compliance, clcs i res t.0 cntcr , r~t:o thi I; ;‘iqrccmcnI: . seccrr i rig 1 he cc)rl:; t rut t ion of sa id improvt.?rllcnI li, and C i ty has detcrl11i ned , .*. .* i t to be in the pub1 ic interest to agree to temporal i ly postpone said cons t rue-1: i on ; NOW, THEREFORE, 1T. IS AGREED between the parties Ilcreto as fol lows: Sect ion 1 .- _--- That City agrees to record any irrevocable offers of ded i ca (I i on made by Prope r.ty Owner for street purposes Sect ion,.2. _-._-. That Property Owner, in l.ieu of making the herein- I’tcr described improverrlents before approval of said -Certificate of Compliance .J granted, agrees to instal’l and construct, or cause to be installed .lr constructed, said improvemetits in accordance with plans and spccifi- ‘,Jtions appr-oved by the City Eng’ineer within 60 days after written ciemand so> to do by City. Property Owner shall not be requi red to make said improvements -before January 1, 1982 or within such Further period .‘.. of time as is granted by City, provided, however, that upon the happening of ei thcr of’ the fol lowing occurrcnc~:s said improvements may, at tile sole election of City, be requi red to be made sooner than s3 id 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, inclu’ding the frontage of Property Owner, between inter- setting streets on both sides of the street upon which the property herein descr i bed has frontage, have agreed with City to install street improve- 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 hereirl described has frontage,. have petitioned the City to form an . improvement d i strict for the improvement of said str&ts. Said improvements shal 1 be made without cost or expense to City. City cslimates thaL the cost of’ engineering and construction of said improvements at the time or signincl _ this contract is $7,607.(10 . . Property Owne! hereby acknowledges that said cost i s a re;:lsonabl c es,t imatc of erigi neeri ng and construction costs at this time and tll;lt t-he actual cost of same at some time in ‘the future may exceed this estimate. Scctiori 3. That for the faithful performance of the promises : . . (2) . -- - _.^.,_. . ._ .- ,,. I ,._ ._,_,, . . . ._ ..- -_ .._ ., . . . _ .._.., ,._ 58 a nd covcna n t s he t-e i n conta i ned , Prop’frty. Owner hereby grants to City a . 1 ien upon the hereinafter described propcrty,‘4’n the amount of $7,607.00 , p?us any future increases of cost in cxccss 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 I and construct said improvements in the manner and wi lhin the time speci- fied herein, he agrees that City may do any or all of the To1 lowing: (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 . ,ltgineering and construction, and the entire cost and expense shall be llarged against said property and payable by said Property Owner, his .uccessors, heirs, assigns, or transferees immediately upon completion of said improvements. In the event same is not paid within 30 days from .‘.. completion, City may foreclose said lien as providei 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- . mentc, and Foreclose said lien in said amount. (c) Pursue eny remedy, legal or equitable (including those specifically referred to herein), for the foreclosure ol: a lien, and the Property Owner, his successors, heirs, assigns, and transferees, shal 1 be liable For reasonable attorney’s fees as a cost in said proceedings. Sect ion ft.. That it is agreed that anything herein contained to the contrary notwithstand-ing, 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 deed of trust for value whicti - has been or may in the future be executed by the Property Owner, tlis successors, heirs, assigns, or transferees, and the 1 ien hcrcby created shall be and is hereby subordinated to and declared to be inferior and . . subsequent in “1 ien to the 1 ien of any such purchase money mortgage or pu I-chase money deed of trust. The lien hereby created shal 1 likewise be of no force or effect against any owner whose ti tie to the property here- inafter described is acquired by or as a result of a foreclosure or (3) __-._. .l.l.-._ . .*-- --._- .-ICI-.- ..-..,. --.-.-.. . . . . .__.._....._.. _ .,- . ,e--. --....- . . ..-.__ . .._ - _. . ..-..-.. .-..“--._.__ . -. - - _,... -, -_...- . 59 ’ ;;‘. p... Aus t&s ’ 1 sale of- any such pu rchasc ‘@c.ney mortgage or purct~;lsc motley deed of trust. _’ Section 5. ---- That at any time during tEi& period herein provided, the Property Owner, his siIcccssors, heirs, assigns, or transferees may deposit a cash bond or post a surety perFormancc bond satisfactory to ihe City to chsrg.e said surety with the cost OF said improvements; the amount of bond to be i-he 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 ngrees to release the property, or any portion of it as to which said Is:posit or posting applies, from the provisions of this agreement, and .o execute any necessary release to enable the record title OF the pro- ,lrty to be re ., leased from the lien herein imposed. sect 6. ion --- Said City shall not, nor shal 1 any ofFicer or ,‘tp 1 oycc thereof, be liable or responsible for any accident, loss or damage happen i ng or .occu r ri ng to the work or improvgments speci Fied in this agreement prior to the completion and acceptance of the same, nor shall said City, nor any of.ficer or employee thereof, be 1 iable For any persons or property injured by reason of said work or improvements, but al 1 of said 1 iabi 1 it ies shall be assumed by said Property Owner, and his successors, heirs, assigns, and transferees, and they shall save the C i ty ha t-ml ess from, and8 indemnify the City aqainst, any and al I claims, suits and liabilities of or to any person or property injured or claim- i’ng 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 artiF.le 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 travel ing pub1 ic of any dangerous or defective conditions OF pub1 ic property. The ‘Property Owner- Shereby agrees to pay for such inspect ion of improvements as may be required by the City Engineer OF City. Section 8. This agreement and the covenants contained herein shall be bindinq upon and inure to the bene.Fit of the successors, heirs, d4) . . ,._ . ..- ^ i -.....- _ .- .- . , e-q... -. .I I. ,. _.._-.-._- . . ,...,. . . . . . . . . . _. . - - -...--.T-.-. ..- - --- I _L___II__ -___ _ _-, _ . a s s i c-1 ns , at,rl I rails forces of Property' Owner, shall run witli said t-cc71 q 2 property, ~ncl create an equitable servitude upon said t-cc71 property. Section 9. A description of the property refer-red to hcrcin ----- and upon wll ich said 1 ion is imposccl is dcscribcd as follows: 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 Bue;la Vista Gardens No. 2492, filed in the Office of the County Recorder of Sal Diego County, August 4, 1948, with the north line of Laguna Drive , as show1 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 o,f said Laguna Drive, North 89°50'00" West 90.00 feet to the TRUE POINT OF BEGINNIRG; thence North OO"lG'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 77'39'00" West along said boundary to an angle point therein; thence continuing along said boundary North 56"57'40" West 89.97 feet to the most westerly corner of said Uuena 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 north line of said Laguna Drive; thence North 75'19'46" East along the said north line 28.28 feet to an angle point therein; thence continuing along said north line South 89"50'00" East to the TRUE POINT OF BEGINNING. Excepting therefrom the easterly 120.00 feet measured along the north line of Laguna Drive of the above described property. k (5) . _ _ _ . . .._-_r.. - _.__ __ --.,. , ,.__ .-_ .._.. . . . - -.__ __.. . . _ -. - -. - N , .c * a- - 61 -- ’ . . * \ ’ . SoclLiorl 1.0. The! rcqllired ili~~ro;rcmc1~L:: to be con:; LrucI:crl and __--..-- - L ;.11c estim;lt.cd costs thereof arc as .follows': .I %nll'rovc~nlc:ii ts . .---- Curb i Sidewalk : : . Asphaltic Concrete Piving : Base Course . . . Street Trees . . . Street Lights . . Site Preparatio; . . Eng. & Contingency . . Date? ,:4f&&?+y , 1-F . . . SF. . . SF SF.: " : :5 : : : LS. . . LS. . . TOTAL 7,607.OO TOTAL COST l?st:i mntcd Casks $ 950.00 930.00 1,190,.00 1,547.oo 150.00 1,300.00 500.00 990.00 . I Property Owrlcr . ,i‘ CITY OF CARLSDAD, a Municipal Corpdration of the Staize of California . By $izzW-aL--- !;TATE OF CALIFORMIA ) IWWK 11. /WiSl11'171~, Cit.y t4nn:tgcr . .ihe same. -, bcforc mc the undersigned, a p~rsonnlly appeared l'rank I). Alcslii-rcl, ld City of Carlshacl, a Municipal known to mc to ):,c! the person who ,saiil Municipal Corporation, such City of Carlsbad, California, exccutecl Y APPROVlZD AS T vT=nt F. I~ionclo, Jr. City Attorney f Notary Public " NOTARY fUGtIC CALIF SAN OIEGO COUNTY v- 'Notarial. acknowledgement o.f execution of owners must bc attnchccl) . \ I \ -G- - STATE OF CALIFORRI~ ) ,I” 62 COUNM of San Diego OFFtCfAL SEAL C. DARLENE UHLtNGER ffOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY ON October 12 ,192 before me ' Y~?!$L~%$n%e~ !4 ar P blic in and for said State, personally appeared Ann Charlotte Chandler , known to me, to be the persons whose names are subscribed to the within instrument, and acknowledged to me that L-he-y executed the same. WITNESS my hand and official seal. AClfNOWltDCMENT-kmnl-Wketk Form ES-NW. 344 C. Darlene Uhlinger STATE OF CALIFORNIA ) 1 ss. COUNTY OF SAN DIEGO ) On cfs?mde 43. 1923 before me the undersigned, a Notary Public in and for said St&e, person;lly appeared Frank N. Mannen, known to me to be the Acting 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 official seal.