HomeMy WebLinkAboutCT 92-07; Carltas Company; 1993-0886060; Future Improvement Agreement/Release4
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3 I 707 DfFICIGl RECORDS SM DIEGD COUNTY RECDRDER’S OFFICE GN N ETTE EVt% S r ;XFTY RECORDER : 0.00
RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO City Clerk ; CITY OF CARLSBAD 1 1200 Carlsbad Village Dr. ) Carlsbad, CA 92008 1
Space above this line for Recorder's use. CITY OF CARLSBAD Permit No. CT 92-07
Parcel No. 211-021-18, 28, 29
FIA No. 93-014
fZOI'JTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as "City@*, and the Carltas
Company, hereinafter referred to as nProperty Owner."
RECITALS
WBEREAS, Property Owner has applied to City for a Minor
Subdivision, CT 92-07 for the real property hereinafter described,
now under Property Owner's ownership: and
WBEREAS, 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
-, the Municipal Code of City requires certain
improvements and dedications as a condition of approval of this
subdivision; and
AGREEMENTSUG-12.FRW m-92-7 Rev. 11/04/92
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-, Property Owner has requested that approval of said
subdivision 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 subdivision 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 2. That Property Owner, in lieu of making the
hereinafter described improvements before approval of said
subdivision is granted, agrees to install and construct, or cause
to be installed or constructed, said improvements in accordance
with plans and specifications approved by the City Engine@rwithin
sixty (60) days after written demand so to do by City. Property
Owner shall not be required to make said improvements before
(N/A) 1 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 intersecting streets on both sides of the street upon
which the property herein described has frontage, have petitioned
AGREEUENTSUG-12.FRM 2 Rev. ll/G4/92
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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 Seventy Six Thousand Seven Hundred and OO/lOO DOLLARS
($76,700.00). 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 $76,700.00 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 follow-
ing:
(a) Have the necessary engineering for said improve-
ments 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 ortransferrees 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
AGREEWENTS\AG-12.FRW 3 Rev. 11/M/92
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8 attorney's fees as a cost in said proceedings.
9 Section 4. That it is agreed that anything herein contained
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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 improvements, 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, Property Owner's successors, heirs,
assigns and transferrees, shall be liable for reasonable
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
AGREEHENTSUG-12.FRM 4 Rev. 11/04/92
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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, 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 Qwner, 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.
AGREEMENTSUG-12.FRM Rev. ll/G4/92
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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
1 real property.
I Section 9. A description of the property referred to herein
and upon which said lien is imposed is described as follows:
SEE ATTACHED EXHIBIT C
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AGREEMENTSUG-12.FRM Rev. 11/04/92
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Section 10. The required improvements to be constructed and
the estimated costs thereof are as follows:
IMPROVEMENTS QUANTITY UNIT COST ESTIMATED COSTS
Sidewalk (SDRS DWG G-7) 23,000 sf $2.90 per sq. foot $66,700.00 15% Contingency $10.000.00 $76,700.00
Executed by Property Owner this /3 day OfL, 1943.
PROPERTY OWNER CITY OF CARLSBAD a municipal corporation of the State of Carltas Company, a California California Limited PartneD
for City Manager
Manaaer (title and organization of signatory)
By: (sign here)
(print name here)
(title and organieation of signatory)
(Proper notarial aeknowledgemmt of execution by PROPERTY OWNER must be attached)
(President or vice-president and swxstary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
yj bk++L / By: 7 Deputy City Attorney
AGREEMENTSUG-12.FRM 7 Rev. ll/G4/92
CALIFORNIA ALL-PURPOSE ACKNOWLEDOMENT No. 5193
State of TA
County of SAN DIEGO
On 13-J 7-02 before me, JOYCE E. MIZOCK. NOTARY PTTR~,
DATE NAME, TITLE OF OFFICER - E.G., ‘JANE DOE, NOTARY PUBCIC
personally appeared CHRISTOPHER C. CALKINS
NAME(S) OF SIGNER(S)
#personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
J the same in his/her/their authorized 1
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
, - OPTIONAL SECTION -
1 CAPACITYCLAIMED BY SIGNER I Though statute does not require the Notary to fill in the data below, doing so may prove
invaluable to persons relying on the document. q INDIVIDUAL
0 CORPORATE OFFICER(S)
TITLE(S) q PARTNER(S) 0 LIMITED q GENERAL q ATTORNEY-IN-FACT
0 TRUSTEE(S)
JoYaEE.Mmxu I capacity(ies), and that by his/her/their
1 signatur&(s) on the instrument the person(s),
- or the entitv uDon behalf of which the
u---
la
~GUARDIAN/CON~ER~ATOR
OTHER: OMMbepMl-
‘L4,oolnm~LwIoI,ua E < . oerson(sJ acted. executed the instrument.
WITNESS my hand and official seal. \
SIGNER IS REPRESENTING: I NAME OF PERSON(S) OR ENTITY(IES)
CARLTAS COMPANY, A
d I CALIFORNIA LIMITED
SIGNATURE OF NOTA PARTNERSHIP OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT ti h + & ti! %b\ i c THE DOC XJMENT DESCRIBED AT RIGHT: NUMBER OF PAGES 7 DATE OF DOCUMENT
Though the data requested here Is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
91892 NATIONAL NOTARY ASSOCIATION l 8236 Remmel Ave., P.O. Box 7184 l Canoga Park, CA 91308-7184
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State of California
County of San Diego
7.1 5
On December 21, 1993 before me, Aletha L. Rautenkranz, City Clerk, personally appeared Martin Orenvak
personally known to me (or proved to me on the basis of Satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and offiofal seal (SE=4
AGREEHENTSUG-12.FRM Rev. 11/04/92
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NOT TO SCALE
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CARLSBAD RANCH
CONTRACT FOR FUTURE SIDEWALK IMPROVEMENTS
CT 92-07 UNIT 1
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EXHIBIT "C!"
LEGAL DESCRIPTION CARLSBAD TRACT 92-7 UNITS I St II
ALL THAT PORTION OF LOT H OF RANCH0 AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, NOVEMBER 16, 1896, OF OFFICIAL RECORDS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF RECORD OF SURVEY MAP NO.
13995, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, NOVEMBER 25, 1992, AS FILE NO. 92-0762198 OF OFFICIAL
RECORDS: THENCE ALONG THE EASTERLY BOUNDARY THEREOF, SOUTH 0" 03'
31' WEST 1465.19 FEET; THENCE NORTH 89" 56' 29' WEST 120.00 FEET:
THENCE SOUTH 0" 03' 31" WEST 160.00 FEET; THENCE SOUTH 89" 56' 29"
EAST 120.00 FEET; THENCE SOUTH 0" 03' 31' WEST 110.00 FEET; THENCE
SOUTH 0" 01' 34" WEST 836.92 FEET TO THE BEGINNING OF A NON-TANGENT
520.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, THE RADIAL TO SAID
POINT BEARS SOUTH 6" 22' 41" WEST; THENCE, LEAVING THE EASTERLY
BOUNDARY OF SAID RECORD OF SURVEY NO. 13995, NORTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29" 20' 26" A
DISTANCE OF 266.29 FEET; THENCE TANGENT TO SAID CURVE NORTH 54" 16'
53" WEST 232.20 FEET TO THE BEGINNING OF A TANGENT 410.00 FOOT
RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2" 23' 25" A DISTANCE
OF 17.10 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 22" 29' 22'
WEST 1811.48 FEET; THENCE SOUTH 67" 30' 38" WEST 1793.73 FEET:
THENCE NORTH 55" 44' 21" WEST 268.47 FEET TO THE BEGINNING OF A
NON-TANGENT 615 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHEAST, A
RADIAL TO SAID POINT BEARS NORTH 55" 44' 21" WEST: THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27" 40' 39"
A DISTANCE OF 297.08 FEET; THENCE RADIAL TO SAID CURVE NORTH 83'
25' 00" WEST 110.00 FEET TO THE BEGINNING OF A NON-TANGENT 725 FOOT
RADIUS CURVE, CONCAVE TO THE SOUTHEAST, THE RADIAL TO SAID POINT
BEARS NORTH 83" 25' 00" WEST; THENCE SOUTHERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 29" 04' 22" A DISTANCE OF
367.88 FEET; THENCE TANGENT TO SAID CURVE SOUTH 22" 29' 22" EAST
965.50 FEET: THENCE SOUTH 20" 57' 08" EAST 211.68 FEET; THENCE
SOUTH 27" 00' 30" EAST 1128.47 FEET; THENCE NORTH 63' 50' 20" EAST
631.27 FEET TO A POINT ON A NON-TANGENT 621 FOOT RADIUS CURVE,
CONCAVE TO THE WEST, A RADIAL TO SAID POINT BEARS NORTH 74" 13' 31"
EAST: THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 29" 32' 14" A DISTANCE OF 320.14 FEET; THENCE
TANGENT TO SAID CURVE SOUTH 13" 45' 45" WEST 100.00 FEET TO THE
BEGINNING OF A TANGENT 719 FOOT RADIUS CURVE, CONCAVE EASTERLY:
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 11" 36' 42' A DISTANCE OF 145.71 FEET: THENCE TANGENT TO
SAID CURVE SOUTH 2" 09' 03" WEST 160.14 FEET TO THE SOUTHERLY LINE
OF SAID RECORD OF SURVEY NO. 13995; THENCE ALONG SAID SOUTHERLY
LINE NORTH 87" 49' 58" WEST 1633.27 FEET: THENCE NORTH 2" 08' 40"
EAST 177.33 FEET TO THE BEGINNING OF A TANGENT 643 FOOT RADIUS
CURVE, CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 80" 01' 11" A DISTANCE OF
898.02 FEET; THENCE; LEAVING THE WESTERLY LINE OF SAID RECORD OF