HomeMy WebLinkAboutFIA 87-02; Blanton, Paul; 87-053471; Future Improvement Agreement/Release.i . A 1840
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
AND
87 OV47I
1337 FEB -2 Pi4 1: 2 I
; VERA L. LYLE
> L COUNTY HECOROfR
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Space above this line for
Recorder’s use.
Documentary transfer tax: c-9
Signaturk Hdeclarant determining
tax-firm name City of Carlsbad
Parcel No.
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a
municipal corporation, hereinafter referred to as ItCity”, and
Paul Blanton hereinafter referred to as “Property Owner”.
RECITALS:
WHEREAS, Property Owner has applied to City for a
Grading Permit No. PE 2.85.40 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
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WHEREAS, Property Owner has requested said Grading
Permit No. PE 2.85.40 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 Grading Permit No. PE 2.85.40 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 ss follows:
Section 1. That City Agrees to record any irrevocable
offers of dedication made by Property Owner for Acacia Street.
Section 2. That Property Owner, in lieu of making the
hereinafter described improvsments before approval of said
Grading Permit No. PE 2.85.40 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 Engineer within sixty (60) days after written demand
so to do by City. Property Owner shall not be required to make
said improvements before January 11, 1987, or within such further
period of time 8s 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:
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(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
the City to form sn 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 improvements at the time of signing this
contract is NINE HUNDRED FOUR AND 20/100 DOLLARS ($904.20) (a
proportional amount of the cost of the construction of the storm
drain in Acacia Street based upon the square footage of all
properties affected). Property Owner hereby acknowledges that
said 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 $904.20 (a proportional amount of the cost of the
construction of the storm drain in Acacia Street based upon the
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square footage of Sll properties affected) plus any future
increases of cost in excess of this sum resulting from incressed
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 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, or transferees 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 engineering, and the work required to install and
construct said improvements, and foreclose said lien in said
amount.
(c) Pursue w remedy, legal or equitable (including
those specifically referred to herein), for the foreclosure of a
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lien, and the Property Owner, Property Owner’s successors, heirs,
assigns, and transferees, shall be liable for reasonable
attorney’s fees as a cost in said proceedings.
Section 4. Thst 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
crested shall be and is hereby subordinated to end 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
crested shall likewise be of no force or effect sgsinst 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
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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 sny necessary release to enable the
record title of the property to be released from the lien herein
imposed.
Section 6. 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 City, nor any officer or
employee thereof, be liable for any injury to persons or property
caused by or resulting from, in whole or in part, the work or
improvements, but all of said liabilities shall be assumed by
said Property Owner and Property Owner’s successors, heirs,
sssigns, 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 SnY person or property injured or
claiming to be injured as a result of said work or improvements
until such improvements sre completed and fully accepted by the
City. Said Property Owner, end Property Owner’s 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.
. .
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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 trsveling 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:
A portion of Lot 9, Block Q of Palisades Point Unit #2
as shown on Map No. 1803.
Section 10. The required improvements to be constructed
end the estimated costs thereof are as follows:
Improvements Estimated Costs
I. A PROPORTIONAL AMOUNT OF THE COST OF THE CONSTRUCTION OF
THE STORM DRAIN IN ACACIA STREET BASED UPON THE SQUARE
FOOTAGE OF ALL PROPERTIES AFFECTED.
2. .43 AC. X $2,102.80/Ac. $ 904.20
(ESTIMATED COST OF STORM DRAIN CONSTRUCTION $45,000.00)
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IN WITNESS WHEREOF, we have hereunto set our hands and
seals this L, day of , 198i0,. -
CITY OF CARLSBAD, s Municipal Corporation of the Stste of California
MARTIN ORENYAK
Community Development Director
FOR
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
1 FRANK D. ALESHIRE, City Manager
> ss.
>
.
On the
personally appeared
Manager of the City
State of California, know
and acknowledged to me
executed the same.
rson who executed
c
Notary Public
Vincent F. Biondo, Jr.
City Attorney
“‘-‘-“;?“Eo AS TO FORM:
F. BIONDO, JR.,
--a.: c:r([ /3
RONALD R. BALL
(Notarial acknowledgement of execution of owners rust
be attached,)
GENERAL ACKNOWLEDGMENT NO.201
Stateof Xali fornia
. Countyof San Dlego
On this them day of June 1986, before me,
9
the undersigned Notary Public, personally appeared
Paul Blanton I OFFICIAL SEAL
LOR’Y WRIGHT U personally known to me
NOTARY PUEll.lC - CAUFORNIA
shri DFGO colJm
Bxproved to me on the basis of satisfactory evidence
to be the person&) whose name(g) -subscribed to the
within instrument, and acknowledaed that executed it. he
WITNESS my hand and official seal.
-_ _ . ^^ ,*- m,.,* * ofi rn..” “191;. !Ah.,.Al~“* Yill” ,-* MICA NAI IONAL N”lAHY ASS”ClAll”N l 23012 Vent&. YWU. - r.~. YUA -xzLI - ..-ImII” I11110, “r. SZIVV-
STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO >
on January 23, 1987 before me the undersigned, a
Notary Public in and for said State, personally appeared Martin Orenyak, known to me to be the Community Development Director 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.
NotarfibY& 4'