HomeMy WebLinkAboutFIA 89-01; Dawson, Roger A.; 89-163066; Future Improvement Agreement/Release.’ .
WHEN RECORDED MAIL TO
CITY OF CARLSBAD
1200 Elm Avenue Carlsbad, CA 92008
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Signature
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CITY OF CARLSBAD
Parcel No. 156-212-08
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation,
hereinafter referred to as "City", and Roger A. Dawson (a single man) and Mildred
D. Dawson (a single woman) as joint tenants, hereinafter referred to as "Property
Owner.N
RECITALS
WHEREAS, Property Owner has applied to City for MS 776 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 of City and conditions attached hereto and
incorporated by reference herein require certain improvements and dedications
as a condition of approval of this MS 776; and
WHEREAS, Property Owner has requested said MS 776 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 MS 776
desires to enter into this agreement securing the construction of said improve-
ments, 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 Highland Drive, and James Drive.
Section 2. That Property Owner, in lieu of making the hereinafter descri-
bed improvements before approval of said MS 776 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 September 1, 1989, 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.
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(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 thirtheen thousand one hundred seven and
70/100 DOLLARS ($13,107.70). 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 $13,107.70 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.
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(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
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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 liabiiities 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 Lot 25 of Patterson's addition to the town of
Carlsbad, in the City of Carlsbad, County of San Diego, State of
California, according to map thereof No. 565 filed in the office of
the county recorder of said San Diego County, September 22, 1888,
more particularly described as follows:
Beginning at the most southerly corner of said Lot 25, thence northwesterly along the southwesterly boundary of Lot 25, a distance of 60 feet to a point; thence northeasterly on a line parallel with the southeasterly boundary of said lot, a distance of 400 feet to a point; thence southeasterly on a line parallel with the southwesterly boundary of said lot, a distance of 60 feet to a point in the southeasterly boundary of said lot; thence southwesterly along said southeasterly boundary a distance of 400 feet to the point of beginning
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Section 10. The required improvements to be constructed and the estimated
costs thereof are as follows:
IMPROVEMENTS ESTIMATED COSTS
Undergrounding of Utilities along Highland Drive 60' x $100 Curb, Gutter Sidewalk 60 In. ft. x $23.50 $6,000.00 1,410.oo
Street Light Highland Drive 60' x $5.80 348.00
Half Street Improvement for Highland Dr. (State items) 60 ft. x 2D' of 4" AC over 6" AB 2,640.OO
Site Preparation 1 ,ooo.oo
Subtotal 11,398.OO +15X Engineering Contingency 1,709.70 Total cost 13,107.70
IN WITNESS WHEREOF, we have hereunto set our hands and seals this c?&Z
day of &I,, k , 1988.
PROPERTY OWNER
APPROVED2 -TO +URtki~~f:~:
CITY OF CARLSBAD, a Municipal.Corporation of the State of California
t$
By: MARTIN ORENYAm Community Development
Director
Vincent F. Biondo, Jr.
City Attorney
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION OF OWNERS MUST BE ATTACHED.)
Individual AcKnowledgment
SATE OF CALIFORNIA
COUNTY OF San Diego ss* 'I'
On this 2nd day of %D te, in the year 19-, before me, the underslgned, a Notary Public In
and for said County and State, personally appeared
Roger A. Dawson and Mildred D. Dawson
personally known to me (or proved to me on the basis of satisfactory evidence) to be the personS
whose name s are subscribed to this instrument and acknowledged that they executed it.
WITNESS my hand and official seal.
~Ra-rclcoL3
Notary Public in and for said County and State
Notary Sd f*********************************** 1 i
t OFFICIAL SEAL r
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TERRY A. SANDERS i
NOTARY PUBLIC-CALIFORNIA
t NOTARY BOND FILED IN t
i
SAN DIEGO COUNTY t
My Commission Expires Octota 8. 1991 5
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