HomeMy WebLinkAboutFIA 89-02; Carlsbad Heights Associates; 89-254789; Future Improvement Agreement/Release-
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89 2$;+7ag -
RECORDING REQUESTED BY AND ;
WHEN RECORDED MAIL TO
CITY OF CARLSBAD
1200 Elm Avenue 1 Carlsbad, CA 92008 >
Space above this line for Recorder's use.
Documentary transfer tax: $ No Fee
tax-firm name
CITY OF CARLSBAD
Parcel No. 212-040-22
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation,
hereinafter referred to as "City", and Carlsbad Heights Associates, a California
General Partnership, hereinafter referred to as "Property Owner."
RECITALS
WHEREAS, Property Owner has applied to City for a MS 785 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 785; and
WHEREAS, Property Owner has requested said approval of MS 785 be granted
by City in advance of the time said improvements are to be made; and
694
WHEREAS, Property Owner, in consideration of the approval of said MS 785
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 College Boulevard.
Section 2. That Property Owner, in lieu of making the hereinafter descri-
bed improvements before approval of said MS 785 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 April 1, 1991, 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 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.
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695
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 two million six hundred fifty thounsnd, five
hundred thirty seven dollars and OO/lOO DOLLARS ($2,650,537). 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 $2,650,537 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.
(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.
696
(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
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
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:
See attached Exhibit A
698 h
Section 10. The required improvements to be constructed and the estimated
costs thereof are as follows:
IMPROVEMENTS ESTIMATED COSTS
See Attached Exhibit B
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 27
day of kdr; 1 , 1989.
PROPERTY OWNER Carl&ad Heights Associates, CITY OF CARLSBAD, a Municipal Corporation of the State of California
d I. Katkov, Pres.
Vincent F. Biondo, Jr.
City Attorney
s-,~,e~ .
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION OF OWNERS MUST BE ATTACHED.)
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1
STATE OF CALIFORNIA SAFECO -
COUNTY OF San Diego I
ss. TITLE INSURANCE
On this the 27th day of--- April 19 89 -, before me, the undersigned, a Notary Public in and for
said State, personally appeared James P. Brennan
personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the
President, and
personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the
Brennan Properties Secretary of -. lhe corporation that
executed the within instrument on behalf of
PS the part-
nership that executed the within instrument, and acknowledged to me
that such corporation executed the same as such partner and that
such parlnership execuled Ihe same.
WITNESS my hand and official seal.
Clarissa A. Miranda
A, Ge #Qiix#&
Signature
FOR NOTARY SEAL OR STAMP
STATE OF CALIFORNIA I
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@ &EC0 TITLE INSURANCE
COUNTY OF SanDiego
27th I ss.
On this Ihe day of April 19 89 -, before me, the undersigned, a Notary Public in and for
said Stale, personally appeared Hnv.ard T, K-V -
personally known to me or proved lo me on the basis of satisfactory evidence to be the person who executed the within instrument as the
President, and
personally known to me or proved to me on the basis of satisfaclory evidence to be he person who executed the within instrument as the
The Katkov Company Secretary of
the corporation that I FOR NOTARY SEAL OR STAMP
executed the within instrument on behalf of Carlsbad Heights Associates - the parl-
nership lhat executed the within instrument, and acknowledged to me
that such corporation executed the same as such partner and that
such partnership executed Ihe same.
WITNESS my hand and official seal.
Clarissa A. Miranda c
Signature
tdy Comm. Expires March I, I991
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EXHl t3l’l’ “A” * C. 700 Y’ . ,.*--I* ,-. -. IJ;liAL DES&%ION OF LAUaEL TREERES-v . -.
That certain real property located in the City of Carlsbad,
County of San Diego,‘State of California, more particularly
described as follows:
All that parcel of land dcslgnated A 9 “Dcscrlptlon No, 4,
76.89 Acres” as shown and delineated on Record of Survey Map
No. 5715, filed in the Office of the County Recorder of San
Diego County, December 19, 1960, being a portion of Lot “G”
of the Ranch0 Aqua Hedionda, in the County of San Diego,
State of California, according to Map thereof No. 823, filed 1
in the Office of the County Recorder of San Diego County,
November 16, 1896.
Excepting therefrom that portion described as follows:
BEGINNING AT THE NORTHWEST CORNER OF SAID “DESCRIPTION NO. 4, 76.89 ACRES”;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL SOUTH 09”58’ 17” EAST 680.09 FEET ’
TO A iINE PARALLEL WITH AND 80.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF THAT
CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 1 IN A DEED RECORDED .JUNE 20, 1978
AS RECORDERS FILE NO. 78-254337; THENCE LEAVING SAID WESTERLY LINE AND
FOLLOWING ALONG SAID PARALLEL LINE, NORTH 77”22’52” EAST 868.50 FEET; THENCE
NORTH 38”40’06” WEST 41.36 FEET TO THE BEGINNING OF A TANGENT CIJRVE CONCAVE
NORTHEASTERLY, THE RADIUS POINT OF SAID CURVE BEARS NORTH 5 1’ 19’54” EAST
1451 .OO FEET; THENCE ALONG SAID CURVE 732.93 FEET THROUGH A CENTRAL ANGLE OF
28’56’29” TO A POINT ON THE NORTH LINE OF SAID “DESCRIPTION NO. 4” DISTANT
NORTH 71”35’51” EAST 676.82 FEET FROM THE AFOREMENTIONED NORTIJWEST CORNER; I
TIIENCE ALONG SAID NORTH LINE, SOUTH 71”35’51” WEST 676.82 FEET TO TftE NORTfIWEST
CORNER OF SAID “DESCRIPTION NO. 4” AND THE POINT OF BEGINNING. I
ALSO EXCEPTING THEREFROM: 1
THAT PORTION OF THE LAND DESIGNATED AS “DESCRIPTION NO, 4, 76.89 ACRES” AS SHOWN AND DELINEATED ON RECORD OF SURVEY MAP
NO, 5715, FILED IN THE OFFICE OF’ THE COUNTY RECORDER OF SAN
DIEGO COUNTY, DECEMBER 19, 1960, ALSO BEING A PORTION OF LOT
“G” OF THE RANCH0 AGUA HEDIONDA, IN THE ‘CITY OF CARLSEAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAID SAN DIEGO COUN’i’Y, NOVEMBER 16, 1986, DESCRIBED AS
FOLLOWS : n
1 AL QES(;BJPl ION QF LAW TKE-EG- I-Lmnm
--... -c r,-la.L..J
BEGINNING AT THE NORTHWEST -CORNER OF SAID "DJZXRIJ"I'ION NO. 'I, 76.89 ACRES”; THENCE ALONG THE NORTHERLY LINE OF SAID,PARCEL NORTlI 71"35'51" EAST 676.82
J'EET TO THE TRUE POINT OF BEGINNING; TIIENCE CONTINUING ALONG SAID NORTIIERLY LINE NORTH 7 lo35 ’ 5 1” EAST 560. 34 FEIT TO A l'OIN'1' ON 'I'llI:, I:ASTJ;RI.Y l.INI:. OI: SAID
I)I~SCRIP’i.ION NO. 4 ; THENCE FOLLOlJING AJ>ONG SAID EASTERLY LINE, SOU’I’II 13” 36 ’ 08”
GIEST 5.00 FEET TO A TANGENT CURVE CONCAVE NORTJIEASTERLY HAVING A RADIUS OF
570.00 FEET; THENCE SOUTHERLY 845.02 FEET hJ,ONG SAID CURVE T1lROUGH A CENTRAI,
ANGLE OF 84”56’ 26”; THENCE SOUTH 71"20'18" EAST 301.37 FEET TO A POINT OF CUSP
AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTIIERLY HAVING A RADIUS OF
510.00 FEET TO WHICH A MDIAL LINE BEARS NORTH 14"00'09" EAST; TIIENCE, 1,EAVING
SAID EASTERLY LINE OF DESCRIPTION NO. 'I, WESTERLY 436.82 FllET Al,ONC SAT11 CURVE
'I‘IIROUCtI A CENTML ANGLE OF 49"04 ' 27"; 'L'IIENCE SOU'TII 54 "55' /IX" WEST 3611 . 40 I:I:1:'1'
TO '1'111' III'GINNING 01: A NON-‘i%NGEN’l’ CURVI- CONCAVK SOU’L’IIWI’S’~f:I~1,Y IlAV IN(: A RAl)l.U.$
01: 1349.00 FEET TO WIIICII A MDIAJ, LIN12 BJ:ARS NORTII 54"55'42" EAST; '1'1113NCJ: NORTIiIJESTl~RLY 84. 66 FEET ALONG SAID CURVE '~IIl~OUGIl A CI-N’I’RAI, ANC1.I’ 01‘ 3” 35 ’ b5” ;
'llIENCII NORTH 38"40'03" WEST 200.00 FEET TO 'l'lll' III~GINNTNG 01: A TANGI-N'J' (:UJ<VI:
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1451.00 FIXT; TIIENCI: NORTIIERLY 732.?3
FEET ALONG SAID CURVE THROUdll A CENTML ANGLE OF 28"56'28" TO TJIE TJ:UE POINT OF BEGINNING.
PARCEL 2:
+~Easeeentt . . for roadway : and utility purposes over those
certain strips of land designated as “60.00 foot easement and 66.00 foot easement reserved for roadway and utility
purposes”, as.shown on Record of Survey Map No. 5715, filed
in the Office of the County Recorder of San Dicgo County, II .I, Deccmbcr 19, 1960, being a portion of [,ot G of the J?;~nctlo Aqua Ijcld \ onrla 1 n t. he ‘C0trnt.y nf San I?ifigo, str1tv of
Cal !rornia, iJCCUl’djflg LO Map L/lf-‘rPof NCZ. fl23, IilcO in ttir Office oE the County Recorder of San Diego County, November
16, 1096.
Excepting from said 60.00 foot strip that portion which lies within Parcel 1,
The easements herein described are hereby declared to be appurtenant to and for the use and benefit of the present and future owners of all or any portion of "Descriptibn No. 4, 76.69 AcreS” as shown and dellneated on said Record of
Survey Map No. 5715.
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702
COST ESTiXATE FOR COLLZGE BOULEVARD PALOMAR AIRPORT RD. TO SPiERS S'LY SOUNDARY
BUCCOLA ENGI-NEERING, inc. %RCii 31,1989
TOTAL GRADlNG ........................ $1,003,432.50
TOTAL STREET I~PRO~~~~S ............ $964,803.77
TOTAL STORM DRAZN .................... $449,460.25
TOTAL ~HATER DISTRIBUTION ............. $i25,913.50
TOTAL SAN1TARY Safe ................. $106,927.00
------------m--m
TOTAL CONSTXJCTiON COST .............. $2,650,537.02
EXHl6Jf ‘6 ’
‘F-T4 --i-q
m-m-
COST ESTIYATE FOR COLLEGZ SOULWARD
~A~O?Xi? AfRPORT RD. TO SPIXRS S'LY 3OUXXi.RY
3UCCOLA EXGZEEZZ~G. inc. Y?CX 3L,i989
QUAZFITY UNIT iJ'9'C-- -- - -------- -_------__ “OTE
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GRADING -----__ 7-r --2L VOLU?I~ 272700 CY $3.00 $8:8,100.00 SLOPZ PLANTING (EYDROSXEiD) L.81500 SF $0.08 $l4,520.00 SLOPE: ZRRfGATIOX L8',500 SP $0.22 $39,930.00 ____-------------
SUBTOZ'AL GRAXXG $872,550.00
TOTAL GRADIXG
25% Contfngency $130,882.50 ____-------------
$:,003,432.50
STREET f?A.PROVTS --------__--e---e--
6; COWYRZ'X CURS OXLY
6" CONCRZT CURS & GUTTER sxgTi=x (4" yT+cc~~~ss)
6"A C /6"A 22 . * . . TFcAWIC SiGBAL (6 E!.!.SE) S"Rzz NAVE S1Q.J srnrqpT7- "RZS -_ -A
SURVZY ?r.OmP??NTS BARRICADES
=JuSF SFi yA!x'OLES TO r,Rmx
6 " TYPZ A A.C. BERX 9500 LUYZN STREET L,iGT ACCESS RAF
86 L? '_:go4 LF
29760 SF 194450 SF : - LS 5m
61 ?A. 6ZA 246 L.F. 14 a
529 LF 7: FJ
-9 a:
Srr.00 $1’_.00 $2.70 $2.52 $80000.00 8Z75.00 $70.00 $3>5.00 $20.00 $260.00
$7.20 $2900.00 $600.00
$946.00 $130,944.00 $80,352.00 $490,014.00 $80,000.00 $875.00 $4,270.00 $:,890.00 $4,920.00 $3,640.00
$3,808.80 $31,900.00 $5,400.00 ___--------------
$838,959.80
TOTAL STRmT i~M.FROVX$$EXTS
15% Contingency $125,843.97 -___-------------
$964,803.77
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I * .
* . . 704
Iyy
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STORM DRAIKAGE --------------
COST ESTIWVI'Z FOR COLLEGE BOULEVARD PALO?+!! AIRPORT Rg. TO SPIEZS S'LY BOUNDARY
BUCCOLA ElVGL%EERING, inc. !'UG!C~ 31,1989
18” R.C.P.
24ll R.C.P.
36" R.C.P. CLEANOUT TYFE A4 CURB iNLET - TYPE A, -/f=5' STRAIGzT ;T&j-~rfiLL
BRICX t; ?CIORTOR PLUG
DOUBLE 7'X8' R.C. BOX XAqpm WING HALL & APRON
RI? RAP EXEXGY DISSIPATOR KING TYPE D-32
SUB TOTAL STORM DRAixAGE
QUAKTITY UNIT PRIG," -------- ------_---
375 LF 6 LC
2500 LF 9EA 6EA -. ZA 5EA
L35 L,a 2 EA 1 LS ?m
$50.00 $60.00 $LOO.OO $3000.00 $3400.00
$2925.00 $500.00
$400.00 $3300.00
$6000.00
$3300.00
15% Contingency
TOTAL -se--
$18,750.00 $360.00 $250,000.00 $27,000.00 $20,400.00 $l,925.00 $2,500.00 $54,000.00 $6,600.00 $6,000.00
$3,300.00 --_--------------
$390,835.00
$58,625.25 ____-------------
$449,460.25 TOTAL STORM DRAIN
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. 6 s
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705
COST ESTiYATE FOR COLLEGE
F'ALOMR AIRPORT RD. TO SPIERS
BUCCOLA EKGfNEERfRG, .Y!CE 31,i989
BOULEVARD
S'LY BOUNDARY
inc.
-KATER DiSTRIBUTION ------e---e-------
8” A C P 1 . 12” A.&. :,2"X8" FL. REDUCER ? 3"?q 3" FL;. . -a iz GATE CROSS & T.B.
VALVE 22" GATE VALVE
FIRE "YDRANT ASSE!!BLY
2" BLOW 0,FF ASSElrlBLY
SUB TO' XATER DISTRIBUTION
TOTAL TWTER DISTRIBUTION
SANiTARY !ZZXERS -----e----e----
8 ” PVC SrnD ?AA_‘N
8 ” PVC E3D CAP STD. SFA~ F??EOLE
FCC SE!6ER E3iCASEMENT
SUB TOTAL SANITARY SE+ZZRS
TOTAL CO3ZZRUCTION COST
QUANTiTY UNIT PRICE TOTAL e-----e- ---------- -----
L364 LF $20.00 $27,280.00 2000 LF $29.80 $59,600.00 43 $:80.00 $720.00 2 EA $500.00 $1,000.00
4z?l $740.00 $2,960.00 2z?i SL250.00 $2,500.00
7zA $2030.00 $14,210.00
2EA $610.00 $1,220.00 ------c----------
$:09,490.00
15% Contingency $16,423.50 e-----4--___-----
sr25,913.50
3000 LF $25.00 $75,000.00
3zA $20.00 $60.00 -; : EA -z CY $1520.00 $i6,720.00 $600.00 $2,200.00 a----------------
$92,980*00
15% Contingency $13,947.00 ---------___e----
$X06,927.00
_--_--e-------m--
$2,650,537.02