HomeMy WebLinkAboutFIA 92-01; Payne, Robert & Kathryn; 1992-0011003; Future Improvement Agreement/ReleaseRECORDING REbuHTED BY AND ) WHEN RECORDED MAIL TO 1 433 cm--.TAf4-BPP2 03=28 Ps?
CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008
der's use. CITY OF CARLSBAD Permit No. CB 91-0830
207-072-12
a municipal
Pnafter referred to as "Clty",",a~~~,_pobert W. ,(V, "~. " Payne ar'r&, &#g& A; Payna, ;.i.; :f
((
Owner. e;,~ ,:Ii :, : 1' _i, : 6 ,,( .(a( ,."',,, ;( L:c;, (~";I;,," I-. "(
hereinafter referred t& $@Property :* * ,(
c :; ,,: ;, ! ~@&JALS ", “ :' (. i ;: f:* .,;. .pl,~&&~ Owner has ‘appliaa ko
permit Na. 91-0830 for the real property her@ina&
now under %@kkrtp'~ner~s ownership; and
for development in ~~Ei'6r~s~nt'conait~a~l h&&ver said property
would be suitable f&: ant, Tff3”&&&fn public improvements
(: ,( ,-::..: __( ,( :,’ hereinafter described are constructed and certain irrevocable
offers of dedication are made to City; and
WEEREAS, the Municipal Code of City requires certain
improvements and dedications as a condition of approval of this
building permit; and
WBEREAS, Property Owner has requested that approval of said
building permit be granted by City in advance of the time said
improvements are to be made; and
1 Rev. g/20/90
WHEREAS, A-operty Owner, in consideration of the approval of
said building permit 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: .; ,.:J--- _ ;::- ), I( ,.,,,-: (,
Section 1. Thate' i +A*-. : Ja: i i .;:';:;.."" iii I&' '-;,""y$$$ ~~~~~~~~~ any irrevocable offers 1 of dedication mada by P ty Wner &r (none required).
Section ,2. That prapeey awnerg 'in li;eu of making the B
hereinafter described ~~~~~~~~t~ be&e apprcval of said
building permit is granted, agrees to install and Gmstruct, or
cause ta be fnstalled or constructed, saiti imprG+nents in '!L.' ! accordance with plans and specifications apprGve8 by'-:ehe City ,,( (i(( Engineek within sixty (60) days after written demand ~"to do by ! i, City. Property Cwner shall not be required tG ,$&ke said '('l:i, improvem&&s be%Gre Jugy 1, 1993, or w$th.$n such fur#&&?period of
time as is granted by City, provided, however, &h&t: upon the
happening of eitheraf the following occurrenGes said improvements
may, at the sale electian'of'&ty, be required tG be made sooner
than said date or SW& &t&de@ p&iod Gf tLme which may have been ,)
granted by City: 3, _( ') ," (: .Z'.((
(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
2 Rev. g/20/90
/4 47
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 fourteen thousand four hundred twenty one and OO/lOO
DOLLARS ($14,421). z'l., :_ ,:-S,~ :';:; ,,;-. i 51 : .~~~~~~~~~~~ acknowledges that said (( cost is a reasontil& &z&t@ 'tif e&ineering and construction
costs at this t&e ernd~t&$l%et ~aet;uaZ ccst Crf sam at some time /-
Section ae That for the faffhful perfomance of'the promises '_ and covenants herei'n contained, Pruperty Owne~'hereb~':~~rants to 9; _ ,( ( ,~ City a Lien upon the hereinafter described property in&e amount :,i $:': of $14,41lplus'any future increases of cast in exoess #this sum
resulting from increased engineering and construc&$on &$sts, and ‘i
in the event'pruperty &ner, Property Owner's suacessc&, heirs,
assigns, 'or transferees fail to install and' construct said
improvements SII the rnatnner and within the tf3ne specified herein,
Property Owner etgrses th&t &.Cy b&y do any or a&l. of the follow-
ing: ,(
(a) Have t 'neering for said improve-
ments done, and install and construct said improvements by
contract or otherwise. City or its contractor and contractor's
employees may enter upon any portion or portions of the property
reasonably necessary for said engineering and construction, and
the entire cost and expense shall be charged against said property
and payable by said Property Owner, Property Owner's successors,
heirs, assigns ortransferrees immediately upon completion of said
3 Rev. g/20/90
n A36
improvements. In the event same is not paid within thirty (30)
days from completion, City may foreclose said lien as provided by
law for the foreclosure of mortgages.
(b) Direct the City Engineer to estimate the cost of
necessary engineering, and the work required to install and
construct said improvements, and foreclose said lien in said
amount.
(cl
those specifica
-CIIF equitable (including
for 439 foreclosure of a ,) lien, and the Property Q&%&jr., Pru~rty Owner'@ succ=essors, heirs, a"
assigns and transf@rree&, shall be liable for reasonable
attorney's fees a a cost in said proceedings, ;
se&on ** (( ;Tha'l: it is ag3~ed 4W&t anythin@ herein'3bontained . . (', ,i to the cantra&y notwithstanding, the promises and cov&$nts made '. 3, 0' "
herein &ball not be binding upon the holders, mo ees, or ,,
beneficiaries of any purchase money mortgage or pur&&e money >,:' j deed of Lrust $3~ value which has been or may in the 'future be
executed by the Property Owner, Property CwMzr*s successors,
heirs, assigns or transferees, and the %&fiieeti 'hereby created shall
be and is hereby subordina&%bo and declared 4~ be inferior and
subsequent in lien ttoW%i Xie$Y& tiny sWWputichase money mortgage .
or purchase money deed of "#&&t'$" The iien 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 trustees1 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
4 Rev. g/20/90
I - 43%.
~ 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, (_);(, ‘It. _, and to execute any net , -q,,- ~~~'~~~~~~Tiea~~'td" enable the record title of
the property to $&& &lea f&B the%en blar&in imposed.
Section 6,' said :-cli$i$ r&s11 nGel nor sha3& 'any officer or / ^ *
employee thareof; be liable or r&spcnsible for any accident, loss
or damage happening or occurring to the work or improvements ,+
specifiWin this agreement pr&~r to the compleWonanl5"&cceptance
of the same, nor shall said City, nor any offf'tier &employee i, :;.I thereof, -be liable for any persons or property injure&"& reason
of said wark or fmprevements, but all of said li&&X4.li&!$shall be ,“ :)(
assumed bk said Property Owner and Property UwneVs successors,
heirs, assigns br transferees, and they ~sthall dp&ve the City
harmless from, ati zLn&@&nifythe City against, any and all claims, ,
suits and liabilities of or &o rrny person'or property injured or
claiming to be injured as a BXMWX~ of s&f& w&k or improvements.
,,* .,I Said Property Owner, an&g&&~~&~:.O"ijner,s successors, heirs,
assigns or transferees, further agrees to protect said City and
the officers and employees thereof from all liability or claim
because of, or arising out of, the use of any patent or patented
article in the construction of said improvement.
Section 7. It is further agreed that said Property Owner
will at all times up to the completion and acceptance of said work
and improvements by the City, give good and adequate warning to
5 Rev. g/20/90
,
. e 43p’
the travelin public of any dangerous or defective conditions of
public property. The Property Owner hereby agrees to pay for such
inspection of improvements as may be required by the City Engineer
of City.
Section 8. This agreement and the covenants contained herein
shall be binding upon and inure to the benefit of the successors,
heirs, assigns and transferees of Property Owner, shall run with
said real property, ble servitude upon said
real pr-perty,::,:+ ~;';
rred to herein
,-_; :,, ,( (d
and upon which said ~~~~~:~s'd~~~~a,~~s'aa~cPikbea'ae follows: 1, ALL TBAT Jkk@ION OF LOT 22;'0@THE CARLS IOH&A@DS, IN TIiUf: CfTP E)F CARLSBAD, COUNTY OF SAN 0, C!ALIFORNI&~ ACCORDING TO MAP TBEREOB NO. %643, STj$TE OF IN THE OFFICE OF THE RECORDER OF SAID SAN BIEGG Y, APRIL X8,,-1950 DESCRIBED AS FOLLOWS: !: I( .i
~~~~~1~ AT THE SOUTHEAST CORNER OF SAIis NGRTBERLY'ALONG THE EASTERLY BOUNDARY OF k&k$ LG ARC OF A CURVE CONCAVE TO THE EAST HAVIHG A-I FEETTBRCi@GHACEMTRALANGLE OF 7"38'45"A‘DISTti&$OF 110.76 FEBT; THENCE ALGRG A LINE RADIAL TO $MsIEJ t?U@b HAVING A BEARING OF SOUTH 84"23'05" WEST A DISTANCE @"%81".48 FEET TO A poxlrsp IN mf: WESTERLY BOUNDARY OF sAm x&T P~~~HENCE ALONG SAID WEGTERLY BOUNDARY SOUTH 80"00'49" iSlkt%', .A DISTANCE OF 134.98 FEET TC T&E SOUTHWEST CORMER OF SAIDLOT 22; THENCE ALONG T&E SOUTHERLY BCUMDARY OF SAl% LOT 22$ WORTH 76'44'20" EAST, A DXSTANCE OF 1;82,95 l?Ee"lt ?t!O THE POINT OF BEGINNING
Rev. g/20/90
Section 10. The required improvements to be constructed and
the estimated'costs thereof are as follows:
IMPROVEMENTS ESTIMATED COSTS
Engineering L.S. Curb & Gutter 111 L.F. Sidewalk 555 S.F. 3" A.C/6" A.B. 2054 S.F.
+15% Contingency
2,500.OO 1,660.OO 2,220.oo 6,160.OO $12,540.00 1.881.00 $14,421.00
199/ Executed by Pr day ofpmeA ' . _( ..' PROPERTY OWNER CITY 'QF CARLSBAD a municipab corporation of &he State uf California
Robert...uVne li_lr, <l( (print name here) ,, ‘*ai& ,, ,( ,;J ATTEST: ', ;; ,! ,,, 1 ,:
izatipn of signatory) :: ,,' .,, ,'
Kathrvn A. P&vne (print name,hare)
City Clerk
,i
&‘&e&&ion by PROPERTY OWNER
(President or vice-president and secretary 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: VINCENT F. BIONDO, JR.
CitFrey
BY Deputy City Attorney
Rev. g/20/90
STeTE OF CALIFORNIA -4
COUNTYOF SS. SAN TlTEl3-l
*On DECEMBER 4, 1991 , before me, the under-
signed Notary Public, personally appeared t .
A PUNE
*******************t***************
*********************X**************
ic?iEmdx*a ar (proved to me on the basis of
satisfactory evidence) to be the person s whose
namS are subscribed to the within instrument
and acknowledged that they executed the same.
SIGNATURE
SAW193 w9o~
-.-
(9
MomeFedBankF~