HomeMy WebLinkAboutFIA 92-14; Richardson, Leslie H.; 1992-0401245; Future Improvement Agreement/Releaseh
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RECORDING REQUESTED BY AND ) 1636
WHEN RECORDED MAIL TO Ci W CL-t ,’ CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 i
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Space above this line for Recor-
,:, (/ 0, '33~mit t+To*, CB 92-0318
Parcel No. 205-280-05 FL& No. 92-014
COl&%W!T FOR FUTURE PUBLIC IMPROVEMENTS
's made by the City of Carlsbad, &municipal II corporation; hereinafter referred to as llCity"f, and 'Zeslie H.
Richar&on, h&einafter referred to as "Property Ow$~r'~~~
RECITALS
-, Property Uwner has applied to City for a Building
Permit Cl3 92-0318 for the real property hereinafter described, now
under Property OV&k~~&'~ownership: and
WHEREAS, it h&s.&aen faunid'that said property is not suitable
for development in its'prkssnt con&it&an, 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
Building Permit: and
=-, Property Owner has requested that approval of said
Building Permit be granted by City in advance of the time said
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improvements are to be made: and
WHEREAS, Property 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, THERE between tsle parties hereto as
follows: :
Section* Tha& ~~~~~~~ 'her, in lieu 'Of making the
hereinafter deecrgbed improve&'&s before approval of said
building permit is granted, agrees to install and construct, or
cause 'ta be installed or constructed, said &mpr#~ments in
accordance with plans and specifications approved bv‘the City
Engineer wft=;hfn sixty (60) days after written demand &to do by
City. Property (.Mnsr shall not be required to make said
improvemasnts barfare June 1, 1993, or within such fur%her period of
time as ia gran%~!;~by City, provided, humver, that upon the
happening of either of the fol2owfng occurrences said improvements
may f at the sole election of City, be "J;-equired to be made sooner
than said date or such ~~~~~‘~~~~d 'al 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
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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 &t 'the time of signing this
contract is fifteen thou&and ninb hundred efghty-five and OO/lOO
DOLLARS ($15,9&5.00). PWparty owner hereby acknowledges that
said cost is a rasonabI&e est9mate of ingfneering and construction
costs at thfs t&~ and that the actual cost of same at some time
in the $Wure y exceed this estimate.
* That for the faithful performance of $&&I promises
and ca~enants'herein contained, Property Owner hereby brants to
City a Xian'Ellja;n the hereinafter described property lin ~&e amount
of $15,985,90 plus any future increases af cost in exc&s of this
sum resul%&q'fr?oxn increased engineering and construction costs,
and in th8 Went Property Owner, Property Owner*s successors,
heirs, assigns, or ti;9nsii?rees fail to ilistall and construct said
improvements in the manner and within the time specified herein,
Property Owner agrees&&"&&y m&y da any or all of the follow-
ing:
(a) Have the necessary engineering for said improve-
ments done, and install and construct said improvements by
contract or otherwise. City or its contractor and contractor's
employees may enter upon any portion or portions of the property
reasonably necessary for said engineering and construction, and
the entire cost and expense shall be charged against said property
and payable by said Property Owner, Property Owner's successors,
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heirs, assigns ortransferrees immediately upon completion of said
improvements. In the event same is not paid within thirty (30)
days from completion, City may foreclose said lien as provided by
law for the foreclosure of mortgages.
(b) Direct the City Engineer to estimate the cost of
necessary engineering, .'-,'~~iil--;.i~~~~~"rrork required to install and
construct said i%@r&v nts , and fsreolcwe said lien in said
amount.
(c)' P&sue ~~y'~~~~~ leg&X or equitable (including
those specifically referred to herein), for the foreclosure of a
lien, and the "rsroperty Owner, Property Owner's successors, heirs,
assign65 and 'transferrees, shall be liable fcrr reasonable
attorneyif's Pes& as a cost in said proceedings. "3 '_
* That it is agreed that anything her& contained
to the catitmmy notwft&anding, the promises an& covknants made
herein shall no't: be binding upon the holders, mortgagees, or
beneficiaries of a@$ purchase money mor&gage or purchase money
deed of trust for value which ha@ been or may in the future be
executed by the Pruperty Owner, Property Owner's successors,
heirs, assigns or tranY ',,~&ndUths lien hereby created shall I
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 4. That at any time during the period herein
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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 aiY "“by kh8 City Engineer, and that
upon deposit of %a&'-&a&'%r p&#ting of said bond the City agrees
to release tM property, .&& any portion of 'it @ai to which said
deposit or ptsicat$-rig applfsbs; frora UT&% provfsions of this agreement,
and to execute a@ r'lecessary r%Xf;ceas% to enable the record title of
the proprty to be released from the lien herein impos%d.
Said City shall not, nor shall any 'Mficer or
employ&% tb%r%of, be liable or responsible for any ac&&nt, loss
or dam&g% h&p@nfng or occurring to the work ar improvements
speciffesd in'khi6 agr%%ti%nt prior to the completion and 'acceptance
nor shall said City, nor any affic%r or employee
thereof, bcs 3iSabla -far any persons or property injured by reason
of said work or improve9berrts, but all of said liabilities shall be
assumed by said Property Own%r and Prop%rQty Owner's successors,
heirs, assigns or tr&W 8,' an4 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.
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Section 6. 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 improvem*#i, ~%%y"~%#e~required by the City Engineer
of City. 3(
Section ?'l""~is~ag&&er& and the covenants contained herein
shall be bindfng'upon anal inuvle 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 pr"Qj;berty, i
L 3, A description of the property referred'to herein
and up& which said lien is imposed is described as follows:
AU THAT PORTXON uF TRACT 241 OF THoM LANDS, 3EN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORIXNG TO MAP THEREOF MO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRfElED AS FGL~GWING:
COMMENCTNG AT THE PUXNT OF ~~~R8~~~ON OF THE CENTER LINE OF MAGNOLIA AVENUE WITH THE CENTERLENE OF ADAMS STREET; THENCE ALONG THE CENTERLSNE OF ADAMS STREET SOUTH 28"39' EAST A DISTANCE OF 274,98 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 61*2X' EAST, f DLSTANCE OF 186.67 FEET TO THE MOST WESTERLY CORNER OF A 'PORTION OF SAID TRACT 241, CONVEYED TO V.V, SEYMOUR AND WIFE, BY DEED DATED OCTOBER 5, 1943 AND RECORDED IN BOOK 1567, PAGE 352 OF OFFICIAL RECORDS; THENCE SOUTH 28"39' EAST ALONG THE SOUTHWESTERLY LINE OF LAND CONVEYED TO SEYMOUR, A DISTANCE OF 139.42 FEET TO A CORNER THEREOF IN THE NORTHWESTERLY LINE OF A PORTION OF SAID TRACT CONVEYED TO JANIE E. ROBIRDS BY DEED DATED MAY 29, 1942 AND RECORDED IN BOOK 1196, PAGE 4 OF OFFICIAL RECORDS; THENCE SOUTH 61"21' WEST ALONG SAID NORTHWESTERLY LINE OF LAND CONVEYED TO ROBIRDS, A DISTANCE OF 186.67 FEET TO THE MOST WESTERLY CORNER THEREOF, BEING A POINT ON SAID CENTER LINE OF ADAMS STREET; THENCE NORTH 28"39' WEST ALONG SAID CENTERLINE, A DISTANCE OF 139.42 FEET TO THE TRUE POINT OF BEGINNING.
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Section 10. The required improvements to be constructed and
the estimated costs thereof are as follows:
JMPROVEMENTS QUANTITY UNIT COST ESTIMATED COSTS Engineering Lump Sum $ 2,ooo.oo Curb & Gutter 140 LF $15/LF $ 2,100.00 Sidewalk 700 SF $4/SF $ 2,800.OO Undergrounding of Overhead Utilities 340 LF $50/LF $ 7.000.00 Subtotal : )_' v(' $13,900.00 +15% conti @Q, ; $ 2,085.OO TOTAL $15,985.00
Execute& hy Prope&$&Wne$? this !? - day of Jti%~c % I 199&.
PROPERTY ,&WFfEB
Leslie H, ,Ricwdson
CITY OF CARLSBAD a municipal corporation of the State of California
Leslie PI. ~Riwrdson (print n-e here) ATTEST: .
By:
(sign ha(a)
(print name here)
(title and organi&&m di rr&natory) _-,
(Proper notarial acknowledg&&'t of execution by PROPERTY OWNER must be attached)
(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: RONALD R. BALL Acting City Attorney
By: "1 Deputy City At&rney
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lpwrnl IA I A~KYCIWI ennueur
the undersigned Notary Public, personally appeared .
AmlUR P. Nwurr cmaFtvfu0uc-~ m-m YwDEooQIyl’
p&I;: N. kk4uds-
9 personally known to me
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)
within instrument,
-+ subsctit%edt~
and~cknowiedged that
AliENTlON NOTARY: Akhough tha infwnation requested helm is OPTIONAL, it cc&l prevent fraudulent attachment q+tatoanomdoc~t. f this
THIS CERTIFICATE Title or Type of Document
MUST BE All-ACHED TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
Q NmoNALNouRlAssoaATloN.8pBRrmmrtpve.~p.0.Box7184~carogs~.cA 91304-7194