HomeMy WebLinkAboutFIA 94-04; Curtis, Kenneth and Magali; 1994-0583068; Future Improvement Agreement/Release. ,
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OFFICIAL RECORDS
1418 SAN DIEGO COUNTY RECORDER’S OFFICE GREGDRY SI’IITH, COUN~~E~ECORDER RF: 13.00 : 31.
RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO City Clerk ; CITY OF CARLSBAD 1 1200 Carlsbad Village Dr. ) Carlsbad, CA 92008 1
Space above this line for Recorder's use. CITY OF CARLSBAD Permit No. Cl3940530
Parcel No. ,207-022-16
FIA No. 94-004, 4117 PARK DRIVE
CONTRACT FOR FUTURE PUBLIC IMPROVEWXTS
THIS AD is made by the City of Carlsbad, 2i municipal
corporation, hereinafter referred to as "City",. and Kenneth and
Magali Curtis, hereinafter referred to as "Pro@erty Owner."
RECITALS
WHEREAS, Property Owner has applied to City for a Building
Permit Number C3940530 for the real property hereinafter
described, now under Property Owner's ownership: and
WIB!X", 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
-, the Municipal Code of City requires certain
improvements and dedications as a condition of approval of this
Building Permit: and
AGREEMENTS\AG-12.FRH 1 Rev. 11/04/92
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1419 - -, 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
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, IT fS MZRXED between the parties hereto as
follows:
Section 1. That City agrees to record any irrevocable offers
of dedication made by Property Owner for improvements.
Section* That Property Owner, in lieu of making the
hereinafter described improvements before approval of said
Building Permit 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 July 30, 1996, or within such further period
I of time as is granWd EQ City8 .provide&, however, that upon the
happening of either of the following occurrences said improvements
may I 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.
AGREEMENTS\AG-12.FRU 2 Rev. 11/04/92
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(b) When owners of mor an 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 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 Seventeen Thousand Seven Hundred and OO/lOO DOLLARS
($17,700.00). 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 $17,700.00 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
I improvements in the Ittanner" and Pusthin the t&me specified herein,
Property Owner agrees that C&Q mjay do 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,
AGREEIIENTSUG-12.FRI 3 Rev. 11/04/92
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.~ 142&-- 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. i
dy, legal or equitable (including
those specifically referred to herein}, for the foreclosure of a
lien, and #e RWperty Owner, Property Cwner@s successors, heirs,
assigns artdtransferees, shall be liable for reasonable attorney's
fees as a cost %ti said proceedings.
. That it is agreed that anything8hereWContained
to the contrary notwithstanding, the promises and covenants made
herein shall not be binding upon the holders, mortgagees, or
beneficiaries sf any purchase money mortgage or purchase money
deed of trust for value which has been or may in the future be
executed by the P%opetty Owner, Property' Owner's successors,
heirs, assigns or transfsr@@s, and the lien hereby created shall
be and is hereby ~~~~~~t IWand declared to be inferior and
subsequent in lien to the&%, r%.ai~llry 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
AGREEMENTSUG-12.FRM 4 Rev. 11/C&/92
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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
depositor posting applies, from the provisions of this agreement,
and to execute any necessary release to enable the record title of
the property to be relayed 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 agreementpriorto 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 inj'urH,Ls 'a zmst;L;St of said work or improvements.
Said Property Owner, and ~Prupesrty 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
AGREEMENTS\AC-12.FRH 5 Rev. ll/Qfi/92
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- 14?- 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:
PARCEL ORE OF PARCEL MP 10776 FILED IN THE OFFICE OF SAN DIEGO COHNTY RECORDER ON 9TH DAY OF DECEMBER 1980.
Section &Q . The required improvements to be cons&acted and
the estinrated costs thereof are as follows:
STREETIMPROVEMENT S AILING 4117 PARE DRIVE
IMPkWEMEN+I% Engineering UNITCOST ESI?MA~UCBSTS
$2,000.00 $2,000.00 Curb&Gutter 102 LF $15.00 LF $1,530.00
Sidewalk SIO SF $4.00 SF $2,040.00 6"AggregateBase + 3"A.C. Paving 3,060 SF $3*uu SF $9,rso.o0 Street Light 102 LP $3,150.00/500W $ 643.00 $15,393.00 +lS%&&~ency $2.307.00 Tuti $17,700.00 ///
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AGREEIENTSMG-12.FRM 6 Rev. ll/G4/92
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A c4
Section 11. This contract for Future Public Improvements
updates the estimated costs of said improvements and supersedes
the contract recorded on November 15, 1980 as Document
Number 80-398295 for Parcel 1 of Parcel Map 10776 only.
IS ti day
192+ Executed by Property Owner this 09&d,
8.
PROPERTY OWNER CITY OF CARLSBAD a municipal corporation of the State of California
Kenneth and Ma-0 (Nam of PropeWy &h&r) ,.-a
By: & IJC .&' c--z
(sign here) for City Manager
Eenneth Curtis (print name her&
f3w Me-
(title and ,organization of signatory)
By:
Maaali Q&&&% (print nan@ her@)
(title and ozanization of signatory)
(Proper notarial acknowledgement of execution by PROPERTY OWNER must be attached}
(President or vice-president snd secretary QE 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 City Attorney
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*" U$$%& Attorney
AGREEMENTSUG-12.FRt4 7 Rev. II/W92
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. CALIFORNIA-ALL-PURPOSE ACKNOWLEDGMENT No. 5907
On efore me,
NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTAR_Y dUBLlC
subscribed to the within instrumxt and ac-
LORELEI BROOKS
COMM. #loo0669
Notory Putdic - Callfomia
SAN DIEGO COUW the instrument the person@
or the entity upon behalf of which the
person@ acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
a INDIVIDUAL
0 CORPORATE OFFICER
bm&*&w
+-Lb! tLi cp~f3l-e~*,
TITLE OR TYPE bF DOCUMENT
TITLE(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT NUM
&5.
F PAGES
0 TRUSTEE(S)
; ;;;;;lAN/CONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES) /7?9J2u
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184
C
State of California
County of San Diego
On September 28, 1994 before me, Aletha L. Rautenkranz, City Clerk, personally appeared Martin Orenvak, Community Development Director personally known to me (or proved to me on the basis 0; satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal (SEAL)
(Signature)
AGREEMENTS\AG-12.FRM Rev. 11/04/92
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SLIBORWiATION AGREEMONT
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BAlDUND:S~~IN~~OPS~ODICC;D.FTAn#~~ANDn DESCRIBB, AS FOLLOWS:
PARCEL 1 OF PARca MAP NO. 10776, WI THE Crry OF CMl.!BAR COUNTY OF SAN Ciff!fM. 6T~~OF~FO~~UTHeOPPICtDPMCOUHNIILCCJ~ROFSlUI~~NTY. * AS f&G NO. 60-413660 Oc OFFICIAL RECQWS.
tD IWlm L hn ill ik cml of 4 17.700 in trvar of tM City of Cad&ml which be w
orksuunw61~~ 14%4Q3#fM8 3OQphccjQ94 .hbookuUL POW 1410 Dffku-a(nidcaunqr;alu WHWeAS.Owmrhrrara*ld,~~h~arrecvle,.,drrdd~~nhthrumd , S-C, aatmd -JJ&+gj-, in WoI of anDamCwntvf&@4hmm I
hwMmftw mfamd to 1Q l L8ndW.M w m illtWWt ti UDM th4 tSnnr nd CO&ii described therein, hlch dood of tmst k IO bo mmrdod DINWTM~~Y haradtbz l d, WPltnEAS, it Is l con&km tareada to a4min’ng said lam fm Lender dm said deed of trust Iapt Ibav) mentioned BW wc&%iitbnaW be l - nmai~~ rt eU tin& 8 lien or chmrpo upon UIB land heminbmfw dewibufr pri# end mpukw to the lien or chuQ4 sl tb Future Impr~rnerrc Anromnon t frrt 8bom mmtiond; and, WH~S,LPndlrtrwittinOO~*Jdknorovidrd~d#d06IxlWI~no t~sarnois~Usn~chugouOon~~*r~dproPYNpriormd~~O~ or chatgo of the Futurr lmprovunent Awlemwtt~u ebow mmtbnad and plavi#(l that
Bllreficiaw will rDocifmQ~ and wmdiipV 8ubwbi(late chr Iimn a, cham oftha Futum
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frvw of Le~Mer. and.
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looned to Owner. and f3enefiiery is wiylno that UW dMd of t~8I NCUdIlO Ula Srmcl Shti,
when recordmu, constituta a lh or chargo uponlrid lmd which Is tmm&bM& @sand suprriw to the lien or chaqe of Uw Fvtww Impr- tA.aroafnanttirst~m-. NOW, THEREFORE. in c&t&knfion of the mutual bmlitr wx~~ing ta tie pWtkr
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