HomeMy WebLinkAboutMS 262; Gierszewicz, Walter and Margaret; 75-222218; Future Improvement Agreement/Release'! * - - #+"
124s .-!ic/FAGE ,,75-222218 c .-- BOOK 1975 . RECORDEDREOiJESTOF
RECORI, ING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
City of CarIsbad 0 F F I(; I ,i i. E.:1CGi?“JS
1200 Elm Avenue SAN DIEGO c(!;~L~TY.C~LIF.
Carlsbad, CA 92008 HARLEY F. r;tOCiH RECORDER
Space above this 1 ine for Recorder’s
firm name
City of ,Carlsbad
Parcel No. 207-081~04 . ---
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and Walter C. Gierszewicz
and Margaret M. Gierszewicz , hereinafter referred to as “Proper-.
ty Owne t-l’.
RECITALS:
WHEREAS, Property Owner has applied to City for a Minor
Subdivision No. 262, 4145 Sunnyhill Drive
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 development in its present condition, however said property wbuld 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 City Engineers tenta-
tive parcel split approval letter dated June 27, 1975
attached hereto and incorporated by reference herein require certain
improvements and dedications as a condition of approval of this
parcel map ;and t .
. . ..-- ^- ^ WtltKtAS, Property Owner has requested said parcel map
be grant4 by City in advance of the t ime said improvements are to be
a made; and
WHEREAS, Property Owner, in consideration of the approval of . (I)
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said parcel map 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 . .
construct ion; . .
NOW, THEREFORE, IT IS AGREED between the parties hereto as
follows:
Section 1. r That City agrees to record any irrevocable offers
of dedication made by Property Owner for parcel map approval (Minor _
Subdivision No. 262).
Section 2. That Property Owner, in lieu of.making the herein-
after described improvements before approval of said parcel map
Is granted, agrees to install and cons’truct, or cause to be installed
or constructed, said improvements in accordance with plans and specifi-
cations approved by the City Engineer within 60 days after written
demand so to do b,y City. Property Owner shall not be requi red to make
said improvements before July 1, 1976 or within such further period
of time as is granted by City, provided, however, that upon the happening
of -either of the fqllowing occurrences said improvements may,, at the-sole
el.ection 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 f Fontage of Property Owner, between inter-
secting streets on both sides of the street upon which the property herein .
described has frontage, have agreed with City to install street impr-ove-
ments to City specifications.
(b) When owners of more than 50% of the frontage, between
intersecting streets on both sides of the street upon which the property
herein described has frontage, have pet it ioned the City to form an
improvement district for the improvement of said streets.
Said improvements shall be made without cost or expense to .
City estimates
.
C i.ty. that the cost of engineering and construction o’f
said improvements at the time of signing this. contract is $11,916.26 .
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 est imatc.
Sect ion 3 -m----L- That for the faithful performance of the promises
(2)
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and covenants herein contained, Property Owner hereby grants to City a
lien upon the hereinafter described property in the amount of $II,916.26 . ,
plus .any future increases of cost in excess of this sum resulting from
,increased engineering and construction costs, and in the event Property
Owner, his successors,. heirs, ass.igns, or transferees fail to install
and construct said improvements in the manner and within the time speci.-
fied herein, ie 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 other-
wise. City or its contractor and his employees may enter upon any
portion or portions of the property reasonably necessary for said
engineering and construction, and the entire cost and expense shal 1 be
charged against said property and payable by said Property Owner, his
successors, heirs, assigns, or transferees immediately upon completion
of said improvements. In the event same is not paid within 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 improve-
merits, and foreclose said lien in said ‘amount;.
(c) Pursue any remedy, legal or equitable (including those
specifically referred to herein), for the foreclosure of a lien, and the
’ Property Owner, his successors, heirs, assigns, and transferees, shall
be liable for reasonable attorney’s fees as a cost in said proceedings.
Sect ion 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 orpurchasemoney deed of trust for value which
has been or may in the future be executed by the’Property Owner, his
successors, heirs, assigns, or transferees, and the lien hereby created
shall be and is h-ereby subordinated to and declared to be inferior and
subsequent in li.en to the 1 ien 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 here-
inafter described is acquired by or as a result of a foreclosure or
.
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trustees’ sale of any such purchase money mortgage or purchase money
deed of trust.
Sect ion 5. That at any time during the .period her-ein provided,
the Property Owner, his 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 tha.t 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 al;reement, and
to execute any necessary release to enable the record title of the pro-
perty to be released from the lien herein imposed.
Sect ion 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 1 iable 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
his successors, heirs, assigns, and transferees, and they shall save the
City harmless from, and indemnify the City agai.nst, any and all cl’aims,
suits and liabilities of or to any person or property injured or claim-
ing to be injured as a result of said work or improvements. Sa i-d Pro-
perty Owner, and his successors, heirs, assigns, and 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 improvements.
Section 7. It is further agreed that said Property Owner will
at all times up to the completion and acceptamce’of said work and im-
f2~OV~lltC?iltS by the City, give good and adequate yarning to the traveling
public of any dangerous or defective conditions of pub1 ic property. The
Property Owner hereby agrees to pay for such inspection of improvements
; as may be required by the City Engineer of City.
Sect ion 8. This agreement and the covenants contained herein
shall be bindinq upon and inure to the benefit of the successors, heirs, (4)
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assigns, and transferees of Property Owner, shall run with said real
property, and create-an equitable servitude upon said real property. . .
Sect ion 9. A description of the property referred to herein
and upon which said lien is imposed is described as follows:
Lot 74 of CARLSBAD HIGHLANDS UNIT NO. 2, in the City of ,
Carlsbad, County of San Diego, State of California,
according to Map. thereof No. 2825,. filed in the Office
of t!he County Recorder of San Diego County on December 5, _ 1951.
EXCEPT’ING THEREFROM all that portion of said lot lying
Westerly of the following described land: Begi nni ng at
a poi’nt on the Southerly line of said Lot 74 dist.ant
thereon South 86°56120’1 East 158.00 feet from the South-
westerly corner of said Lot 74; thence North 02.“31’04”
West 120.00 feet to a point on the Northerly line of said
Lot 74 distant thereon North .80°1g’3g” East 150..00 feet
from the Northwesterly corner of said lot.
X
X
.
X
X
X
X
x
X
X
X
(5)
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Section 10. The requi red improvements to be constructed and the
estimated costs thereof are as follows:
Improvements
1. street trees 4 @ $25 ea
Estimated Costs
t
2. curb & gutter 174.72 lin. ft. @ $3.3O/LF
3. 4” PCC sidewalk 873.6 sq. ft. @ $.95/SF
” 4. paving ‘? street 3232.32 sq. ft. @ $.35/SF 1,131.31
5. street light (1) 7M (18 months energy) 71.46
6. deposit to insure underqroundinq of overhead
facilities and insure
tion (174.72’ X $40)
7. engineering (IS%)
8. contingencies (10%)
Dated: a’f3/ r;? 5’
STATE OF CALIFORNIA )
1 ss. COUNTY OF SAN DIEGO )
street 1 ight installa-
*
1:429.95 953.30
TOTAL COST $11 ,g16.26
WE CONSENT to and join in all the
promises herein contained, and agree
to said lien imposed.
NOT APPLICABLE
Transferee of portion of said pro-
pe W
On /+, m75- before me the undersigned, a Notary
Public in and fcb said State. oerionallv aooeared Paul D. Bussev. known
to me to be the City Manager’of the City of’carlsbad, a municipal corpor-
ation of the State of California, known to me to be the person who executed
the within instrument on behalf of said municipal corporation, and acknow-
ledged to me that such City of Carlsbad, California, executed the same.
WITNESS mv hand and official seal. I
Notary Pub1 ic
SAN DIEGO COUNTY B - MY f%lMISSU3N EXPIRES MAY 9, 1977 # ~:~~~!~~~~-~~r.~
( Notarial acknowledgement of execution of owners must be attached).
(6)
STJfE’i)F CALIFORNIA, 1
COUNTY OF /I u
MARJORIE SiVAllOW
NOTARY PU8LlC - CAlIF.
PRliJCIPAL OFFICE IN
saw mm0 cou~n
( MY cCW~ISWN EXPIRES Mky 27* lgm~ ,,-2-r.eez-e+.e-e
ON/J;j/l/Ad ‘“, /“;i ;7J--- ,19-.
said State, personally appeared
-
known to me,
to be the person- whose name- subscribed to th%n Instrument,
and acknowledged to me that -he- executed the same.
WITNESS my hand and official seal.
-!I---~---
Notary Public in and for said State.
ACKNOWLEDGMENT-General-Wolcotts Form 233-Rev. 3.64
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: CITY OF'CARLSBAD -., - s.3.
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. 1 Inter-Office Correspondence
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Atta&mente: Reply reques‘ted:
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,IEPLY:
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Date: ~&L;(-d&Ijq-- .- . Signature: -