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HomeMy WebLinkAboutMS 269; Banger, Robert and Mary Louise; 76-035213; Future Improvement Agreement/Release&( ,&.b/,,L ;L . . ,=A 4 /I? 76 -- --r’c..&i #’ I;.‘;; /z . .._. 76 -. 03 &q/3 I . . . _613 -3 r, .\L::?IR.D I NG REQUESTED B\ WI-;LN RECORDED MAIL TO:, ND i b’ \ City of CarTsbad 1 1200 Elm Avenue 1. Carl sbad, CA g2008 > 1 i : 1 Space above this line for Recorder’s use mentary transfer tax: $No fee b?Q-&?x/q& Signavure of decl:rra‘plt * ’ stermining tax- firm name City of Carlsbad Parcel No. 205-210-16 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and P;;;I~ asG&erg k and Pauline M. Anderberg ty Owner”. , hereinafter referred to as “Proper- RECITALS: WHEREAS, Property Owner has appl ied to City for a minor sub- division - No. 269 - Magnolia Ave. and Highland Drive for the real property hereinafter described, now under Property Owner’s ownership; and !.l!.JC9 FA,S .I, aLI\- , 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 pub1 ic improvements hereinafter described are constructed and certain irrevocable offers of dedication are made to City; and WHEREAS, the Municipal Code of ,City and the City Engineer's tentative minor subdivision approval letter dated Nov. 13, 1975 attached hereto and incorporated by reference herein require certain improvements and dedications as a condition of approval of this minor subdivision ; and WHEREAS, Property Owner has requested said minor subdivision be granted by City in advance of the time said improvements are to be I made; and ’ WHEREAS, Property Owner, in consideration of the approval of (1) ’ ., AL:614 t said minor subdivision desires to enter into thi’s 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: Section 1. That City agrees to record a.ny irrevocable offers of dedication made by Property Owner for parcel map a??groval (minor sub- division no. 269) . Sect ton -2. That Property Owner, in lieu of making the herein- after described improvements before approval of said minor subdivision is’granted, agrees to install and construct, or cause to be installed or consiructed, said improvements in accordance with plans and specifi- cations approved by the City Engineer wi.thin 60 days after written demand so to do by City. Property Owner shall not be required to make said improvements before 1 February 1977 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 Counci 1 finds that the owners of 40% or more of the frontage, including the frontage of Property Owner, between inter- secting streets on both sides of the street upon which &he property herein described has frontage, have agreed with City to install street impt-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. Gi.ty estimates that the cost of engineering and construction of said improvements at the time of signing this contract is $31,819,00 . 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 c9 t t 615 . and c0venant.s herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $31,814.OQ plus any future increases of cost inexcess of this sum resulting from increased engineering and construction costs, and in the event Property Owner, his successors, heirs, assigns, or transferees fail to install and construct said improvements in the manner and withirl the time speci- fied herein, he 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 charged against said property and payable by said Property Owner, h successors, heirs, assigns, or transferees immediately upon complet of said improvements. In the event same is not paid within 30 days completion, City may foreclose said 1 ien as’provided by law for the foreclosure of mortgages. be is ion from (b) Direct the City Engineer to estimate the cost of necessary engineering, and the work required to install and construct said improve- ments, 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 successo.rs, 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 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 (3) , . - l . I. 616 . - tvu s tees I sale of any such purchase money mortgage or purchase money deed of trust. Sect ion 5. That at any time du,ring the period herein 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 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 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 Tnjured 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 against, any and all claims, 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. Said Pro- perty Owner, and his successors, heirs, assigns, and transferees, further agrees to protect said City and the offic,ers and employees thereof from all liability or claim because of, or ar.ising out of, the use of any patent or patented art icle in the construction of. said improvements. Sect ion 7. It is further agreed that said Property Owner wi 11 at all times up to the completion and acceptance of said work and im- provements by the City, give good and adequate warning to the traveliny 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. Sect ion 8. This agreement and the covenants contained herein shall be bindinq upon and inure to the benefit of the succ’essors, heirs, (4) ., 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: That portion of Tract 240 of Thum Lands in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No, 1681 filed in the Office of the County Recorder of San Diego County, described as follows: Beginning at the most easterly corner of said Tract 240, thence South 61°21'OO" West along the southeasterly line thereof 244.39 feet to the most easterly corner of the land conveyed to Ralph G. Nix and Hazel Nix by deed dated June 1, 1926 and recorded in Book 1218, page 319 of Deeds; thence North 23°00'OOt' West along the northeasterly line of said Zand 242.77 feet to a point in a line which is parallel with and north- westerly 241.59 feet measured at right angles from said southeasterly line of said Tract; thence North 61°21'OO" East along said parallel line 220.49 feet to a point in the northeasterly line of said Tract 240; thence South 28O39'00" East along said northeasterly line 241.59 feet to the Point of Beginning. xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx (5) . Section 10. The required improvements to be constructed and the estimated costs thereof are as follows: Improvements Estimated Costs 1. Engineering 10%; contingencies 15% $6,364.00 2. Street trees (10 @ $25 ea) 250.00 3. Curb & gutter 485.98' @ $3.3O/lf 1,604.OO 4. 4" PCC sidewalk 485.98' @ $4.75/1f 2,308.OO 5. Paving 485.98' X 10' @ $.35/sf 1,700.00 6. Street light energy 2 @ $76.86 ea. 18 mo. 154.00 7. Deposit to insure undergrounding of overhead facilities and installation of street lights - 485.98' @ $40/lf 19,439.oo TOTAL COST $31,819.00 . Dated: /- /9- 7d Paul And&berg I CONSENT to and join in all the promises herein contained, and agree tomeli. Robert L. SnyderU (transferee of said property) CITY OF CARLSBAD, a Municipal Corpor- California ity Manager . i’ I STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On a, 30. i914 before me the undersigned, a Notary Public in and for said State, personAlly appeared Paul D. Bussey, known to me to be the City Manager of the City of Carlsbad, a municipal corpora- tion of the State of California, known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged . to me that such City of Carlsbad, California, executed the same. WITNESS my hand and official seal. APPROVED AS $Q FORM: , 'City Attorney w t ----a. --IC- I ---*z-c4 OFFICIAL SEAL \ DIANE P. HUBBARD 4 “-‘-f-ARY 6’LEKlC - CALIF 1. PrF*RY NCIPAL CFFICE IN \ IJA’..,, n,rnrr A..*.-.-- L"lV LJIC~" LUUNrY i ( MY COMMISSION EXPIRES JUNE 4. 1979 1 A--e- ---------- -.-\ . (Notarial acknowledgement of execution of owners must be attached.) (6) 70 447 CA (4.731 (Individual) STATE OF CALIFORNIA pfd D&Go SS. COUNTY OF 5 TITLE INSURANCE AND TRUST AllCOR COMPANY I . t On a Notary Public in and for said State, personally appeared , to be the person whose name- SliN DIEGO COLJNU Name (Typed or Printed) (This ama for olltcial nOtEirlal seal) .- TO 447 CA (4.73, (Individual) TITLE INSURANCE AND TRUST STATE OF CALIFORNIA ATKOR COMPANY -‘ia H 0 ss. COUNTY OF ra<cJ 4 On d/vt. d9 I?‘)& before me, the unde State, personally appeared ifK.I*IIMS /?, ’ r ’ r s to be the person _ - whose name- 1 3 subscribed o to the within instrument and acknowledged that sh <. , , known to me Name (Typed or Printed) Principal Dffice. San D!c?u id. C: ; 1. ; (This vu fw ~(kkl n.tuld seal) STATE OF CALIFORNIA COUNTY OF24 v. 0 % * c c 3 On Sf?xvx ACL42 I’iTL ss. before me, the undersigned, a Notary Publi in persona,,y appeared -- g&L, zd ya~:pJyFL , known to me to be the person- whose name t3 subscribed to the within instrument and acknowledged that h +? _ executed the same. Name (Typed or Printed) Notary Public in and for said County and State FOR NOTARY SEAL OR STAMP OFFICIAL SFAL Principal Cffice, Sac Dic;s Cz. Cdif. : My Comrni;sion Exp. Aug. 25. 1978: @’ ,* T #’ i’i i i ‘I- *. [ ] 620 . November 13, 1975 Robert L. Snyder 24592 Overlake Drive . El TQrO, CA 92630 NO FEE Subject: Proposed Pllinor Subdivision No, 269, Magnolia Avenue . and Xiighland Drive Daar 512: Whexaas the requirements of the California Environmental Quality Act and'tha City of Carl&ad Environmental Protection Ordinance of 1373 relating to the subject proposed parcel map have been examined hy the PLanning Director and declared to have a non-significant impact u@x~ the environment, and whereas negative findfngs dslinentod by Gxtion 20,24.130 of the Carlsbad I-Junicipal Code have hot been made, and whereas the minor subdivision is found to be in conformity with the General Plan of the City of Carlsbad; therefore, a final decision haa been made to approve the subject proposed minor subdivision subject to 1, 2, 3. 4. P dr G . the following cbnditions: - All required fees and deposits shall. be paid prior to final map rac~sdation* Applicant shall comply with the conditions set forth in Planning Comission Resolution Ho. 1188. Owner shall enter into an agreement with the City of Carlsbad for the future installation of full l/2 street improvements on ail street frontages of the property. (Owner's engineer shall submit an estf;mate of the cost of these improvements to the City Znginzering Degaxt.rxtnt, Bngineering Department will prepare the necessary future improvemenb, agrsamant.) All utilities installed as a part of any proposed construction shall be completely underground. Ownor:shall dedicate to the City, by certificate on the parcel map, propert-1 as required for a 20' property line radius at the northwest corner of the intersection of Magnolia Avenue and EIighland Drive. Yentatim map approval. shall expire one (1) year from the data of 'this letter if the parcel map has not been recorded, very truly yours, ORIGINAC SIGNED BY TIMOTHY, C, Fl.&!iAGA~~ Tim Fbmagan. City Engineer . '