HomeMy WebLinkAboutMS 277; Banger, Robert and Mary Louise; 76-127164; Future Improvement Agreement/Release988 . . .% ’ .<“,“:!j”.j,+ i NG REQUESTED B -1ND > \r!‘j c i: #>I- i-:r RECORDED MA I L TO. 1
. w 1 r;ty of Carlsbad v I
lid,0 Elm Avenue 1 Carlsbad, CA 92008 1
76y127164 FKEIPACE NO.- BOOR 1976 RECORDED REQUEST OP ,
ii 28 12 OOY~ ‘76
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> OFFICIALRECORDS SAN DIE00 COUNTY,CALIC?
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firm name
City of Carlsbad
Parcel NC. 206-150-7
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carkbad, a municipal
corporation, hereinafter referred to as “City”, and Robert Bangar and
Mary I,ouisggtA'3* , hereinafter referred to as “Proper-
ty Owner”. \ W-R
REC t -jALS :
WHEREAS, Property Owner has applied to City for a ?&inor Sub-
Division No. 277, Hoover Street west of Highland Drive
for the real property hereinafter described, now under Property Owner’s
ownership; and
\dU CD I’ I\ C t*t ILl\b~J , it f7=)c ,u- bon-. vrri. f cu nd that sa id propertv ‘1 s , 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 Engineers
tentative parcel map approval letter dated February 18, 1976
attached hereto and incorporated by reference herein require certain
improvements and dedications as a condition of approval of this Flinor
Subdivision No. 277 ; and
WHEREAS, Property Owner has requested said rlinor Subdivision
No . 277 approval
be granted by City in advance of the time said improvements are to be
., made; and
l WHEREAS, Property Owner, in consideration of the approval of
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said’ Minor Subdivion . ’ desires to enter int.o this agreement
s.ecuring 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. That City agrees to record any irrevocable offers
of dedication made by Property Owner for approval of Minor Subdivision
No. 277.
Section -2. That Property Owner, in iieu 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 cons;ructed, said improvements in accordance with plans and specifi-
cations approved by the City Engineer within 60 days after written
demand so to do by City. Property Owner shall not be required to make
said improvements before April 1, 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 Council 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 the property herein
described has frontage, have agreed with City to install street improve-
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 petitioned th,e City to form an
improvement district for the improvement of said streets.
Said improvements shall be made without cost or expense to
City. Gity estimates that the cost of engineering and construction of
said improvements at the time of signing this contract is $10,567.55 .
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
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and covenant’s herein contained, Property Owner hereby grants to City a
lien upon the hereinafter described property in the amount of $10,567.55,
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 within the time speci-
fied herein, he agrees that City may do any or al 1 of the following:
(a) Have the necessary engineering for said improvements
d one, and i nstall and construct said improvements b,y 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 entjre 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-
ment s , 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 promise’s and covenants made herein shall I
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
silccesso.rs, he? rs, assigns, or transferees, and the lien hereby created
=/;a?! Le . . . , uG and i s hereb-y subordinated to and declared to be iflfefioi' 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 here-
inafter described is acquired by or as a result of a foreclosure or
(3)
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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 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 shal 1 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 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 off ic.ers and employees thereof from
all liability or claim because of, or ar,ising 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 acceptance of said work and im-
provements by: the City, give good and adequate warning to the traveling
pub1 ic 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 binding upon and inure to the benefit of the succ’essors, heirs,
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a,ssigns, 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 ds follows:
Lot 5 of Block "B" in Bella Vista, in the City of Carlsbad, County of San Diego, State of California, according to map thereof
NO. 2152 filed in the Office of the County Recorder of San Diego County on March 7, 1929.
xxx
xxx
xxx
xxx
xxx
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xxx
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. Section 10. The required improvements to be constructed and the
estimated costs thereof are as follows:
Improvements Estimated Costs
1. 6" curb & gutter 145 If @ 3.OOlf $ 435.00 2. 2-12' min. driveways @ 120.00 ea 240.00 3. 4" PCC sidewalk 725 sq.ft. @.85sq.ft 616.25
4. Remove existing pavement & subgrade 2900 sq.ft. @ .lO sq.ft. 290.00 5. 2"AC paving on 4" base 2682 sq.ft.@ .40 sq.ft. 1,072.80 6. Undergrounding utilities 145 lin.ft. @ $40.00 lin.ft. (incl. st. It.) _ 5,800.OO SUBTOTAL 8,454.05
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7. Engineering 10% 8. Contingencies 15%
Dated: &fi/ q /97b h
845.40 1,268.lO
Municipal Corpora- f California
STATE OF CALIFORNIA ) ) ss.
ty]Manager
COUNTY OF SAN DIEGO )
On Apdlgj? /976 before me the undersigned, a Notary Pnblic in and fdr said state, pers&ally appeared Paul D. Bussey, 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 exe- cuted 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 TO FORM:
Vincent F. Bi . City Attorney
*-~-arc4--ezcz-.H
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OFFICIAL SEAL
F;Ok-l K. GARDINER r’
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II’OTARY PUBLIC-CAM \ PRINCIPAL OFFICE IPI
SAN DIEGO COUNTY MY COMMISSION EXPIRES JAN. 2% 1980 b _ ~zIcIccI)~z~zzz--I)~
(Notarial acknowledgement of exection of owners must be attached).
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before me,
and State,
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?I 5
2 nown to me
2 to be the personSwhose nameZ&suiscribed to the c ZJ within instrument and acknowledged tha tdsexecuted the a same. I
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794
8 SAFECO
FOR NOTARY SEAL OR STAMP
79s
Pebruary 18, 1975
5 Carlsbad Properties. :;- 2541 state street II Carlsbad, CA 92008 : -,:.: .: * , Attn: 4obert II, Sonneborn
Subject: Proposed parcel map for Yinor Subdivision No, 277 300ver Street
Dear, Sir:
t;21xcas the requirements of the Zalifornia Enviromental QualFty Act and the Citil of Carlsbad Environmental Protection Ordinance of 1973 relating to the subject proposed parcel mp have been ewaxined by the Planning Director and declared to have a non- significant impact upon the environment- and whereas negative findings delineated by Section 20-24.130 of the Car&bad Xuni- ci?al Code have not been mde, and wheraas this minor subdivi- sior, is found to be in conformity with the General Plan of the City of Carlsbad, thersfore a final decision has been made to approve tke subject tentative parcel map subject to the following conditions:
1, All required fees and deposits shall be paid prior to final
map recordation.
2, Owner shall, comply with conditions of approval stipulated by Planning Commission Resolution No. 1209. . . . 3.11: c w* DE-Le'teo By cty k4A~ee~ a/q76
4, Owner shall dedicate to the City for public street purposes 5 feet of frontage along Hoover Street.
5. Oxner shall enter into an agreement with the City of Carlsbad for the future installation of fuLl + street improvements on this Hoover Stroet'frontage of the property. (Owner's engineer shall submit an estimate of the cost of these improvements to the Engineering Department. Engineering Departm&nt will prepare the necessary agreement for owner's signatua,)
6. AU utilities installed as a part of any proposed construction shall be completely underground.
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Carfsbad Properties February 18, 1976 Page Two .
7. Tentative map approval shall expire one (1) year from the date of ths final decision of approval if recorded, the parcel map has not been
i recommend that he applicant secxm3 a '. before proceeding @.fh the subdivision,
‘, . ’ -. V=Y
&oastal Comissfon permit
truly yours,
Tim Phnagan
4f TCP/i lc/dh cc: Robert Hangar Buck, McCarty & Associates Regional Coastal Commission
City Engineer