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HomeMy WebLinkAboutMS 278; Street, Margaret; 76-151794; Future Improvement Agreement/ReleaseC’ . .--I’;103 RET;IRL; ING REQUESTED B i ANO ) !+iilEN .RECORDED MA IL TO: 1 City of Carlsbad 1 1200 Elm Avenue Carl sbad, CA g2008 - Space above this 1 ine for Reco use NO FEE $No fee firm name City of Carlsbad termi ni ng tax- Parcel No. 2061140-32 . CONTRACT FOR FUTURE PUBLIC iMPROVEMENTS THIS AGREEMENT is made by the City of Carl’sbad, a municipal corpora t ion’, hereinafter referred to as “City”, and Margaret Street, a-widow ,‘hereinafter referred to as “Proper- ty Owne t-l’. RECITALS: .- WHER’EAS, Property Owner has applied to City for a parcel map approval, Minor Subdivision No. 273, Adams Street for Cile real properiy hc:r-eiiIafLe[ desci”ii3ed, rlow urxier Property Clwt~er * 5 eb$-,eyship; : a ;-IC WHEREAS, it has been found that said property is not suitable for development in its present condition, however said property would be I suitable for development if certain pub1 ic improvements hereinafter described are constructed and certain irrevocable offer-s of dedication are made to City; and WHEREAS, the Municipal Code of -City and City Engineers tenta- tive minor subdivision approval letter dated March 11, 1976 . 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. approval . be granted by City in advance of the t ime said. improvements are to be made; and .f l QHEREAS, Property Owner, in-consideration of the approval of 'said minor subdinisian-_ . desires to enter into this agreement i ned securing the construction of said improvements, and City has determ it to be in the publzc interest to agree to temporarily postpone sa construction; id NOW, THEREFORE, IT IS AGREED between the parties hereto as -follows: Section 1. That City agrees to record any irrevocable offers of dedicati’on made by Property Owner for minor subdivision approval (Minor Subdivision No. 278 - Adams Street). Sect ion -2. That Property Owner, in lieu of making the herein- after described improvements before approval of said minor subdivision. is granted, agrees to insta1.1 and construct, 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 by City. Property Owner shall not be required to make said improvements before May 1, 1977 or within such further period of time as is granted by City, provided, how’ever, that upon the happening of either of the fol lowing occurrences said improvements may, at the sole ‘election of City, be reqcri red 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 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.. City estimates t’hat the cost of engineering and con<<truction of said improvements at the time of signing this contract is $5,945.06 . 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 3 I - and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $5,945.00, plus any future increases of cost in excess of this sum resulting from increased engineering and construction costs; and in the event Property Owner, 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 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 shall 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 w.ithin 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 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 ‘1 ien 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 f.orce 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) t.rustees’ sale of any such purchase mdney mortgage or purchase money deed of trust. Sect ion 5. That at any time during 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 t,he 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 1 iabi 1 ities 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 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 P.roperty Owner will at al 1 fimes up to the completion and acceptance of said work and im- provements 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 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) ’ 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: That portion of Lots 9 and 10 in Block "C!' of the Resubdivi- sion of portions of Tracts 238 and 243 of THUM LANDS, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2103, filed in the Office of the County Recorder of San Diego County, described as follows: . Beginning at the most easterly corner of said Lot 10; thence along the southeasterly line of.Said Lot 10, south 26011'55" west 105.00 feet; thence north 78O39'55" west 3.99 feet to a tangent 291.94 foot radius curve concave easterly; thence westerly and northwesterly along said curve 110.00 feet; thence northeasterly in a straight line to a point in the northeasterly line of said Lot 9 distance thereon 110.00 feet southwesterly from the most easterly corner of said Lot 9; thence southeasterly along said northeasterly line 110.00 feet to said most easterly corner; thence southwesterly along the southeasterly line of said Lot 9, a distance of 212.85 feet to the point of beginning. x X X X x X X X X X X X x X X X X X X x X X X X X X X X X x X X X x .' X x - ‘1 * . + 1708 . .- .- - ” . Sect ion 10. The required improvements to be constructed and the estimated costs thereof are as follows: improvements Estimated Costs 1. AC ,paving, base & subgrade 2. Curb & gutter $1,365.00 399.00 3. 5' sidewalk 427.00 4. U/G Utilities incl., St. Light 2,565.OO Subtotal $4,756.00 Engineering 10% 476.00 Contingencies 15% 713.00 TOTAL COST Dated: A&/ 2 /y/L i $5,945.00 I Property Owner WE CONSENT to and join in all the promises herein contained, and aqree STATE OF CALIFORNIA ,’ ss. c oi; N-i-Y DF SA3 ;)iEG3 ) *I On /< /f76 before me the undersigned, a Notary Pub1 ic in and/for sa’id State, phrsonal ly appeared Paui 5. Bussev, known-to me to be the City Manager of. the City.of.Carlsbad, a municipal i corporation of the State of Califor:lia, 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 TO FORM: ly2p&y;,o /j Vincent-F. Biondo’;” JK tio%M?V F’UBLlC -CALM PRJNCWAL offal& b 4 W C0UUt8ttq~N EXPIREI) MN. 2% 1880 ---2~24*4-cI)*~e-r , City Attorney \( . . I (Notarial acknowledgement of execution of ‘owners must be attached). I , TO 447 CA (4.7,) (Individual) 1709 STATE OF CALIFORNIA Ancot COMPANY ss. COUNTY OF Oil before me: the undersigned, a Notary Public in and for said State, personally appeared @ .@!fa@ E E 7 c 3 I/t?&? r Y , L * \ , known to me to be the person _ - whose name- / r subscribed IO the within instrument and acknowle executed the same. +***+********4*i~**~++~~+*~~~~ 4 : OFFICIAL SEAL l : FRED CHATBURN : : NOlARY PIJDl IC - CALIFORNIA $ PF,!‘l<.lPAL GFFICE IN : LrjS AKGELES COUNTY : l My Comm:ss;on Expires July. 24, 1976 : Name (Typed or Printed) :*.*****.*.*.*.*.***..~4.~~~~ To 447 CA t&Is> (Individual) (This are. hr dltcirl notuld 8081) - - - _ _- _.-. . .._ -__ _-. - - .-. ___ _ _ ___ _..- . .._ -. _ ..--.- _. _ - STATE OF CAL1 ATICON COMPANY Public in and for said to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. Name (Typed or Printed) (This wea kr dokl wtutd &I March 11, 1976 George A. Conkwright P.O. Box 388 De1 Mar, CA 92014 Subject: Proposed Parcel Map for Minor Subdivision No. 278 - Adams Street and Cape Aire Lane. Dear Sir: Whereas the requirements of the California Environmental Quality Act and the City of Carlsbad Environmental Protection Ordinance of 1973 relating to the subject proposed parcel map, have been 8Xamined 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 Carlsbad Muni- cipal Code have not been made, and whereas this minor subdivision is found to be in conformity with the General Plan of the City of Carlsbad, therefore a final decision has been made to approve the subject tentative parcel map subject to the following conditions: 1. All required fees and deposit8 shall be paid prior to final map recordation. 2. Applicant shall enter into an agreement with the City of Carlsbad for the installation of full 4 street improvements on the Adams Street frontage of the property (applicants engineer shall subnit an estimate of the improvement cost - City Engineer- ing Department will prepare the future agreement for signature.) 3. Owner shall dedicate to the City of Carlsbad property as re- quired for a 20' property line radius round corner at the south- east corner of the intersection of Adams Street and Cape Aire Lane. 4. Existing structure on the property line between proposed par- cels 1 and 3 shall be remOV8d prior to final map recordation. 5. Sewer service is not available to parcels 3 and 4 except through a private easement (8' minimum width) across parcels 2 and 3 to Adams Street. City Council approval is required to sewer through a private easement and must be obtained prior to final map recordation. 6. Access from Cape Aire Lane to the property is not available until the City accepts, by Council action, a previously rejected 1' barrier lot adjacent to, and parallel with, Cape Aire Lane. This Council acceptance is required prior to final map rocorda- tion. 7. All utilities installed as a part of any proposed construc- tion shall be completely underground. s . . - - ’ ’ 1711 George A. Conkwright Matich 11, 1976 Page 2 8. TentatiV8 map apprOva1 shall expire one (1) year from the date Of th8 final decision Of apprOVa1, If the final map has not been recorded. I recommend that the applicant secure a coastal commission permit before proceeding with the subdivision. Very truly yours, ‘ORIGINAC SIGNED BY ThWTHY C. FLANAGAN Tim Flanagan City Engineer TCF/RRc/sln