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HomeMy WebLinkAboutMS 279; Grosse, Russell & Mary; 76-193418; Future Improvement Agreement/Release. < L ; RECORDING REQUESTED BY AND ,WHEN RECORDED MAIL TO: 1182 City Engineer City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 76”193418 FILEIFAQC HO* 81 otdr-- RcQowD 0 mu f Qf e @v@ jj$Jhhd Ju# 22 10 09 !!!I ‘16 QFFICILLRECUW~~ bAN fl!EOQ COUNTY4CALlF~ HARLEY F,BIQ~M FiECOWOER CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS MO FEE THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as "City", and Russell W. Grosse and Mary E. Grosse, hereinafter referred to as "Property Owner". Parcel No . 209-040-10 RECITALS: WHEREAS, Property Owner has applied to City for approval of a minor subdivision map #279 for the real property hereinafter dencribed, now under Property Owner's ownership; and WHEREAS, it has-been found that said property is not suitable .- for development in its present conditicn, 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 the City; and WHEREAS, by Planning Commission Resolution No. 1246 adopted by the Planning Commission of the City of Carlsbad on May 12, 1976, a variance from existing municipal standards for minor subdivision map was granted to Property Owner, a copy of which resolution is attached hereto, marked Exhibit "A" and made a part hereof by refer- ence, and WHEREAS, said resolution sets forth dedications and improvements which are to be required; and WHEREAS, Property Owner has requested said minor subdivision ----- -.. .--. - ‘. * ’ . I - (. ,’ . 1183 map be approved by the City in advance of the time said improvements are to be made; and WHEREAS, Property Owner , in consideration of the approval of said minor subdivision map desires to enter into this agreement secur- ing 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 the minor subdivision map, referred to herein, shall contain thereon certain offers of dedication for streets and utilities as shall be approved by the City Engineer. Said dedications shall consist of the following: (a) A 100' right of way and a 40' slope easement across the northeast corner of the subject property to be used as a secondary arterial. Any difference,in area between the proposed and utilized righ?of way shall be vacated to the Owner. (b) A 15' right of way for sewer purposes to be located along Sunny Creek Road. (cl 40' road and utility rights of way which are internal within the minor subdivision. Section 2. That Property Owner, in lieu of making the herein- after described improvements before the approval of said minor sub- division map is granted, agrees to install and construct, or cause to be installed or constructed, said improvements in accordance with plans and specifications annroved by the City Engineer within 60 days after written demand by the City to do so. The Property Owner shall not be required to make the irn:lrovements to tho 40' road and utility rights Of way unki.!. afL:!r 7 ;.vc pars fro3 .i:I,c ~LAx2 kha l,i.i::3k 2ubdivision --..- ___-. .~~ - ~_.._ - 1184 - map is signed by the City Engineer or until afLe:r the secondary arterial roadway, referred to in Section l(a), above, has been extended to the sub- ject property, whichever event occurs first, or within such future period of time as is approved by the City. In addition to the foregoing, Property Orirner agrees to improve that h certain right of way commonly referred to as “Sunny Creek Road", a map of which is attached hereto marked Exhibit "B" and made a part hereof by reference. Said improvements shall be 20' in width and shall be in ac- cordance with plans and specifications approved by the City Engineer. Property Owner shall not be required to make said improvements before five years from the date the minor subdivision map is signed by the City Engin- eer and then only upon sixty (60) days written notice from the City Engin- eer to proceed with the improvements. In the event said secondary arter- ial roadway has been extended to the parcel prior to the time the Property Owner is required to make the improvements set forth in this paragraph, Property Owner shall be relieved from any and all responsibility of making any-such improvements'to "Sunny Creek Road". A - All improvements herein.described shall be made without cost or expense to City. City estimates that the cost of engineering and construc- tion of said improvements at the time of signing this contract is as indi- cated in Section 10 of this agreement. 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, plus any future increases of cost in excess of this sum resulting from increased engineering and construction costs, and in the event Property 118; Owner, his successors, heirs, assigns, or transferees fail to install and construct said improvements in the manner and within the time specified herein, he agrees that City may ado any or all of the fol- lowing: (a) Have th e necessary engineering for said improvements done, and install and construct said improvements by contract or otherwise. 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 suc- cessors, heirs, assigns, or transferees immediately upon comple- t+on 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 ecstimate the cost of neces? sary engineering, and the work required to install and construct said jmprovements, and foreclose said lien in said amount. (cl 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. Section 4. That it is agreed that anything herein contained to the contrary notwithstanding, the promises and covenants made here- in shall not be binding upon the holders, mortgagees, or beneficiaries of any purchase money mortgage or purchase money deed of trust for value which has been or may in the future be executed by the Proper- I ,----- ‘- 9. * * <*, .’ * . :. ( 1186 ty Owner, his successors, heirs, assi<:.L, L: zr~~~ferees, a& *a lien hereby created shall be and is hereby subordinated to and de- clared to be inferior 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 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, his successors, heirs, assigns, or transferees may deposit a cash bond or post a surety performance bond satisfac- tory to the City to charge said surety with the cost of said improve- ments; 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 ofzit as to which said deposit or posting applies, from the provi- . sions of this agreement, and to execute any necessary release to' enable the record title of the property to be released from the lien herein.imposed. Section 6. Said City shall not, nor shall any officer or em- ployee 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 liable for any persons or property injured by reason of said work or improve- ments, 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, 1187 any and all claims, suits and liabilities of or to any person or property injured or claiming to be injured as a result of said work or improvements. Said Property 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 be- cause 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 acceptance of said work and inprovements by the City, give good and adequate warning to the travel- ing public of any dangerous or defective conditions of public property. The Property Owner hereby agrees to pay for such inspection of improve- ments as may be required by the City Engineer. S.ection 8. This agreement and the covenants contained herein shall be binding upon-and,inure to the benefit of the successors, heir's, assigns, and transferees of Property said real property, and create an equitable property. Owner, shall run with servitude upon said real Section 9. A description of the property referred to herein and upon which said lien is imposed is described in Exhibit C, which is attached hereto and made a part hereof by reference. I ‘. . . . c, ’ I ,. - . * 1188 Section 10. The required improvements to be constructed and the estimated costs thereof are as follows: Improvements Estimated Costs "40' roadway and utility rights of way" 3 . Roadway preparation (57,120 sq. ft) $ 5,712.OO . 2. 6" base & 2" AC paving (114,240 sq. ft) 35,367.60 3. Engineering and Contingencies 5,253.OO "Sunny Creek Road" TOTAL $46,332.60 1. Roadway preparation (106,000 sq ft) $10,600.00 2. 6" Base & 2" AC Paving(l06,OOO Sq ft) 40,140.00 3. Engineering and Contingencies 6,437.OO TOTAL $57,177.00 In the event of a Transfer of Ownership of one or more of the proposed parcels which will be created by the recording of minor subdivision map #279, which map shall be recorded con- currently with this agreement, the lien created hereby shall apply proportionately in accordance with the following schedule: Parcel 1' (40' Roadway - $9,418.00 . . (Sunny Creek-Rd. - $6,685.00 Parcel 2 (40" Roadway - $8,925.00 (Sunny Creek Rd. - $9,820.00 Parcel 3 (40' Roadway - $20,328.00 (Sunny Creek Rd. - $38,225.00 Parcel 4 (40' Roadway - $6,766.60 (Sunny Creek Rd. - $3,342.00 4eg.76 P&d L//y/r& Property Owner Date / PropertvOwz&r cr6te' Corporation California - TITLE INSURANCE AND TRUST TO IS44 CA (8.74, (Individual) STATE OF CALIFORNIA . COUNTYOF San D~eao On June 14, 1976 t before me, the undersigned, a Notary Public in and for said State, personally appeared Russell W. Grosse and Mary E. Grosse , z : Y , known to md 0. to be the person S whose name&%%??--subscribed 2 to the within instrument and acknowledged that they In executed the same. WITNESS my hand and official seal. Signature -mm>mE~ OFFICIAL SERL Ct3RES F. BROWtJ hOTAh. PULLIC CALIFORNIA RINCI:AL OFFICE I;. SAN DIEGD COtJNTY Exwm JAN. a, 1977 &~~~TuT&~~7~~Jp (This area for official notarial seal) l 3190 c *c . . *s ‘. .-._ STATE OF CALIFORNIA ) ~~~~.~~~~,I~~~~ , before me the undersigned, a Notary Public Sate, personally appeared Paul D. Bussey, known to me to b the City Manager of the City of Carlsbad, a municipal corporation 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. offic.!al seal. Notary Publi APPROVED AS TO FORM Vincent F.@' City Attorney (Notarial acknowledgement of execution e**CZEZC&CC-- OFFICIAL SEAL 3 ! NORA K. GARDINER PRINCIPAL OFFICE IN i NOfARV PU&lc - CALIF, g7 * ‘--&id DIEGO COUNTY i MY COMMISStON EXPIRES JAN- 2% 1960 \ \ ea--a*aa.ccz---- of owners must be attached.) . A . a - .- . -.- % . : . ._, ‘.. . 1. - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 22 24 25 26 27 28 29 30 31 32 I E)+lIBIT x 1191 ied WHEREAS, said verified application constitutes a request as provided by Title 21 of the "Carlsbad Municipal Code"; and WHEREAS, the public hearing was held at the time and in the place specif in said notice on October 29, 1975; and WHEREAS, the applicant has complied with the Public Facility Policy of the City of Carlsbad and has provided the necessary information which insures Public Facilities will be available and current with need; and PLANNING COMMISSION RESOLUTION NO. 1202 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE FOR THE PURPOSE OF SUBDIVIDING AN EXISTING NONCONFORMING LOT NOT FRONTING UPON A PUBLICLY DEDICATED EASEMENT ACCEPTED BY THE CITY ENGINEER INTO FOUR SUCH NON- CONFORMING LOTS ON PROPERTY LOCATED ON THE NORTH & SOUTH SIDES OF SUNNY CREEK ROAD EAST OF EL CAMINO REAL CASE NO.: V-25 5 APPLICANT: RUSSELL W. GROSSE WHEREAS, a verified application for a certain property, to wit: All that portion of lot B of Ranch0 SAgua Hedionda, in the City of Carlsbad, County of San Dieqo, State of California, according to Map thereof No. 823, filed ‘in the office of the Recorder of said County, November 16, 1896 and further described on file at the City of Carlsbad Planning Department has been filed with the City of Carlsbad and referred to the Planning Comm ission and WHEREAS, the subject application has complied with the requirements of the City of Carlsbad "Environmental Protection Ordinance of 1972" in that an Environmental Impact Statement was prepared for the project and based on the statement and a site inspection, a negative declaration was issued for the following reasons: 1) The project entails no major damage in the existing natural environment; it attempts to maintain it. 2) The project proposes minimal public facility improvements and service requirements. WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments , if any, of all persons who desired to be heard, said Commission considered all factors relating to the Variance and found the following facts and reasons to exist: . 1 2 9 . 4 F CI e ‘i I 5 1C 11 1: 1: 14 If 1E 1s 1E 15 2c 21 2: 2: 24 2: 2e 27 25 29 3c 31 32 i i I 3 3 1 I - > , 5 c i j I 3 3 1 ! > l I L i i I 1 I b ! -a I 1192 -4 c (1) It is in the City's interest to permit low-density residential development which retains the natural .terrain and landscaping of I' the project site; (2) The exceptional or extraordinary circumstances or conditions applicable to this property that do not apply generally to the other property or class of use in the same vicinity and zone are: (a) There is no possibility at this time that the City of Carlsbad can provide any street, water, or sewer service to this property since it is bounded on the north, east and west by County * property. (b) The project site is unique in having a large number of mature trees, and in having .a steep cliff along its southern boundary. (3) This variance is necessary for 'the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question because: (a) Most of the property in the vicinity is under the County's jurisdiction, and the parcel split requested would be granted by the County without the stringent requirements of the City. (4) The granting of this variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the same vicinity and zone in which the subject property is located because: (a) The character of the property in the area is rural and the pro- posed project will maintain this character. (5) The granting of this variance will not adversely affect the compre- hensive General Plan because: (a) The density and lot size of the parcel map is well within the comprehensive General Plan and the property does not affect in any way any current forseeable roadway system. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the above recitations are true and correct. B) That a Variance for the purpose of subdividing an existing non- conforming lot not fronting'upon a publicly d accepted by the City Engineer into four such on property located on the north and south s i Road east of El Camino Real, be approved and following conditions: edicated easement nonconforming lots des of Sunny Creek is subject to the (1) The approval is granted for the land d e application and any attachments thereto dated 9-12-75. scribed in the and as shown in Exhibit A (2) Prior to filing a parcel map to subdivide the property, the applicant shall apply for a change of zone to R-A-3.5 acres. (3) Improvement plans for the project shall include the provision of direct water service to all lots. -2- . . w. : . ** a . . 4 -v . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 - ,- \ 1193 (4) The location of fire hydrants and their fire flow shall be approved by the Fire Chief prior to approval of a parcel map. (5) As a condition of the required tentative parcel map, the sub- divider or his successors in interest shall: a> b) c> d) 4 Agree not to oppose the formation of the proposed College- Cannon Improvement District; Offer to dedicate a 100 foot right-of-way plus approved construction slope easement to match as best as possible, the route of the secondary arterial proposed to intersect the northeast corner of the parcel - any difference in area between proposed and utilized right-of-way shall be vacated to the owner. Offer to dedicate a 15 foot wide sanitary sewer easement along Sunny Creek Road within the subdivision boundary, as approved by the City Engineer. Execute a lien contract for future construction of a 20 foot wide paved road from the proposed lots to El Camino Real to be fulfilled if the aforementioned secondary arterial has not been installed within five years. Subdivide the parcel so that each lot has direct access to the aforementioned secondary arterial or to a dedicated or private improved residential street connected to that arterial. Said residential street shall meet the standards of the City's Rural Development Ordinance. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad planning Commission held on October 29, 1975, by the following vote, to wit: AYES: Commissioners Watson, L'Heureux, Larson, Packard, Fikes Jose NOES: None ABSENT: Commissioner Dominquez iTTEST: -3- . I L I I I i I I I I I if I I I I --. ~.. ‘;p II -> .-. :i \ -. -. -. ! ‘_ -., \ =.a c I 2 1. ‘1‘ ” /’ 1; 4 ,,O /I _-- .-~Z=$, 5i’ ,~, N /I JfOSa /I ,;’ ~ .\\_ (; +yl’ I j.~, / n-.* 1) *\ /I -I\ ‘.. *’ I/ /I I/ ‘/’ ::, ,’ I ‘.* h c_ / -. / I -I /’ . . /$ Coxey“ * /# Hill I / /I .<? i__ N n , .-‘yF~>& -- ‘r- _ .,’ I ’ j; ,~ 4 ‘// ‘2 /I N “,/_-4 ,p -.-. I$ ,, .-, ;; ’ /‘ I ‘./ D I “A //_’ , ,’ .; :;;,,*i 6’ .’ J& yp-j -r i’ ,=-I’ >* ,’ / I.‘,( _. ,‘;j-;, L_ ,j&“, ’ L~i’J !, x. ‘1, Sprixg ,y 3 ! L /i’ i Well ;,;,/ / 1:: I .yz;m;.z; ,r- 1-- ,.=_ 1 ~~l~~~‘.: ,\,_i-------~,~-,r ) “ s _:-- ._--- OM!!!. -jl : > 32A F.gy- _.;----. .- ROAD CLASSIFICATION Heavy-duty Light duty Metilum-duty _ _ _ Unimproved dirt -. i,i Interstate Route 0 State Route CALIF SAN LUIS REY, CALIF. QUADRANGLE LOCATION NE/4 OCEANSIDE 15’ QUADRANGLE N3307.5-W117151’7.5 )242 1968 EXHIBIT El ENClNli-AS B MI 10’ 1194 ‘669 AMS 1550 III NE-SERIES V895 . ? . . . L * 1195 LEGAL DESCRIP-i-ION GROSSS ALL THAT PORTION OF LOT B OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA? ACCORDING TO MAP THEREOF NO. 8239 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIECO COUNTY, NOVEMBER 16,1896, DESCRIBED AS FOLLOWS 1 COMMENCING AT THE CORNER OF LOTS C AND D ON THE NORTHERLY BOUNGARY L:&'E OF SAID LOT BI THENCE SOUTH ZOO19 WEST 22730 70 FEET8 THENCE SOUTH 20031’30” WEST 553.95 FEET -553.20 FEET, RECORD- TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO PALOMAR VISTA, LTD., RECORDED JUNE 15, 1961 AS DOCUMENT NO. 103235 OF OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING& THENCE NORTH 89057’EAST 996.45 FEETi THENCE SOUTH 10°28’ WESS 1905949 FEETI THENCE NORTH 79*32’00” WEST 150 FEET: THENCE NORTHERLY’IN A STRAIGHT LINE TO THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO K.E. EBRIGHT, ET UXs RECORDED FEB8UABRY 18:, 1966 AS DOCUMENT NO@ 29332 OF OFFICIAL RECORDS1 THENCE ALONG THE EASTERLY AND NORTHEASTERLY BOUNDARY OF SAID EBRIGHTCS LAND NORTH 10°28’OO” EAST 448.26 FEET.AND NORTH 59O58’30” WEST 660,98 FEET TO THE EASTERLY BOUNDARY OF LAND DESCRIBED IN DEED TO ETHEL.Mo WILSONe RECORDED JUNE 23, 1958 IN BOOK 7134, PAGE 290 OF OFFICIAL RECORDS1 THENC E ALONG T.YE EASTERLY AND NORTHERLY BOUNDARY OF SAID WILSON’S LAND NORTH 20°31’30” EAST 535~71 FEET To THE NORTHEASTERLY CORNER THEREOFJ THENCE SOUTH 89*57’ WEST 324 FEET TO A LINE WHICH BEAR5 SOUTH 2OO31’30” #EST FROM THE TRUE POINT OF BEGINNING8 THENCE NORTH 20*31’30” EAST 390 FEET To THE- TRUE POINT OF BEGINNINGo EXI-i IBIT c"