HomeMy WebLinkAboutMS 281; Hughes, Joel & Dorothy; 76-235625; Future Improvement Agreement/ReleaseWHEN RECORDED MAIL TO:
FILZRGF 1OOK iF= R~ooRolio RIQUef#u OF
. City of Carlsbad “Ucrrv c@@
1200 Elm Avenue 1 Carl sbad, CA 92008
1
JUL 26 9 3~ jr4 ‘76
O~PICIAI. meRg$
1 SAN l?m;;, COb1)_17Y, crj.i/,
-- > Space-shove th i s
“A;&$ ugw
1 ine for Recorder’s ‘:-
$No fee NO FEE
--z---z----~---
f i t-m name
etermr n I ng tax-
City of Carlsbad
Pa rce 1 No. 205 - 220 - 44
CONTRACT FOR FUTURE PUBLIC iMPROVEMENTS -I--~
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and JoeI c. Hughes
and Dorothy F. Hughes , hereinafter referred to as “Proper-
ty Owner”..
REC I TALS: ---
WHEREAS, Property Owner’ has appl ied to City for a Parcel Map
Minor Subdivision No. 281, Highland Drive and Magnolia Avenue
:or tile rea; property I,ereiinafter described, now tiiide::- Property Ctit-ler’s
ownership; and .e
WHEREAS, it has been found that said property is not suitable
for development in its present condit ion, 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 City Engineer's
Tentative Map approval, letter dated May 4, 1976
attached hereto and incorporated by reference herein require certain
improvements and dedications as a condition of approval of this Minor
Subdivision approval ; and
WHEREAS, Property Owner has requested said Minor
Subdivision approval
be granted by City in advance of the t imc said improvements are to bc
made; and
’ WHEREAS, Property Owner, in consideration of the approval of
0)
i
.
- '31 .
said Minor Subdivision desi t-es 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. That City agrees to record any irrevocable offers
of dedication made by Property Owner for approval of said
Minor Subdivision
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 install 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 shal 1 not be requi red to make
said improvements before September 1, 1g770r within such further period
of time as is granted by City, provided, however, that upon the happenirlg
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: I
(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 ; , nsta 11 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 petit 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 that the cost of engineering and construction of
said improvements at the time of signing this contract is $8,583.90 .
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.
3. Section That for the faithful performance of the promises
(2)
and covenants here in conta
232
ned, Property Owner hereby grants to City a
Y
plus any future increases of cost in excess of this sum resulting from
increased engineering and construction costs, and in the event Pt-opert
install
ime spec
Owner, his successors, heirs, assigns, or transferees fail to
and construct sa.id improvements in the manner and within the t i-
lien upon the hereinafter described property in the amount of $8,583.90,
fied here
done, and
in, he agrees that City may do any or al of the following:
(a) Have the necessary engineering for said improvements
instal 1 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
engirlc?ring 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 completi,on
of said improvements. In the event same is not paid within 30 days from
camp 1 et i on, 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 transf,erees, 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 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 hereby subordinated to and declared 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 shal 1 likewise be
of no force or effect against any owner whosc’title to the property here-
inafter described is acquired by or as a result of a foreclosure or
(3)
- 233
trustees’ sale of.any such purchase money mortgage or
deed of trust,
Sect ion 5, That at any time during the per iod herein prov ided,
purchase money
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 port ion 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 Ow&r, 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 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 inspect ion of improvements
as may be required by the City Engineer of City.
Sect ion 6. This agrkemcnt and the covenants con.ta i ned herci n
shall be bindins upon and inure to the benefit of the successors, heirs, (4)
-
*- -
c - 234
assigns, and transferees of Property Owner, shall run with said real
property, and create an equitable servitude lIpon said real property.
Sect ion 9. A description of the property referred to herein
and upon which said 1 ien is imposed is described as follows:
That portion of Tract 245 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 point of intersection of the Easterly ROW line
of Highland Street, now known as Highland Drive, with the Northerly ROW
line of Magnolia Avenue; thence North 28O 39' 00" West along said
Easterly line of Highland Street, 135.00 feet to a point; thence North
610 21' 00" East along a line parallel with the said northerly line of
Magnolia Avenue 162.00 feet to a point; thence South 280 39' 00" East
along a line parallel with the easterly line of Highland Street, 135.00
feet to the northerly line of Magnolia Avenue: thence South 61° 21' 00"
West along the northerly line of Magnolia Avenue, 162.00 feet to the
point of beginning.
X
X
X
X
X
X
X
X
X
X
X
X
X
* ‘ - ,’ ,- * .
Section 10. The required improvements
estimated costs thereof are as follows:
Improvements Highland Street
1. Engineering & Contingencies (15%)
2. Street trees (4 @ $25.00 each)
3. Curb & gutter (135.00' @ $3.30 per
4. 4" P.C.C sidewalk (135.00' @ $4.75
235 -
to be constructed and the
Estimated Costs
$ 1,119.65
100.00
lin.ft.) 472.50
per lin'.ft) 641.25
5. Paving (135.00' x 18' @ .35 sq.ft.) 850.50
6. Undergrounding utilities & installation of 5,400.oo street light (135.00' @ $40.00 per ft.)
Dated: TOTAL COST $ 8,583.90
NOTE: These improvement costs only
affect the proposed lot fronting
on Highland Street, as described
by legal description given in
Section 9 of this document
CITY OF CARLSBAD, a Municipal the State of
STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO )
On J-~fw)/aa, /976 I 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 corporation of the State of California, known to me to be the person who executed the within instrument on behalf of said minicipal corporation, and acknowledged to me that such City of Carlsbad, California, executed the same.
WITNESS my hand and official seal. #
APPROVED AS TO FORM:
.
---zccIc~c
OFFICIAL SEAL ? NORA K. GARDtNER NoTARv WILIC -CAL@ !
PRMlf’AL OFFICE 1N )
SAN DIEGO COUNTY ‘-*.kc”MfzSzN EXPIRES JAN. 29, 1980
--------- t
(Notarial acknowledgement of execution of owners must be attached).
(6)
TO 1.-l CA (4.75)
(Individual) 236 4JNDTR”ST TITLE INSURANCE
STATE OF CALIFORNIA .
COUNTY OF %ti Di ‘370 >
ATICOR COMPANY SS.
Oft JULY a1 . 1476 before me, the undersigned, a Notary Public in and for said
State, personally appeared &FL c. I-4 L) G-t-Hz I%-UD oga* et,
F. k\)u&UM I >
to be the person _ & whose name subscribed 4 $?t?
to the within instrument and acknowledged that executed the same.
Name (Typed or Printed)
. known to me
JAblES M. CXONNOR i
I z OFFiClAL SEAL
= = = E = c
g
NOTARY PU5LICCALIFORNIA t
PRINCIPAL OFFICE IN E
SAN DIEGO COUNTY a
i My Commission Fxp~res Ccc. 20, 1977 z ~lltllllllllllllllllli,,,,,,,,,,,,,~,,,,,,~,,~,,,,,~~,~:,,,,,,,,,,,,~,,,,,,,~,~,~,~~~~~~~,~~,~,,l,,,l,~lllllllll~
(This area for ofltcial notarial Cal)