HomeMy WebLinkAboutMS 287; Kramer, Charles & Alice; 77-275099; Future Improvement Agreement/ReleaseR E C !? R D I TJ G R I-‘() U E 5 T P II f; Y A !\1 D )
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C i t-y of Carl shad
, Parcel No. 214-140-12 -.---_----- _------.- .--. -- - .--..- ---- -__--__ -. _ -_-_ .__. -. _.-- ---.------_._--_ .--__---_.-----.-.---_.--__-_
CONTRACT FOR FUTURE PUBLIC INPi?,13L’Et4F-i~l-S Y-h--- _---__-___ --I. ---__I _____- .___,-__. -..-
Tti IS AGREEM.ENT i s mdde by the City of Carlsbad, a nt:-inicipai
eorporatiorl, itet-einai’ter I-efe~-I-ed to as “City”: and Charles J. Kramer
and Alice M. Kramer , h e r e i n.3 f -i- e r refel-i-e<‘? t0 3s “PI-OpCi-
t :I/ ChVilC? t ” ~
KEC i ‘IALS : - .---_-__-
WHEREAS, P t-o p e I- t y t&n e I- ha s a p p 1 i e tl i- 0 C i 1 y I’ 0 r S
Final Parcel Map, Number M.S. 287, Parcel 1, .
f o t.’ t he r ea 1 p t- o p e I* “i y h e r e i na f 1: e r d e c c r i bed , r-b GW u I? d e I- P r op t? t’ i: y C!w n (s t- ’ s
OWilC I-S I2 i p ; a rid
\,lHEREAS, i;l has been found that sG id pr-oprzt-ty is not SLii tZlj7C:
for deve? oprnen~ i n i ts present cond i t ion, however sa id proper!:): wou 1 cl be
su i tab1 e for- devel opn-len-1: if ccl-tain pub1 ic improvcnwnt5 !?C?i-~il-1,f!~~2t-
ciet;ct-i bed a r-e consl ru~~tecl and cet-t-a in i t-revocable o.IIiers of ded i G>II ion
Fi I-C.? nw de t o C i 1: y ; a nd
WHEREAS, the Mutii ci pa 1 Code of C i ty and City Engineer's '
letter dated July 9, 1976,
st-l3.%ed
said Final Parcel Map desi t-es to enter i n t o t II i 5 agreement
secu r i ng t he r,trnst rl1C.t i on of sa id improvements;, and C i ty t-as detcrmi nc.\l
i I- to be i II the put11 ic interest to agree to te,::porari ly postpone said
c 0 ri s 2: r ~1 c I: i 0 n ;
N ow , THEREFORE, IT‘ IS AGREED,L)ctwGen the parties hereto ss .-
f 0 1 1 ow s :
Section 1 v -e--M That Cit-y agrees to record any i rrevocahle offers
of dedication m-r,:Ic by Prop.er.i:y Owner for a Final Parcel Map,
Number M.S. 287, Parcel 1.
Sect ion 2. _- - -.-..-. -2 That Prop’erty Owner, i n 1 ieu of maki ng the hcrei n-
after descteibed improvements before approval of said Final Parcel Map
is granted, agrees to install and construct, or cause to be installed
ot- constructed, sa id improvements in accordance with plans and specifi--
cations approved by the City Engineer within 60 days after written
d ema nd so to do by City. Property Owner shal 1 not be requ i red to make
sa i d i nip rovement s before FebruarY 1 p 1978 or within such further period
of time as is .gt-anted by City, provic’ed, however, that upon the happeni ny
Gf fyi t;j,3\- <>[ the fo 1 1 ow i ng occu r rences said improvements may, at tf~e sole
election of City, be requ i red to be made SOOIICI- than sa id date or such
extended period of time which may have been granted by City:
(a) Nhcn the City Council finds Ihat t.i7e owners of kO% or mot-e
0 f t h f? -f i-0 n 1. ;3 9 e , including the frontage of Property Owner, between inter-
secting streets on both sides of the street upon which the properiy herei
described Ilas Frontage, have agreed with City to install street improve-
ments to City specirications.
(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 ,- ha1 1 be made without cost or expense to
City, City estimates that the cost of engineering and construction of
said improvements at the time of signi t-19 this contract is $18,626.00 .
Property Owner hcre,by acknowledges. that said cost is a reasonable
estimate of engineering and construction costs at this t.ime and that the . . .
actual cost of same at some time in the future may exceed this estimate.
&ect i on 3. That for the. fa ithl’ul performance of .the promi ses
(2)
a rid cvvcnsnts herein con.l:a ined, Property Owner hcrcby gr-ants to City a
1 i e n upon Z he 11 c I. c’ i ria f t c r de s c i- i bed (3 rope r t‘ y i 17 the amount: of $18,626-. 0q
p 1 u s a n y f u -1. IJ r’ c increases OF cost in excess of this sum’resuItino from
i nc rca sed eng i nee r i r:g and cons t ruct i on costs , and in the event Propert:y
O*wner, his successors, hei t-s, assigns,. or t: ransfer2es fa i 1 to insta 11
and consi:ruct said improvements in the.manner and wit-hin C-he time speci-
f ied hct-ei n, hc) agrees that City may do any or all of the following:
(a) tlave the necessary engineering for sa i cl i mp rovcments
done, and instal 1 and consi:r-ucl: said improvements by contract or ol.hcr-
wise. City or Its contractor and his employees may enter upon any
porlzion or portions of the property reasonably necessary for said
cng i neer i nq arnd const ruct ion, and t-he ent. ire cost and expense sha 11 be .
c ha rged a ya i nsi: seaid property and payable by said Property Owner, llis
successors, tiei r’s, ass i gns, or transferees immediately upon complet-ion
of said improvernellts. In i:he even: same is not paid within 30 days front
camp 1 el: ion, City may foreclose said 1 ien as provided by law for the
forec 1 OSIJ re of rr!o!-t-c_;;:g(-:s *
(L)) pi r-eci: the City Engineer to cst imate the cost of neccssa t-y
en3 i neer i ng, and tfhe work t-eyu i red to i nsta 11 and construct said improve*-
ment s , and foreclose said lien in said amount.
(c) Pursue any t-cmedy , legal or equitable (including those
specifical ly referred to herein), for the foreclosure of a lien, and the
Property Owner, his successors, heirs, assigns, and transferees, shall
be ; iable for reasot:able atto;-ney’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 shal I
not: be binding upon the holders, mot-l:gagees, or beneficiaries of any
pu I-chase. money mortgage or purchase money deed of trust for value which
h&s been or may in the .future be executed by the Prope.vt:y 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 1 ien to the 1 ien of any such ‘purchask money mortgage or
pu rchasc money deed of trust. The lien hereby created shall 1 ikewise be
of no force or &fuc.t against any owner whose ?-ii-le to the property here-
inaftur described is acquired by er as a rcsu 1 t of a foreclosu 1-e or
W
t t-ustees’ sale of any such pu l-chase money mortgage or purchase money
deed of trust.
Sect ion 5+ _-___--- That at any time d,uring 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 pii th the cost of said improvements; t’he
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 tha t upon depos i t of said cash or posting of said.bond the City
agrees tc 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- .
pert-y to be relea,sed fro:m the 1 ien herein imposed.
Section 6 --.------*2 Said City chall not, nor shall any officer ot-
emplcyee thereof, be 1 i;:illc- or ~responsible for any accident, loss or
da ci;a g e ha p p e n i n g b r occurring to the work or improve.:Ients specified in
thi 5 agreement prior t-o the completion and acceptance of the same, nor
shali said City ,’ nor any officer or employee thereof, be 1 iable for
a ny r:e~-5~13s or pro;r;~tt-t\~ injured by r.zason of said work or improvements,
but- a 11 of said liabi 1 ities shall be assumed by said Property bwner, and
h i s successors, I2 e i 1-5 , assigns, and transferees, and they shsl 1 save the
Cit\~ I?,3 1-R 1 C? 5 S f I-OTil , and i ndemni f>i the City against, any and al 1 claims,
suits and liabilities of or lo a~)’ person or property injured or claim-
i ng to be injured as a result of said bfork or impt-o\fe!r;ents. Said ?ro-
pcrty O;.Jnel-, and his ~ucc.?_?soi-s, hei i-s, assigns, and transferees, further
&<;I-ees to protect said City and the officers and einployees thereof f ram
all 1 isbi i i ty or claim because of, or arising out of, the Iuse of any
pate~lt or patented article in the const roct i on of sa id i,xprovement s.
Section 7. -._- I-I--- It is further agreed that said PI-operty Oxnet- wi 1 i
at all times up td the completion and acceptance sf said work and im-
prove~~~ents by the City, give good and adequate wa rni ng to the travel i ng
pub1 ic of s:?y dangerous or defxt ive condi t.ions of ‘pub1 ic property. The
PI-op~?l-ty O\:‘iler ll~l‘~!~) arji-t?eS to pay for such i nspecr ion of improvements
5 S ii-l,3 y be requi red by tllc C i ty Engineer of C i ty.
Sect ion 8. Th i s ag reeiI -lent and the covenants conta i ned herein
5 Ilo> 1 1 I)c I> i nd i nci t!pr?n a rid i nu 1-0 to the hi>llcfit‘ of t-he Successors, hei 1-5,
( Ii )
. .
‘-
iyn:, and t rc?nsf’et-ecs of Proper-t-y Owt.tcr, st-ia 11 rctr! with 5a i d t-ea 1
-property, and crcatc? an equi t3t3le servitudct upon said real pr-opcrt-y.
SCC 1. i Oi’! 9 D -_.._-*----- Ii descripi.ion of the propet-i.Y rc;f”er-red to herein
and upon wh i ch :;a id 1 ien i s imposed is dcscribed as -To1 lows:
. M.S. 287, Parcel 1
A parcel of land being a portion of the West half of Fractional
Section 21, Township 12 South, Range 4 West, San Bernardino Meridian; in
the County of San Diego, St.ate of California, according to-official Plat
thereof, described as follows:
Commencing at the South Quarter corner of said Section 21, as
shown on La Costa Downs Map No. 2013 on file in the office of the County
Recorder of said County; thence North 89°40v20" West along the South line
of said Section 21 a distance of 1243.54 feet to a point distant thereon
South 89°40'20" East 119.00 feet from the Southeast corner of said La Costa
Downs Unit No. 1, being the TRUE POINT OF BEGINNING; thence North O"OO'40"
West parallel with the East line of La Costa Downs, 150.00 feet: thence
South 89040'20" East 75.00 feet; thence North O"OO~40" West 140.40 feet;
thence South 89.040'2011 East 150.00 feet; thence South O"OO'40" East 290.40 ~
feet to said South line; thence North 89040'20" West 225..00 feet to the
TRUE POINT OF BEGINXING.
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(5)
the
1. Concrete curb & Gutter, 225 L.F. @ $4.00/L.F.
2. Concrete Sidewalk & Driveway, ,
3. A.C. Paving & Base, 5063 S.F. @ $0.65/S.F.
4. Street Lights, 1 ea. @ $llOO.pO ea. 5. Street Trees, 5 ea. @ $25.00 ea.
6.
7.
Underground Power, 225 L.F. @ $45.0Ofi.F. Engineering, 10%
8. Soils Engineering
Section 10. The required improvements to be constructed and
estimated costs thereof are as follows:
Improvements M. S. 287, Parcel 1 Estimated Costs
$ 900.00 1,210.oo 3,291.oo 1,100.00 125.00 10,125.OO 1,675.OO
200.00
Dated: June 24, 1977
TOTAL COST $18,626.00
CITY OF CARLSBAD, a Municipal
STATE OF CALIFORNIA )
Corporation of the State of California,
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:
City Attorney _ c. '
NORA K. GARDINER
NOTARY PuBLtC - CALIF.
NCIPAL OFFICE IN )
(Notarial acknowledgement of execution of owners must be attached).
-6-
STATE OF CALIFORNI4 22x30
COUNTY OF- San Dxqo ss.
on July 1, 1977 ’ before me,
the undersigned, a Notary Public in and for said County and State,
personally appeared Charles J. Kramer
and Alice M. Kramer
, known to me
to be the pers0n.S whose namg e subscribed to the
within instrument and acknowledged that aw executed the
same.
Notary Public in and for said 6&y and State
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
DONALD W. LYNCH
NOTARY PUBLIC - CALIFORNIA
PRlNClPAL OFFICE IN
SAN 0iEGO COUNTY I I
\ My Commission Expires April 28, 1978