HomeMy WebLinkAboutMS 287; Kramer, Charles & Alice; 77-275100; Future Improvement Agreement/Release.” . . .-
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REf;i;iiiiJ ! idG REQUL:!YTED BY AND ]
W-!EI~~~ i!~COROED 1% I I- l-0:
) c I t. y of Ca r I si;ad
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REcOROEOREWESTOF
&s!.?.i5id. CITY GLERK
J~L I\ 9 20 ~~‘71
OF FICM. RECOfwf’ ~A~~I~~~tOllN'li'~CA1.IF. HARFEl' f. !%U0W QECCROEfi 1 NO FEE ._-_.-- _.--._ - --.-_.. _.______.- -.- __-. - -_.__ I -_.. -------‘~.-- ___.-___._ ----;-.---- e. SpL:ce above t/-l I s _.---I-‘I--- .--- ---.- I I nc ! or Recorder s
use
Ooc!m&~sfer&g : ‘$ No fee
--;-. .-----.--.-_ _I^. _-.. 5 I (: n-1 c II t-c of --. . ___1---.- -- -; ---------. .--_ dec 1 a ra n 1. de 1. e r ! c! I I-I : : I q ?:J *K- , - I’ 1 i‘:I’l l~la:llc
City e-F Carlstmd
, Parcel No. 214-140-12 I_-_-~_-I--L^_l_l.-_-l-- . .._.-.-_.- -_
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I: CM RAC-~ FOR FUTURE p I J B L 1 C 1 j,j\ F r-1 (-) 1; F: r-11 C 1.1 1 I.; __- _-.-.-._.-_.- - --L--.--.----~-----.-_. ._-___ _I_ ---.. _._-_
7-H is AG~~r!C~~~EN-l Is made by the City of Carlsbnd: a miit-iir,i~~al
COI iSal”S t 1011, t~ere;naFter refcrt-c:d to as “Ci ty”: and Charles J. Kramer
and Alice Y. Kramer , hereirmf-ter rerczrred to 2:: ’ ’ p ;- 0 p (2 ,-
t :’ Owrle I^.” c
R!-tCITAlS: - --._.__A
WHEREAS, Propcrt:y Caner has applied to City for a
Final Parcel Map, Number M.S. 287, Parcel 2, .
1-o I- tlie real property hereirdtel- described, now under P rope I- t y OXne i- ’ s
o\~~nc.rs t1 i p ; and
WHEREAS) it has been found that said property is not suitable
for development in ;I:5 present condition, ho~cver sa i d pi-Opel-ty wou 10’ Lc
s u i tab 1 c: fo I- deve 1 opnle nt i f certa i n pub 1 i c ixprovemcnts here i naff<:r
desc r i bed a t-e cot~s t ructc-cl and certa i n i I-t-evocable offer-s of ded i ca t: ior:
a I- e rnadr: to City ; and
WHEREAS, the Municipal Code of Ciry atid City Engineer's
letter dated July 9, 1976, .
ai~tacl?ed li.ei*eto arid i ncor-porated by rcfcre:xe ! I CC i--c’ i I-I I- e cl; 1. I i r t-? c e I- ? ;: i t I
iinj3rc~VenIents and dcd icat ions as ;I condition oIT approval of this
Final.Parcel Map ; and
Wt-lEREAS, Property Owner has requested said Final Parcel Map
be g ~*a 11 : c?d by C i t y i n adva nce of the t inle said irn~rovenicnts are to be
made ; and
’ WWEREAS, P rope I- i y G\irner, in cons iclc-1r-at. ion of the approw 1 of
(1) . . c3 77-30
. 22.32
said Final Parcel Map desires to enter i n t o 'L Is i s a g r e eme n t
secur i ncj the const ruct i 0’1 of sa id in.ti.~!-(‘vel-ilen1:c: , and C i ty has determi nt:c!
it to be in the pub1 ic interest to _ acjrcfe to tcmpora t-i ly pos1,pone said
*
const ruct ion;
NOW, ‘i-I-1EREF’ORE) IT I S AGREErj between the pa t-t i es hei-eto as
fO1 1 ows : .
Section 1. --- . . - ___- That Ci Ty agrees to record any irrevocable offers
of dec-ijca(: ion made by Proi;<2ri:y i3WI-iCtr for a Final Parcel Map,
Nymber M.S. 287, Parcel 2.
Section 2 ---- .-.-“.-..----..-.= That. Property Owner, in 1 ieu of making the herci n-
afler described improvements before approval of said Final Parcel Map
i s granted, agrees to i nsta 1 1 and c0ns.I: ruct , or cause to be instal led
or cons t rutted , sa id improvements in accordance with plans and sp,ecifi-
L. ca c I ons approved-by the City Engin eer ~!ithin 60 days after written
demand so to do by City. Property Owner shal 1 not be requi red to make
sa i d imp rovenent s before February 1, 1978 or w i t-hi n such fu rther pet-i od I
of time a5 is granted by City, provided, hc!e,ever, tha-t upon -t:be happening
of eitiier Of the fo!lo!tiing oCCuri'e;?cc:s said improvemctnts may, at ttie 5O?P
election of City, be requ i red .to be made sooner than sa id date or such
extcndt:cl period of time which may havc’been granted by City:
(a) \Nhen t.he City Counci 1 finds that the owners of ItOX or more
0 -f t 11 e f ronfaye, i nclud i ny the frontage of Property Owner, between inter-
sect i ng s t t-eel: s on bo!: 1.i sides of the street upon which the property herein
described has frontage, have agreed witi: Ciry to install street inlpl-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
here i n described Ijas frontage, have petit ioned the City to form an
i mp rovcmer~ t d i strict for the improvement 0-I’ said streets.
Said improvements shal 1 be m;!de withoc!t cost-‘qr expense to
City. City estimates that the cost of engineering. and’construction of
said improvemenls at the time of signing this contract is $89,580.00 .
P rope t-t y Owne r hereby acknowledges that said cost is a reasonable
est.imate 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
0)
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and covenal1t5 herci n contained,, ProperI-y Owticr liereby grants to Ci ‘ty a
1 i e n u p 0 1-1 t t-1 e h e r e i ns f t e I_ d e c; c I- i b c: d p’ r o p I: r t y in 1:he anount of $89,58O-Oq .
p 1 us any fu?:ure i nc t-cases o-f cost in excess of thi 5 sum result i ng From
i:2creased cnglneering and coristructiotn cosI:s, and in .the event Property
Ow n e r , his successors, heirs, sssigris, or transferees fail to install
and cor;st:i.l~ct said improvements in the ma.nncr and within the time speci-
f I erl he t-e i f-1 ? he sgrces ihat City my do any or all oT- the following:
(a) Have the necessary engineering for said improvements
d 0 t-t e ) arid i n,c,ta 1 1 and construct said improvements by contract or other-
Ii; I .; e * .C City or its contractor and his employees may enter upon any
port ion ot- port ions of the property reasonably n’ecessary for said
engineering and const-i-uction, arid the ent i i-e cost and expense stiat 1 be
charged against said property and payable by said Property Owner, his
successors, hei rs, .ass i gns , or transferees immediately upon co,npletion
of sa i d i mp rovement s . In the .ever,t same is not pa id wi phi I-I 30 days from
C Oni p 1 e t i 0 r-l , C i t y ma y foreclose said 1 ietj as provided by law for thi;7
foreclosure of mortr:ases,
(1~) Direct the City tng ineei- to est ima tc the cost of necessary
e.ng i nee r i ng , a n d t h c wo r k I- e q u i r e ci to in51.al 1 and construct said improve-
rnents, and .foreclose s;;id lien in said amount.
(c) Pursue any remedy, legal or equitable (including those
spec i f i cs 1 1 y refer red to he 1-e i n) , for the foreclosure of a 1 ien, and the
Property Owner, his successors, hei’rs, assigns, and transferees, shall
bc 1 iable for re3sonable attorney’s fees as a cost i n sa id proceed i ngs .
Sect ion 4. That it is agreed tha-t anytlli ng herein contained to
the cgntrary notwi thstandirig, the promises and covenants made herein shal 1
not be binding upon the holdet-s, n>ortgagees, or beneficiaries of any
purchase money mortgage or purchase money dc~cl of trust for value which ;
has been or may i11 the .future be e;ecuted by the Property Owner, his.
successors, heirs, assigns, or t ransfe*rces, 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 purchase money mortgage or
13t.i t-cha~e money deed of trust . The 1 i en hereby created sha 1.1 1 i kewi se be
of no force or effect against any owner whose title to the property hcre-
inafter described is acr~uired by or as a result of a foreclosure or
(3)
trustees’ sale of any such put-cttasc mot-key rnor1.gaqe or purchase money
deed of t t-crst,
S cc 1 i 0 fi 1; p -- 1----1 That at any t:inre ciurlng the period herein provided,
the Property Owner, his successors, heirs, assigns, 0 r t ra n s f e t-e e s ma y
deposit a cash bond or post a suret.y performance bond satisfactory to
the City to charge said surety with t-he cost of said improvements; the
amourlt of bond 1-o bc I-he estim3t:ed cos1: of engineer-i ng and improvements
at the time of such deposit or posting as ascertained by the City Engineer,
and .tha I: upon dcpos i t of sa id cash or post i ng of sa id bond the C i ty
agrees to release the proper-t-y, or any portion of if- as to which said
deposit: or post:ing applies, from the provi s ions of this agreement f and
to execute ariy necessary t-elease to enable t:he t-ecor-d t:it-le of the pro- *
perty to be t-elea,sed from tthe 1 ien herein imposed.
S ec .t i 0 ri 6 c - -.--_l_- Said City shall not, nor shall any of-l’iccr or
emp 1 oyoe thereof , be 1 idble or responsible for any accident, loss ot-
da:nage happen i ng br occut-t-ing to the work or improve,-qents specified in
1:hi s ac~recrneni: prior t:o the completion and accepl;anc:c of the same, nor
shall said Citly ,’ t-tar 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 shal 1 be assumed by said Property Owner, and
his successors,-heirs, assigns, and transfet-ees, and they shall save the
C i t’y harm1 ess 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 resu 1 ‘t .of sa id work or improvements. Said Pro-
pet-t:y Ownet-, and his successors, heirs, assigns, and transferees, furtlher
ajrees to protect said City and the officers and employees thereof from
all 1 iability or claim because of, ot- arising out: of, the use of any
patetlt: or patented article in the construction of said improvements.
SectionL __-_.-- It is furthet- agt-ccd that said Property Ownet- wi 1 I
aZ: al 1 times up to the comple.l:ion and acceptance of said work and im-
pt-ovenlent-s by the City, give good and adequate warnit1g to the travel ing
pub1 ic of any danget-ous or defective conditions of-pub1 ic property. T I-1 e
Property Owner hereby agrees to pay for such i nspec t ion 0.f itnprovenienl:s
as may be requi red by t-he City Engineer of City.
8._ Sect ion This agreement: and the covenants conta i t-ted herein
5 hn 1 1 be b i nd i net itpot a 1x1 i nlu t-c t i? t h r hQ n c f i I: 0 f 1 Ii c s I t cc c: s s 0 r s , 17 c i t-s ,
( 14 )
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assigns, and t ransferees of Property Owner, shall run with said real
property, and crca’;e an equitable servirude upon said real property.
Sect iOi-i 9. A description of the proberly referred t:o herein __..--
and upon which said 1 ien is imposed i s described as fol lows :
. M.S. 287, Parcel 2
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, State of California, according to Official Plat thereof,
described as follows: -
Beginning 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°40'20" West along the South line of said Section 21 a distance of 1243.54 feet to a point distant thereon South 89O40'20" East 119.00 feet from the Southeast corner of said La Costa Downs Unit No. 1; thence North OoOO'40" West parallel with the East line of La Costa Downs, 150.00 feet; thence South 89O40'20" East 75.00 feet; thence North OoOO'40" West 973.56 feet to the Southwest corner of land described in deed to Robert Kostolong, et al., recorded September 24, 1963 as Document No. 170422 of Official Records; thence along the Southerly line of said Kostolong, et al., land, South 89°40'20" East 1168.86 feet to the North South center line of sai.d Section 21; thence along said North South center line South OoOO'24" West 1124.13 feet to the POINT OF BEGINNING.
Excepting therefrom:
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, State 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 89040'20" West along the South line of said Section 21 a distance of 1243.54 feet to a point distant thereon South 89O40'20" 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 89o40'20" East 75.00 feet; thence North OoOO'40" West 140.40 feet; thence South 89°40'20" East 150.00 feet; thence South O"OO'40" East 290.40 feet to said South line; thence North 89O40'20" West 225.00 feet to the TRUE POINT OF BEGINNING.
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Section 10. The required improvements to be constructed and
the estimated costs thereof are as follows:
1. 2. 3.
4.
5.
6.
7.
8.
9.
,
,
Improvements M.S. 287, Parcel 2 Estimated Costs
Concrete Curb & Gutter, 1019 L-F- @ $4-00/L-F- $ 4,076. Concrete Sidewalk & Driveway ! 5,000. A.C. Paving & Base, 22,500 S.F. @ $0.65/S.~. 14,625. Street Lights, 5 ea. @ $1,100, ea. 5,500. Street Trees, 25 ea. @ $25 ea. 625. Storm drains, 18", 27", inlet, wing headwall & lug 5,028. Underground Power, 1019 L.F. @ $45/L.F. 45,855. Engineering, 10% 8,071. Soils Engineering 800.
TOTAL COST $ 89,580.
Dated: June 24, 1977
N /I
Transferee of portion of s"ai'd property WE CONSENT to and join in all the promises herein contained, and agree to said lien imposed
CITY OF CARLSBAD, a Municipal
STATE OF CALIFORNIA ) ) ss. .COUNTY OF SAN DI
On before me the undersigned, a * Notary Public in pe;sonally appeared Paul D. Bussey, known to me to b f 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 official seal.
APPROVED AS ~0 FORM:
City Attorney - ‘1
OFFICIAL SEAL
NORA K. GAROINER
NOTAR* PUBLIC - CAUF. \
PRINCIPAL OFFICE IN \ SAN UIEGO COUNTY
;, MY COMMISSION EXPIRES JAN. 2% 1980 \ \
d-~~~~.vz~zcz---~
(@Notarial acknowledgement of execution of owners must be attached).
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STATE OF CALIFORNIA
COUNTY OFAw
Jnly 1 1977 On
ss. 2xey7
before me,
the undersigned, a Notar Public in and for said County and State,
personally appeared d edore G. Schoppe
, known to me
to be the person.__ whose nam Pubscribed to the
within instrument and acknowledged that he executed the
same.
Notary Public in and for said CountYand State
DmALD~.LYNcH
STATE OF CALIFORNIA . COUNTY OF- ss.
On July 1: 1977 before me,
the undersigned, a Notary Public in and for said County and State,
personally appeared Charles J. Krm andAliceM. Kramer
, known to me
to be the person. S -whose name S - subscribed to the
within instrument and acknowledged that they executed the same.
Name
Notary Public in and for said Co
DomLDw.LYJzH
FOR NOTARY SEAL OR STAMP
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
DONALD W. LYNCH
NOTARY P2!3LIC - CALIFORNIA
PRINCIPAL OFFICE IN
>AN UlttiO ~U~II’ITY I
My Ccmmission E;pires April 28, 1978