HomeMy WebLinkAboutMS 291; Sanchez, Geronimo & Emilia; 77-232982; Future Improvement Agreement/Release6 “. 5 ’ ,il I . , A.
I
i 248
.
RECOF~~D IIIII; kitCjf,JESl’EO BY AID ) f%bi&dd tW7’ CLERff
‘;;I t I C Id H E I: 0 1’. LI E 13 I$! I L T 0 : 1
1 JUN IJ 9 13w17
. . c ; I I’ 0 r c Cl r 1 5: ba cl OFFJCJAL RECORDS 1 % lj i! E It-n Avr:t7!.te SAM OlEGln JX.WNTY,CA~JF.
cc1 I- 1 shad , CA 97.008
;
HARLELF.mJmi RECORDEfi .
1
i ..I....-.----_____I-_ .__. ---.-..-____- __-._. -_--- _--_ ---*--- s pa (1, (2 a hove ----------’ -----;- ---- --.- --.- __ --.- _--- __._ t111 s i i nc: lor rkf:or-h-1 s NO FEE use .
Documnfa ry f rnnsfer tax: $No fee
-_._ #!wLE ---.-__----- ------ - -...1-- y----.i_ S iCjtli3til:~tZ Of deCI23l~~t~t dt2l:C?~-lIcl r-liilg tax,-
f i t-n-: n;i~:-te
City of Cat-lsbad
Pa rce I No v 156-230-39 ---.-- -_.-- - .-_- -- -._. -.I___- _____-
--.-P__-- --I_ -____-._._. _._.. _____-__l__l__-.-__--- -I---_ -__--_I_-c-l_---
C 0 fii.1’ R.4 C -I’ f- 0 R F CJ T U R E P U 6 L. I C ! I4 P R 0 ii E I.? E i,4 T S .------------.-- - _.._ ---.-- ----I-----.-.------ ----
-I-HIS AGRL:ElliEl~ i \! - ‘c fmdc by the City of Cat-lsbad, a r!!uriicipal I -’ *
corpcratiorl, hF:reindtei- referred to a5 "Ci-Ly", ai>d Geronimo Sanchez and I
Emilia Sanchez, husband and wife, as , hel-ei nafter ;e{I::t-r-ec! 1:) 2:; "j't.oi)ci*-. Joint Tenants,
'Iy cwnet-:'.
t3E.C 1 TALS : I_--- - --I-
WHEREAS, P rope r t y SW ne r ha s a pp 1 i ed t o C i t y f o r ,2
Final Parcel Map, Number M.S. 291 b
, fsl. the rea 1 property herei na1’ter descr i bed, now ur:der Prcq~crty Owner1 c.‘:
ObJ tlc3. i” S I2 i ;.I ; a t?d
WHEREAS, ie has been found t-hat said property is t-I(;: s(ti table
for d?ve 1 Op!veilt i f-i its present condition, however said property woc~ld he
suitable for developrnznt i-f certain pub1 ic improvements hereinafter
described are cons!:r-ucted and ccrta in i rre\locable o-Ffcr-s of dedic.dt,lon
a r e made i: 0 C i -t y ; a rid
WHEREAS, the Municipal Code of City and City Engineer's letter
dated August 30, 1976
att-ached hereto and i ncorporafed by refcrcj?ce here i n requ i t-e cer~.a i I;
imprcjvetncn~t:s and dedica.t ions a5 a concii 1. ion of approval of tt.,is
Final Parcel Map ; a nd
WHI::RE/IS, Property Owner 1x1s reque.sted said Final Parcel Map
be gr-anted by City in advance of the I: ime said i Illp !~‘f.~VCNl~r’~1: S ?I TCZ to be
.p made ; a ml
* WHEREAS , Property 0wt1c: ta, in cons iderat ion of t’llc ay)prova 1 of
.
said Final Parcel Map d Cl I? i I' c 5 t 0 e n t e r into thi c: agrcen~;:n1:
S c-f c 11 r i 175~ t Ft f: consl: rucltion of said in!pi-overll(r3112:;, 3nd City has detct-rni~:c:iJ
it to be in the public inter-er-;t t-o agree: to tempot-nrily postpone said
const ruct ion;
NOW, THEKEF ORE, IT IS AGREED between the parties hereto as
follows:
Section 1; -_-.- That City agrees to record any irrevocable off’et-s
@f c~edication made by Properly O;/Jner fcr a Final Parcel Map, Number M.S. 291;
Section 2. ._-._- -.-_ That Property Owner, in lieu of making the Ilerfzin-. ‘-t
after described improvements before approval of said Final Parcel Map
Is granted, agrees to i nsta 11 and const-ruct, or cause to be i nstal 1 ed
or constructed, sa i d imp rovcment s in accordance with plates and specifi-
sstions approved by the City Engineer within 60 days after written
demand so to do by ‘C i ty. Property Owner sha 1 1 not be t-equ i red to make
sa id ifIiprcJ\feinerits be-fore August 8, 1978 or witllin such further period
of time as is granted by City, provided, however, that upon the happening
o-f either of the fol lowing occurrences said improvements may, at the sole
election o-f City, bc requ i red to be made sooner than sa id date or such
ex-tended period of time which,may have been granted by Cit.y:
(a) When the City Counci 1 finds that the owners of 40% or more
o f t h e f I-O n i- a g e i inciuding the frontage of Property Ownet-, betweet.: inter-
sect i ng st reef-s on both. s ides of the street upon which the pr-opertj herein
described has frontage, have agreed with City.to install street improve-
nients to City specifications.
(b) When owners of more than 50% of the frontage, between
i nt‘ersect i ng streets on both sides of the street upon which the property
herein described has frontage, have petitioned ‘the City to form an
improvement district for the improvement of’said streets.
Sa id impt-ovcments c,f-l,^ I 1 i?f? q7!ade \.q{t1?gl,!?- rc‘osl; o!- r3Ype!?sc ~:cl~
C i ty‘. City estimates that the cost of*engineering and construct ion of
said imp.rovements at the time OT signing this contt-act is $11,955.00 .
Property Owner hereby acknowledges that said cost- is a reasonable
estimate of engineering and construction costs at this tiIi,e, and that the
actua 1 cost of same at. some t ime in the .l’utu t-e may exceed this estimate.
Section& T ha f t h c ---..-_I p r om i s c 5 1: for the faithful pc?t-formancrz o
250
a r-id covenstit 5 . here i n con1:a i ned , Property Owne t- lizreby yran7s to City ;?
1 i i-! n u p 0 17 1’ h c he t-c i na t‘ t e I- dcr-cr i tied pi-c)pcrI~y i n. Ihe amount of $11,955.0,0,
p1u-n any future increases of cost in excess of t II i s sum resu 1 t i ny fro!71
increased engineering and construct ion costs, ant! in the event Propct-1-y . .
Owner, hi s successors ) hei 1-5, ass i gns, or t rans.forees fa i 1 Zo i nsta 11
and construct said i mp t-ovement s in the manner and within the time speci-
fied kcrein, he agrees that City may do any or all of the Following:
(a) Have the net essary engineering for sa id improvements
done, and insI:al 1 and const’rucl.+ said improvements by contract or other-
V.J i 2 6 I. City or its contractor and his employees may enter upon any
pot-l- ion or port ioris of t:he properiy t-e aLonabIy necessary for said
cng i ni3e r i ng and cons t truct i on, znd the ent i re cost and expense shal 1 be
charged aga i nst said pro[>erty and payable by said Property Owner, his
s 11 cc c f-3 L1 0 !- 5 : hei 1-s: ass i<jIlS, or transferees immediately upon cornplei-ion
of said improvements. I n the event same is not paid Iwithin 30 days from
CCillp 1 et ion , City may foreclose said 1 ien 2s provided by law for the
foreclosure cf mort~Jages,
( b ) !I i I-cct tile C i ty Eng i neer to estimate the cost of necessary
eng i neer i ngl and 1:he work reyu i red to i nsta 11 and construct sa id improve-
ments ,, and foreclose said 1 ien in said amo’unt. .
(c) Pursue any remedy, legal or equitable (including those
specifically referred to herein), for the foreclosure of a 1 ien, and the
Property Owner, his successors, hei t-s, assigns, and transferees, shal 1
be 1 iable for reason;ible attorney’ s fees as a cost in said proceedi rigs.
S cc 1. i 0 ii 4. . That it is agreed that anything heruin contained to
the contrary notwithstanding, the promises and covenants made herein shal 1
not be binding upon tile holders, mortgagees, or beneficiaries of any
purchase. money mortgage or purchase money deed of trust for value which
ha s been 0 t- may i 1-1 the f’u’;ure be executed by the Property O\z/t7et-, 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 purchase money niortgage.or; i -
put-chase money deed 01, trust. The 1 i en hereby created sha 1 1 1 i ktz~i se be
. of no force or effect aqa inst any owner whose tit lo to the property I-ICI-c-
inafter described is acquired by or as a result of a Foreclosure or
( 3 >
t rustces’ SC7 1 c of a n y such pu I-chase money fliort’g;Igc; or pu rclhase moric:y
deed of trust.
Sect ion I; ----..---.-2 That at any time during the period herein pr-ovidc:d,
the Property Owner, his successors, heirs, assic~n’:, or tran~;icr-ees may
deposi t a cash bond or post a surety p’c:! formance bond sat is-factory to
the City to charge said surety with the cost of said improvements; t’he
amoun-i: of bond to be tlhe estimated cost of eng i nee r i ng a r-d improvements
at the time of such A-. uc.pos i t or post i ng as aster?:;j T ned by the City Engineer,
a n d t h:7 t u p o n d e p o sit of said cash or posting of said bond the City
agt-ees to release the property, or any porticn 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 (II-O- .
pei-ty to be relcs-scd from the lien t)ct-ein imposed.
Section 6,- Said City shall nDt, -- nor sha 11 any officer OI-
emp 1 oyce the t-eof , be 1 iable or responsible for ;jny accident, loss or
dainage happen i ng br occurrinjl to the moorI: or iml:ro\/ements specified in
Li:i s agreement prior tc thz con-!il 1 et i 011 a lnd accep”:ance of the same ) I10 r
shal 1 said City, nor any officer or employee thereo-I-, be 1 iable for
any person5 or property i n-j u red by reason of s a id \<tot-k or improvements,
but all of said liabilities shall be assumed by said Property O!dner-, and
his successors, heirs, assigns, and transferees, and they shall save the
City harmless from, and indemnify the City against, any and al 1 claims,
suits and liabilities of or to any person or property injured or claim.-
i ng to be i nj u red as a resu It ‘of sa i d work or improvements. Said Pro-
perty Owner, and his successors, heirs, assigns, and transferees, further
ayrees to protect said City and the officct-s 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 --------..A It is further agreed that said Pyoperty Owner wi 11
at all times up to the completion and acceptance o,f sa id work and im-
provements by the City, give good and adequate warning to the travel ing
public of any dangerous or defective conditions of’publ ic property. The
Property Owner hereby agrees 1.0 pay for such i nspcct ion 0.F improvements
as may be requ i red by the C i ty Eny i neer of C i ty.
8 . S cc I: i 0 n This agreement and the covenants contai tied hcrei n
5 t?n 1 1 be hi nti i nrl tipon and i n\lr-c to 1.hc bcn(>fi t of th(-: sctc.ccssors s hci 1-c; , ( !I )
_.
d *. ^ . . -
252
assigns, alld tr;itlSfei~C~S of Prove rty Owner, sila 1 I run with ,sa id real
property, and create an equitable servitude updn said real property.
Sect ion 9. ILI---Lw. G dcscr ipt ion of the property recct-t-cd to hcrei n
and upa;? oh ich said lien is imposed is described as fol lows:
That portion of the northeast quarter of.the northwest quarter
of Section 6, Township 12 South, Range 4 West, San Bernardino Meridian,
in the City of Carlsbad, in the County of San Diego,State of California,
described as follows:
Commencing at the northwest corner of said Section 6, thence
South 89o59'East along the northerly line of said section a distance of
1946.69 feet to THE TRUE POINT OF BEGINNING, being the 'northeast corner
of a parcel of land conveyed to Edwin T. Evans and Wife by deed dated
March 2, 1932 and recorded in Book 95, Page 94 of Official Records:
thence South 89059' East along said northerly line of said Section 167.04
feet to the northwest corner of land described in deed to Benign0 Ruiz,
et ux, recorded April 9, 1956, Recorder's File No. 48256 of Official Records;
thence along the westerly and southerly lines of said land, South O"55'OO"
East 167.06 feet and South 89059'00" East 75 feet to a point in the westerly
line of the first of two parcels of land conveyed to Herbert C. Anderson, et
ux, by. deed dated October 12, 1933 and recorded in Book 256, Page 119 of
Official Records; thence South O"55' East along the westerly line of said
land 167.06 feet to the southwest corner thereof, being also the northwest
corner of the second parcel of land conveyed to said Anderson and described
in above mentioned deed; thence South 89O51'35" West to and'along the north
line of a parcel of land conveyed to Cline Jones Myers and wife by deed dated
March 17, 1330 and recorded in Book 1763, Page 89 of deeds, a total distance
of 242.02 feet to the northwest corner of said parcel conveyed to Myers, being
also the southeast corner of the aforementioned parcel conveyed to Evans; L
thence North O"55' West along the east line of said Evans parcel, a distance '
of 334.78 feet to THE TRUE POINT OF BEGINNING.
xx
xx
. . / ” “’ .I r c
c ,
* / I
253
Section 10. The _- ____ -_. req u i. rqcl --I i.rr;il,r~,~~~mnfs to be constructed and
tji-: rz:r;ti mated costs thz,-rcof are 5~‘ f~:‘].~;~..,-s :
1 r,y:, *‘o ~,,y .?,2 rj Z-L s -.-- .-. __ _. _
1. 2" AC pavement & base *
2. 4" PCC sidewalk 3. 6" standard curb & gutter 4. Street light 5. Relocate SDG&E facilities 6. Driveway ramps 7. Scarify existing pavement 8. Grading 9. Engineering & Contingencies (15%)
s 1,570.oo -
877.00
668.00 1,100.00 2,500.OO 200.00 2,ooo.oo 1,480.OO
1,560.OO
TOTAL COST $11,955.00
Emilia A. Sanchez Also known as Emelia A. Sanchez . 4 (-IT‘i OF CjiAI,RT.S3;AD, 6 plunicj.psj.
.i
. ,
before me the undersiped, a ?:cl kz 7~ :<:-.:yy- t-0 me ';s appeared 33131 D. Zusscy, of Carlshad, a :vlu,>iciozl Coq5ration of the known to me to be the perscn who e Iv' %. _ cuted the within * Ins~rumen-t on b2half of said Flznici;>al Corporation, arid acknowledged to me that such City of Carlsbad, California, execute? t;-,e same. .
WITNESS my hand and official seal.
d-e-cc---- OFFICIAL SEAL 7 _ -- -
NORA K. GARDINER
NOTARY PUBLIC-CAUF.
PRINCIPAL OFFICE IN SAN DIEGO COUNTY
; MY COMMISSION EXPIRES JAN. 2% lm NC ee r/d-ee-sA-*
(?-otari.al acknowledgement of execution of owners must be attached).
-6-
-
STATE OF CALIFORNIA
COUNTY OF- Dieqo ss. 254 'a
+i On before me,
E m the undersigned, a Notary Public in and for said County and State,
3 personally appeared Geronimo P. Sanchez d, and Emilia A. Sanchez ii 6 T-d , known to me
z! to be the personSwhose nam maresubscribed to the c B executed the 82 within instrument and acknowledged that they same.
3
FOR NOTARY SEAL OR STAMP