HomeMy WebLinkAboutMS 295; Langer, Edward and Elizabeth; 77-003725; Future Improvement Agreement/Release(I
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Ci;y of Csrlsbad - i ADDRESSEE
1200 E In-i’ Avenue 1 Carlsbad, CA 92008 1 jb, 5 i I 02 M! $71 1 fJFFlClA!. REiOR.OS Sj?N I'ili';:il CQUN+~j',CALIF. iiARLEY F.OFBOW
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City of Carlsbad
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Pa rce 1 No. 205-220-36 --
CONTRACT FOR-FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and Edward E. Langer and
Elizabeth M. Langer, husband and as joint tenants
ty Owner”,
RECITALS: -.
wife, hereinafter referred to as “Proper-
WHEREAS, Property Owner’ has applied to City for a
Final Parcel Map, Number MS 295,
for the ;-cc:! property h,ercinafter doscrlbed, no;; under Prcpcrty C?i-;ncr’s
ownership; and c
WHEREAS, it has been found that said property is not suitable
for development in its present condition, 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
letter dated December 29, 1976,
attached hereto and incorporated by reference herein require certain
improvements and dedications as a condition of approval of this
Parcel Map ; and
WHEREAS, Property Owner has requested said Parcel May
be granted by City in advance of the t ime said improvements are to be
made: and
’ WHEREAS, Property Owner, in consideration of the approval of
. 1662 - .
.
said Parcel Map desires 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 I
fol lows:
Section 1. That City agrees to record any irrevocable offers
of dedication made by Property Owner for a Final Parcel Map,
Number MS 295,
Section 2. That Property Owner, in lieu of making the herein-
after described improvements before approval of said Parcel Map
is granted, agrees to install and construct, or cause to be installed
or constructed, sa id improvemen.is 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 shall not be required to make
said improvements before January 1, 1977, or within such further period
of time as is granted by City, provided, however, that upon the happening
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 v,:hich may have been granted by City: c
(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 install street impt-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
herein described has frontage, have petitioned 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 $6,380.00 .
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
(2)
1663
and covenants herein contained, Property Owner hereby grants to City a
lien upon the hereinafter described property in the amount of $6,380.00,
plus any future increases of cost in excess of this sum resulting from
increased engineering and construction costs, and in the event Property
Owner, his successors, heirs, assigns, or transferees fail to install
and construct said improvements in the manner and within the time speci-
fied herein, he agrees that City may do any or all of the following:
(a) Have the necessary engineering for said improvements
done, and install 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
enyinc?ring and construction, and the entire cost and expense shal I be
charged against said property and payable by said Property Owner, his
successors, heirs, assigns, or transferees immediately upon completion
of said improvements. In the event same is not paid within 30 days from
completion, City may foreclose said lien as provi’ded by law for the
foreclosure of mortgages,
(b) Direct the City Engineer to estimate the cost of necessary
eng i t-leer’ i ny , and the work requi red iu i listal 1 and construct said imps-eve-
*- 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 transferees, shall
be liable for reasonable attorney’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 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 1 ien of any such purchase money mortgage or
purchase money deed of trust. The lien hereby created shall 1 ikewise be
of no force or effect against any owner whose tit lc to the property here-
inafter described is acquired by or as a res!!lt of a foreclosure or
(3)
t ru‘s tees ’ sale of-any such purchase money mortgage or
deed of trust.
Sect ion 5. That at any time during the per
purchase money
iod 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 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 portion of it as to which said r=, ..,I
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 1 iabi 1 ities of or to any person or property injured or claim-
inq to be injured as a result of said work or improvements. Said Pro-
perty Owner, and his successors, heirs, assigns, and
City and the officers and emp 1
because of, or arising out of
agrees to protect said
all liability or claim
patent or patented art
Section 7.
transferees, further
oyees thereof from
the use of any
d improvements.
Property Owner wi 11
icle in the construction of sai
It is further agreed that said
at all times up to the completion and acceptance o-f said work and im-
provements by the City, give good and adequate warning to the travelinq
public of any dangerous or defective conditions of public property. The
Property Owner hereby agrees to pay for such inspection of improvements
a? may be required by the City Engineer of City.
Section 8. This agreement and the covenants contained herein /’
sha 11 be bi nd i ncl upon and i nut-e to the bencf i t of the successors, hei rs ,
(4)
: .
assigns, and transferees of Property Owner, shall run with said real
property, and create an equitable servitude upon said real property.
Sect ion 9. A description of the property referred to herein
and upon which said lien
PARCEL 1:
is imposed is described as follows
All that portion of Tract 251 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 said San Diego County, December 9, 1915, described as follows:
Commencing at the most easterly corner of said Tract 251; thence along the boundary of said tract south 2G011'OO" west, 138.60 feet and south 61o21'00" west 59.30 feet; thence leaving said boundary north 27oOO'lO" west, 206.21 feet to the TRUE POINT OF BEGINNING: thence continuing north 27O 00'10" west, 217.10 feet to the northerly line of the land described in deed to Edgar E. Kelso, et ux, recorded December 18, 1946 as Document No. 133268 of official records, thence along said northerly line north 61°21'OO" east, 207.55 feet to the southeasterly boundary of said tract 251; thence along said southeasterly boundary, south 28°39'OO" east, 217.10 feet to a point distant thereon north 28°39'OO" east 97.50 feet from the point of commencement; thence south 61o21'00" west to theCPOINT OF BEGINNING. TRUkFn/
PARCEL 2:
An easement and right of way for the construction and maintenance of a sewer line 5.00 feet in width lying within Tract 251 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 l . of the County Recorder of San Diego County December 9, 1915, the northeasterly line of said 5.00 foot strip being the southwesterly line of Parcel 1 above.
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(5)
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Section 10. The required improvements to be constructed and
the estimated costs thereof are as follows:
Improvements
1. Pavement and base
2. Curb and gutter
3. 5' P.C.C. 'sidewalk
4. Street light
5. 4 street trees
6. Engineering, 10%
Estimated Costs
$1,000.00
1,300.00
2,200.oo
1,100.00
200.00
580.00 '. .i
TOTAL COST $6,380.00
.
CITY OF CARLSBAD, a Municipal
STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEA )
On & /?76 , 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 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:
2erPeCCZECC OFFICIAL 8CAL
NORA K. GARDINER
NOTAW WBLIC-CALM PRINCIPAL OFCICL I#
SAN DIE00 COUNJY
‘1 \ ’ I. i MY COMUlS!3ON EXPIRES IAN. 29, 1w 1 C---rZZZa*-rCIIcd
(Notarial acknowledgement of execution of owners must be attached).
-6-
-
STATE OF CA FORNIA
COUNTY OF if Alz \? - iQlq0 > ss. 1667
2! onM&9;19"76 a 8 before me,
m the undersigned, a Notary Public in and for said County and State,
3
2 personally appeared MtiUxrh. m. ~&LLOCV FOR NOTARY SEAL OR STAMP L ItA Q /AkOL#- l
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3 , known to me
a to be the person.Swhose name- ubscribed to the > 3 fi within instrument and acknowledged tha same. tkexecuted the c:! i. .1
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