HomeMy WebLinkAboutMS 300; Glissman, Edna, and Perkett, C.R. and Jean; 77-368962; Future Improvement Agreement/Release4
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F: :: I;[:‘:l: 1 i,ac ki~QlJLS‘rlI3 BY A1JD > ADDRESSES
\,,’ I !- i., .!_ I:cc~I~[)EC is:,r;. I L TO:
! &f’ 8 9 36 AM ‘71
c ity of Csrlsbad I *
1200 Elm Avenue > C a I- 1 s !,a d , C k 92003 . >
>
---- --------__- -_______-_____-___ ----!io FEE Spar, e above this 1 ine for Recorder’s
use.
Gocumenta ry t 1-a ns fe r tax : $No fee
-__ qatu t-e of dec larant determi ni nrtax-
firm name
City of Carlsbad
---.--_- -------_---
Parcel No. 207-100-36 206-191-10 and
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CONTRACT FOR FUTURE PUGLIC IMPROVEMENTS ___-___
THIS AGREEMENT is made by the City of CarTsbad, a municipal
c.orpora t i on, hereinafter referred to as “City”, and Edna M. Glissman as
to an undivided one-half interest and C. R. Perkett and M. Jean Perkett, *
husband and wife, as joint tenants, as to an undivided one-half interest,
hereinafter referred to as "Property Owner."
:i’EER EAS , Property @wner has applied to City for a
Final Parcel Map, Number MS 300 -
i. 0 r t!-IE ri?a 1 property
C,:‘,“:t i-51.) i 1: ; 2 nz:
11~im~iii;l-ft2!- d~!5c:ibed, nn,; u nd e :- p i-operty Owner’s
\:‘!-’ c p c/q s IIII- \I- ) it has Seen found that said property is not suitable
for de\relopment in its present condition, t-‘cxk\:ever said property \~ould be
‘suij-: b:e iOi- development if certain pub? ic i!i3pI-~\/pc,l~i2t S i-jL1-e i r,siFler
cizszribr-d are constructed and cer;ain i rre.~;oca51e offers of dedication
2 J-2 ‘: zdp tc City; and
\.( j-4 E f; E 4 s > ‘i 1; :-; 1’:; [I ; ,z i ;;2 j I: :. jr; of City and City Engineer's
letter dated December 29, 1976, .
<-, t zL II; ;, '-, .' :.; ; 1, ,:'. i- % ts (; 3 II” 4 , L i i!::c>;-p,!;-ai cd by I-ef el-i;;'tce i;c.;-e I 13 I'":~IJ i ;-e ccl-ts i I1
i,,';,l-i‘\'l..,-~::i;S 3 ,-id ;rl "' (j !Cdtioi>S 2s 3 Co;.qJii:i !-, il ii f I: ,-I p :-c? :‘<‘1 1 0 f 15 i s
.
Parcel Map ; ai7d‘ .
~:HER EkS , Property O:*/;~er has requested sa id Parcel Map
t; c y’-h”ied by City in ad\ta’-1c.e of the t irne said impt-oVC.!;~~t;ts are to be
I .,:,: ,-;c; ; 13 I-Id ’ \~iW!IREAS , Property O~dilel-,
%iii&Cd+,d:-
iI1 considerc7tio11 of- the sppt-ovil1 of
( 1)
F/A * 7 7- 5/ c.3 7?-J I .
I
-- . .
. . 9QO
s i.l i d Parcel Map clc;s i t-es t 0 c n t c r i n 1: o t Ii i s a q 1-e eme n t
secur i rig the const ri!st. ion of 5a id ir!!provcmcrt;, and C ity has detcrmi n:d
i 1: f 0 b (3 in the pub1 ic interest to agree to tcmporari ly po~ipol’16: said
cons-t ruct ion;
NOW) TtlEFiEFOKE I IT IS AGKEED between the parties hereto as
f 0 1 1 Oh’ s : .
Sect ion 1 , ___---_--_- That City agrees to t-ecord any irrevocable offers
of dedication made by Propert:y Owner for a Final Parcel Map,
Number MS 300.
2. Section That Property Owner, in lieu of ‘making the herein-
after described improveinents before approva? of said Parcel Map
is granted, agrees to i nsta 1 1 and construct , or cause to be installed
or cons t rutted I said improvements In accordance with plans and sp.ecifi-
cations approved <by the City Engineer within 60 days after writ.:-en
demand so to do by City. PI-opei-ty Owner shal 1 not be I-equ i red to n~ake
sn id improvements before June 1, 1978 or within such further period
of !: Ime as is granted by City, providec!, howeG!et-, that upon .! he happeni !I!:
of either of .the following occurrences said improvei-oents may, at the sole
election OF City, be requ i red to be made sooner than sa id da-te or s~!ch
c x I. e n d ,d period of time which may have’ beet-1 granted by C i ty :
(a) When the City Counci 1 finds that the owners of 40’% or more
o-f t h e frontage, i ncl ud i ng the frontage of Property Owner, bet\f,een i ntcr-
sect i rig streets 011 both sides of the street upon wl1ic.h tile property herein
described has frontage, have agreed with City to install street improve-
!TlCiltS 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 prcpet-ty
here: n desct+i!~ed has frontage, have petit ioned the C it-y to form an
improvcnlznt district fog ths imp rovemet~t of sa i d s I- reet c< ,
Said iniprovcments sha 11 be made without co~.t.‘qr expense to
city. Ci-l:y ~st,ii;~ates thr7t the cost of cngincering, and-constrlic-tion of
said improvements at the tinge of signing this contract is $17,469.00 +
Property Owner he t-eby ackllow 1 edges 1: hat said cost is a t-easonable
estimate of engineering atld construct 101-1 cot;ts at this time and that tl~c
actual cost o-f S;IIVC? at S~IXC tin-x? in the futtirc may exceed this est-imat-e.
Sect ion 3. -.--“-.mv.“-*-“” 7’tl;lt fcJr t.Ile fa i thflJ1 pctI’1’oni?ancc of the promi scs
a rid covcrtant~ here i n con13 i lied, , pr0pt3rty OWIICI- hereby grants to Ci ty a
1 if2n upon the h(:rcinaFtcr tlcr;c: I- i l3cJci i;ropcrt y i II t 17~3 amollnt Of $17,469.40
plus any fut~~t-e i~lcresses or’ c.osf in excess of this SlJiTI t-esu 1 t i 11g fr-GTI
i n c r e2 s c: d c n y i n e e t- i n g a~lcl c.onst ruct i on costs , and in ‘the event Property
Ow n e r , his suc(-cssors, hei I-S, assigris, or i‘ranc.Ferees fa i 1 to i nsta 11
and construct scl id im[I1~OVC?iTlerltS in the manner and within the time speci.-
fied therein, he agrees .that City may do any GI- all or the following:
(a) Have the necessary engineering for said improvements
cl 0 1’1 e , and i n,r:ta 1 1 and const I-uct si: id improvemen-i:s by cant ract or other-
w i s e . City or its contractor and his employees may enter upon any
port i or-1 or port i 011s 0.f the property rea snnab 1 y n’eces sa ry for sa i d
engincerincj and construct-ion, a17r.i I he eni. i re cost and expense sha 11 bc
cha rged ;1 ga i ns t said property and payable by said Property Owner, his
successors, hei t-s, .ass i gns, or transferees inmediately upon complet.iort
0 f said i mp roveme nt s . In the .event same is not pa id wi thi n 30 days f roTI
Completion, City may -forec.lose said ?icn 3s pt-~ovicled by lzl\iJ f’or the
forec 10Sti 1-e Of iilOi-i:gCigeS .
(b) pi rect the City Engineer to esi- in-m te the cost of nccessary
erlg i neer i ng, and the work requ i red to i nsta 1 1 and construct sa i d irllprovc2-
rllent 5 , and .foreclose said lien in said amount,
(c) Pursue any rem&dy) legal or equitable (including those
specif ical ly referred to herein), for the foreclosure of a 1 ien, and the
Property Ownet-, his successors, hei’rs, assigns, and transferees, shal 1
be liable for reasonable attorney’s Tees as a cost in said proceedings.
Sect i on I_ That it is agreed that. any th i ng he i-e i n con-ta i ned to
the contrary notwithstandihg, the pt-omi ses and covenants made h’erei n shal 1
not be binding upon the holders, mortgagees, or beneficiaries of any
pu rchasc. money mortgage or purchase money deed of trust for value which 1
11a s been or mai i n the future be c.xccuted by the Property Owner, his. 1
successor-s, hei rs, ass i gns, or t rnnsferecs, and the 1 ien hereby creatczd
J sha 11 be and is hereby subordi natecl to and declared to be inferior and
subsequent in 1 ien to the 1 ien of any such purchase Morley mortgage or .
p>r~rchasc money clczed of I, rust, The 1 ien hereby created shal.1 1 ikewise be
of no Force or eWect ayai nst any owner whose title to the property herc-
inafter described is acquit-cd by or as a result of a foreclosc~rc or
(3)
1. rus tees ’ sale of anv st.tcll pu I-chase money mar-i:g;> SC or pu rchase money
deed of trust.
Sect i-on 5. That at any t iflie du r i ng the period herei n provitlcd,
the Property Owner, his sui-,cessors, heirs, assiyns, or trans.ferees may . .
depos i t a c ash bond or post a surety performance bond SatisFactory to
the C i ty to char-ye sa id surety wi t-h the cost of sa id improvcnrcnts ; ihe
amount of bond to be the estimated cost OF engineering and improvements
at the t ime of such depos I t or post i ng as ascerta i ned by the C I ty Enyi ricer,,
atnrl. that upon depos i t of c-a Id cash or post i ny of sa id bond the City
asrkes to I-elcase the property, or any port ion o-f it as to which said
deposit or posting applies, from the provisions of this a~recmcnt, and
to execute any nece ssary release to,enable the rccot-d title of the pro-
perty to be released from the lien herein imposed.
Sect ion 6 -.--.-----A S;:id City shall not, nor shal 1 any officer or
emp 1 oyce the reef , be liable or responsible ~OI- any accident, loss ot-
dama CJC happei’ji ng or occurring to the work or improvements speci fietl i 11
- this 2Greenlent priot- to the completion and scceptance of the same, nor
shall said City -? nor any officer or employee thereof, be 1 iable fcr
3 ny pe l”SOIlS or property injured by reason of said work or improvements,
but al! 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 iabil ities of or to any person or property injured or claim-
i ncj to be injured as a result .of said work or irnprovcments. Said Pro-
transferees, further
agrees to protect said
all 1 iabil ity or claim
patent or patented art
1 oyees thereof f ram
perty Owner, and his successors, heirs, assigns, and
City and the officers and emp
because of, or arising out of
icle in the construction of sa
Section 7. --..------ _._. -- It is further agreed that said
, the use of any
i d improvements.
Prcjperty O!dner wi 11
at al 1 times up to the completion and acceptance of said work and im-
provemnts by the City, give good and adequate warning to the traveling
public of any dangerous or defective conditions of pub1 ic property. The
PI-opcrty Owner hereby agrees to pay for such i nspeci:ion of improvements
as may be requi I-ed by the City Eniineer oi‘ City.
Sect ion 8. This --.-- agreement and the covenants conta i ned hcrei n
5l1;1 1 1 hc: I? i nd i ncj l.!i7OrI and i nu rc t (! ;~17(? benr3f i t of 1 lie 511cccssors , liei I-5; ,
( ‘1 !
sssiijr:s, and t rat;zfei-ees of Proi,? t-t-y Oi.Jnct-, sl~all run wi,th said t-ml
p I- 01) I: r 1. y , c7 nd c r c;: 1. (: an equ i t-c7b 1 c sc t-v i tude upon sa id t-es 1 p rope t-t: y.
Sect ion 9. .-._-_- ---..-.--.- - A description of the propcr1:y refer-red to tier-tin
atld upon which said 1 ien is in:posed is dcscr-ibed as follows:
PARCEL '1: -.
.. . . .
That portion of Lot 1 in Block "F" of Bellavista, in'the City of Carlsbad,
County of San Dicgo, State of California, according to Map thereof No. 2152, .
filed in the Office of the County Recorder of San.Diego County, March 7; 1929,
described as fol,lows:
Comxincing at the most Northerly corner of said Lot 1; thence along the boundar)i ,- 'of said Lot 1 as follows: Southerly along the arc of a 425.00 foot radius curve,
concave Westerly, through a central angle of 08"49'44" a distance of 65.49 feet;
. tangent tq said curve, South 06"02'00" IJest, 293.15 feet to'the beginning of a
tangent 225.00 foot radius curve, conc+ve Easterly; Soutjle'rly along the arc of
said curve through a central angle of 30"29'30" a distance of 119.73 feet; and
tangent to said curve, South.24"27'20" East; 113.58 feet to the Southwesterly corner.,
of the land descr'ibed in deed to Everett N. Harwood, Inc., recorded January 24,
1969 as, File No. 14348 and-being the TRUE POINT OF BEGINNING; thence continuing .
along said boundary, South 24"27'20" East, 150.00 feet to a point distant thereon
North 24"27'20" West, 59.67 feet from the Southwesterly corner of said I,ot 1;
thence North 65"32'40" East, 214.95 feet to a point on the Northeasterly iine of
said Lot 1, distant thereon North~24"59'00" West, 59.67 feet from the Southeasterly
corner of said Lot 1;. thence along said Northeasterly line,.North 24"59'00" West,
150.00 fekt to a line which bears North 65"32'40" East, from the TRUE POINT OF
BEGINNING; thence South 65"32'40" West, 213.57 feet to the TRUE POINT OF
BEGINNING. .~ . .
PARCEL 2: .
. . :
,
That portion of Lot "I". of Ranch0 Agua Hedionda, in the City o-f Carl&ad,
County of San Diego, State of California, according to Map thereof No. 823
filed in the Office of the Cpunty Recorder o$ ?an Diego County November L6,
1896, descrj.bed as follow& . . . .
Beginning at the most .Easterly corner of-Lot 4 in Block "F" of B-ellavista
according to Map thereof No.
of San Di.e.go County March 7,
2152 filed in the Officepof the County Recorder
$929,; thence along the Northeasterly prolonga-
tion of the Southeasterly line of s?id Lot.04, North 43'51'33" East, 364.00
feet to a point herein designated as Point "X"; thence.North 45"52'10" West,
1308.37 feet to the most Northerly corner of Lot 1 in said Block ",F' 'of
Bellavista;' thence Southerly along the Easterly boundary of said Block "F"
to the Point of Beginning.
EXCEPTING thei-efrom that portion lying Southeasterly of a line described as
follows: ' ,, : " ' . . . . . Comrzencin$ at the.most Easterly corner of.said‘Lot 1 in Block "F" of Bella- I
vista; thence alorig the Northcasteyly line of said Lot 1, North*24*59'00"
* West, 59.67 feet to the TRUE POINT OF BEGINNING; thence North 67?06'00" East,
289..95 feet t'o a line which bears North 45'52'10" West from said Point""X".
ALSd EXCEp'rrNG therefrom that 'portion lying Northwesterly of.a line ' described as follows: * . . . . :
Commencing at the mostEasterly corner of said Lot.1 in-Block "F" of Bella-
vista; thence along the Northeasterly line of said Lot 1, Nqrth 24O59'00". .
West, 233.44 feet to an angle point in the Southeasterly boundary of land
described in deed to Everett N. Harwood, Inc., recorded JanuaYy 24, 1969
as File No. 14348; thence along said Southeasterly boundary North 46"07'50"
East, 183.85 feet to a line which'bears North 45*52'10" West from said . Point "X". . . . . .
_-
Sectio;l 1.0. The required improvements to be constructed and I..I_-
the estimated costs tl~ercof are as follows :
ImprOV~~l3l:?llt!3 EStijTEitC?d COSt S _I- -.__ .___ _I- 11------.--1.----I
1. $
2. SEE EXHIBIT "A" ATTACHEP HERETO
3 c .
4.
5.
6.
TOTAL cc%?: $17,469.00
Dated :. b&j-b-/-6 ?) &-I&&~~ (d -_- ^ -.-- . 2 ?,+#&I&* ____ aa- L- Propertlr Owner
,
' STATE 01' CALIL;'OI'NIA j . 1 ss. ;, t ..: .CUUNTY OF SAN D‘LEGT) )
.I On I before me the undersigned, a Notary Public in and for ~a-3 State r perso~nl~y appeared Paul. D. Uur,sey, known to me to be the City Manager of the City of Ca:cl.sbad r a I?lmir::ip~.l. Corporation of the State of California, known to me to be the person who executed the within instrument on behalf of said Municipal Corpor&tion , and ackij.owledged to me that such City of Carlshad, Crriifc,rnia, exec:ited the same.
WITNESS my hand and official seal.
---~.~]~-~yj-j~- -
i
c I
City Attorney
(Notarial acknowledgement of execution of owners must be attached).
70 ‘944 CA (8.74,
‘individual)
STATE OF CALIFORNIA
COUNTY OF f;Q cb 2 iLr;‘6--
2 zdersigned, @oiaqEPub& tiyd for said
-P 4 ,
, known to me i 0. to be the perso n whose name
2
subscribed
In to the within instrument and acknowledged that
d and official seal.
I (This area for official notarial seal)
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) 'Se .
.
Oil September 6,1977 before me, the undersigned, the City Clerk of
the City of Carlsbad, a city within the said County,and State, personally
appeared Paul D. Russey known to me to-be the
#Jzdx~xxxxxxxxxx~~~ Cit v Nanager
~nn~~nax~~nx~~~xx~x~~~xx~x~~x of the corporation that executed the
within instrument, on behalf of the corporation therein named, and acknow-
ledged to me that such corporation executed the same, and acknowledged to
me that bylaws or a resolution of its board&fldirectors. ,. ,-%.: . . . . . . :. P '&'." /......, I.. .* L =,.,, (.'..
.11^.e.e.4. ..+ w-v ---* _..,---.--IYIU--IIICI^~.._.X-. *_--..“, -.....*---..- *--I- *-. .-_ I. -.-- _.- u . . . _... ..I
. ‘x.x5 . .
EXHIBIT "A"
PARCEL 1
AC Pavement 610 S.F.
Curb and Gutter 20 L.F.
Sidewalk 100 S.F.
Portion Ornamental Street Light L.S.
PARCEL 2
AC Pavement 610 S.F.
Curb and Gutter 20 L.F.
Sidewalk 100 S.F.
Portion Ornamental Street Light L.S.
4" VCP Sewer Lateral 1 ea.
1" Water Service 1 ea.
1" Water Service (relocate) 1 ea.
PARCEL 3
AC Pavement 3355 S.F.
Curb and Gutter 110 L.F.
Sidewalk 550 S.F.
Portion Ornamental Street Light L.S.
4" VCP Sewer Lateral 1 ea.
1" Water Service 1 ea.
Relocate Fire Hydrant L.S.
18" RCP Storm Drain 70 L.F.
Curb Inlet 1 ea.
Headwall 1 ea. Grading 2000 C.Y.
Slope Irrigation 5500 S.F.
Slope Planting 5500 S.F.
Brow Ditch 120 L.F.
@ $ 0.75
5.00
1.05
@ $ 0.75
5.00
1.05
350.00
300.00
50.00
@ $ 0.75
5.00
1.05
350.00
300.00
1,ooo.oo
24.00
1,300.00
700.00
2.00
0.10
0.04
5.00
Total $15,044.00
GRAND TOTAL $17,469.00
$ 457.50
100.00
105.00
200.00
$ 862.50
$ 457.50
100.00
105.00
200.00
350.00
300.00
50.00
$ 1,562.50
$ 2,516.OO
550.00
578.00
700.00
350.00
300.00
1,ooo.oo
1,680.OO
1,300.00
700.00
4,ooo.oo
550.00
220.00
600.00