HomeMy WebLinkAboutMS 304; Highland Company; 78-476203; Future Improvement Agreement/Release. ’ ?FCORDING REQUESTED BY AND )” .-2z@) s :
__, ‘EN .RECORDED MA I L -,--: 1 c
Citi of Carlsbad i
‘1200 Elm Avenue
Carlsbad, CA 92008 . 1 ..
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Documentary transfer tax:
s:gz Signature of declarant determining tax-
firm name
City of Car?sbad
I Parcel No. i67-nsn-sn. 51 & 52 ! / -.. --
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and The Highland Company,
a general partnership , hereinafter referred to as “Proper-
ty Owner”.
REC.1 TALS :
WHEREAS, Property Owner has applied to City for a
Minor Subdivision No. 304
I I’. for the real property hereinafter described, now under Property_. Owner’s I- . . ownership; and
WHEREAS, it has been found that said property is not suitable
for development in its present condition, however said property woutd be
suitable for development if certain public 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
of tentative parcel.map extension dated August. 7, 1978
.attached hereto and incorporated by reference herein require certain.’ . .
improvements and dedications as a’cobdition of approval of ‘this
minor subdivision ; and
WHEREAS, Property Owner has requested said minor subdivision
be granted by City in advance of the time said improvements are to be
made; and
l WHEREAS, Property Owner, in consideration of the approval of
,_ : -.. -
said minor subdivision desires to enter i’nto 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
construction;
-___.-..- NOW-, ---THEREFORE, - C-T-l-S-A-GREED between-the part i es hereto as----
fol 1 ows :
Sect ion’ 1. That City agrees to record any irrevocable offers
of dedication made by Property Owner for Minor Subdivision No. 304
Sect ion--2, That Property Owner, in lieu of making the herein- _
after described improvements before approval of said minor subdivision
. ,is granted, agrees to install and construct, or cause to’be installed ‘\
or constructed, said improvements in accordance with plans and specifi-
cations approved by the City Engineer within 60 days after written
demand so to do by City. Prope.rty Owner-shall not be required to make
sa,id improvements before M- 1, 1979,’ 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 2:.
election of City, be requi red to be made sooner than said date or such
._ extended period of time which may have been granted by City:
(a) When the City Council finds that the owners of 40% or more
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of the frontage, including the frontage of Property Owner, between inter-
setting streets on both sides.of the street upon which the property herein
,described has frontage, have agreed with City to install street imprave- --
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 $50,140.00, .
Property Owner hereby acknowledges that said cost is a reasonable
estimate of eng’inee’ring and construction costs at this time and that the
actual cost of .same at some time in the future ma’y exceed this. estimate.
Section’ 3. That for the faithful performance of the promises .: . .’ : . .: ..‘.‘:b’ ,, :. ::..; .:- (2) .
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and covenants herein contained, Property Owner hereby grants to City a
li’en upon the hereinafter described property in the amount of $50,140.09
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 improveme,nts 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
engineering and construction, and the entire cost and expense shall 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 forecl’ose said 1 ien as provided by law for the
foreclosure of mortgages.
(b) Direct the City Engineer to estimate the cost ‘of necessary
engineering, and the work required to install and construct said improve-
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 1 ien, 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 likewise be
of no force or effect against any owner whose title to the property here-
inafter described is acquired by or as a result of a foreclosure or
(3)
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trustees’ sale of any such purchase money mortgage or purchase money
deed of trust.
Sect ion 5. That at any’time during 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 sure.ty 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
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 shall 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 harm?
suits and
. ing to be
ess from, and inde
liabilities of or
injured as a resul
mnify the City against, any and all claims,
to any person or property injured or claim-
t of said work or improvements. Said Pro-
transferees, further perty Owner, and his successors, heirs, assigns, and
agrees to protect said City and the officers and emp
all liability or claim because of, or arising out of
1 oyees thereof from
, the use of any’
patent or patented article
Section 7. It is
at al 1 times up to the camp
n the construction of said improvements.
further agreed that said Property Owner wi 11
etion and acceptance of said work and im-
provements by the City, give good and adequate warning to the traveling
pub? ic of any dangerous or defective conditions of public property. The
Property Owner hereby agrees to pay for such inspection ,of improvements
as may be required by the City Engineer of City.
Section 8. This agreement and the covenants contained herein
shall be binding upon and inure to the benefit of the successors, heirs, (4) * _- _.. -2 .-_.. ._ .,.. “___c, ..~ I--.-.- i,-l._-l_ l..-__l-. I__. . - .‘.:. _ .^_.,._. .- ^ .__.“.._. ,. . .,__. .- -.. . ._.. ..- .
__ .- _~
assigns, and transferees of Property Owner, shall run with said real
prow-ty, and create an equitable servitude upon said real property.
A description of the property referred to herein
ibed as follows:
Sect ion 9.
and upon which said 1 ien is imposed is descr
See Exhibit "A", attached hereto and made a part hereof.
(5)
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Section 10. The required improvements to be constructed and .
the estimated costs thereof are as follows:
Improvements Estimated Costs
A.C. PAVEMENT. & BASE (3" ON 6") 16,500 S-F. $11,550 SIDEWALK -. . .._-_ -5,500 S-F. ._.. - 5,500 CURB & GUTTER 2)200 L.F. 8j800 STREET LIGHTS (20,000 L) 5 EACH 7,250 MEDIAN LANDSCAPING & IRRIGATION 19,800 S-F. 9,900
WHEELCHAIR RAMP LUMP SUM 600 15% CONTINGENCY & ENGINEERING (15%) 6,540
TOTAL COST
: Dated: /o -z@-7%
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CITY OF CARLSBAD, a Municipal
STATE OF CALIFORNIA ) .) ss. COUNTY OF SAN DIEGO )
a On a& 30, 197p before me the undersigned,
Notary Public in and for said State, peisonally 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: \
;4ppROVFn AS j-0 FORM1 .~., ““‘- :?‘.‘.
VINCENT F. BIONDO, IrR., ‘city Attorn@)r:
FW S. Cook, Assistant .
.(Notarial acknowledgement of execution of owners must be attached).
-6-
&f:;:
70 ,*.a CI (D-74)
(Partnership)
STATE OF CALIFORNIA
COUNTY OFSanDj_e- f
Lhl.
on October 24, 1978
before me. the undersigned, a Notary Public in and for said State, personally appeared E l L l Fosal’ A. R. Bredahl
known to me
to be two of the partners of ihe partnership
that executed the within instrument, and acknowledged to me
that such partnership executed the same.
WITNESS my hand and official seal.
Signature
OFFICIAL SEAL i M. CELESTE RICHARDSON ! _~ . . . ..---._ NOTARY PUBLIC-CALIF. ! PRINCIPAL OFFICE IN . SAN DIEGO COUNTY 1 t My Commission Expires April 5, 1982 t ~.~av.aw.-/u.l.m.41/ d
rrhis rrea for OekLI notuirl seal)
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EXHIBIT “A”
THE LAND REFFRHEo Ta HEREIN IS SlTUlSTED Ih THE STATE OF
c4LIfaRNIA. COUNTY OF SAN OiECa, AND IS CfSCRI3Ei) AS FCLLChS:
THAT PORTION CF LOT “.J’* Cf RANCHC AGUA HECIOYDAp IN THE CITY OF CARtSBAD,
IY THE COUNTY OF SAN OXEGCp STATE OF CACtFCYNIA, ACCURCING TC PARTITION
MAP THEREOF NO, 823 FILED IN THE OFFICE Cf CDU’\lTY RECCRLIES OF SAN OlEGO
CWhTY, NOVEMBER 140 1886, ACCOROihG TC CFFlClAL PLAT THEREaFt OESCRIBEU
AS fcuaws:
BEGINNING AT THE INTERSECTICN OF THE NaRTHE4StERLY LIhE OF COUNTY ROAD
SURVEY NO. 180’3 AS OESCRISED IN OEEC Tg THE COLNTY af SAh DIEGC, RECCROEC
Y4RCk 19, I.968 AS FILE NO. 45531 AND THE NGRTHJESTERLY 6CUNCARY GF SAXD
R4NCKJ ACUA HEDIONDA: THENCE ALCNG SAID 80WOARY NORTH 32°56’12” EAST
547.25 FEET TO THE BEGINNING OF A 280 FOOT R.Zr)tUS CU4UE CCNCAVE NORTHERLYr
4 RACIAL LINE TO THE CENTFR OF S4IC CURVE BEAQS NORTH 56O21’54” EAST,
THENCE EASTERLY ALOhiG SAID CURVE THROUGH A CENTRAL ANGLE CF 69O21’05” A
OTSTAhCE OF 338-91 FEET: THENCE TANGENT TC SAID CURVE hDRTH 77000’49”
E4ST 89.94 FEET TC THE BEGINNING GF A TANGENT CURVE CONCAVE SOUTHERLY
HAVING A RAOltJS OF 220 FEET: THENCE EASTERLY ALClNG SAID CURVE THRCUGH A
CENTR4L ANGLE OF 89°§0D49” A DISTANCE OF 344.99 FEET: THENCE TANGENT TO
S4CO CURVE SDUTH 13°08’22” EAST 164-53 FEET; THENCE NORTH 76°51’38” EAST
133.07 FFET TO THE FfEGINhING OF d T4NGEhT CUQVF- CUNCAVE SSUTkERLY HAVING A
R411US ‘JF 272 FEET, THENCE EASTEQLY 4LCNC SAli) CURVE Tt-+QOUGp % CENTRAL
ANGLE OF 43°44013“ A OISTANCE OF 207.63 FEET; THENCE TANGENT TO SAID CURVE
S’XJTH 59O24’39” EAST 50.24 FEET’, TO THE BEGIYNIYG I1F A TANGENT CURVE
CD’JCAVE NORTI-ERLY HAVTNG A RACIUS Of 478 FEET; THENCE EASTERLY ALONG SAID
CcJaVE THQOUGH A CENTRAL ANGLE OF 17026’52” EAST A DISTAhCE OF 145-56 FEET
TO AN ANGLE POINT IN THE ROUNDARY GF CARLSBAD TRACT 72-21 UNIT 1r
ACCORDING TC MAP THEREOF NO. 7651; THENCE ALONG THE SaUhCAHY OF SAID MAP
N7. 7451 SOUTH O”29’35’o EAST 177.92 FEET; Si)UTri 26Ol3’25” *EST 86,09 FEET:
SrJllTH 6O17’00” WEST 251.88 FEET; SCUTH 83O43’03” EAST 24 FEET; NORTH
89°06’48n EAST 201.58 FEET; SCUTt-’ 83O43’OC” EAST 152.89 FEET TO THE
SEGiNt%ING OF A TANGENT CURVE CChCAVE SCUTkkESTERLY t+bVlhE A R401US OF I.0
FEET: THENCE SCJUTHEASTEQLY ALONG SAlO CUQVE THROUGH A CENTRAL ANGLE OF
3?009’00” A DISTANCE GF 5.61 FEETo SCUTH 51O35’00” EAST 106.92 FEET,
SCJUTrl 37°t8’CJ0” EAST 129.59 FEET, SCUTH 21°1c)‘OO” EAST 79.93 TC THE
BEGINNING OF A TANGENT CURVE CdNCAVE NORTHEASTERLY HAVthG A RACIUS OF 34
FEET: EASTERLY ALONG SAlO CURVE THRQUGH A CENTRAL AhGLE CF 90°00’Oi)” A
OIST4hCE OF 53.41 FEET TC THE BECIFNING CF A REVERSE CURVE HAVING A HAOitiS
OF 10 FEET A RADIAL LINE TO THE CENTER OF SAiO 10 FOOT CURVE BEARS SCUTH
63°50’OO” EAST, EbSTERLY ALONG SAID CURVE THROUGH 4 CENTRAL ANGLE OF
90°0C’OO” A OIST8NCE OF 15.71 FEET; AN3 TbNGENT TO 5410 CURVE SOUTH
21010*00~~ EAST 8 FEET TO AN ANGLE POINT IN THE LANO ~CNVEYE~ Ta THE cxry
OF CARLSBAO RECORDED FEBRUARY llr 1977 AS FILE 53423 GF OFFICIAL RECORDS;
THENCE ALONG SAID LAN0 SOUTH 39O22.30” kEST 264.98 FEET TC A PCIhT IN THE
YUQTMHESTEQLY 8OUNDARY GF LAND CCNVEYED TC THE ClTY Cf- CARLSBAO RECOROED
FEBRLARY 11 I 1977 AS FILE 53424 CF OFFICIAL RECCIQOS: THENCE ALONG THE
8rlUhCARY THEREOF SOUTH 58O52’47” NEST 241.69 FEET; SCUlH 31°C7’13” EAST
170.24 FEET TO A PIIIKT ON b CURVE CONCAVE N13RTHEQLY HAVING A RADIUS OF 858
FEET, A RADIAL LINE TO SAID POINT BEARS SCUTH 16*31’36” WEST; AND
SOiJTHEASTERLY ALONG 5410 CURVE AND ALONG THE SOUTHERLY BGUFCAPY CF THE
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EXHIBIT “A”
LAN0 DESCRIBED IN SAID f SLES 53423 AN5 54424 THROUGH A CENTR4L ANGLE OF
47”CB’49” A DISTANCE Of 106.02 FEET; THEhCE T4NGENT TC SAID CURVE NClRTt4
58O52’47” EAST CONTINUING ALOhG TbE S’JLTHEPLY t3OUNOARY Of SAT0 FILE 53423
AbJ!l THE EASTERLY PRDLONGATICti THERECF 333.32 Til A PClhT CN THE EASTERLY
LINE Df A 150 fC!CT EASEMEhT GRAYTED 13 THE SAY DIECC GaS AND ELECTHTC CD,
BY DEED RECORDED MAY 18, 1966 AS FILE r\l~. e26m OF EFFKIAL RECORDS BEING
ALSC A PCITWT OY THE EPSTERLY LINE OF: LAND DESCRIBED IN DEED TC CARROLL R,
KELLEY RECORDEO OCTOBER 29, 1936 IN BOOK 581, PAGE 189 OF OFFICIAL
RECORDS: THENCE ALONG S41D EASTERLY LINE SOUTH 5*59*03” EAST 24.30 FEET TO
AY ANGLE POfhT IN SAID KELLEY’S LAND; THENCE CONTINUING ALONG SAID
KELCEY’S LAND SiXTH 55O52’47” WEST 971.61 FEET NORTH 54°18*01” LJEST
1240.24 FEET TO AN ANGLE POIhT Ah;0 SOUTH 69”5P’l3” WEST 237.07 FEET TO THE
NORTHEASTERLY BCUNDARY OF THAT PCRTlOh( GF COUNTY RECCRO OF SURUEY ND. 1860
AS DESCRIBED IN DEE0 TO THE COUNTY OF S4Fs CIEGO, RECCRDEO
MARCH 19, 1968, AS F-ILE “JO. 45531 OF OFFICIAL RECDQDS; THENCE ALONG THE
B’JUhCARY OF SAID CJUNTY RECCPD CF SURVEY NC. 1903 AS FOLLtl’rlS; NORTH
lL007’07” UEST 72.4L FEET: SCUTH 78OS2’53” wEST 23.92 TO THE BEGINNING OF
A CUSVE CONCAVE hORTHERLY HAVING 4 R4DIUS GF 35 FEET 4 RADIAL LIhf TO THE
CEYTER OF SAXC CURVE BEARS NQRTF 19053'Olm EAST, WESTERLY ALOf’iG SAID CURVE
THJDLGH A CEhTRAL AhGlE CF 37O36.59” A GISTAYCE OF 22-93 FEET-t TANGENT TO
SAID CURVE NORTH 32”30’00” \fEST 507.93 FEET TO THE BEGINh!NG Of A TANGENT
CURVE CONCAVE SCUTHhESTE9LY HAVING 4 R4CIUS DF 625 FEET? NORTHWESTERLY
ALOKG SAID CURVE THRqUSr 4 CEVTRAL ANGLE OF i3*12'10" A DISTANCE OF LLL,31
FEET NDRTH 42°42*16’e WEST 424.75 AND YORTI; 33°20’OL” LiEST 30.46”FEET TO
TYf PCINT Of BEGIhNfhG.
EXCEPTIW THEREFROM THAT PCRTICN LYIhG M[‘IHIN CARL!jfjAD TRACT 74-25, tJNlf
NO, 1, ACCORCING TC! ‘@AP THEREOF NC. 9738.
OFFlClnl ?ECOR~ 3 RECm3ER SAN DECO COwy, C&IF,
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