HomeMy WebLinkAboutMS 394; Morris, Allen Ray and Frankie; 79-239449; Future Improvement Agreement/Release._I ’
79-23944s
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City of Carlshad
Pa rce 1 MO. 156-l 30-l 6 _I- --
CONTRACT FOR .FUTURE PUBLlC IMPRO’JEMENTS
THIS AGREEb1ENT is made by the City of Carlsbad, a municipal .
corporation, hereinafter referred to as “City”, and
ALLEN RAY MORRIS AND FRANKIE MORRIS Husbpndbard W.ife as Joint Tenants
RECITALS: -
WHEREAS, Property Owner has appl ied to City for a Minor
Subdivision No. 394
.
i for the real property hereinafter described, now under Property’Owner’s
owriersh i p; and
WHEREAS, it has been found that said property is not suitable
for development in its present condition, however sa id property would be
suitol~le for development if certain pub1 ic improvements .het-oinafter
described are constructed and-certain irrevocable ofFers of -dedi.cation _
at-e made to City; and
. .+JHEREAS ) the Municipal Code of City and Section 20.28.090
attached hereto and i ncorporsted by reference herein requ i r-c: ccrta i n
improvements and dedications as a condition of approval .uf this
Minor Subdivision No. 394 ; and
\:!HERE.c,S , Froperty Owner has requested said
Minor Subdivision No. 394
be grsn~ cd by C i t-y i n advaiice of the t ime SCI id irnprovcments are to be
made; atld J
* WHEREAS, Ft-opcrty Ok*!ner, in consider-r;-It ion of the approval of i
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said Minor Subdivision No. 394 desires to enter into this agreement
securing the construction of said improvements, and City has determined
it to be in the pub1 ic interest to agree to temporarily postpone said
construct ion;
NOW, THEREFORE, IT IS AGREED between the parties hereto as
follows:
Section 1. That City agrees to record any irrevocable offers
of dedication made by Property Owner for Minor Subdivision No. 394
Sect ion -2. That Property Owner, in lieu of making the herein-
after described improvements before approval of said Minor Subdivision No. 394
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. Property Owner shall not be requi red to make
said improvements before 5-1 O-80 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 which may have been granted by City:
(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 improve-
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 $2707.00 . _
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)
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and covenants herein contained, Property Owner hereby grants to City a
lien upon the hereinafter described property in the amount of $2707.00 ,
plus any future increases of cost in excess of this sum resulting from
increased engineering and construct.ion 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
engineering and construction, and the entire cost and expense shal? 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 provided by law for the
foreclosure of mortgages.
2.
(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 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 1 ien 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-
ina-fter 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.
SecX 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 t-he City Engineer,
and that upon deposit of said cash or posting of said bond the City
agrees to release the property, or any port ion 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 1 iable 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 iabl-k 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 liabilities of or to any person or property injured or claim-
ing to be injured as a result of said work or improvements. Said Pro-
perty Owner, and his successors, heirs, assigns, and transferees, further
agrees to protect said City and the officers 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. It is further agreed that said Property Owner will
at all times up to the completion and acceptance of said work and im-
provements by the City, give good and adequate warning to the traveling
public 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.
Sect ion 8. This agreement and the covenants contained herein
shall be bi ndinq upon and inure to the benefit of the successors, heirs, (4)
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assigns, and transferees of Property Owner, shall run with said real
ProwW, 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 is imposed is described as follows:
Lot 10 of Wilsonia Tract, in the City of Carlsbad, County of San Diego,
State of California, according to the Map thereof No. 2169, filed in the
Office of the County Recorder of San Diego County August 13, 1929.
EXCEPTING THEREFROM the Northwesterly 60 feet of the Northeasterly 130
feet from the above described parcel.
(5)
..- _. .
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Section 10. The required improvements to be constructed and
the estimated costs thereof are as follows:
Improvements MS 394
Curb & Gutter Lin. Ft.
Portion of Street Lighting Lin. Ft.
Estimated Costs
$ 448.00
260.00
Site Preparation L.S. 150.00
Grading Cu. Yd. 59.00
Surface & Base Course S.F. 967 .OO
5' Sidewalk S.F. 470.00
Engineering & Contingencies. 15% 353.00
TOTAL COST $2707.00
Dated: g-r-79
/wJkF. mmAuA. 'Property Owner
CITY OF CARLSBAD, a Municipal
L
STATE OF CALIFORNIA ) ,::
) ss. COUNTY OF SAN DIEGO )
On before me the undersigned, a Notary Public appeared Paul'D. Bussey, known to me of Carlsbad, a ??lunicipal .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
\'k. Nb -'.
-\ C' -y Attorney
TO 447 CA (4.73)
(Individual)
, STATE OF CALIFORNIA
COUNTY OF Sa h D le’Q 0
. ATICOR COMPANY
ss.
t
On 30-e L ‘frh 1979 I before me, the undersigned, a Notary Public in and for said
State, personally appeared AIleh R. /Y67VbS arrd frd-E(Ie,
zC16rrr’s
: .
u , known to me
to be the person -c whose name-s ape subscribed
to the within instrument and acknowledged that executed the same. I?A “7
WITNESS my hand and official seal.
Signature drwL &. AQb-
I Ann F. Beah
Name (Typed or Printed)
(This area for olllcial notarial seal)
-
MS 394
FUTURE IMPROVEMENT ESTIMATE
In the event the two parcels come under separate ownership, the improvement
estimates will be as shown:
IMPROVEMENTS
Curb & Gutter Ft.
Portion of Street Lighting Ft.
Site Preparation L.S.
Grading Cu. Yd.
Surface & Base Course S.F.
5' Sidewalk S.F.
Engineering & Contingencies 15%
TOTAL COSTS:
ESTIMATED COSTS
Parcel #l Parcel #2
(69.5' frontage) (20' frontage)
$ 348.00 $ 100.00
202.00 58.00
117.00 33.00
46.00 13.00
751.00 216.00
365.00 105.00
$ 274.00 $ 79.00
$2103.00 $ 604.00