HomeMy WebLinkAboutMS 398; Burton, Rita; 79-408933; Future Improvement Agreement/Release.W‘ j ..,.: ) *‘*I.. . ‘ ~ ~ _ iL .., .z- z-1 i. y.. ,. : ., al .I .--a,% ,.s.. -‘.. :‘. r r:p >f ..,-, iP.i<G T!r$‘;iEjTED BY JrdIJ >
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firm name
City of Carlsbad
Parcei No. 205-052-09 --------- .-
CONTRACT FOR FUTURE PUBLIC IMPR3VEMENT~
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and
RITA L.-BURTON, a married w,oman as her sole and sep.arate
property
hereinafter referred to as "Property 3wner"
RECITALS: b
WHEREAS, Property Owner has applied to City For a
Minor Subdivision.- NO- MS sg8
for the real property hereinafter described, now under Froperty Owner’s
2.. ownership; and
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 public imppo*~;ements herei naf?.er
described are constructed and certain irrevocable offers of dedication
are made to City; and
WHEREAS, the Municipal Code of City and Section 20.28.060
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attached hereto and’ incorporated by reference herein require certain _
improvements and dedications as a condition of approval of this
Minor Subdivision No. 398 ; and
WHEREAS, Property Owner has requested said
Minor Subdivision I
be granted by City in advance of the time said improvements are to be
I made; and
l WHEREAS, Property Owner, in consideration of the approval of
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said Minor Subdivision . 398 desires to enter ir this agreement i3 &s
seturing the construction of said improvements, and City has determined
it to? be in’ the pub? Ic I ntcrcst 1: -- u t j -q C’ I‘r,:J to temporari iy fJOs~potle 5Ei id
construcrion;
NOW, THEREFORE, IT IS AGREtD be-tween the p;lrtirs hereto as
follows:
Sect ion’ 1, That City agrees to record any irrevocable offers
of dedication made by Proper,ty Owner for Minor Sad:ivision No, 398
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 instal’l and construct, or cause to be installed *
or constructed, said improvements in accordance with plans and specifi-
I 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 August 30, 1980 or w4thin 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 sodner than said date or such
extended period of time which may have been granted by City: ::
!a) When the City Councii finds that the c~cers of 49% 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.
l, (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 contracr is $5,669.00. .
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 estJmate.
Sei=tion 3. That for the faithful performance of the promises ‘
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and covenants ,herein’ contained, Property Owner hereby grants to City a
1 ien.upon .:he hereinafter described property in the amcrc*nt of $5,669.00)
plus any. future increases of cost in excess o,f this sum resulting from
increased engineer sing and construction costs, and in the extent Property
Owner, his suctiessors, heirs, assigns, or -transferees fai 1 to install
and construct said improvements in the manner and within the time speci-
fied herein, he agrees that City may do any or al 1 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 h’is employees may enter- upon any
portion o,r portions of the p.roperty 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 complet: ion
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.
(b) Direct the City Engineer to e’st’imate the cost of necessary
eng i neer..i ng, and the work required to install and construct s.ai,d improve-
ments, and forecldse said -lien In said amount.
(c) Pursue any remedy, legal or equitable (including those
specifidally 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 or purchase money 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 pur’chase 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
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t rus.tees’ jj 7 9 sale of any such purchase money mortgage or purchase monej
‘deed of trust,
Section 5 2 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 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 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 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 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 of.f icer 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 li.abilities 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
‘a.11 liability or claim because of, or arisi,ng 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.
Section 8. This agreement and the covenants contained herein
shall be bindinq upon and inure to the benefit of the successors, heirs,
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assigns, and transferees of Property Owner, shall run with said real
property, "and create an equitable servitude upon said real property.
9. Section A dcscr ipt ion c;f ti-1~ p\-op(~i-;y . rcfcrred to hzrctn
.and upon which said lien is imposed is described as'follows:
That portion of Lots 13 and 14 of Patterson's addition to
the Town of Carlsbad in. the City of Carlsbad, County of San Diego,
State of California, according to the Map thereof No. 565 filed in
the Office of the County.Recorder of San Diego County, September 22,
1888,.more particularly described as follows: s :. .
Beginning at a point in the Southerly line of Lot 13, distant :.-,
South 89 03'00" East 480.60 feet from the Southwest corner of Lot 12;"' .'
thence South 89°03'OO" East 241.85 feet, mRre 'or less, to the most
Easterly corner of Lot 1.4; thence North 34 31'30" West along the
‘_ .,,
NoGtheasterly line of Lot 14, 268.67 feet'to a point distant South '_
34 31'30" East 150.00 feet from the Northeasterly corner of Lot 14; *..
thence South 5i027'OO" West and parallel'with the Northwesterly'line ':
of Lots 13 and 14 a distance of 105.00 feet, Rare or less, to
intersection with a line which bear8 North 00 55'30" East from the
Point of Beginning; thence South 00 55'30" West 158.51 feet to the POINT OF BEGINNING.
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. c * MS 398 . .
PARCEL 1
Curb 200 LF x $. 5.00 LF
Gutter 100 SF x 1.60 SF
Sidewalk 1000 SF x 1.05 SF
Street Lights 200 LF x 2.90 LD
Storm Drain 1 each @ 1300.00
Site Prep 200 LF x 1.50 LF
Engineering and Contingencies 15%
$1000.00
160.00
1050.00
580.00
1300.00
300.00
658.00
$ 5048.00
PARCEL 2 *
Curb 35 LF x 5.00 LF $ 175.00
Gutter 17.5 SF x 1.60 SF 28.00
Sidewalk 175 SF x 1.05 SF 184.00
Street Lights 35 LF x 2.90 LF 101.00
Site Prep 35 LF x 1.50 LF 52.00
Engineering and Contingencies 15% 81.00 $ 621.00
TOTALS
Curb $1175
Gutter 188
Sidewalk 1234
Street Lights 681
Storm Drains 1300
Site Prep 352
Engineering G Contingencies 739
$5669
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* Section 10. ' The required improvements to be constructed and ,1_1
the estimate. costs thereof are as follows:
*=ovements ' Estimated Costs
$
SEE ATTACHMENT
:
TOTAL COST $
Dated: a-- /7- 79’
f$w~~
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? CITY ,OF CARLSBAD, a Municipal
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On before me the undersigned, a
Notary Public in 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 Car&bad, California, executed the same. \
.
* WITNESS my hand and official seal.
,
APPROVFD AS TO FOY:
,
(Notarial ackno&@&&f&&?C&&~~ on of owners must be attached)
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STATE OF California
ss.
TO IS47 CA tLI.74,
Wtomey in Fact - Individual)
STATE OF CALIFORNIA
ON A II 0 &’ s-t- /7 0 ,192x,
before me, the undersigned, a Notary Publjc in and for said State, personally appeared chhr/eq 7. LJ 1 / .S ~3 n
, known to me,
to be the person- whose name- /S subscribed to the within Instrument,
and acknowledged to me that -he- executed the same.
WITNESS my hand and official seal.
&nee E. 4ifuL-d
Not#rv P&iii in and for said State.
. . I
m nTuwsuRANcE AmTRusT 1 ss. A-- COUNTYOF San pi&q c ,
on Aue~,s4 17
personally a&cared j 7 7y
c Aa t- /e s
before me, the undersigned, a Notary Public in and for said State,
77 icb isoh
known to me to be the person- ,
z Attorney- in fact of R ; td subscribed to the within instrument, as the
Y x and acknowledged to me that&subscribed the name-
andA- own name- as Attorney- in fact.
WITNESS my hand and official seal.
Signature ti E _ ids-r/,
mis aN!a for Omcial not8rhl aml)
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