HomeMy WebLinkAboutMS 426; Stauss, Robert and Jane; 82-088970; Future Improvement Agreement/Release. 1 . .
I . RECORD ING i?EQUESTED BY - <ID )
1 74 ‘r-4 i-i f a;-Ti?ECORDED MAl L TO:
City of Carlsbad
1200 E lm Avenue
Carl sbad, CA gzoo8
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Space above this 1 ine*far Record =fEa--
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Documentary transfer tax: $No fee
Signature of declarant determining tax-
firm name
City of Carlsbad
parcel No, 207-120-37
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and
ROBERT E. STAUSS and JANE STAUSS 4 husband and wife as joint tenants
hereinafter referred to as "property Ownerta
REC I TALS:
-.
WHEREAS, Property Owner has applied to City for a
Minor Subdivision
for the real property hereinafter described, now under Property Owner’s
:: 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 pub1 ic improvements hereinafter
described are constructed and certa n irrevocable offers of dedication
are made to City; and
WHEREAS, the Municipal Code of City and Section 20.28.060
.
attached hereto and incorporated by reference herein require certain _
improvements and dedications as a condition‘of approval of this
Minor Subdivision No. 426 ' ; .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 +&-IEREAS, Property Owner, n
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ideration of the approva cons
1 1
. / . . s
,‘JL 1 ’
ia id &nor Subdivision No. 426’
75 -
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
follows:
Section’ 1. That City agrees to record any irrevocable of,fers
of dedication made by Proper,ty Owner for Minor Subd'ivision No.426
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 cons t rutted, said improvements in accordance with plans and. specifi-
I cations approved by the City Engineer wi’thin 60 days after written #
demand so to do by City. Property Owner shall not be required to make
said improvements -before January 1, 1983 or w-ithin 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 t,o be made sooner than said date or such
extended period of time which may have been granted by City: :L
(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 5O%*of the frontage, between
intersecting streets on both sides of the street upon which the property
herein described has frontage, have pet it ioned the City to form an
improvement district for the improvement of said streets.
Said improvements shalj be made without cost or expense to
City. City estimates that. the cost of engineering and construction of
said jmprovements at the time of signing this contract is $5,962.00. . .
P.roperty 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
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and covenants herein contained, Property Owner hereby grants to City a
1 ien upon the hereinafter described property in the amount of $5,962.(M) ,
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 fai 1 to install
and construct said improvements in the manner and within the time speci-
fi.ed herein, he ag,rees 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 h’is 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 Ow’ner, his e
Su&essors, 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.
(b) Direct the City Engineer to estimate the cost of necessary
engineering, and the work required to install and construct s,aI.;d 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
P.roperty dwner, 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 de’ed of trust for value which
has been or may in the future be executed 6y 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 1 ien 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- a
inafter described is acquired by or as a result of a Foreclosure or
(3)
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f l-us ?;des ’ sale of any sLich 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 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’
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 offi.cer or 4
employee thereof, be liable or responsible for any accident,. loss or
. dainage 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 li-abilities of or to any person or property injured or claim-
i,ng 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 arisilng 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 ?o pay for such inspection of improvements
as may be required by the City Engineer of. C.ity.
Sect ion 8. This- agreement and the covenants contained herein I
shall be bindinq upon and inure to the benefit of the’succcssors, heirs, (4) I 1
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assigns, and transferees of Property Owner, shall run with said rea 1
prowrty, and create an equitable servitude upon said real property .
Sect ion 9. A description of the ‘property referred to herei
and upon which said lien is imposed is described as’follows: .
. I
. . .
Parcel 1 and’ 2 of Parcel Map No. }zOl6 .
.
(5)
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Section 10. The required improvcmznts to be constructed and .
estimated costs thereof are as follows: 'r
Improvements ._ Estimated Costs
Removal of Existing A.C. Berm
Concrete Curb & Gutter
Concrete S.idewa1.k -
Construct driveway
Construct A.C. Pavement & Base
A.C. Dike
Sewer Lateral
Water Lateral
Street Tree . . .
Lump Sum
145 L.F
565 SF .
304 SF'
1502 SF
32LF'
.l each
l.each
2 each
$ 200.00
1,233.OO
933.00 *
502.00
1,140.oo
176.00
500.00
400.00
50.00
plus 15% engineering and contingencies $ 778.00 ,
, .
STATE OF CAIJFOB.NIA )
) .ss.
CITY OF CARISBAD, a Municipal
Corporation of the State of
California
Byg24wbQ~
FRRW D, ALESHIPQ!, City EZmtrger : _. .
CO@STY OF SAN DIEGO ) .
I
On
Notary Public 'd p/‘&t /9/A ' before me the undersic&ed, a
for daid State, pe&onally 'appedred Frank-D, Aleshire;
known to me to be the City Manager of the City of Carlsbad, a Hunicipal
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
P --Jr. ,."qc;~-;: Vincent 'F'.
.
City Attorney
*'
,
(Notarial. acknowleclgcmen1: of exccutioa of owners mast bc: atttlchcd), '
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,
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STATE OF CMIFORNI~
COUNTY OF SAN DIEGO
3 OFFlCiAL SEAL
GlSElA HAUSER
w
2 Notary Public - Cdifomia
Principa, Offin, b
,F SW Megc County My Ccmmom Eaprur Jdy t let&
ACnNOWLEDGMENT-Genml-Wolcolts Form 22G-b. 344
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SS.
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80
ON March 22, ,19-s+
before me, the undersigned, a Notary Public in and for said State, personally appeared ---------_ ------------------------------------ , known to me,
to be the person% whose name .C:subscribed to the within Instrument,
and acknowledged to me that &hey executed the same.
WITNESS my hand and official seal.
u
cxt.bwx- ‘1
Notary public in and for trid We.