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Home My WebLink AboutMS 495; Marlin, John & Kathy; 81-075765; Future Improvement Agreement/Release. _- , . . RFQ4JESTtD f,v kL!Kl ; .‘5 6’j ‘f(EC(JjQJ 1 pJ[- b’$/ji~:’ -*~RECUWEO MA I L TO: . duty *of C3rlsbad 1 1200 E Ir!l .4verlue Carlsbadr CA gzoos ) . 1 ” 1 .-. ,/, I--’ 8 Space above this line for Recorder’s u s e Documentary transfer. tax: $No fee --7----- Signature of declarant determining tax- f i rm name City of Carlsbad Parcei No. 156-164-15 -- --- --7 CONTRACT FOR F!JTL!RE PUBLIC IMPROVEMENTS - , THIS AGREEMENT is made by the City of Carlsbad, a municipal corpora t i or:, herei$iafter referred to as ;‘Ci ty”, and John I-!. blarlin and Kathy L. Fb!arlin, husband and wife as joint tenants hereinafter referred to as "'Property Owner" RECITALS: WHEREAS, Property Owner has appl ied 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 public improvements hereinafter described are constructed and certain irrevocable offers of dedication J are made to City; and WHEREAS, the Municipa.1 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 &!incr Subdivision Xo. 495 -I ; anir WHEREAS, Property Owner has requested said Minor S-ubdivision be granted by City in advance of the time said improvements are to be made; and l WHEREAS, ,.Property Owner, in cons T (1) iderat ion of the approval of i . !a_ I _ , . . . -. . _ “--.s.s..3-t -.,-_-_--,---).“..-.-.-. - . _._ .-.- --- ,...- ..I.~-~.~.., ..I. a. “..,-* . . ..-..... I.“Cw.-.. - . . . ..--.. .-e.e. ..,, .-... I 0. 3- SI i said .hino> Subdivision X - 495 desi res to enter in 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, IT 1s AGREED between the parties hereto as fol lows : Sect ion’ 1 2 That City agrees to record any irrevocable offers of dedication made by Proper.ty Owner for Minor Subdivision No. 495 . 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- , cations approved by the City Engineer within 60 days after written demand so to do by City. Property Owner shall not be required to make said improvements -before January 1, 1982 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 sdid 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- setting 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 i,ntersecting 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 shail 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 $3,305.00 . 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 !* , . 1 i .L, (2) ’ .,.. ..-e.-..- .*.,*. . *.* vw‘.*,. . .-.- -,-. - .-*CI^II----.-Y-_--.--.--. -.-e-.” --..w? VS.” -“MI ---..-C- “..--..?...yw -.....-.- ..*... ?.a-+ I. , 1 ; 1 .^ l .o, .<1*_1 . ,” ., ,., ,.,.,. * I j 5” r-.a.- ..(_ . , . _,.~ * ^ . . ). f . . ._ / . .~.a* - . . . a,ild cbvenants herein conta i ned, Property Owner hercby grants to City a 1 ien upon .the hereinafter descriGec1 property in the amount of $3,305.0~ , plus spy future increas-es 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- fied herein, he ag,rees that City may do any or all of the following: (a) Have the necessary engineering for said improvements cione, and install and construct said improvements by contract or-other- wise. City or its contractor and h.is employees may ente’r upon any ,’ . ,. portion or portions of the property reasonably necessary for said 9 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. 1.n 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 sai.d impro:/e- ., 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 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 purchase money mortgage or p9urchase 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 pr as a result of a foreclosure or (3) .-,-...sJ-“r,--^.- .-“-w-w-~ ” a.Le-m.-..-.-y ..I__, -...-r,- __^-..---...---A. I ~. : *.. ,-,:)_ . - . t riitees’ sale of any such purchase money mortgage or purchase money % deed of trust. Section 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 t,he City Engineer, c 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 app?ies,, 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 occur-ring 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.ficer 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 sha 11 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 empl.oyees thereof from all liability or claim because of, or arisi,ng out of, the use of any - patent or patented article in the construction of said improvements. - Sect ion 7. It is further agreed that said Property Owner wi 11 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 imp,rovements as may be required by the City Engineer of City. Sect ion 8. This agreement and the covenants contained herein shall be bindinq upon and inure to the benefit of the successors, heirs, * (4) . .I - ’ , . . ‘I , ‘,,‘! . . : .: I...*.-F..rylrrr. ., ~.-.w*~“n.. .,-... w.Mpuo,..-n..“~. .c- --..~-.-.~*--rr.r*----..-~.-r-rr.”----.-.-.,- --... .--. .” .- -.-_. -- .-.. - ass’i cjns, and transferees of Property Owner, shall run with said real property, and create an equitable servitude upon said real property. . Secti 3. A description of tl3e property referred to herein ,and uipon which said ‘lien is inlposed is described 'as-follows: m LEGAL DESCRIPTION Order NO. 4754 All that port'ion of the Rurthwest Quarter of Section 6, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, St.ate of California, accordfng to Official Plat thereof, bounded by a fine described as follows: Beginning at 3 go?& irrc the Northerly lit7 e of Tract 117 in Carlsbad Lands, distant: thereon M;or"Lh 89O57' West, 147.01 feet from the Northeasterly corner of said Tract BIT, as shown on Map No. 1661, of Carl sbad Lands, records of San Diego Colm%y, thence North 0'53' West, 342.53 feet to the True Point of Beginning, said point being also the Northeasterly corner of that portion of said Norttisterly Quarter of Section 6, Township 12 South, Range 4 West, as comeyed ta_V %he South Coast Land Company to LnuisP. and Annie Hoffman, by deed dated AprJI 16, 1930 and recorded in Book 1763, Page 358 of Deeds; thence along the Northerly line of the land conveyed to HofFman,'South 89"52'38" West, 44.76 ,feet Ito the SouPheasterly corner of land described in deed to the City of Carlsbsd, recorded September 15,1965 as File NO. 167282 of Official Records of 5aid Ccunty; t.bence Northwesterly aloilg the boundary of said City of Carlsbad 1- a f-1 d , 3eing alon a 44.Ki foot radius curve, concave Southwesterly, a radial b!?ars North 8T52'3E1" East tc said psint. z distz;nce ary of land described in deed to Frank J: of 50.45 feet to the bound- Detra, et ux, recorded January 24, 196? as..Li.le NO. 113632 of Official Records of jai&County; thence along the boundary of said Detra Land, North 0'55' West, 282.31 feet, North 89"42!.15" East, 69.50 feet to a poirnt on the Northerly prolongation of the Easterly line of said Hoff- man's Land and South O"55' East along said prolongation 322.63 feet to the True Point of Beginning, Upon recordation of Kinv Subdivision 495 this agreement shall be binding upon parcel one only. . ; *,- f Secti?ou 'i.0, T1- required improvements tc . . the'estimated costs thereof are as follows: Improvements '. Curb Sidewalk .Asphalt Concrete Paving . . Sud Base '. Street Trees Engineering and Contingencies "_*. Dated: feb.S; 14%f . STATE OF CALIFOFWIA COUNTY OF SAN DIEGO 1 ) ss. 1 TOTAL COST I‘e constructed and Se8 Estimated Costs $ 595.00 577.00 742.00 910.00 50.00 431.00 3,305.oo s - K *;-&&. I- _ x ,’ . . Vroperty bwner CITY OF CARLSBAD, a Municipal Corporation of the State of California By 2dAu FRANK D. ALESHIRE, City ?&nager On 1 I . 19R! , before me the undersic$ea, a Notary Public in and for said! State, personally'appetired Frank-b. Neshire, known to me to be the City Manager of the City of Carlsbad, a Municipal Corporation of the State of California, known to me to be the' person who executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California; executed the same. . WITNESS my hand and official seal. . a ,City Attorney (Notarial acknowl.edgcment of exccutio:l of owners must be ;~tt;lchc:d) _ . 1 -G- STATE OF CALIFORNIA COUNTY OF San Diego OFFICIAL SEAL , 5 Denise Claire Blokker NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY MV Cnmmission ExDires Mar. 9, 1984 GENERAL ACKNOWLEDGMENT Form No. 16 ON ___________________________ ___-___ ______________.._ _ ______ hd-k!3!3~Y~~~~~ .--...-.-.--, 19~8!-, before me, the undersigned, a Notary Public in and for said County and State, personally appeared .--..-..--......--..----~D~--H.---M~LN-~~D--~~~-Y--~~~---M~~~~.N----------------------.-------------..--.. known to me to be the perso&-- whose name5 _____ BR _________ subscribed to the within instrument, and acknowledged to me that .t.heL executed the same. Notary’s signature .____._ &%,&k..kkkk&..~.~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . --. A *‘B . ta 3 ,30’ 570 FILE, - 8Hmnf$s; “1. ’ .SE t40. / 4 DO8K IZIsl . . RECDRDEU RE2UEST OF R FFlCiAL i<CGORDS .$A DIECO COtiHf’Y, CAr VERA I, LYLE RECORDER . , . @j TICOR TITLE INSUMNCE March 14, 1985 City Hall RECEIVED Attn: Ron Beckman 1200 Elm Ave. M? 15 1985 carlsbad, Ca. 92008 RE: Your: Kathy Marlin CITY OF CARLSBAD E”‘-ERM DEPARTMEN Dear Ron? This property is being refinanced and said Trust Deed will be in First Position. Sincerely, Bill Parker Seni r 'tie Officer I & 9 BP/w Ticor Title Insurance Company of California 220 “A Street. P.0 Box 1150. San DIego Cal,forma 921 12 (6191 239-6081 \ l _ ‘ ; ; ) 1 ,’ ; r. ; 1 1 NOTICE: INTEREST PRIORITY MENT. THIS SUBORDINATION AGREEMENT RESULTS IN IN THE PROPERTY BECOMING SUBJECT TO AND YOUR SECURITY OF LOWER THAN THE LIEN OR SOME OTHER OR LATER SECURITY INSTRU- I. FOR VALUE RECEIVED, the undersigned, as holder under the SUBORDINATION AGREEMENT Lien Contract described in Paragraph II does hereby subordinate the lien thereof to the lien or encumbrance described in Paragraph III. The real property affected hereby is described in Paragraph IV. : _ This Agreement shall inure to the benefit of the set forth in Paragraph III, and shall bind the heirs, and assigns of the undersigned. A Contract for Improvements in Public Right of Way by and II. parties successors between The City of Carlsbad, a Municipal corporation and John H. ,. . _ Marlin and Kathly L, marlin, recorded March 12, 1981, Recorder's File No. 81-075765. III. A Deed of Trust dated January 30, 1985, in the amount of $100,000.00, executed by John H. Marlin and Kathy L. Marlin, r -.-e-c- - 4-, . husband and wife, to Cal-West Mortgage Co., Inc., Trustee, in favor of U.S. COmimnity Savings Bank, to be recorded concurrently here- with. r IV. Parcel 1 of Parcel Map No. 11168, in the City of Carlsbad, in the County of San Diego, State of California, filed in the Office of County Recorder of San Diego County April 3, 1981, as File No. 81-102544 of Official Records. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES TBAN IMPROVEMENT OF THE LAND. THE CITY OF CARLSBAD, a Municipal corporation BY: x City Manager BY: L EL-i- City Engineer -2- > .* . . _ .- . . . I zy&/ KNOW I FS - I R.S. 691 I.. WV-_ : -- pa - .A,. m:): M/ 0’ IOl.Oi ~7Z.SL(D.I _ , a 1 * : I, 69SlSr; 60.5. I-- . . . . . . . h+ 1 3 ? PAR. A CD cc LO II PAR. D ,O 43 3 i !R C 0 41 I ‘$ PAR I f -‘J.’ w _- .-I .dO50 , c>, STRATFORG -r 242. ni . . - ‘7’ 24 1 r- >‘z -?a !L.," I 1"C, \ : b PAL 0 33 60.50 -Yczzz 9 i 57 3 CbOPC. PAR I i ; + R.Slba’ i * ,ZI.Ql ,l lb 1 ~~~~~~~~ 1 Z/.6/ I - .!2/. #I’ I +5tO #4 -+SO-04\.j&*j,OJ -- - ilAb? esc:.es Am057’-- N.E. COR. TCT. 117yS9 MAP le6l - ‘-.- i \ 5 i U iI .- c li: a-. i * .! ; :- t 2’ 1 . I DETAIL \ NO SCALE 5 &'9025'23~C' I _ . 92.96 ST 3lz.69 W ID, *- . . .._. ~ _._.__.-. . . . . . -.-------,- /Jff9*21’23*W - WRITE IT-DON'T SAY aa INTER-DEPARTMENT MEMuRANDUM FROM WlLMER SmvIcE” UJm 5TINDARD ,NTER DEPT. MEMO FORM 1 I -*4-m