HomeMy WebLinkAboutMS 533; Sprangler, Raymond; 82-223209; Future Improvement Agreement/ReleaseI q if ‘3 r;p, 1 N G R I: Q Ll E S T E D B Y ;:J )
PIHEN RECOlIi)ED :.:;I! L 1-G: )
82-223209
City of Carisbad
1200 Elm Atenuc
Carlsbad, CA g 2.008 5% JUt 2 I PII I: 22
Space above this line for Recorder’s
use
$No fee
-
firm name
termi ni ng tax-
City of Carlsbad
Parcel No. 20740049
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
, . .
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as "City", and Raymond G. Spangler, as
hi,s sole,.and separate property - -.
.
hereinafter referred to as "Property Owner" *
RECITALS:
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 public improvements hereinafter
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
attached hereto and incorporated by reference herein require certain _ I
improvements and dedications as a condition of approva! of this
Minor Subdivision No. 533 ; 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
(I)
T .’ . ..e..... w.,-.. .,. .- ..--..e..- “-_“.. .--.-.. . ~ . . .-.“. . .o -- .- I ,.-_ *-. _ _... 5 .- -- _..... -. ..-.,,-. .-..,, ._ ;. 88 e
.
- :~-
.,
e
.
I . 15lO --.
said Minor 'Subdivision No. 533 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
fol lows:
.
Section 1. That City agrees to record any irrevocable offers
of dedication made by Proper.ty Owner for Minor Subd’ivision ~0. 533
Sect ion.:!. 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 specif i-
‘cations approved by the City Engineer within 60 days after written . *
demand so to do by City. Property Owner shall not be .requi r*ed to make .
said improvements -before June 1, 1982 or w-ithin such further period
. of time as is granted by City, provided, however, that upon the happening
of either of the fol lowing .occurrences said improvements may, at the sole
election of City, be requi red to be made sooner than sA id date or such
extended period of time which may have been granted by City: .';
(a) Wilen 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 pet it ioned the Ci-ty to form an
improvement district for the ‘improvement of said streets.
Said improvements shall be made without cost or expense to
City. City est.imat’es that.the cost of, engineering and construction of
said improvements at the time of signing this contract is $32,680.00 . .
Property Owner hereby acknowjedges that sai,d 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. ’
Sett ion 3. That for the faithful performance of the promises
, . ‘, . 1 #/. (2)
f
,,.. e..q . _ ‘P‘-“-” . . I I.... ,...l..m.l*.IC ‘-,-.~..~_....,__(. L. ,-c..rlr-r ..- .-. -.-- *.. .-...P^.-.-. . . ..-_.... --. . ..-_ ..-- .-....f...r.___ ., __..._-_._.. _ . . . . . . . ,- r .
. . . _ ,.
1
.
-,A 1511
and covenants herein contained, Property Owner hereby grants to City a
lien upon the hereinafter described property in the amount of $32,680.00 ,
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 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 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
su&essors, heirs, assigns, or transferees immediately upon compl-etion
’ 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 saF;d improve-
.ments, and foreclcse’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 attorne.y’s fees as a cost in said’ proceedings.
Sect ion 4. That it is agreed that anyttiing.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 l’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’s result of a foreclosure or
: (3)
F -.,“v* w,. - .-_ I’- --- I._ ..- -___c- . . . . *-,,--.“-+--w. mm..-,- ..-.a - .-’ _“. -._..- _ *-.~ ._-_._. w-a.- . . . . . _..._. -..- _..^_ _.* _. . .- .,-. M.
.
’ . . . .) tj 151.2’ *-
c rustties’ sale.of any stich 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 ;hay
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 i’t as to which sa.id
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 i’on 6. Said City shall not, nor shall any officer or
em’ployee thereof, be liable or responsible for any accident, loss or
. da’mage 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-fice
‘any persons or property injured
but all of said liabilities sha
his successors, heirs,. assigns,
r or employee thereof, be liable for
by reas’on of said work or improvements,
11 be assumed by sa’id Property Owner, and
and transferees, and they shall save the
City harmless from, and indemnify the City against, any and all claims,
s.uits 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 Owr,er, 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 arisi,ng out of, the use of any .
patent or patented article in the construction of said improve’ments.
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
publ.ic of any dangerous or defective conditions of pub? ic 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 ’
shalt be bindinq upon and inure to the,benefit of the’successors, heirs, (4) 6 8 .., uI ,.,. /P,-l- i ...q.,e+.&). -_. . r,.ln”,..l ‘&..‘.... rs....l-.r.~~-rr ;. ,_ “,.. . .._. s .“._, -,-__ ,:,I - ,.,-. - . _
$
-_ ._l_-.- -... ..w.......*.. . ..e#.--._.e. .-.-. . .
‘,’ .
I .
,I ‘..
assigns, and transferees of Property Owner, shall run with said real
property, and create an equitable servitude upon said real property.
Sect ion 9. A description of the prOpel-ty referred to herein
and upon which said lien is imposed is. described as’follows:
See Exhibit “A” .
.
1.
,,m,, . .a,,. . . --., .-.-.. .+-.“< I _.--._.. __* .____. i -._. -“--.a .-_.-. - _... ^_ L..... w-w- -_-_-._ - .__._ ___-__- -” _,_- ““^.. ., me.- . _- ..-._... ..,.
\
[
-.
. .
1 .’ : .
I ‘.
Y
1514 I
section 10. The required improvements to be constructed .
the estimated costs thereof arc as follows:
Improvements . .
Curb
Sidewalk
A-C. Paving
Base. Course .
Street 'Lights
Street Trees
Site Prep
Engineering & Contingencies
Dated: -vu2 , ~~~gz- / I
‘.
.
i STATE OF CALIFOR.iHA ) ) ss.
Estimatrjd Costs
L.F.
S.F. $ y;.g
S.F.
S.F. .'
8:104:00
6,078'.00
L.F. 3,.107.00 - -
EA 42Cj.00
. L.S. 2J85.00. .
1'5% 4,250.OO
$32,680.00
TOTAL COST $ 32,&80.00 . '
*
. ..* . . . . . . .
. -
CITY OF CARLSBAD, a Municipal Corporation of the State of
;=Jrn&?)&&9&
FRANK D. ALESHIRE, City b&-qer r.. . . . I
COUNTY OF SAN DIEGO )
On 19 . MP& before me the undersic$ec?, a
Notary Public i andjfor said State , poisonally 'appeared Frank. D, Aleshire,
known to me to the City Nanager of the City of Carlsbad, a Municipal
Corporation of the State of California, known to me to be the person who
executed the within instrument on behalf of said Municipal Coxporation, and acknowledged to me that such City of Carlsbad, California, executed . ,tlxe same,
. l$ITNESS my hand and official seal. '
APPROVED AS TO FO
ViG6-F.. Diondo, Jr.
City Attorney
Prwpl Office In 2..- ,-I:““. r‘-. -L
(h'otarial. acknowl.eclgcmen't: of cxccution of oplncxss must bcr att:.lchcd) _
-G-
-.
STATE OF CALIFORNIA
COUNTY OF-.&~ Diem > ss.
On June 4. 198~ before me,
the undersigned, a Notary Public in and for said County and State,
personally appeared - - - RWond G* Spangler -
- - - ,-known to me .
to be the person--&-whose name Is subscribed to the
within instrument and acknowledged that he executed the
same.
MO b
FOR NOTARY SEAL OR STAMP
.: .
I , .-.. -.
1516
EXHIBIT "A"
All that portion of Lot “I” of the RANCH0 AGUA BEDIONDA, in the County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County ‘Recorder of San Diego County, November 16, 1896,
deecribed as follows:
Commencing at the intersection of the Westerly line of Lot “I” of RANCH0 AGUA HEDIONDA and the center line of Monroe Street, as shown on Map of Thum Lands
No. 1681, filed in the County Becorder’s Office December 9, 1915 said point
being also the most Northerly corner of Bella Vista, according to the Map thereof No. 2152, filed in the County Recorder’s Office, March 7, 1929; thence South 28’39’ East, along the Easterly line of said Bella Vista, 397.56 feet to an angle point; thence South 26’11’ West, 520.04 feet to the most Southerly corner of the land conveyed by the Wm. G. Kerckhoff Company. to B. W.
Poindexter, by Deed dated June 30, 1941 and recorded in Book 1221, page 14 of Official Records of San Diego County; thence continuing along said Easterly line of Bella Vista line; thence South 63’49’ East, 25 feet to the Northwest
corner of Block “H” of Bella Vista; thence South 86°50132” East, along the
Northerly line of the land conveyed by Wm. G. Kerckhof f Company to John T.
Curtis, et ux, by Deed recorded in Book 1497, page 129 of Official Records of said San Diego County, a distance of 217.31 feet to the Northeast corner of
said Curtis land; thence South 26’11’ West, along the Northeasterly prolongation of the Easterly boudary line of said Block **H’*, 85.00 feet to the
Northeasterly corner of Block “8” of said Bella Vista; thence along the
Easterly line of said Block ‘?I”, the following courses and distances:
South 26’11’ West, 52.82 feet;
South 4’57’ East, 778.86 feet;
South 17’03’ West, 495.19 feet, to the most Southerly corner of said Block
“H” ; thence along the arc of raid curve concave to the Was t, said curve being
the Easterly line of Park Drive, having a radius of 425 feet which eaid radius bears South 71*02’ West, through a central angle of 16°10117” a distance of 119.95 feet to the most Northerly corner of the land deocribed in the Deed to
Adolf P. Larsen, recorded in Book 1484, page 147 of Official Records of the
land deecribed’in the Deed to Adolf F. Larsen, racorded in Book 1484, page 147 of Official Racorde; thence South 45*52’10” Eart, 1308.37 feet to the moat Easterly corner of said Laesen~rr Land, and the TBUE POINT OF BEGINNING; thence South 43’51’33” Wast, 364 feet to the most Easterly corner of Lot 4 of said Block “P”, being the wet Southerly corner of raid Laesen*r Land; thence along
the Easterly line of raid Block “F”, South 26.58’ East, 291.92 feet to an
angle point; thence South 1S010~30” West, 205.67 feet to the most Northerly corner of the land described in the Deed to the Carlabad Mutual Water Company,
recorded in Book 1463, page 205 of Official Records; thrnce South 46’08’30” East, along the Northeasterly line of said Water Company’s Lend, 689.29 feet
PAGE 1 of 2
‘4 , ,.. ‘I. . ‘b -
I. t
-.
EXHIBIT "A" w7
to the Northeast corner thereof, being an angle point in the line described in the Deed to W. S. Kelly, recorded in Book 1404, page 81 of Official Records; thence Northwesterly in a straight line to the TRUE POINT OF BEGINNING.
Excepting therefrom that portion of Lot “I” described as follows:
Beginning at a point on the Easterly boundary of Bella Vista, according to Map thereof No. 2152, filed in the Office of said Recorder, distant thereon, South 1S”10’30” West, 22.80 feet from the most Southerly corner of Lot 5, Block F of
said Bella Vista, said point also being an angle point in the Northeasterly
boundary of Shelter Cove, according to Map thereof No. 5162, filed in the Office of said Recorder; thence South 46'08'27" East on the Northeasterly
boundary of Shelter Cove, 451.31 feet to a Point of Intersection with a curve,
concave Southwesterly, having a radius of 331.00 feet, a radial line through
said point bears South 66’43’16” West; thence Northwesterly along said curve,
through a central angle of 22’51’43”, an arc distance of 132.07 feet; thence
tangent to said curve, North 46'08'27" West, 336.93 feet to the said Easterly boundary, 29.64 feet to the Point of Beginning; as granted to the City of
Carlsbad, by Deed recorded August 26, 1963 as File No. 151808 of Official
Records.
ccs /mb
PAGE 2 of 2
-