HomeMy WebLinkAboutMS 538; Kellett, Cyril & Joanne; 81-399743; Future Improvement Agreement/Releasel?.-~;;Jr:~! I-:j!; J;r.(li:ES-JED t;y - ID )
lhjEN EECCN?Eti MAIL TO: +)..o
Ci’ty of Carlsbad
1200 E im Avenue
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C.arlsbad, CA 92008 >
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836
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Off- ,\;I& iiEC;GRDS S&K DIECC CCUKTY.CA , VERAL.LYLE MCORDER
Space above this line for Recorder’s
use NO :a
Documentary transfer tax: $No fee
Signature of declarant determining tax-
firm name
City of Carlsbad
Parcel No. 156-120-30 &. 59
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
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THIS. AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and Cyril I?. h JO Anne D. -Kellet, as trustee, or any successor trustee, under tht certain declaration of, trust,.dated September 16, 1976, and created by Cyril F. Kel'lett and '50 Anne b. Kellett, as trustors and Edna May Palkowski, a widow, as oftner
hereinafter referred to as "Property Owner" .
RECITALS:
WHEREAS, Property Owner has applied to City for a
Minor Subdivision No. 538
for the real property hereinafter described, now under Property 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 pub1 ic 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 _
improvements and dedications as a condition’of approval of this
Minor Subdivision IJo. 53% ; 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 :
= titiE~~As, Property Owner, in consideration of the approval of,
0) I.
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sa,id Minor Subdivision No. 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
construction;
NOW, THEREFORE, IT IS AGREED between the parties hereto as
follows:
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Section. 1. That City agrees to record any irrevocable offers
of dedication made by Proper,ty Owner for Minor Sed’ivision ~0. 538
Sect ion2. 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, 1983 or &thin 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 requi red to be made sooner than said date or such
extended period of time which may have been granted by City: ::
‘(a) Wh en 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 petit ioned the Cizy 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 $7375.00 .
Property Owner hereby acknowledges 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. ’
Sect ion 3. That for the faithful performance of the promises
. . ’ , . I I6 . (2)
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and cbvenants herein contained, Property Owner hereby grants to City a
lien upon the hereinafter described property in the amount of $7375.00,
plus any future,increases of cost in excess ofthis 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, ;jlnd 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”.sa id 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
eng i neer i ng, and the work required to insta.11 and construct sai;d improve-
ments, 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 attorne-y’s fees as a cost in said’ proceedings.
Sect ion 4. That it is agreed that anytRing.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 lien hereby created
shall be and is, hereby subordinated to and declared to be inferior and
subsequent in 1 ien 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- ’
inaftcr described is acquired by or as’s result of a foreclosure or
(3)
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. t:r’us ties ’ sale of any stich purchase money mortgage or purchase money
deed ‘of trust.
Sect ion 5. That at any time during the period herein provided,
t.he Property Ow.ner, 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 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 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.ficer or employee thereof, be 1 iable for
‘any persons or property injured by reas’on of said work or improvements,
but all of said li’abilities shall be assumed by sa’id 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 Owr;er, and his successors, heirs, assigns, and transferees, further
agrees to protect said City and the officers and kmployees 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.
Section 7. It .is further agreed that said Property Owner will
atsal times up to the completion and accehtance 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, (4) . , -s ! ‘.
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assicjns, and transferees of Property Owner, shall run with said real
property, and create an equitable servitude upon said real property.
Sect ion 9. k description OF the property referred to herein
and upon which said lien is imposed is. described as’follows:
See Exhibit 'A'.
.
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(51
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. Ection 10, Tho required improvements to be constructed and . *
the estimated costs thereof arc as follows: '\
Improvements ', -
Curb Sidewalk A.C. Paving Base Course Street Trees Street Lights Engineering & Contingencies
Estimated Costs
L.F. $ 1,385.OO
S.F. 1,425.OO
S.F. 975.00
'S:F. 715.00
.EA 200.00
EA 2;ooo.oo - -
10% 675.00 .
$7,375.00.
.
ToTAL COST $ .
Dated: Id -/y-/p&7
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CITY OF CARLSBAD, a Hunicipal Corporation of the State of California
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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) ss.
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Byjjiij&&&j~
FRANK D. ALEsfIIr;E, City &nqer
. _. ‘. .
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On .'NotaKy Public /B /sP/ before me the undersi&ed, a said' State, peisonally .appetired Frank-D. Aleshire, 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. .
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$?ITNESS my hand and official seal. *
+7!LLuLn e&A .
JJ..&ywvtc &GL&&.g; _- - -
og.$& . . . #y Propert Owner -
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‘APPROVED AS !@j FOR&:
City Attorney
(Notarial r~ckno~~1cc'lgcmen.t: of cxccution of owners ml\st bc: attachcxl) _
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STATE OF CALJFORNIA ss.
COUNTY OF SAN DIEGO
ON December 14, ‘19BL i
before m;d;~un~igned, a Notary Public in and for said State, personally appeared av Palkowskl (’
, known to me, /I
to be the person- whose name is-subscribed to the within Instrument, ii
and acknowledged to me that she- executed the same.
II
WITNESS my band and official seal. 1;
I!
ACWNOWLEDCMENT-Gtn~nl-Wolco#r Form tllc-llrr. 3.64
STATE OF CALIFORNIA,
f
SS.
COUNTY OF SAN D/EGO
ON December 15, ,lgB1
before me, the undersigned, a Notary Public in and for said State, personally appeared
?n.ne n. xellstt , known to me,
to be the persons_ whose names subscribed to the within Instrument,
and acknowledged to me that &hey_ executed the same.
WITNESS my hand and official seal.
AC~NOWLEDGMLNT--GenrrrCWolcott~ Form ZZG-Rn. 344
g&. &ti
Notary Public in md for srid SW.
‘WE LAND REFERRED JO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIAt COUNTY OF SAN OIEGOI AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF TRACT 5 OF LAGUNA 4ESA TRACTS, IN TN CITY OF CARLSRAD,
IN JHE COUNTY OF SAN DIEGO+ STATE OF CALlFORNIAv ACCOROING TO MAP THEREOF
NO. 1719 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN CIEGO COUNTY*
3UNE 20. 1921. DESCRIBED AS FOLLOdS:
BEGINNING AT THE SOUTHEAST CORNER OF SAIO TRACT 5; THENCE NORJH O-02’
WEST ALONG THE EAST LINE OF SAID TRACT* L20.20 FEET: THENCE NORTH BQ59’
WEST 296.48 FEET JO A POINT ON THE EAST LINE OF THE LAND CONVEYED JO W. J.
HUSSON TUCKEJT, ET UXv BY DEED RECOROEO FEBRUARY ZOt 19379 IN 5OOK 627,
PAGE 12 OF OFFICIAL RECORDS; THENCE SOUTH 0’02’ EAST ALONG SAID EAST LINE
120.LO FEET JO THE S0UJt-j LINE OF SAJD JRACJ 5; THENCE ALONG SAID SOUTH
LINEI SOUTH 89- 59. EAST 296.48 FEET JO THE POINT OF BEGINNING.
EXCEPTING FROM THE ABOVE THE WESTERLY LOS.00 FEET.
ALSO EXCEPT THAT PORTION OESCRIBEO IN A DEE0 TO THE CITY OF CARLSBAD-
RECORDED JUNE 169 1965~ REC0RDER.S FILE NO. 107334 OF OFFICJAL RECORDS,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF TRACT 5 OF LAGUNA HESA TRACTS, ACCORDING TO MAP THEREOF
NO. 1719. FILED IN JHE OFFICE OF COUNTY KECORDER OF SAN OIEGO COUNJYv
JUNE 20~ 1921~ DESCRIBED AS FOLLO’dS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 5; THENCE NORTH 0’02’00”
WEST ALONG TNE EAST LINE OF SAID TRACT. L20.20 FEET; THENCE NORTH
89’59~~0” nEST 25.00 FEET; THENCE SOUTH 0’02’00” EASTI 85.19 FEET JO THE
BEGINNING OF A TANGENT CURVEI CONCAVE NORTHWESTERLYI HAVING A RAOIUS OF
LO.00 FEET; THENCE SOUTHERLY AND WESTERLY ALOf’JG SAID CURVEI JHRCIUGH A '
CENTRAL ANGLE OF 90'03'00"~ AN ARC OISTANCE OF 15.72 FEET; THENCE SOUTH
0-01'00" WESJt LS.00 FEET JO THE SOUTti LINE OF SAID TRACT 5; THENCE SOUTH
89’59*00- EAST ON SAID SOUTH LINE* 35.03 FEET JO TtiE POINT OF 8EGJNNING.
EXCEPT THEREFROM THE EASTERLY 20 FEET AND THE SOUTHERLY 20 FEET.
ALSO EKCEPJING THEREFROM THE INTEREST CONVEYED TO THE CITY OF CARLSBAD
FOR STREET IMPROVEMENT PURPOSES BY DEE0 RECOROEO MARCH 15r 1979
REC0RDER.S FILE NO. 79-109041 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS:.
A PORTION OF TRACT Sr LAGUNA MESA TRACTS, CITY OF CARLSBADt
COUNTY Of SAN DIEGO, ACCOROJNG TO MAP THEREOF NO. 1719r FILED
IN THE OFFICE OF COUNTY RECORDER OF SAN OIEGO COUNTY MARCH 219 192J’ANO
MORE PARTICULARLY DESCRIBED AS f-OLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF TRACT 5 (BEING THE INTERSECTION Of
THE CENJEP LINE OF BUENA VISTA AVENUE AND JHE EASTERLY LINE OF TRACT St AS
1081742 PAGE 5
-. -_
L
< - J ‘, 4 :- * . ’
‘SHOWN ON RECORO OF SURVEY HAP NO. 6676; THENCE NORTH 89’59°00” WEST- 35.03
FEET ALONG THE CENTER LINE OF BUENA VISTA’ AVENUE; THENCE NORTH O-01’ EAST*
20.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89- 59’00” WEST*
162.48 FEET; THENCE NORTH 0’02’ WEST, 5.00 FEET; THENCE SOUTH 89‘59*00-
EAST* 162.48 FEET; THENCE SOUTH O’Ot* WEST, 5.00 FEET TO THE TRUE POINT
OF BEG INNING.
PARCEL 2:
THAT PORTION OF TRACT 5 OF LAGUNA NESA TRACTS* IN T&E CITY OF CARLSBACh
IN THE COUNTY OF SAN DIEGO* STATE OF CALIfORNtAr ACCORDING TO MAP THEREOF
NO. 1719~ FILED IN THE OFFICE OF COUNTY RECORDER OF SAN OtEGO COUNTY,
JUNE 209 19219 DESCRIBE0 AS COMMENCING AT A POINT ON THE EAST LINE OF
SAID TRACT 5 DISTANT THEREON NORTH O-02. UEST 120.20 FEET FROM THE
SOUTHEAST CORNER OF SAX0 TRACT 5; THENCE NORTH 89-59’ WEST. 296.48 FEET TO
A POINT ON THE EAST LINE OF LAND CONVEYED TO W. 3. HISSON TUCKETT ET UXv
BY OEEO RECORDED FEBRUARY 201 1937, IN BOOK 627. PAGE 12 Of OFFICIAL
RECORDS; THENCE NORTH O-02’ WESTI 100~19 FEET ALONG SAID EAST LINE TO A
POINT ON THE SOUTH LINE OF LAND CONVEYED TO JAMES HORNBECK ET UXT BY DEED
RECOHDED FEBRUARY 25r 1929r IN BOOK 1601~ PAGE 90 OF DEEDS; THENCE SOUTH
89’59. EAST ALONG SAX0 SOUTH LINE OF HORNBECK’S LAND 296.48 FEET TO THE
SAID EAST LINE OF TRACT 3; THENCE SOUTH Q-02 EAST ALONG SAIO EAST LINE
LOO.19 FEET TO THE POINT OF COMMENCEMENT,
EXCEPTING THEREFROM THE WESTERLY 105.00 FEET OF THE ABOVE DESCRIBE0
PARCEL OF LAND.
AtSO EXCEPTING THEREFROM THAT PORTION QUITCLAIMEED TO THE CtTY OF CARLSBAOe
A MUNICIPAL CORPORATION, BY QUITCLAtH DEED DATED JUNE 239 19651
RECORDED JULY 30, 1965~ RECORDER’S FILE NO. 136965, DESCRIBE0 AS
FOLLOWS:
BEGINNING AT A POINT IN THE EAST LLNE OF SAID TRACT 5 DISTANT
THEREON NORTH 0’02’00” WESlt 120.2U FEET FROM THE SOUTHEAST
CORNER OF SAID TRACT 5; THENCE CONTINUE NORTH 0’02’00” WEST ON
. SAID EAST LINEI 100.19 FEET; THENCE NORTH 89.59’00” wESTe 25.00
FEET; THENCE SOUTH O’OL*OO” EAST* LOO.19 FEET; THENCE SOUTH
89’59*00” EAST, 25.00 FEET TO THE POIYT Of BEGINNING.
EXCEPTlNG THEREFRON THE EAST 20.00 FEET.
tU81742 PAGE 6