HomeMy WebLinkAboutMS 546; Jasmer, Leonard and Gail; 81-286623; Future Improvement Agreement/Release. .
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City of’ Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
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City of Carlsbad
Parcel No. 205-060-l 4
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C'ONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, he.re,inafter referred to as “City”, and
Leonard J. Jasmer and Gail M. Jasmer, husband and wife, ks joint tenants . *
hereinafter referred to as "Property Owner"
RECITALS:
WHEREAS, Property Owner has applied to City for a
Minor Subdivision No. 546
for the real property hereinafter described, now upder 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 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.~cMp ; 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 .
(1) .
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sa id Minor Subdivision No. 546 desires to enter into this agreement
securing the construction of said improvemen-ts, 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:
Section 1. That, City agrees to record any irrevocable offers
of dedication-made by Proper.ty Owner for Minor Sad‘ivision ~0,
. 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 install. and construct, or cause to be installed ’
or cons t rutted, said improvements in accordance with plans and specifi-
cations approved by the City Engineer within 60 days after written
deiand 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 to be made sooner than said date or such
extended period of time which may have been granted by City: 2
(a) When the City Council finds that the owners of 40% or more
. of the frontage, including the frontage of Property Owner, between inter-
skcting 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 City to form an
, improvement district for‘the improvement of.said streets. -.
, Said improvements shall be made without cost or expense to
City. Ci.ty estimates that. the cost of engineering and construction of
said improvements at the time of signing this contract is $6,350.00 .
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
: G * , .,. (2)
and covenants het-ein contained, Property Owner hereby grants to City a
lien upon the hereinafter desct-ibed property in the amount of $6,350.0() ,
plus any future increases of cost in excess of.this sum resulting flom
increased engineering and construction costs, and in the event Property
Owner, his successors, heirs, assigns, or transferees fa il to install
and construct said improvements in the manner and within the time speci-
fied herein, he agrees that City may do a.ny’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
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portion or portions of the p’roperty reasonably necessary for said : .
engineering and construction, and the entir.e cost and expense shall be
charged against said property and payab1.e by said Property Owner, his
sukes’sors, heirs, assigns, or transferees immediately upon completion
. 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 mortga.ges.
(b) Direct the City Engineer to estimate the cost of necessary
eng i neer i ng, and the work required to install and construct saLd irnprove- .e
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 attorney’s fees as a cost in said proceedings.
. Section 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
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 a result of a foreclosure or
(3)
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trustees’ sale of any such 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 mdy
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 port ion 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 officer or
em’ployee. 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 liable for
any persons or property injured by reason of said wqrk 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 liabilities 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. anzi 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 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
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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 ’
shall be bindinq upon and inure to the betlefit of the successors, heirs,
(4) I -. 1 f !
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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.
Section 3. A description of the property referred to herzin
and upon which said lien is inlposed is described as.follows:
That portion of Tract 123 of CARLSBAD LANDS, in the.City of Carlsbad,
County of San Diego, State of California, according to Map thereof No..l661, of -
Carlsbad'Lands, filed in the Office of the Recorder of San Diego County on March.1,
1915, more particularly described.as fol!ows:
Beginning at a concrete monument marking the intersection of the centerlines
of Basswood Avenue and Valley Street, as shown on Map of THUM LANDS NO. 1681, on file
in the Office of the County Recorder of said.San Diego County; thence South 50°05'20" ._
West along the said centerline of Basswood Avenue, a distance of 517.77 feet to a
point; thence North 31°12'20" West a distance of 321.34 feet to the TRUE POINT OF
BEGINNING; thence continuing North 31°1-2'20" West a distance of 89.02 feet; thence
North 55'28'10" East a distance of 491.92 feet to a-point in the centerline of
Vall.ey Street; thence along the said centerline.of Valley Street, South 34'31'50"
East a distance of 109.87 feet to a point which is North 34'31'50" West a distance ~1 -
of 251.45 feet from the said intersection of the centerlines of Valley Street and .
Basswood Avenue; thence South 55'28'10" West a distance of 140.00 feet; thence North
34'31'50" West a distance of 21.00 feet; thence South 55'28'10" West a distance of
357.08 feet to the TRUE POINT OF BEGINNING.
(5)
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. . I Set tiaq zJ.0 tlq The required improvements to be constructed and . _ .m -w... .* I -.
the estiytdd co&t+-thereof are as follows: i
" I ~provepey a# . ~ Estimated Costs -i! ' I" J
CURB ; .:-:-< LF $ 950.00
SIDEWALK: , e.t? SF 950.00 I
PAVING ANbiBASE SF 2500.00
STREET TREES LS -* 150.00
STREET LI'GHTS LS 500.00
SITE PREP LS 500.00
ENGINEERING LS 800.00
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STATE OF CALIFORNIA ) ) ss.
CITY OF CARLSBAD, a Municipal Corporation of the State of California
Ely&eAQ-
FRANK D. AIXSHIRE, City EZanager : _. . J . COUNTY OF SAN DSEGO ) n
On 1. /98’/ Notary Public in an& fo; sai!d State, , before me the u.ndersic$ed, a personally.appeared Frank-D, A&shire, 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 thc.person who. ex&cuted 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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WITNESS my hand and offidial seal.’ .
ires, Oct. 23, 1981
City Attorney
(Notarial ncknowlcdgement: of execution of oPlne.rs must bc attached),
-G-
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STATE OF CALIFORNIA .
COUNTY OF+&~ “*
On .&f&4.1/ iI6 /98! before me,
the undersigned, a Notary Public in and for said County and State,
personally appeared 0~s.~~~
to be the person&whose name
within instrument and acknowledged tha same. ,I
, known to me
FOR NOTARY SEAL OR STAMP I)
e
B TOM BEVILACQUA
%
NOTARY PUBLlC - CAJJFORNlA :
PRINCIPAL OFFICE IN E
I
SAN DIEGO COUNTY i
My Commission Expires Dec. 22.1983 0 ~ffl~~ln~l~~lu~~~~llllllllllllllluul P
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