HomeMy WebLinkAboutMS 582; Howard-Jones, Marjorie; 83-173925; Future Improvement Agreement/Release.
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-----.____.- ecorder’s
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Documentary t rans-Fer
Signature of declarant
f i t-m name
City of Carlsbad
Parcel No. 207-120-39 --1_1 -.--___I--
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QX~TRACT F-OR FIJTURE PUGLIC IMPROVEMENTS ------ -.-
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and
MARJORIE HOWARD-JONES , hereinafter referred to as “Proper-
t y Owne I-” .
RECITALS: m-m-
WHEREAS, Property Owner has appl ied to City for a Minor
Subdivision Approval No. 582
for the real property hereinafter described, now under Property 04ner’s
owners h i p ; and
WHEREAS, it has been fgund 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 irrevocabl
are made to City; and
WHEREAS, -the Municipal Code of City an
attached hereto and incorporated by reference herein require certain
improvements and dedications as a condition of approval of this
Minor Subdivision ; and
WHEREAS, Property Owner has req1lec;te.d said Minor Subdivision
Approval
bc granted by City in advance of the t ime said improvements are to be
,.,,a ij 2 . , sr,;i
* WHEREAS, Prc1pcrI.y OvJncr, in cons idcral- ion of the approval 1 of
(1)
said Minor Subdivision No. 582 des
securing the construction of said
it to be in the public interest to
construct ion;
i t-es to enter into
improvements, and C
1 agree to temporar i
his agreement
ty has deternlined
y postpone said
NOW, THEREFORE, IT IS AGREED between the parties hereto as
follows:
Section 1. That City agrees to record any rrevocable offers
of dedication made by Property Owner for the improvement of Park Drive
Sect ion 2. _ That Property Dwner, in 1 ieu of making the here
after described improvements before approval of said
is granted, agrees to install and construct, or cause to be installed
in-
or constructed, said i.mprovements 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 shal I not be required to make
said improvements before May 1, 1985 or within such further period
of time as is granted by City, provided, however, that upon the happening
of clther 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:
(a) When the City Council finds that the owners of 40% or more
of the frontage, including the frontage of Property Owner, between inter-
sczting 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 mot-e than 50% of the frontage, between
intersecting streets on both sides of the street upon which the property
herein described has frontage, have petitioned the City to form an
improvement district for the improvement of said streets.
Said improvements shall 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 $4562.05 .
Property Owner hereby acknowledges that said cost is a reasonable
estimate of engineeri 11:) and construct ion costs at this time and that the
actual cost of same at some time in the future may exceed this estimate.
Sect ion 3 -- -2 That for the faithful pcrfot-mance of the promi scs
( 3 1
and covenants het-e i II cor~to i pled, ?t-opet-ty 0w11er. ilereby grants to Ci-ty a
lien upon the hereinafter described property in the amount of ,
plus any future increases of cost in excess of this sum resulting from
increased engineering and construction costs, and in the event Property
Ownet-, 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 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 his employees may enter upon any
portion or portions of the property reasonably necessary for said
engineering and construction, and the entire cost and expense shal 1 be .
.charged against said property and payable by said Property Owner, his
successors, 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 said improve-
ment s , and foreclose said lien in said amount.
(c) Pursue any remedy; legal or equitable (includi
specifically referred to herein), for the foreclosure of a li
ng those
en, 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 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 lien to the 1 ien of any such purchase money mortgage or
purchase money deed of trust. The 1 i en hereby c t-eated sha 1 1 1 i kew i se be
of no force or effect against any owner whose title to the property here-
inafter described is acquit-cd by or as a result of a foreclosure ot
(3)
.
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 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,
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 shal 1 any officer or
employee thereof, be liable or responsible’for any accident, loss or
damage happening or occurring to the work or improvements specified in
ihis agreement prior to the completion and acceptance of the same, nor
shall s;l!d City, nor any officer or employee thereof, be 1 iable for
any persons or property injured by reason of said work or improver,znts,
but all of said liabilities shall be assumed by said Property Owner, and
his successors, heirs, assigns, and transfer&es, and they shall save the
City harmless from, and indemnify the City against, any and all claims,
suits and I iabi 1 ities of or to any person or property injured or claim-
ing t.2 be injured as a result of said work or improvements. Said Pro-
p’erty Owner, and his successors, heirs, assigns, and transferees, further
agt-ees to protect said City and the officers and employees thereof from
all liability or claim because of, or arising out of, the use of any
patent or patented article in the construction of said improvements.
Section 7. It is fut-ther 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 0.F public property. T hc
Property Owner hereby acjrees to pay for such inspect ion of improvements
as may be requ i red by tile C i ‘ty Et19 i rleer’ uf C i iy.
Sect ion 8. This agreement and the covenants contained herein
shrill 1 be hi ndincl upon and inure to t-he bencfi t of the successors, hei I-S,
( 4. >
. , ’ 1’ ,
, . ” .
assigns, and transferees of Property Owner, shall run with said real
property, and crea’te an equitable servitude upon said real property.
Sect ion 9. A description of the property referred to herein
and upon which said lien is imposed is described as follows:
A portion of Lot 7 in Block "G" of Bella Vista, in the City
of Carlsbad, County of San Diego, State of California, according
to Map thereof No. 2152, filed in the office of the County
Recorder of San Diego County, March 7, 1929.
EXCEPTING THEREFROM the Southwesterly 109.00 feet of the
Southeasterly 200.00 feet thereof.
(5)
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c . . . ’ Seckion 10, . I . The required impro*Jenents to tie constructed and
the estimated costs thereof are as follows: '.
Improvements * Estimated Costs -_ _-._.% xrrir,...".-.**
500 sq. ft. sidewalk .A.75 -: : _ $ 875.00
100 linear feet curb and gutter 9.55 973.00
* 1080 sq. ft. a.~. pave and base : 1.5-O 1620.00.
site prep : . 500.00 .
'. Subtotal: 3968.00
Contingency 15% 595sio
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TOTAL COST $4563.00 / ~.. "... ^;K.-"..rrin'.bi+ ., - .- .,_ _~ D.=ltPd ? fq: 1$8.X -.------ ..A. --*,..J"-.A. ~_ f '.
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. .u . ,. . _ . . . . . . .
: .,..;, ,
. . . . . Property Owner
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*.: .: . ___. :
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‘, .
. . . _ ':CITY OF ,CARLSBAD', a Municipal
. Corpckation of th& State of .
.
‘.
. -_
I ' STATE OF CALIFORNIA ) .
c
D. ALESIiIRE, ,City bk-qer - .- ) ss, - . . .
~ COUXT~ ‘OF SAN DIEGO ) .
1 Corporation of
the same.
Carlsbad, a Municipal)
e to be the .person-who
aid Municipal Corporation, fornia, executed
*APPROVED AS TO
Vincent F. Biondo, Jr.
City Attorney
(Notarial scknowlcdgcment of execution of owners must he nttacllcd) _
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OFFICIAL SEAL
MARGARET J. TAORMINA
NOTARY PUBLIC -CCAL!I'ORNIA
PRINC!b’AF OFF’r‘E IN I >
SAN D:ZX CGlfNTY
:: F,?y C:mmksion Excirfs Jdv 24. lW4
II STATE OF CMIFCUMIA, ,~ counrvDFSan Diego ss. ! I; , ” 1137
bri 12 May 1983 ,19 83 before me, the undersigned, a Notary Public in and for said State, personally az
Mariorie Howard-Jones . on , known to me, to be the person- whose name- subscribed to the within Instrument, and acknowledged to me that &he- executed the same.
WITNESS my hand and official seal. .
s&Q- es
Notary Pub?! in and for said State.
STATE OF CALIFORNIA j -- ) ss.
COUNTY OF SAN DIEGO )
On May 17, 1983 , before me the undersigned, a Notary
Public in and for said State, personally appeared Frank N. Mannen, known to me to the the Assistant 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.