Loading...
HomeMy WebLinkAboutMS 582; Howard-Jones, Marjorie; 83-173925; Future Improvement Agreement/Release. l _1 : . ,‘.J u c i ry ol- idl.lSbad 1 202 E 1 r!l A\/cncre Ca r-f shad ,, CA 92008 1131 -*- %I-173025 r RE: :; 0 fi If f i.1 I ti -“‘-7 BFFlC!AL fiEf:I::q:s OF SAN Cl: G3 C”‘:h 2r.i 7°C CA. I 123 WAY 25 AM 9: 57 VEl=?A l..IA- i E L ! Coufj T ‘f $-;J&j+-& fi -I NO FEE -p----p-----.I --.---__.--I__ -+_- .._- --- II- Space above this 1 ine for USC? 7’ -----.____.- ecorder’s i Documentary t rans-Fer Signature of declarant f i t-m name City of Carlsbad Parcel No. 207-120-39 --1_1 -.--___I-- -_ ~I_ I_.- _I- ~_--_.-- 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) . . c s \’ / ) . . : A:..: ’ .- _a. .: c ti- 1136 - :. _ .’ -.’ _. 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 ‘, . . --cc- TOTAL COST $4563.00 / ~.. "... ^;K.-"..rrin'.bi+ ., - .- .,_ _~ D.=ltPd ? fq: 1$8.X -.------ ..A. --*,..J"-.A. ~_ f '. . . . &;&. . . .u . ,. . _ . . . . . . . : .,..;, , . . . . . Property Owner . -. . . . . *.: .: . ___. : : . . ‘, . . . . _ ':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) _ I c” ’ * -G- & 5 1 I. ..__ . :-. ._ .y TL&. ; : .~ , :. - __., -- I. ..‘ I.,_ - 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.