The URL can be used to link to this page

Home My WebLink AboutMS 587; Fowkes, James and Martha; 82-294591; Future Improvement Agreement/Release+ )I<!- 1;: I\) ’ !?ECdRDED MAIL TO: City of Carlsbad 1200 Elm Avenue Ca r 1 sbacl, CA 92008 1 > VERA L.i”fhE F COUNTY t?,Lcwiz~ J f+JO FEE Space above this line for Recordr’s Docome it 1 transfer 3.h tax: $No fee ‘Signature of declarant determining tax- -_ f i rm name City of Carlsbad Parcel No. 156-142-34 - CONTRACT FOR FUTURE PUBLIC, lMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and JAMES L. FOWKES AND * MARTHA N. FOWKES, husband and wife as joint tenants, 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 z.. 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 appr Minor Subdivision No. 587 + ; .and WHEREAS, Property Owner has requested sai Minor Subdivision be granted by City in advance of,the time.said improvements are to be made; and l Q-IEREAS, Property Owner, in consideration of the approval of I (I) ., I 1. .._ i .F "' _.....-e . . . . . . . . I" .-. .._... - -_,".-Ie..,Y ,--..a -_ * -8.'-' _^.. . . . - .- e,, "a.,",+. _._. ., .,_.- , .*..s. . . . ",-1. . . ...-..vw...-.. . . ..-. , &I ? ,: , *, 2: 1321 . : said Minor Subdivision No. 587 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 t-01 lows: Section 1. That City agrees to record any irrevocable of.fers of dedication made by Proper,ty Owner for Minor Subd’ivision No. 587 S.ect ion .2. 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 cons t rutted, said improvements in accordance with plans and specifi- cations approved by the City Engineer wi’thin 60 days after written , demand so to do by City. Property Owner shall not be required to make . . . said improvements -before l/-l/83 or within 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: .‘; (a) When the City Council firds that the owners of 40% or more of the frontage, including the frontage of Property Owner, between inter- setting 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 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 $17,925.00 . . P.roperty Owner hereby acknowledges that said cost is a reasonable estimate of engineering and construction costs .at this time and that the actual cost of same a,t some time in the future may exceed this estimate. ’ Section 3. That for the faithful performance of the promises I : , a I .$* (2) .-a .,v. r ” ,. ,q .1. w-f” I . “.. - ..“m*“*-.,-, ,- -.. “.,.....w”-- . . . . ‘L... L-,l.wl 7%. W..^ . ...” *..m, *.. . . ..- --.w.. ..,,._ . .-_ --.w.. -..-....,M. WII/.. . . . . ..( - “.“. .-. _ . . . . . .“. I I- --._ _-^- _ __ _ _ ,. . . .-. _.. . ._... . , - - ~ZJ 1322 and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $17,925 , 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 fa i 1 to install and construct said improvements in the manner and within the time speci- fi.ed herein, he ag.rees 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 .c.harged against said property and payable by said Property Ow’ner, his - Suicessors, 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 requi red to install and construct s,a!.;d improve- merits, 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 P.roperty &ner, 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, m.ortgagees, or beneficiaries of any 1 purchase. money mortgage orpurchasemoney de’ed 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 lien of any such purchase money mo.rtgage 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- 8 inafter described is acquit-ccl by or as a result OF a foreclosure or ‘. \ (3) bc i . . . . ..m.-. -,“* I.. ,. “-rrn---.‘c.-.---rc-.--r . ..-..-..*... ..I. -..,-, ..+.*v _,- M’.. - - ,.......- .-..,- ._ -.--..-. ---.-., --.--.“--,,.- ^I ..- _.. -. __ .e..-- . ..*_ ” _ -. ._- ...i I~ ‘. . .^ ; +I ,, 13j3.’ ,’ t ru’; tees ” sale of any sL,ch 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 may deposit a cash bond or post a surety performance bond sat isfactory 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 b’y 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 offi’cer or * employee thereof, be liable or responsible for any accident,. loss or . . da‘rhage 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 liable for any persons or property injured by reason of said work 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 li.abilities of or to any person or property injured or claim- i.ng 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 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 improvements. Section 7. It is faurther agreed ‘that said Property Owner wi 11 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 Property Owner hereby agrees to pay for such inspection of improvements as may be required by the City Engineer of. C,ity. Sect ion 8. This- agreement and the covenants contained herein * sha 11 be binding upon and i nut-e to the benefit of the’ successors, hei t-5, (4) . I 1 . *.,,,...I.$ .,.- ,. ., i ..**I,..,l*I-s - . .I,“_S ,/. ..m.d . . .._.-...__ll”. . ,C_...._l_I.., .,,,..I!... ,. . .- ., _ . ._ ,...- L_._ ._. , -^-. ,,.- - .I.........._ . ._,. -a 1324 assigns, and transferees of Property Owner, shall run with said real property, and create an equitable servitude upon said real property. Section 9. A description of the 'property referred to herein and upon which said lien is imposed is described as'foilows: s THAT PORTION OF LOi 4 OF ldILSONIA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST.13, 1929, DESCRIBED AS FOLLOWS: . BEGINNING AT TH'E MOST NORTHERLY CORNER OF SAID LOT 4; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT, SOUTH 34'33'00" EAST, ZOO.67 FEET TO THE MOST . EASTERLY CORNER OF LAND DESCRIBED IN DEED TO VICTOR MURILLO, ET UX, RECORDING MAY 7, 1953 IN BOOK 4847, PAGE 377 OF OFFICIAL RECORDS; THENCE ALONG THE . BOUNDARY OF SAID MURILLO'S LAND AS FOLLOWS: SOUTH 55"27'00" WEST, 400.58 FEET TO THE MOST SOUTHERLY CORNER.OF SAID LAND: AND NORTH 34'26'00" WEST-, 188.29 FEET-TO THE NORTHWESTERLY LINE OF SAID LOT 4; THENCE ALONG SAID NORTHWESTERLY .LINE, NORTH 47"OO'OO" EAST 84.15 FEET TO AN ANGLE POINT THEREIN; THENCE CON- TINUING ALONG SAID NORTHWESTERLY L‘INE, NORTH 55'27'00" EAST, 316.96 FEET TO THE POINT OF BEGINNING. . * EXCEPTING THEREFROM, THE NORTHEASTERLY ,175.OO FEET OF THE NORTHWESTERLY 100.00 FEET. . . ALSO EXCEPTING THEREFROM, THE NORTHEASTERLY lO.OO'FEET AS DESCRIBED IN DEED TO - .THE CITY OF CARLSBAD, RECORDED AUGUST 23, 1968, AS FILE NO. 146394. :. . . . . (5) ..“_.. -7 --I. . ..-._._. . F ., ,~ ,,,( _,( , . .,_..C,I_,.,. “. ,----r--r- “_r _.___,. * _..^ _ _.._..,.,,.. m-.--e -..w-.. v ..,-- ----.-.--.--,*--_--“-..-I__.,, \ f i, i ..’ ’ . 3 I-L 1325 i.- * 1 . - 8:: ’ Section 10. The required improvements to be constructed and . , the estimated costs thereof are as follows: 'r Improvements *. Estimattjd Costs 8" SEWER MAIN 6" WATER LINE A.& PAVING _ BASE COURSE CURBS - SIDEWALK STREET LIGHTS STREET TREES SITE PREP ENGINEERING & S.F. S.F.' ' L.F. S&H 2;203 1,754 CONTIN’GENCIES EACH L.S. L.S. 1,683 2,652 ,200 1,447 2,000 / I ” Ii&d: ,5h7,/35 _ TOTAL COST $17,925. _ * . . . ‘. . CITY OF CABLSBAD, a Municipal Corpdration of the State of California L STATE l3WNK D. OF CALIFORNIA ) City K%nqer :- 1 ss. . COUNTY OF SAN DIEGO ) '. L.F. L.F. $ 1,581 1,468 2.937 - On ~'5.c d/: /f& Eu'otqy Public in and for sa3.d State before me the undersighed, a , pe:sonally'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 biunicipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same- . I. . WITNESS my hand and official seal, , APPROVED AS TO FORM: , City Attorney KAREhi R. STEVEi'M (Notarial acknot~lcdgjcment: of oxccution of owners mest be attachwl) , . ’ ; L ; c i b d : r u ; i . k ss. *’ 1326 STATE OF CALIFORNIA COUNTY OF n On Septembe 17 , befo;e me,the under- r . 1982 slgned Notary Public, personally appeared Tamps L. FnW M. Fowkes (personally known to me) (proved to me on the basis of satisfactory evidence) to be the persons whose nameSa subscribed to the within instrument and acknowledged that fhPy executed the same. Signature SAV 193 (7/W) SEAL