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HomeMy WebLinkAboutMS 590; Carlsbad Congregation of Jehovah's Witnesses Inc; 83-304605; Future Improvement Agreement/Release. 7 1 . .a ’ . a .d 1655 RECORDING REQUESTED BY AND > WHEN RECORDED f+4IL TO: 1 1 City of Csrlsbad 1200 Elm Avenue Carlsbsd, CA 92008 1 > ‘# r KEiO3im IN OFF1ClAl RSCCRCS OF SAHCiEG‘S CCUril Y,cA. rw au6 29 Ai! 8: 39 VfEi; t*.:,r’: L Ii COUpjT y i:*;Ct-i,i\fii :jjQ, FEE Space above this line for Recorder’s use f i t-m name City of Carlsbad Parcel No. 156-220-18 & 20 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and CARLSBAD CONGREGATION OF JEHOVAH'S WITNESSES, INC. , hereinafter referred to as “Proper- ty Owner”. RCC I TALS: . WHEREAS, Property Owner has applied to City for approval of Minor Subdivision No. 590 for the real property hereinafter described, now under Property Owner’s owners:-, I IJ ; and WHEREAS, it has been found that said property is not suitable for development in its present condition, however said property woul’d be suitable for development if certain pub1 ic improvements hereinafter described are constructed and certain irrevocable offers of dedication are made t.o City; and WHEREAS, -the Mun i c No. 590 . ipal Code of C ity and Minor Subdivision attached hereto and incorporated by reference herein require ce improvements and dedications as a condition of approval of this Minor Subdivision ; and WHEREAS, Property Owner has requested said Minor Sub No. 590 be granted by City in advance of the t ime said improvements are to be l,;adc ; a ii” J ’ WHEREAS, Property Owner, in consideration of the approval of (1) . z -... 1656 - said Minor Subdivision No. 590desires 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 cons t rut t i on; 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 Property Owner for Section 2. That Property Owner, in lieu of making the herein- aft.er described improvements before approval of said Minor Subdivision No. 590 is granted, agrees to install and construct, or cause to be installed or constructed, sa id 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 requi red to make said improvements before 1985 or within such further period of time as is granted by City, provided, however, that upon the happening of either of the fol lowing 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- secting streets on both sides of the st’reet upon which the property herein des.criLed 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 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 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 (2) and covenants here lien upon the here i n cor~ta i ned, Property 0wnt1- irereby grants to C inafter described property in the amount of ity a , 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 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 shall 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- 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 Property Owner, his successors, heirs, assigns, and transferees, shall k--1.iable 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 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 shal.1 likewise be of no force or effect against any owner whose title to the property here- inafter described is acquired by or as a result of a Foreclosure or (3) r . . “’ . 1658 X t rus tees ’ sale of any such purchase money mortgage or deed of trust. Sect ion 5. That at any time during the per purchase money iod herein prov ided, 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 by t,he City Erigineer, 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. Section 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 this agreement prior to the completion and acceptance of the same, nor shall said City, nor any officer or employee thereof, be 1 iable 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 1 iabi 1 ities 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 and employees thereof from all liability or claim because of, or arising out of, the use of any patent or patented art.icle 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 Property Owner hereby agrees to pay for such inspection of improvements as may be required by the City Eljyineer of City. Sect ion 8. This agreement and the covenants contained herein shall be bind ing upon and i nurc to the benef (4) t of the successors, hei rs, . “> . I * . - c L 1659 A assigns, and transferees of Property Owner, shall run with said real property, and create 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: : The Southeasterly 223.03 feet of that portion of Lots 30 and 31 of PATTERSON'S ADDITION TO THE- TOWN OF CARLSBAD, in the City of Carlsbad, County of San Diego, State of California, according to Map thereo'f No. 565, filed in the Office of the County Recorder of San Diego County, September 22, 1888, and of Section 31, Township 11 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey,,described as follows: Beginning at a point in the center line of Valley Street, distant thereon North 34"33'00" West, 528.52 feet from the intersection of said center line of Valley Street with the center line of Oak Avenue; thence North 34'33'00" Uest along said center line of Valley Street 657.07 feet to intersection with the Southerly line of said Section 31; thence along said Southerly line, North 89'07'00" West, 47.31 feet to the most Westerly corner of the tract of the land conveyed by Roswell N. Wilson to South Coast Land Company by Deed dated November 1, 1923 and recorded in Book 976, page 435 of Deeds, Records of San Diego County; thence North 54'13'30" East along the Northwesterly line of the land so conveyed to said South Coast Land Company, 759.75 feet to the most Northerly corner thereof; thence South 35"29'00" East along the Northeasterly line of the land so .conveyed to said South Coast Land Company, 563.12 feet to the said Southerly line of Section 31; thence South 89"07'00" East along said Southerly line, 176.33 feet to intersection with the center line of Canon Street; thence South 19O26'00" East along said center line, 36.81 feet,, more or less to intersection with a line drawn parallel with the said center line of Oak Avenue through the Point of Beginning; thence South 55*27'00" West along said parallel line 864.32 feet to the Point of Beginning. EXCEPTING TDRRBFBOM that portion described in a Deed to the City of Carlabad, recorded June 4, 1976 as File No. 76-170697 of Official Records, described as follows: All that portion of Lots 30 and 31 of PATTERSON'S ADDITION TO THB TOWN OF CARLSBAD, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 565, filed in the Office of the County Recorder of San Diego County, September 22, 1888, described as follows: Beginning at a point in the centerline of Valley Street, distant thereon North 34°02'15" West (Record North 34'33' West) 528.52 feet from the intersection of the centerlines of eaid Valley Street and Oak Avenue, said Point of Beginning being the Southwesterly corner of the land conveyed by South Coast Land Company to Carl G. Strock and Blanche D. Strock, by Deed dated September 22, 1930, recorded September 27, 1930 in Book 1814, page 327 of Deeds; thence along the Southerly line of the land so conveyed to Strock, North 55'58'59" East (Record North 55'27' East) 464.14 feet; thence leaving said Southerly line, South 69'25'54" West, 96.42 feet to the beginning of a tangent 1242.00 foot radius curve, concave Southeasterly; thence Southwesterly along the arc of said curve, 291.54 feet through a central angle of 13'26'55"; thence tangent to said curve, South 55"58'59" West, 31.54 feet to the beginning of a tangent 20.00 foot radius curve, concave Northerly; thence Northwesterly along the arc of said curve, 31.41 feet through a central angle of 89'58'46"; thence radial to said curve, South 55'57'45" West, 30.00 feet to a point in said centerline of Valley Street; thence along said centerline, South 34'02'15" East (Record South 34'33' East) 76.46 feet to the Point of Beginning. EXCEPTING THRREPROM any portion lying within Valley Street. L (5) E . . ,- P 1660 -. “L l - " Section 10, The required improvcn:enLs to be corlstructcd and --- the csti.matcd costs thereof are as follows: '., Improvements (Valley Street) Estimated Costs - 85 linear feet curb & gutter $765.00 1,150 square feet asphaltic concrete pavement and base 475 square feet sidewalk ' . $2,012.50 826.50 construction staking (15 percent) 3,604.OO 540.60 Total $4,144.60 Dated- - +//d?3~ , , I STATE OF CALIFORNIA COUNTY .OF SAN DIEGO . 1 ) ss. 1 TOTAL COST $4,144.60 HN M. KRATT, President. . By: THOMAS F. ROWE, Secretary CITY OF CARLSBAD, a Municipal Corpdration of the State of ;;yjjj;2 &z&&J&/ FRA?K 2). ALlX-IIIIE, City?G&tger On &6~1f23, @k3 before me the undersigned, a Notary Public in and for said State, pecsonally appeared Franl: 11, 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. WITNESS my hand and official seal, , . .APPROVED AS TO FORM: t ' 1 Vincent P. Biondo, Jr. City Attorney sw ,’ I Not&y Public -- KAREN R. STEVENS . NotqPuhc-CdifomiB Principal office In 21. -_ 5s. COUNTY OF ACKNOWLEOOUEY 01w2 woLcollL. ,.._. n-~slbn-wLlkdls Fwm222cA-x-tbv.5.82 : IYC the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. state.