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
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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
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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
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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,
.
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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.
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
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“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~ ,
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I STATE OF CALIFORNIA
COUNTY .OF SAN DIEGO
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1 ) ss.
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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
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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.