Loading...
HomeMy WebLinkAboutMS 599; Snyder, Robert and Linda & Snyder, James & Myrtle; 83-304604; Future Improvement Agreement/ReleaseRECORD iNG REQUESTED BY AND ; ‘4HEr: RECORDED PlA’tL TO-: - CA v* 1 - 1648 City of rf.arlsbad 1200 Elm Avenue Carlsbah, CA 9200% -‘I--. - . . c 4/g?:, /.,I ‘ir’ F ’ COUFI1 y t(t:;@;y;;{? Space above this line for Recorder’s use BUB FEE ransfer tax: $No fee firm name eclarant determining tax- City of Carlsbad Pa reel No. M4 5sq CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS’AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and lzc26WT L SNm f: WDA A- ‘3QylE~ d,$$lES =. ~h)YDt + r”ly~r~-.E Mt cWY~= her mafter 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 :: 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 public 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 improvements and dedications as a condition of appro Minor Subdivision No. qq4 ; and WHEREAS, Property O\rJner has requested said Minor Subdivision be granted by City in advance of the time said improvements are to be made; and * WHEREAS, Property Owner, in consideration of the approval of (1) -, . _ cJa id Minor Subdihsioh - . desires to enter i--o this agreement securing the’construction of said improvements, and City has determined it to be in the pub1 ic interest to agree to temporarily postpone said const rut t ion; 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 Minor Sdd:ivision ~0, Em Sect 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 constructed, said 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 required to make said improvements -before or w,ithin such further period . of tiine 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 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 pet it 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 m 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) _“..li..-.” _ _ _ -._*-v . . . ..- .C_3_--r-__XI .-.-- -_._ I--. - ..-__ _____-._ __.__ _,.. _ ___-._ __.__ -___- -_-I.______--- ------.- _- I$ : . - 1650 - and covenants herein contained, Property Owner hereby grants to City 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 Owner, his successors, heirs, assigns, or transferees fail to install and construct said improvements in the manner and within the time speci- f ied herein, he ag.rees 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 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 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 . compl.et ion, 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 sai.d improve- _. I ments, and foreclose said .lien in said amount. L (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 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 1 ien to the 1 ien of any such purchase money mortgage 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- inafter described is acquired by or as a result of a foreclosure or (3) c. ..w--T----.. -.. ..- --“.vf‘---. _I-. T : .- ‘. .&,- . . -_ d .‘:-,> _. ~I..._ -*w&zz.: :‘. i .,* PI. \ 1651 . - t, r-u s.tees ’ sale of any .:h purchase money mortga5 or purchase money s deed of”t rust. 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 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 portion 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 employee thereof, be liable or responsible for any 1 any officer or 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:.OGner, 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- 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 all liability or claim patent or patented art Sect ion 7. at all times up to the City and the officers and employees thereof from because of, or arisi.ng out of, the use of any cle in the construction of said improvements. t is further agreed that said Property Owner will 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 City. Sect ion 8. This agreement and the covenants contained herein shall be binding upon and inure to the benefit of the successors, heirs, (4) i? __,.- ___-.- .- .- ’ ----“-d_, . . . . ..-..L--- --1--1__ __---___ _---__.__- .._I_,, --a-- -_-- -_-- -. - . . . 1652 - assigns;. atid..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 anal upon which said lien is imposed is described as'follows: Parcel 4, in the City of Carlsbad, County of San Diego, State of California, as shown at Page 4480 of Parcel Maps, filed in the Office of the County Recorder of San Diego County, February 6, 1976. That,portion of Tract 240 o'f Thum Lands, in the County of San Diego, State of California, according to Map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, described as follows: Beginning at the most Easterly conrner of said Tract 240; thence South 61'21' West along the Southeasterly line thereof 244.39 feet to the most Easterly corner of the land conveyed to Ralph G. Nix and Hazel Nix by deed dated June 1, 1926 and'recorded in Book 1218, Page 319 of Deeds; thence North 23" West along the Northeasterly line of said land 242.77 feet to a point in a line which is parallel with and Northwesterly 241.59 feet measured at right angles from said Southeasterly line of said Tract; said point being the ,TRUE POINT OF BEGINNING; thence continuing North 23" West 200.98 feet to the Northerly corner thereof, said corner being also a point in a line which is parallel with and Northerly 441.59 feet measured at right angles from said Southeasterly line of said Tract 240; thence North 61'21' East along said parallel line 200.70 feet to a point i.n the Northeasterly line of said Tract; thence South _ 28'39' East along said Northeasterly line 200.00 feet to a point which bears North 61'21' East parallel with said Southeasterly line from the TRUE POINT OF BEGINNING: thence.South 61021' West along said parallel line 220.49 feet to the TRUE POINT OF BEGINNING. EXCEPTING the Northwesterly 100.00 feet (said 100.00 feet being measured along the Northeasterly line thereof,) :: (5) :. )I J, , -- 453 Section 10, Th required improvements tc HZ constructed and _ - estimald 'costs thereoE are as follows: '1 Improvements Giv 1, c I - S&L Ud1: GC.+& ’ %Qq, ~l.w-/S~ . Estimated Costs $ ‘?a a%- l4.c. Pd*;J &GJL j.5; /sc J2?? sulu v----47 32ps ia G2MV5 I I 6% vo - . Dated : 7/5/83 * TOTAL CO c . . . , CITY OF CARLSBAD, a Municipal Corpdration of the State of FRANK D. AlESURE, City Ka.nager :.. : COUNTY OF S 3taxy Public sonally 'appetire rt acknowledged to me that such 'the same . TF.‘J CfFG!J ?;-J*‘?.i- My comm. v&r .iiJi? L’q, 198 y-c.-- .I%*- Jw, a City Attorney (Notarial acknowledgement of executio:l of owners mwt be ;lttach&t), -6 , - SAFECO TITLE INSURANCE STATE OF CALIFORNIA cou~w OF San Dieao On this the 7t.h day of 19&, before me the undersigned, a Notary Publii in and for said County and State, personally appeared dameso. Snyder and Myrtle M. Snyder- , personally known to me or proved to me on the basis of satisfactory evidence to be the pefl whose namebeubscribed to the within instrument ledged that w exe FOR NOTARY SEAL OR STAMP )FFICIAL SEAL J MARSHALL J’JOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. expires JUN 24, 1984 STATE OF CALIFORNIA] ss. COUNTY OF SAN DIEGO) on #a-,&7- -4 4uY before me the undersigned a Notary Public in and fir said Stat&, personally appeared Fra& 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 Municipal Corporation, the same. and acknowledged to me that such City of Carlsbad, executed WITNESS my hand and official seal. Prinq@ 0ffit.e In San Dii~o ClurlQ 1 ;ir w tiranrr- EC* .w n m )JBZLfd ARYPBLIC -