HomeMy WebLinkAboutMS 601; Peterson, David and Walburga; 83-223162; Future Improvement Agreement/Release,RECORD IYG REQUESTED BY AND $1 ” b/i-tEfl [<FCORDED P’AlL ‘i-o: - ) ’ ’ 1584 .._ 83-223162 1 r fit LO!? %t[I! iti ----__I . OFFf&{[iL $,L~of$i)S ,.Ci’~y of Carlsbad OF SAN cll”:i;:l i’$k?IT’f. Cl&, I
1200 Elm Avenue
Carl shad, CA 92008 1 fW JUM 30 AH 10: 08
>
?
VEiYA i ,i.‘i’i..l. L COUliTY ~~‘.‘O:;ilER I -J
-..-MI - I ------ ___A. Space above thus 1 i ne for Records
use
Q&
NO FEE
.
Documentary transfer tax: $No--fee
Signature of declarant determining tax-
f i rm name
City of Carlsbad
Parcel No. 205-060-15
CONTRACT FOR FUTURE PUBLIC !MPROVEMEI:!TS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corpora-tion, hereinafter referred to ;35 “Ci-ty”, and David L. Peterson
and Walburga S. Peterson, husband and wife as 'joi,nt tenants,.
hereinafter referred to as "Property Owner"
RECITALS:
WHEREAS, Property Owner has applied to City for a
Minor SubdiGision
for the real property hereinafter described, now under Property Owner’s
.: I 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 pub? ic improvements hereinafter
described are constructed and certain irrevocable offers o-f 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 approval of this
!G.nor Subdivision NO, 601 ; and
/
WHEREAS, Property Owner has requested said
Minor Subdivision
be granted by City in advance of the time said improvements are to be
made; and
* WkiEREAS, Property Owner, in considerat ion of the approval of
‘T :- -.‘- .“.-...w ,.--. ._ _._. _* __-_. _- - .__I-.. -_. . _.I . .._. . .--.- - --, .-. -- ..- .-.. --*.--...- . -.-_.. _._ . . _ L. _..... .
I I 1585
sa,icj .MMS:nor Subdivision ?+ m 601 desires to enter ir”o this agreement .* ’ . I -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 I S AGREED between the parties hereto as
fo? lows:
Sect ion l.- That City agrees to record any irrevocable offers -
of dedication made by Proper.ty Owner for Minor Subd’ivision ~0, 601
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 install 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 OFI! YEAR or within such further period -
of time as is granted by City, provided, however, that upon the happening
of either of the following accurrences 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: :: 1
(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 o-f 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. Ci’ty 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
actua 1 cost of same at some t ime in the future may exceed this estilrlate,
Sect ion 3. That for the faithful performance of the promises
. (2)
3 --‘--- .” e’,-.‘.-.-‘.. ,--- .-, ---_I-“...--_.---- -_.---_ - --.-. --,- . -_. . _ _. ..__._ _ ._ ___ _ .__.,._-_- ____ _ I - - I -I -I_- 1 L
‘. . * I- 1.586 -
* ‘d nh covetiants herein conta i ned, Property Owner hereby grants to City a
1 ien 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 agrees that City may do any or all of the following:
(4 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. tn 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 sai.d improve- .*
merits, and foreclose said .lien in said amount.
(4 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 h.ereby 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 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)
-f---l- _ . .-__- _yl__ ,. c--“...m-m-- --1., -_ -.-m-w ‘.W’. -- -..__- - _____. ..___ _ _--- --_I-_---__--
., -- -‘. --*_
I y 15w ’ t F-u’s tees ’
*,* l sale of any ,+ch purchase money mortgac- 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 the 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 lienherein imposed.
Sect ion 6. Said City shall not, nor shall 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 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-
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 arisi.ng out of, the use of any
patent or patented article in the construction of said improvements. Y
Sect ionA It is further agreed that said Property Owner will
id work and im- at all times up to the completion and acceptance of sa
provements by the City, give good and adequate warning
public of any darigerous or defective conditions of pub
to the traveling
lit property. The
Property Owner hereby agrees to pay for such inspection of improvements
as may be required by the City Engineer o-f City.
8. Sect ion This agreement and the covenants contained herein
shall be bindiny upon and inure to the benefit of the successors, heirs,
(4) / . -i . . .(.**Y. a ,,” ,.. _ . Cl.. , ..,_ ,- . ._ ^ - .,.*.-. _ ., ,. . _. .I. -.-- .-. -.~-- - ._.....- -.- - --.- _ _ _.. _ . ..- I
..- - . .-.._. -_-_ _-~- ..--
4, . , . .* - ? f c: * -15wi . . c
+ c3’sski cjns, ‘and transferees of Property Owner, shali 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:
a.. ,
*-EXHIBIT uA"
LEGAL DESCRIPTION .
All that portion of Tract 123 of Carlsbad Lands, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No. 1661,
filed in the Office of the County Recorder of San Diego County, March 1, 1915,
described as follows:
COMMENCING at a concrete monument marking the intersection of the center lines
of Basswood Avenue and Valley Street, as shown on Map No. 1681 of Thum Lands,
on file in the County Recorder's Office; thence South 50"07'20" West (Record-
South 50°05'20" West) along said center line of Basswood Avenue, a distance
of 517.77 feet; thence North 31'12'20" West, 499.53 feet to a point in the
Southeasterly boundary of that portion of said Tact 123 conveyed to Fred A.
White and Katherine 3. White by deed dated December 4, 1924 and recorded in
Book 1121, page 236 of Deeds, said point being the TRUE POINT OF BEGINNING;
thence along said Southeasterly boundary of said land so conveyed North
55O28'10" East, 34.64 feet to the Southeasterly corner thereof; thence along
the Southeasterly boundary of that portion of said Tract 123 conveyed to
Nancy E. Maltby by deed dated May 6, 1926 and recorded in Book 1183, page 498
of Deeds, North 55'28'10" East, 451.95 feet to a point in said center line of
Valley Street; thence South 34"31'50" East (Record - South 34°3.3800ti East)
along said &enter line, a distance of 89.02 feet; thence South 55O28'10" West
parallel with the Southeasterly boundary of said landas conveyed to Maltby,
492.09 feet, more or less, to an intersection with a line bearing South 31"12'20"
343059-D East from the True Point of Beginning; thence North 31°12'20" West, 90.00
01-31-83 feet, more or less, to the TRUE POINT 0% BEGINNING.
_
Pertains to Lot A & B only. ..i
(5)
_ - -**.w ..: -., - . ^___c____ ._-_l r-.-_l_-- --.. -__-_..--- __-_-,___-.l_ - ______ _- -.-- ---_. -. _--.---- __._. - - _.. .._ .
. . .._. - - ‘; ‘--.y __ ^_ -
i a-- 1589 * . . . section 10, Tk - required improvements tf-'3e constructed and . , -.- /I I-
_ &, estimated costs thereof are as follows: .i
Imsovements *. -
90 L,F, curb & gutter
405 Sq.Ft. sidewalk
400 Sq.Ft. AA.. pvm't & base .
Engineering 2% Contingency 15%
Dated: 5--d.& 83. -
Estimated COSkS
%OO/FT $ mo 0.00
1.25/'&F. $ 506.25
1.50/S.F*. $ 600.00 ----------------------
Sub-Total lb 1,916.25
$ 287.45
TOTAL COST $ 2,203.70 -)'
on May 20, 1983, David L., Peterson and Walburga .
Peterson , persorzal1.y appeared before me and executed the wi-thin instrument.
. _
. . . aLca 23. perty Owner
.( ~wI)n*rlbe~c_ . -
CITY OF CAF&SBAD, a Municipal
Corporation of the State of
STATE OF CAIXFOR-NIA I
COUNTY OF SAN DIEGO
Cali rnia
By $?A&.-
FRkNX D. ALEWIFE, City &&tager : .~
On l24w~ /D /Pk3 , before me the undersig'ked, a Notary Public?% and for-?!iard State, p ersonally'appe&ed Frank-D, Aleshire, known to me to be the City Manager of the City of Car&bad, a Hunicical
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.
APPROV
Vincent F. Biondo;Jr.
City Attorney
KAREN A. STEVENS public - c8Momk
(IZotarial ncknoywl edgem.ent of execution of owners mcst bc attached) _
-G-