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Home My WebLink AboutMS 615; Daon Corporation; 84-307193; Future Improvement Agreement/Release. - l .REC’;tiiDING REQUESTED BY - JD > WHEN’REEORDED MA IL TO: * *L- 1961 City of Carlsbad 1200 Elm Avenue Carlsbad, CA 9 2008 - 4-307193 A P *307 i43-, f!t:‘[Y(:‘:;r;ki;] lh CJ ,c- c‘ : P : ,a I ii :,,L jq’i’pginc OF. LA!, CiiGo c(;;;+j /‘v:,, 1 i !‘% AU6 I3 $8 2: 1 fij L .< Vi‘i’i! !.. I.‘:‘, E Ci3t~f~T y ;.,L~ gi;f,fil - i Space above this line for Recorder’s use City of Carlsbad 21s -052-05 ) 031-01 ) 061-63 Parcel No.= -021 *OS, 03~. 05 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and Daon Corporationr hereinafter referred to as "Property Owner" RECITALS: WHEREAS, Property Owner has applied to City for a Minor Subdivision No.615 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 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 app Minor Subdivision No. ; and WHEREAS, Property Owner has requested sa Minor Subdivision No.615 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 ‘3 .A 1962 - said 'Mirier Subdivision No.615 desires to enter into this agreement secu’r ing the construct ion 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 follows~: Section 1. That City agrees to record any irrevocable offers of dedication made by Proper,ty Owner for Minor S&&vision ~0. 615 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.1 and construct, or cause to be installed . or cons t rutted, said improvements in accordance with plans and speciy- cations approved by the City Eng’ineer within 60 days after written i demand so to do by City. Property Owner shall not be required to make said improvements -before 6/25/85 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 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 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) - . . .--_ ._. -. - .-.. - .-..__._.._ . .-. _ . . _ -. __ ._ ___. .._. .-. _ .___ -. -- - - C 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 fai 1 to install and construct sa id 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 ions of the property reasonab ly necessary for said . construction, and the entire cost and expense shall b,” portion or port engineering and charged against f said property and payable b Y successors, hei rs, ass i gns, or transferees i of said improvements. In the event same is completion, City may foreclose said lien as foreclosure of mortgages. said Property Owner, hi& mmediately upon completion not paid within 30 days from provided by law for the (b) Direct the City Engineer to estimate the cost of necessary engineering, and the work required to install and construct sai..d improve- . . ments, and foreclose said lien in said amount. (c) Pursue any remedy, l*egal 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 lien to the lien 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__c...I 1. . .,.- ./,__--_ .- __._. ^. “-.. -. ._ ..- .-_._. _-__-..-. . .--...-_- __ - -, - - ---I .,-- . ..O:- I 1064 - . trusteei’ sale of any such 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 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. i t L 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 of.f icer 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 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 arising out of, the use of any patent or patented article 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 Engineer of City. Sect ion 8. This agreement and the covenants contained herein shall be bindinq upon and inure to the benefit of the successors, heirs, (4) 8 . f .- .._. . . . . _- . ..___ _ _i .,“*. _. . -. - .*.-,_-, ._ _ . . _ .*ri)b 1965 - . t’rus thei .’ sale of any such 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 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 depos.it 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. i Sect ion 6, Said City shall not, nor shall any officer or i 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 of.ficer 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 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 froin 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 further agreed that said Property Owner will at all times up to the completion and acceptance o-f 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 shall be bindinq upon and i agreement and the covenants contained herein nure to the benefit of the successors, hei rs, (4) ,!’ - ** J- 1966 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: r MGdL ~8cBlF’TION ORDER NO. 882630-14 The led referred to herein 18 l ltueted In thi Stete of Callfornl8, County of ggn Dlego, u&d ie described l e folloue: more portione of Section8 23, 24, 25 end 26, Tovnehlp 12 South, Etenge 4 Wart, gen krnrrdlao ILee and lkrldlen, in the City of Cerlebed, County of San Muor Stete of CellfOrni~, l ccordlng to United Stetee Covcrment Survey thereof, being deecrlbed l e folloue: BegInnIng 8t ‘B8fereace Point 9’ es deelgnefed end dcllneeted on k Coet8 Velley Unit m. 4, 8ccordlng to tip thereof m. 5781, filed In the Office of the County &corder of Sea Diao County, Septrbet 14, 1966, l eid point eteo being on the Northerly bounder9 of l eld mp Wo. 5781; thence mrth 89’16’23” West (North 89’14’58” Ueet per Mep m. 5781) l long seld mrtherly boundary end the prolongetion thereof 273.75 feet ; thence loevlag l eld mrtherly boundary North 5.12’03’ &et 442.26 feet to the beginning of 8 tengent 1000.00 foot redlue curve concave Ueeterly; theace mrtherly 8ad mrthueetcrly along l eld curve through l centrel angle of 21.15’34” A dlrteace of 371.05 feet; thence tengent to reld curve mrth 16*03’31’ Meet 243.88 feet to the beginning of l taogent 300.00 foot redlur curve coaceve geeterly; thence Northerly 8nd mrtheeeterlp along l eld curve through l ceatrel angle of 45’17’29” l dletence of 237.14 feet; thence tengeat to l eid curve North 29.13’58” hat 60.63 feet to the beginning of 8 tengeat 800.00 redlue curve coceve mrthuaeterly; thence mrtheeeterlp end mrtherlp along l eid curve through e centrel eagle of 26.34’36’ l dletence of 371.08 feet; thence tengent to 88id curve North 2’39’22’ Eeet 311.48 feet to the beginning of l 600.00 foot rdlue curve concave Ueeterly; theace Northerly elong l eld curve through l central 8nglc of 15*36’09” 8 dletence of 163.39 feet; thence tengent to l eld curve North 12’56’47” Ueet 56.41 feet to the beginning of l tengent 600.00 foot r8dlue curve coaceve Ebeterlp; thence Northerly along l eld curve through 8 central l nglc of 19’48’26” 8 dletence of 207.42 feet to the beginning of l reverse 450.00 foot rediur curve conceve Southweeterly; thence Northerly end mrthwerterly l long l eld curve through l centrel angle of 44.43’38” e dletencc of 351.29 feet; thence tengent to 88ld curve North 37’51’59’ Udet 263.43 feet to the beginning of l tengent 400.00 foot r8dlur curve conceve Southvcetcrly; thence Nortkeeterly eloqg uid curve through l central angle of 36’24’50” 8 dleteace of 254.22 feet; theace t8went to 88id curve North 74’16’49” Yeet 495.90 feet; thence mrth 33*21*02’ Ueet 326.09 feet to the beginning of l tengeat 25 foot redlue curve coaceve geeterly; thence mrthwetekly, Northerly end Northe8eterlp along l 8ld curve through l ceatrel angle of 92*22’51’ l dlet8ace 40.31 feet to the beglnalng of l corpound 1349.00 foot redlue curve conmved Southeeeterly ttnnce mrtheeeterly elong l eld curve through 8 ccntrel eagle of 15*00’12’ l dleteace of 353.25 feet; thence teagent to uld curve lsorth 74’02’01’ Xaet 300.00 feet to the beglaalag of l tengent 1451.00 foot redlue curve conceve mrthueeterly; thence mrtheeeterly eloag l eld curve through l centrel 8ngle of 14*02’52’ 8 dletence of 355.76 feet; thence tangent to l eld curve linrth S9*59’09’ lket 935.00 feet to the beginning of l tengent 25.00 foot redlue curve coaceve Southerly; theace mrtheerterly, geeterly end Southueterly through l centre1 l ugle of 90*00*00’ l diet&ace of 39.27 feet; thence tengent to l eid curve muth.30°00*51’ met 100.00 feet to the beginning I i I of a t8sgent 3w-w foot r&fur curve UOrthea#tetly; thence Southeeeterly l long uid ewe through 8 ceetr8l 8ngle of 44*08’45’ e dlatence of 330.00 feet; thence non-tengent to l eid enwe South 38.22’25” Ueet 179.92 feet to the beginning of 8 t8ogent 433.00 foot redlue curve conceve Southeeeterly; thence goutlmeterly 8nd Southerly elong uid cerve through l centrel e-18 of 26’40’33’ 8 dl8tmce of 201.60 feet; thence tengent to eeld curve South 11*41’52” Ueet 230.90 feet to ths beglaalng of l tengent 1433.00 foot rdiue curve conceve geeterly; thence Southerly along uld curve through l centre1 angle of 28’20’46’ 8 dletencc of 708.95 feet; thence teageat to l eld curve South 16*38’54’ Eeet 492.02 feet to the beglnalag of l tengent 767.00 foot rdlue curve coaceve Ueeterly; thence Southerly end Soutlueeterly llong l eid curve through l centre1 eagle of 46*55’00’ l dleteace of 628.06 feet; thence tengent to l eld curve South 30’16’06’ Ueet 286.62 feet to the beginning of a tengeat 433.00 foot redlue curve coocave Southe8eterly; thence Southueeterly end Southerly along l eld curve through l ceatrrl eagle of 18*51’35” l dletance of 142.53 feet; thence tengeat to l 8id South 11*24*31” Ueet 1087.63 feet; thence gouth 12’55’43” Ueet 200.00 feet; thence South 3’22’46” E88t 112.77 feet; thence South 2.23’01’ geet 54.59 feet to l point on the 8rc of l 1001.00 foot redlue curve coacme goutherly, l r&ill line to l eld point be8re North 2’19’33’ gaet, l aid’ point l leo belag l point on the mrtherlp bounder9 of -id Up PO. 5781; thence llong raid curve la l Ueeterly direction along l eld mrtherly boundery through l e ceatrel eagle of 1*35’56 l dletence of 27.93 feet; thence t8ngeot to uld curve mrth 89’16’23’ Ueet 98.00 feet; thence mrth 0’43’37’ Eeet 17.00 feet to the Poiat of kgiaaing. gXCEpTLNC TJBUFPOI thet portioa l e conveyed to the Clty of Cwlebed In Iked recorded Decrber 9, 1983 l e lile m. 83-449259 of Offlclel &cordr. j=/b (5) * . , Section 10. The required improvements to be constructed and the estimated costs thereof are as follows: Improvements Estimated Costs See attached cost estimate. $ TOTAL Dated: (IlaQ4&0‘,48Y CITY OF CARLSBAD, a Municipal STATE OF CALIFORNIA ) 1 ss. COUNTY OF SAN DIEGO ) On 7 /v -d before me the undersigned, a Notary Public-&n and Mr said Siate, personally appeared 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 Municipal Corporation, . and acknowledged to me that such City of Carlsbad, California, executed the same. WITNESS my hand APPROVED AS TO FORM: Vincent F. Biondo, J City Attorney arlu UI I ILlal beal. (Notarial acknowledgement of execution of owners must be attached). -6- 1968 STATE OF CALIFORNIA ORANGE COUNTY OF al E On__ July 20, 1984 before me, the undersigned, a Notary Public in and for l- W. A. Colton, III : said State, personally appeared______- .c; --and k Michael K. Ryan , personally known to me (or proved to me on the IA basis of satisfactory evidence) to be the persons who executed the within instrument as- ez gg Vice President and!!%? Pres i def6%4&& on behalf of =u Daon Corporation .o ;;;8 82 the corporation therein named, and acknowledged to me that I g; such corporation executed the within instrument pursuant to its CONNIE BERGLUNO 0 + Notary Public . California by-laws or a resolution of its board of directors. G ssion Expires Oct. 25, 1986 $ and official seal. : E? (This area for official notarial seal) c 0 4 C \ u L 5 : : I : t ., I t k u r & I r v x . n 2 L 0 I a ; 1 . ; . I I : I I I I ; . . : ) l > ’ 1 - J I . . . . . i I I 1 . . . . . . . . : L . 2 r z z i f 3 n I I 1 . , I 1 I . : 1 : . : i : i I 4 l- I I I . I I I sz NO N-3 *al n0 A0 ; \d 30 30 30 5 zf lid N>. . -IA. s s-l I- zi h 0 ti 2 Q Q % 4 -rl , CL - T- > z n . 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