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HomeMy WebLinkAboutMS 650; Daon Corporation; 85-441496; Future Improvement Agreement/Release. . . i : - -. . RECORDING REQUESTEO BY AND ) WHEN RECORDED MAIL TO: I CITY OF CARLSBAD 1 1200 Elm Avenue. > Carlsbad, CA 92008 1 * 85-Q41496 I-*.- - Space above this line for Recorder use. ntary transfer tax$$n firm name City of Carlsbad Parcel No. J&?-a66 -3l/ CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a . municipal corporation, hereinafter referred to as "City", and Daon CorPoratioI A Delaware Corporation , hereinafter referred to Owner". RECITALS: WHEREAS, Property Owner has applied to Cit Minor Subdivision No 650 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 wou1.d 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 conditions of approval (Exhibit A) attached hereto and incorporated by reference herein require certain improvements and dedications as a condition of approval of this minor subdivision No 650 ; and WHEREAS, Property Owner has requested said minor subdivision No 650 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 said Minor Subdivision 650 desires 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 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 Property Owner for minor subdivision No 650 . Section 2. That Property Owner, in lieu of making the hereinafter described improvements before approval of said minor subdivision No 650 is granted, agrees to install and construct, or cause to be installed or constructed, said improvements in accordance with plans and specifications approved by the City l Engineer within sixty (60) days after written demand so to do by City. Property Owner shall not be required to make said improvements before one year 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 intersecting streets on both sides of the street upon which the property herein described has frontage, have agreed with City to install street improvements 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 $260,00.0.00 Property Owner hereby acknowledges that said cost is a reasonable ion costs at this time and that in the future may exceed this est the est imate of engineering and construct actual cost of same at some time imate. .,): ‘,-\. . . -4 ; 1 9‘ * . 1485 - . ;. . . , .t.‘ . 1486 Section 3. That for the faithful performance of the promises and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $260,000.00 plus any future increases of cost in excess of this sum resulting from increased engineering and construction costs, and in the event Property Owner, Property Owner's successors, heirs, assigns, or transferees fail to install and construct said improvements in the manner and within the time specified herein, Property Owner 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 otherwise. City or its contractor and contractor's 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, Property Owner's successors, heirs, assigns, or transferees immediately upon completion of said improvements. In the event same is not paid within thirty (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 necessary engineering, and the work required to install and said improvements, and foreclose said lien in said amount. of construct (c) Pursue any remedy, legal or equitable (including those specifically referred to herein), for the foreclosure of a lien, and the Property Owner, Property Owner's successors, heirs, assigns, and transferees, shall be liable for reasonable attorney's fees as a cost in said proceedings. Section 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, Property Owner's 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 @,.’ ‘: -- .._ . *, I 1487 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 hereinafter described is acquired by or as a result of a foreclosure or trustees' 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, Property Owner's 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 property to be released from the lien herein imposed. Section 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 Property Owner's successors, heirs, assigns, and transferees, and they shall save the City harmless from, and indemnify the City against, any and all claims, suits and liabilities of or to any person or property injured or claiming to be injured as a result of said work or improvements. Said Property Owner, and Property Owner's 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 improvements 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. Section 8. This agreement and the covenants contained herein shall be binding upon and inure to the benefit of the successors, h,eirs, assigns, and transferees of Property Owner, shall run with said real property, and create an equitable servitude upon -0 - said real property. Section 9. A description of the property referred to herein and upon which said lien is imposed is described as follows: see Exhibit "B" attached Section 10. The required improvements to be constructed and the estimated costs thereof are as follows: Improvements Estimated Costs s see Exhibit "C" attached TOTAL COST b IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 198-. CITY OF CARLSBAD, a Municipal Corporation of the State of California D. ALESHIRE, City Manager \ ? ” * - .-* . . , .b 1489 s STATE OF CALIFORNIA COUNTY OF SAN DIEGO / CITY CLERK APPROVED AS TO Vincent F. Biondo, Jr. City Attorney - . (PLIMX ATTACH NOTARIAL ACKNOWLEDGEMENT OF OWNERS SIGNATURE HERE.) STATE OF CALI FO NIA COUNTY OF 8 range a, E + On October 9, 1984 -Is,. I -I before me, the undersigned, a Notary Public in and for 5 said State, personally appeared . .o l(&pl K RuaJl and k F W-A. Colton, III , personally known to me (or proved to me on the zp E:: basis of satisfactory evidence) to be the persons who executed the within instrument as iiE Vice President and V.P. -0 xw on behalf of -- ‘0 .o %;;8 DAON CO-ON 8: g; the corporation therein named, and acknowledged to me that g.5 suchcorporation executed thewithin instrument pursuanttoits I by-laws or a resolution of its board of directors. G B WlT6JESS my hand and official seal. ‘0 ,- 2 a Y?J? Signature ‘I L2-4-u -i, 4 1 -&VC Marcia A. Brown (This area for official notarial seal) A.-. .-._ --.- .--.- _ ---.. --=Ts--r: :c -:y--- ~-.~z-:T’:-‘.;- _ .-.- __.- __ STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN ~XEG~ 1 On 9 /y/r , before me the undersigned, a Notary Public in a ta&', personally appeared Frank N. Mannen, known to me to be the Asst. 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. Notary P&ii- Cdifomia Wr Cmmtti Emr Sue 11. tm5 1200 ELM AVENUE CARLSBAD. CA 92008*1969 Office of the C/ty Engineer . 149\, atp of 4CarIduib TELEPHONE (619) 438-5541 August 30, 1984 EXHIBIT "A" Daon Corporation 4350 Von Karmon, Suite 100 Post Office Box 7080 Newport Beach, California 92.658-7080 PROPOSED MINOR SUBDlVlSION NO. 650 A.preliminary decision has been made, pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code, to approve the tentative, map of the proposed minor subdivision subject to the following conditions: 1. 2. 3. 4. ;i 5. This subdivision is approved upon the express condition that no building permits will be issued until the property is further subdivided pursuant to the State Map Act and local ordinance. A note to this effect shall be placed on the parcel map. Additional drainage easements and drainage structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engineer. Prior to parcel map approval, the o'wner shall dedicate additional rights-of-way for Ranch0 Santa Fe to modified prime arterial standards.to the satisfaction of the City Engineer. Prior to parcel map- approval the developer shall enter into a Lien. Contract Agreement for the future improvement of half width Ranch0 Santa Fe along the subdivision frontage. Direct access rights for all lots abutting Ranch0 Santa Fe shall be waived on the final map. Proposed Minor Subdivision No. 650 August 30, 1984 Page: 2 6. 7. 8. 9. 10. 11. 12. Land for all public streets and easements shown on the tentative map shall be dedicated on the final map and shall be granted to City free and clear of all liens and encumbrances. Prior to parcel map approval the developer shall enter into a secured agreement for the design and construction of half width Mission Estancia adjacent to the existing and future park dedication sites. The installation of these improvements shall be within sixty (60) days of being notified in writing to install such improvements by the City Engineer. The lot line between Parcel 2 and Parcel 3 may be modified with the approval of the City Engineer to conform with the pending development plan on these parcels. All required fees and deposits shall be paid prior to final parcel map recordation. (See attached list.) The tentative parcel map approval shall expire two (2) years from,the date of the letter containing the final decision for tentative map approval. This approval is expressly conditioned on the payment by the Applicant of the Public Facilities Fee as required by the e City Council Policy No. 17, dated February 23, 1982, and effective April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the Applicant for payment of said fee. If said fee is not paid as promised, this application will not be consistent with the General Plans and the project cannot proceed and this approval shall be void. The Applicant may request a review of the conditions in wrjting within ten (10) days of the date of this approval. . Q-cfdtlLE,, w RONALD A. BECKMAN City Engineer RAB:DH:lch Attachment 1. 2. - ’ 1492 FEES AND DEPOSITS MINOR SUBDIVISION NO. 6.50 Parcel Hap Fee Duplicate Tracing Deposit TOTAL $ 100.00 s 50.00 $ 150.00 . . l - 1493 EXHIBIT "B" The land referred to herein is situated in the State of California, County of San Diego, and is described as follows: Those portions of Lots 5 and 6 in Section 31, Township 12 South, Range 3 West, San Bernardino Base and Meridian, according to United States Government Survey, and of Section 6, Township 13 South, Range 3 West San Bernardino Base and Meridian, according to United States Government Survey, and of Lot 4 of Ranch0 Las Encinitas, according to Map thereof No. 848, filed in the Office of the County Recorder of San Diego County, June 27, 1898, all being in the City of Carlsbad, in the County of San Diego, State of California, and described as a whole as follows: Beginning at the intersection of the centerline of County Road Survey 454 (known as Ranch0 Santa Fe Road) as described in Deed to the County of San Diego, January 21, 1930 in Book 1737, Page 4 of Deeds, with the centerline of that 84.00 foot strip of land (known as Mision Estancia) described in Deed to the City of Carlsbad, July 14, 1977 as File No. 77-281161 of Official Records; thence along the centerline of said Road Survey 454 North 19005'41" East, 328.93 feet to the beginning of a tangent 1000.00 foot radius curve concave Westerly; thence Northerly along the arc of said curve through a central angle of 8003'17" a distance of 140.58 feet; thence tangent to said curve North 11002'24" East, 610.14 feet, (North 11°02'24" East 608.79 feet per Map No. 8059) to the beginning of a tangent 1000.00 foot radius curve concave Southeasterly; thence Northerly and Northeasterly along the arc of said curve through a central angle of 17038'34" a distance of 307.92 feet to a point in the boundary of Parcel Map No. 12586, recorded February 25, 1983 as File No. 83-060598 of Official Records; thence along said boundary of Parcel Map No. 12586 South 63038'35" East, (South 63037'48" East per Parcel Map No. 12586), 136.62 feet; thence North 77°00'OO" East 665.02 feet (665.00 feet per Parcel Map No. 12586); thence North 38049'33" East 99.99 feet, (North 38050'03" East 100.00 feet per Parcel Map No. 12586); thence North 38050'29" East 42.00 feet, (North 38050'03" East per Parcel Map No. 12586), to the centerline of that 84.00 foot strip of land (known as La Costa Avenue), described in Deed to the City of Carlsbad, July 14, 1977 as File No. 77-281161 of Official Records; thence along said centerline of La Costa Avenue, South 51009'31" East, 174.99 feet to the beginning of a tangent 1000.00 foot radius curve concave Northerly; thence along the arc of said curve through a central angle of 5056'00" a distance of 103.56 feet; thence radial to said curve and leaving said centerline of La Costa Avenue, South 32054'29" West 42.00 feet to a point on the Southwesterly line of said La Costa Avenue; thence South 36009'29" West 120.00 feet; thence South 64039' 29" West 172.00 feet; ’ * , . . ” J . r. a thence South 40059'29" West 114.00 feet; thence South 9059'29" West 254.00 feet; thence South 15O59'29" West 116.00 feet; thence South 23O44'29" West 212.00 feet; thence South 8029'29" West 280.00 feet; thence South 63OO0'31" East 94.26 feet to the Northwesterly line of that certain land described in Deed to the City of Carlsbad, December 15, 1980 as File No. 80-420522 of Official Records; thence South 76059'56" West 227.32 feet; thence South 22029'56" West 391.86 feet to a point on the centerline of the aforementioned 84.00 foot strip of land (known as Mision Estancia); thence along said centerline North 67030'04" West 296.67 feet to the beginning of a tangent 1000.00 foot radius curve concave Southwesterly; thence Northwesterly along the arc of said curve through a central angle of 7036'07" a distance of 132.68 feet; thence tangent to said curve North 75oO6'11" West, 239.09 feet, to the Point of Beginning. 2127A - * _. .,* . . , ‘, , . - .a ITEM 1. 2. 3. 4. 5. 6. 7. 8. 9. 1, i 1495 - EXHIBIT “C” W.O. LO8-84-02 MINOR SUBDIVISION NO.’ 650 ESTIMATE FOR LIEN CONTRACT AGREEMENT ON HALF-WIDTH CONSTRUCT ION OF RANCH0 SANTA FE ROAD DESCRIPTION Excavation Type G Curb IL Gutter 6" Curb Sidewalk- (5cWide) A.C. Paving & Base Material Street Lights (16,000 Lumen) Street Trees Median Landscaping & Irrigation Fire Hydrants $ 13,200.00 13,250.OO 10,600.OO 17,887.50 141,852.50 QUANTITY UNIT PRICE TOTAL 3,300 C.Y. $ 4.00 1,325 L.F. 10.00 1,325 L.F. 8.00 6,625 S.F. 2.70 61,675 S.F. 2.30 ..3 Each 2,900.oo 3,3 Each 100.00 11,270 L.F. 1.00 3 Each 2,030.OO Total: Contigency 15% 8,700.OO 3,300.oo ?11,270.00 I !, 6,090.OO $ 226,150.00 .\ $:j260,000.00 2040A