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HomeMy WebLinkAboutMS 655; Williams, William and Marlene M.; 86-035441; Future Improvement Agreement/Release- .- . . : L RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 523 86-035441 ,-. ,_-* . . . . ;-.I ;..,‘j$ ! i) 1’; ,,. 1 : [ j ,_” I- ,‘y ,;” .: * [.:- i . ., . i’ i Space above this li use. Documentary transfer tax: w #p7 of dalarant determining tax- City of Carlsbad Parcel No. 156-110-31 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as "City", and Daniel~. Williams and Marlene M. Williams , hereinaft Owner". RECITALS: WHEREAS, Property Owner has applied to City for a Minor Subdivision No. 655 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 conditions attached attached hereto and incorporated by reference herein require certain 'improvements and dedications as a condition of approval of this Minor Subdivision No. 655 t and L- -. -- WHLRFAS, Property Owner has requested said Minor Subdivision No. 655 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 No. 655 desires to enter into 0% 524 --. 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 for Highland Drive Section 2. That Property Owner, in lieu of making the hereinafter described improvements before approval of said Minor Subdivision No. 655 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 Engineer within sixty (60) days after written demand so to do by City. Property Owner shall not be required to make said improvements before July 1, 1986 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 $6,118.00 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. . o/v) 525 assigns, or transferees fa improvements in the manner Property Owner agrees that 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 $6,118.00 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, il to install and construct sa id and within the time specified herein, 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 of necessary engineering, and the work required to install and construct said improvements, 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, 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 0 526 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 61 u 527 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, heirs, assigns, and 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 and upon which said lien is imposed is described as follows: Parcel 2 of Parcel Map;'No. Section 10. The required improvements to be constructed and the estimated costs thereof are as follows: Improvements Clearing and Grubbing Curb and Gutter (190.6 L.F.) 3” A.C. on 8" Class II (950 S.F.) 5" P.C.C. Sidewalk (190.6 L.F.) Portion of Street Light + 15% Engineering Conti ?%%f. COST Estimated Costs $ 490.00 1330.00 1050.00 1680.00 770.00 $ 798.00 6118.00 IN WITNESS WHEREOF, we have hereunto set our hands and seals this .I$? d day of ,lM. - I CITY OF CARLSBAD, a Municipal Corporation of the State of California By: F. D. ALESHIRE, City Manager ’ . ., - -. 3, 528 - STATE OF CALIFORNIA 1 1 ss. COUNTY OF SAN DIEGO 1 On the &?/&day of Q+--- 198L, before me the undersigned, a Notary Pubm . fl for said'stat?? personally appeared F. 0. Aleshire, known tolie to be the City MaAager 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 A Vincent F. Biondo, Jr. City Attorney (Notarial acknowledgement of execution of owners must b attached.) +****+*****e**+*************++ tAra t 0FFlct~L SEAL t f KAREN R. KUNDTZ : t NOTARY FUBUC-CALIFORNIA SAN DIEGO COUNTY t * * MY Comm. EXP. Sept. 27. 1989 i *****+******+*************~#* & f STATE OF CALIFORNIA x . E COUNTY OFazn lss. I s On August 12, 1985 ,before me, the undersigned, a Notary Public in and for dl -9 F said State, personally appeared . -I a-l 2 ii s 3 2 5 c = ci F ‘D personally known to me (or proved to me on the basis of satis- factory evidence) to be the person(s) whose name(s) is/are sub- scribed to the within instrument and acknowledged to m he/she/they executed the same. WITNESS my hand and official seal. Signature (This area for official notarial seal) 1200 ELM AVENUE CARLSBAD, CA 92006-1969 Office of the City Engineer ditp of CarISbs?J October 12, 1984 TELEPHONE (619) 436-5641 Daniel and Marlene Williams 2619 Highland Drive Carlsbad, California 92008 PROPOSED MINOR SUBDIVISION NO. 655 - 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: I 1. 2. 3. 4. 5. This project is approved upon the express condition that Building Permits will not be issued for development of the subject property unless the City Council or respective Sewer Agencies determine that sewer capacity is available at the time of application for such permits and will continue to be available until time of occupancy. This note shall be placed on the final map. The Developer shall obtain a Grading Permit prior to the commencement of any clearing or grading of the site. The Owner of the subject property shall execute a Hold Harmless Agreement regarding drainage across the adjacent property prior to approval of the final map. 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. All rights-of-way necessary to complete a thirty (30’) foot one-half street along the frontage of this subdivision Daniel and Marlene Williams Minor Subdivision No. 655 October 12, 1984 0, 530 Page: 2 (i.e., Highland Drive and Forest Avenue) shall be dedicated on the final map. 6. Prior to final map approval, the applicant shall process a street vacation to obtain the necessary land required to provide Parcel 1 with at least the minimum square footage as provided in the R-1-7500 Zone. 7. Direct access rights for all lots abutting Forest Avenue along Parcel 1 shall be waived on the final map. 8. Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map, the Subdivider shall install, or agree to install, and secure’ with appropriate security as provided by law, improvement-s shown on the tentative map and the following improvements to- City Standards to the satisfaction of the City Engineer: a. Standard one-half street improvements of Forest Avenue. b. Standard one-half street improvements of Highland Drive. 9. The Developer shall comply with all the rules, regulations, and design requirements of the respective sewer and water agencies regarding services to the project. 10. All required fees and deposits shall be paid prior to final parcel map recordation. (See attached list. > 11. The Developer shall pay the local Drainage Area Fee prior to approval of the final map. (Area No. 3 > 12. This approval is expressly conditioned on the payment by the Applicant of the Public Facilities Fee as required by the. 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 Plan and the project cannot proceed and this approval shall be void. 0, 531 .-.--e._j.-,- _ Daniel and Marlene Williams Minor Subdivision No. 655 October 12, 1984 Page: 3 13. The tentative parcel map approval shall expire two (2) years from the date of the letter containing the final decision for tentative map approval. 14. The Applicant may request a revie’w of the conditions in writing within ten (10) days of the date of this approval. RONALD A. BECKMAN City Engineer RAB:CW:lch Attachment cc: Western Land Surveying 5850 Avenida Encinas Carlsbad, California 92008 0, 532 FEES AND DEPOSITS MINOR SUBDIVISION NO. 655 1. Final Map Check Fee f 100.00 2. Park-In-Lieu Fee* (544.00 x 2) $654/Unit (Credit for existing Bldg.) $ 654.00 3. Duplicate Tracing Deposit $ 50.00 4. Drainage Area Fee $ 3,008.32 (Area R3 - 3,808 X .790 grpss acre) TOTAL * This fee may be paid prior to Building Permit issuance. A bond for the amount must be posted prior to Final Map Approval. (Pick-up forms and agreements at the Engineering Department.)