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
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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
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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.)
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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
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said State, personally appeared . -I a-l
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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
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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.)