HomeMy WebLinkAboutMS 657; Mulligan, Thomas & Deborah; 84-480325; Future Improvement Agreement/Releaseh- - l .
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RECORDING REQUESTED BY AND ) ., 2346
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
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Documentar
firm name City of Carlsbad
Parcel No. 156-142-16
CONTRACT FOR FUTURE PUBLIC IUPROV
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as llCitytl, and Thomas T. and
Deborah L. Mulligan, hereinafter referred to as “Property Owner”.
RECITALS
WHEREAS, Property Owner has applied to City for a Minor
Subdivision No. 657 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 of
Approval incorporated by reference herein require certain improvements
and dedications as a condition of approval of this Minor Subdivision
No. 657; and
WHEREAS, Property Owner has requested said approval of Minor
Subdivision No. 657 be granted by City in advance of the time said
improvements are to be made; and
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WHEREAS, Property Owner, in consideration of the approval of
said Minor Subdivision No. 657 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 James Drive (future street).
Section 2. That Property Owner, in lieu of making the
hereinafter described improvements before approval of said Minor
Subdivision No. 657 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 November 30,
1985 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 FOURTEEN
THOUSAND SEVEN HUNDRED EIGHTY THREE AND NO/100 DOLLARS ($14,783.00).
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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
and covenants herein contained, Property Owner hereby grants to City a
lien upon the hereinafter described property in the amount of
$14,783.00 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 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
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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
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
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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,
heirs, assigns, and transferees of Property Owner, shall run with said
real property9 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:
THAT PORTION OF LOT FOUR OF WILSONIA TRACT, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 2169, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY AUGUST 13, 1929, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 4, THENCE
ALONG THE NORTHEASTERLY LINE OF SAID LOT 4, NORTH 34’33’ WEST
A DISTANCE OF 434.62 FEET TO A POINT, SAID POINT BEING THE
MOST NORTHERLY CORNER OF THE LAND CONVEYED TO FRED B.
WALTON, ET UX, BY DEED RECORDED IN BOOK 1761, PAGE 254 OF
OFFICIAL RECORDS OF SAN DIEGO COUNTY, AND THE TRUE POINT OF
BEGINNING; THENCE CONTINUING NORTH 34’33’ WEST ALONG THE
NORTHEASTERLY LINE OF SAID LOT 4, A DISTANCE OF 108.71 FEET
MORE OR LESS, TO THE MOST EASTERLY CORNER OF LAND CONVEYED TO
FRED B. WALTON, ET UX, BY DEED RECORDED IN BOOK 1728, PAGE
116 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY; THENCE SOUTH
55’27’ WEST ALONG THE SOUTHEASTERLY LINE OF SAID WALTON’S
LAND, A DISTANCE OF 400.58 FEET MORE OR LESS TO THE MOST
SOUTHERLY CORNER THEREOF; THENCE SOUTH 34’26’ EAST, A
DISTANCE OF 108.71 FEET MORE OR LESS, TO THE MOST WESTERLY
ORNER OF THE LAND CONVEYED TO SAID WALTON BY DEED RECORDED IN
BOOK 1761, PAGE 254 OF OFFICIAL RECORDS; THENCE NORTH 55’27’
EAST ALONG THE NORTHWESTERLY LINE OF SAID WALTON’S LAND, A
DISTANCE OF 400.80 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING.
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Section 10. The required improvements to be constructed and
the estimated costs thereof are as follows:
Improvements
108 LF 6" Type “G” Curb & Gutter
$lo.oo/ft.
2,160 Sq. Ft. 4” A/C/6” CL III
Base $1.6O/sq. ft.
900 Sq. Ft. P.C.C. Sidewalk
$2.75/sq. ft.
108 LF Water Main $18.70/ln. ft.
108 LF 8" Sewer Main
$25.00/ln. ft.
.25 Street Light $2,90O/each
.25 Fire Hydrant $1,60O/each
SUBTOTAL
+ 15% ENGINEERING CONTINGENCY
TOTAL COST
Estimated Costs
$ 1,080.OO
$ 3,456.OO
$ 2,475.OO
$ 2,019.OO
$ 2,700.OO
$ 725.00 $ 400.00
$ 12,855.OO
$ 1,928.OO
$ 14.783.00
IN WITNESS WHEREOF, we have hereunto set our hands and seals
this \$A day of &+&IV&L
CITY OF CARLSBAD, a Municipal
Corporation of the State of
California
By:
F. D. ALESHIRE, City Manager
STATE OF CALIFORNIA > > SS.
COUNTY OF SAN DIEGO >
.' 1 day of &PcmB undersigned, Public in and for
sa)id /y&ebefore me the personally
appeared F. D. Aleshire, known to me to be the City Ma’nager 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. ,
Principal Office In Sat7 Oh0 Countv I
(Notarial acknowledgement of execution of owners rust be
attached.)
STATE OF CALIFORNIA
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COUNTY OF San Diego
, before me, the undersigned, a Notary Public in and for said State, personally appeared . Mulligan and Deborah L. Mulligan
personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are
subscribed to the within Instrument and acknowledged that they executed the same.
WITNESS my hand and official seal.
(Seal \
023200 s-82* 25 PS Individual Notarial Acknowledgment