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HomeMy WebLinkAboutMS 657; Mulligan, Thomas & Deborah; 84-480326; Future Improvement Agreement/Release. -.’ . ‘t .a ., 235s -~4-480326 1 - I EiEl:O!?flEfi 1~ ----I oFr-1cv4L RE;;C(:pS RECORDINS REQUESTED NAND OF SAN D!EGO couhiff et,, I WHEN RECORDED MAIL!JX): ; \ ~mxc27 A#10:51 CITY OF CARLSBAD 1200 Elm Avenue Carl&ad, CA 92008 Space above this line for Recorder's use. Documentary transfer tax: @sz> Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 156-142-16 COWJ!RACTFOR Fln!uRE PUBLIC IHPR0WHEm% THIS AGREPIENT is made by the City of Carl&ad, a municipal corporation, hereinafter referred to as "City", and Thomas T. and Deborah L. Mulligan, hereinafter referred to as "Property Owner". RRCITALS 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 attached hereto and incorporated by reference herein require certain improvements and dedications as a oxdition of approval of this Minor Subdivision No. 657; and mm, 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 2356 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 ia-provmnts 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 wrovements may, at the sole election of City, be required ti 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 n-ore 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 iqrovement district for the improvement of said streets. Said improvements shall be made without oost or expense to City. City estimates that the oost of engineering and construction of said inprovements at the time of signing this contract is SIX THWSAND SEVEN HDNDRED SIXTY FWR AND NO/100 I3XLARS ($6,764.00). 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 scme 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 $6,764.00 plus any future increases of cost in excess of this sum resulting from increased engineering and construction asts, 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 oontractor's employees may enter upon any portion or Fortions 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 -letion of said mrovements. 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 cx>st of necessary engineering, and the mrk required to install and construct said improvements, and foreclose said lien in said amount, (cl 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 mst in said proceedings. Section 4. That it is agreed that anything herein contained to the contrary notwithstanding, the premises and covenants made herein shall not be binding upon the holders, mortgagees, or beneficiaries of any purchase noney 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 2358 the lien of any such purchase money mortgage or purchase mclney deed of trust. The lien hereby created shall likewise be of ~x3 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 noney 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 aanount of bond to be the estimated oost 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 wrk 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 inrprovements. 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 cxxqletion and acceptance of said work 2359 and improvements by the City, give good and adequate warning ti 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 oxenants oxtained 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: THAT KM?IION OF IMT EWR OF WIISONIA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING 'IO MAP 'IHEREOFNO. 2169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO OZJNTY AUGUST 13, 1929, DESCRIBED AS FOW: BEGINNING AT 'IHE MOST EASTERLY CORNER OF SAID Lcrr 4, THENCE AlONG TEE NORTHEASTERLY LINE OF SAID LOT 4, NORTH 34"33' WEST A DISTANCE OF 434.62 FEET 'ID A POINT, SAID KXCNT BEING 'IHE MXT tXWl?HERLY C?XWER OF THE LAND CONVEYED To FRED B. WALm,J?l?US,BYDEEDRECORDED INE?OOK 1761, PAGE 254 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, AND 'IHE TRUE POINT OF BEGINNIM;; THENCE CONTINUING NORTH 34'33' WEST ALQNG 'IHE NORTHEASTERLY LINE OF SAID LOT 4, A DISTANCE OF 108.71 FEET KRE CR LESS, To 'IHE MXT EASTERLY CORNER OF LAND ~TOFREDB.W?&TQNET vg: BY DEED RECORDED IN BOOK 1728, PAGE 116 OF OFFICIAL RECORDS OF SAN DIEGO GXINTY; 'IHENCE SXJTE 55O27' WEST ALOZ THE SXJTHEASTERLY LINE OF SAID WLTW'S LAND, A DISTANCE OF 400.58 FEET MX?E aR LESS 'IO 'IRE MXT SOUThERLY CORNER 'IWREOF; THENCE SOUTB 34"26' EAST, A DISTANCE OF 108.71 FEET MORE OR LESS, To THE MOST WESTERLY CXXUUER OF THE IAND CONVEYED TO SAID WAL'IW BY DEED RECORDED IN BOOK 1761, PAGE 254, OF OFFICIAL RECORDS; THENCE NORTH 55'27' EAST ALONG THE NDRTHWESTERLY LINE OF SAID W4L'lX)N"S LAND, A DISTANCE OF 400.80 FEET MXE OR LESS TO THE TRUE POINT OF BEGINNIEJG. Section 10. The required improvements ti be constructed and the estimated costs thereof are as follows: Improvements Estimated Costs 108 Ln.Ft. 6" Type G Curb & Gutter $lO.OO/Ln. Ft. $1,080.00 1620 Sq.Ft. 4" A.C. Pavement/G" CL111 $2,592.00 Base - $1.60/Sq. Ft. 540 Sq.Ft. P.C.C. Sidewalk-$2.75 Sq.Ft. $1,485.00 .25% Street Light ($2,900 ea.) $ 725.00 SW $5,882.00 + 15% Engineering Contingency $ 882.00 TCYIALCOST $6,764.00 IN WITNESS HEREOF, we have hereunto set our hands and seals this \\ day of mtk Property Owner CITY OF CARLSBAD, a Municipal Corporation of the State of California STATE OF CALIF0PNIA ; ss. COUNTYOFSANDIIXO 1 On the /9* day of&ii~~&z& 1984 before me the undersigned, a Notary Public in and for said State, brsonsy *pared F. D. Aleshire, known to me to be the City Manager of the City of Carl&ad, 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 Carl&ad, California, executed the same. WITNESS my hand and official seal. APPROVEDAS'IOFOPM: City Attorney otary Public - California (Notarial acknowledgement of execution of owners must be attached.) STATE OF CALIFORNIA COUNTY OF San Diego 2361 On December 11, 1984 , before me, the undersigned, a Notary Public in and for said State, personally appeared T~Q T, M1111ignn and bhorah T.- Mllllipn 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 thev executed the same. i WITNESS my hand and official seal. 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