HomeMy WebLinkAboutMS 657; Mulligan, Thomas & Deborah; 84-480326; Future Improvement Agreement/Release. -.’ .
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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
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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
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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
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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.
(Seal)
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023200 s-02* 25 PS Individual Notarial Acknowledgment