HomeMy WebLinkAboutMS 707; Kratcoski, Joseph Peter Jr.; 86-376458; Future Improvement Agreement/Release. A.
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CITY OF CARLSBAD >
1200 Elm Avenue >
P- 376458
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Documentary transfer tax: No Fee
P/d Sicjnature of declarant determining tax-firm name
City of Carlsbad
Parcel No. 205-020-06
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a
municipal corporation, hereinafter referred to as "City", and
JOSEPH PETER KRATCOSKI, JR., hereinafter referred to as “Property
Owner".
RECITALS:
WHEREAS, Property Owner has applied to City for a Minor
Subdivision No. 707 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
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WHEREAS, the Municipal Code of City and conditions
attached hereto and incorporated by reference herein require
certain improvements and dedications as a condition of approval
of this Minor Subdivision No. 707; and
WHEREAS, Property Owner has requested said Minor
Subdivision No. 707 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. 707 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 Pine Avenue.
Section 2. That Property Owner, in lieu of making the
hereinafter described improvements before approval of said Minor
Subdivision No. 707 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, 1986 or within such further
period of time as is granted by City, provided, however, that
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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
construct ion of said improvements at the time of signing this
cant ract is SIX THOUSAND FIVE HUNDRED ONE AND 60/100 DOLLARS
($6,501.60). 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
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grants to City a lien upon the hereinafter described property in
the amount of $6,501.60 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 improve-
ments 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.
cc> Pursue any remedy, legal or equitable (including
those specifically referred to herein), for the foreclosure of a
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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 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. 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 City, nor any officer or
employee thereof, be liable for any injury to persons or property
caused by or resulting from, in whole or in part, the 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
until such improvements are completed and fully accepted by the
City. 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.
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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 I
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 portion of Lot 10 of Subdivision of Tracts No.
114 and 120 of CARLSBAD LANDS, according to Map
thereof No. 1744, filed in the Office of the County
Recorder of San Diego County, January 3, 1923,
bounded and described as follows:
Commencing at a point of intersection of center line of Highland Street and center line of Pine
Avenue; thence along center line of said Pine
Avenue South 55”27’ West a distance of 898.57 feet
to the point of beginning; thence North 34”33’ West
distance of
;5”27 t
240 feet to a point; thence South
West a distance of 90.75 feet to a point on
the Southwesterly boundary line of said Lot 10;
thence along said last mentioned line South 34”33’
East a distance of 240 feet to a point on the
center line of Pine Avenue; thence along said center line of Pine Avenue, North 55”27’ a distance
of 90.75 feet to the Point of Beginning.
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Section 10. The required improvements to be constructed
and the estimated costs thereof are as follows:
Improvements
Curb and Gutter
6” Aggregate Base
3" Asphalt Pavement
Sidewalk Portion of Street Light
Estimated Costs
$ 998.25
$ 907.50
$ 1,996.50
:
1,225.OO
526.35
SUBTOTAL 5,653.60
+15% ENGINEERING CONTINGENCY : 848.00
TOTAL COST $, 6.501.6B
IN WITNESS WHEREOF, we have hereunto set our hands and
seals this 8 day of 9 I=& kid2
JOSEPH PETER KRATCOSKI, JR. CITY OF CARLSBAD, a Municipal Corporation of the State of California
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
/ arv PIIhMe
STATE OF CALIFORNIA ) > ss.
COUNTY OF SAN DIEGO )
On /A& , before me the undersigned, a
Notary Public in and for persafially appeared Martin Orenyak, known to
me to be the Community Development Director 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.
~***************************** OFFlclAL SEAL t KAREN R. KUNDTZ 2
NOTARY PUBLIC-CALIFOhNIA 2 SAN OIEOO COUNTY t My Comm. ENC. Sept. 27. lW9 . NotaI;r/Putic 0
QENERAL ACKNOWLEDGMENT NO. 201
State of CALIFOMIA On this the 8thday of August 1986, before me,
ss.
County of SAN DIEGO Gisela Hauser
the undersigned Notary Public, personally appeared
rrt********************************* * OFFICIAL SEAL i
GISELA HAUSER 3
NOTARY PUBLIC-CALIFORNIA x
d NOTARY BOND FILE0 IN *
SAN DIEGO COUNTY i - J
z My Canmlssion Expires July 14. 1989 $,
************************************
I
Joseph Peter Xratcoski. ,JT-- I
?I personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is subscribed to the
within instrument, and acknowledged that he executed it.
WITNESS my hand and oHcial seal. Lgiz& d!L&c
Notary’s Signaturq