HomeMy WebLinkAboutSDP 80-11A; Pea Soup Andersons Buellton; 82-397863; Future Improvement Agreement/Release82-397863 ‘ : . s _ ‘I / -. -< 34
. * r Rrf-0FCT.l) ‘>j c .I OFFiClAL Rk;Cf!l?S ---I OF SAN XGCI CLL~T‘:‘.CA. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:
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EG! DEC 29 AH IO: 06
City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008
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! 1 MO Space above this line for Recorder's use
entary transfer tax: $No fee
Signature of declarant determining tax firm name City of Carlsbad
Parcel No.zl/ - oz / + 13
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as "City", and Pea Soup
Andersen's Buellton, a California corporation, hereinafter referred
to as "Property Owner".
RECITALS:
WHEREAS, Property Owner has applied to City for an occupancy
permit for the first phase (75 units) of their motel development on
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 o
are made to City:':and
WHEREAS,
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the Municipal Code of City and Site Deve
80-11(A) approved by the Planning Commission on May 26, 1982 by
Resolution No. requires certain improvements and dedications
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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 Paseo De1 Norte.
Section 2. That Property Owner, in lieu of making the here-
inafter described improvements before approval of said permit is
granted, agrees to install and construct, or cause to be installed or
constructed, said improvements in accordance with plans and specifica-
tions approved by the City Engineer within 60 days after written
demand so to do by City. Property Owner shall be required to make
said improvements within 18 months or occupancy of second phase of
motel development, whichever occurs first.
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 $664,000.
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 2-l. The Property Owner shall, during the period of
time between the execution of this agreement and the City's acceptance
of said improvements, relinquish access rights to Paseo de1 Norte for
the motel. Access to Paseo de1 Norte for the motel shall be limited
to that shown on the circulation plan marked Exhibit A attached hereto
and made a part hereof.
Section 3. That for the faithful performance of the promises
and convenants herein contained, Property Owner hereby grants to City
a lien upon the hereinafter described property in the amount of
$664,000, plus any future increases of cost in excess of this sum
resulting from increased engineering and construction costs, and in
the event Property Owner, his successors, heirs, assigns, or trans-
ferees fail to install and construct said improvements in the manner
and within the time specified herein, he agrees that City may do any,
or all of the following:
(a) Have the necessary engineering for said improvements
(2)
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done, and install and construct said improvements by contract or
otherwise. City or its contractor and his 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, his
successors, heirs, assigns, or transferees immediately upon completion
of said improvements. In the event same is not paid within 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, his 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 benefi-
ciaries 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, his successors, heirs, assigns, or transferees, and
the lien hereby created shall be and is hereby!subordinated to and
declare 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 I 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, his 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
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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 improve-
ments, but all of said liabilities shall be assumed by said Property
Owner, and his 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 improve-
ments. Said Property Owner, and his 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 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 trasnferees 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 follws:
See Exhibit B attached hereto and made a part of.
(4)
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b I ;A-. B
c LEGAL DESCtiIPTION - f , ~ . , I , I L 1199 r
1 -. * 0 ’ ,. ‘* EXHIBIT B . , ;
. All that portion of Lot H of Ranch0 Agua Hedionda, in the City ' -
of Carl shad, County of San Diego, State of California, accord: - .__ +'--
ing to map thereof No, 823 filed in the Office of the County- - **
Recorder of San Diego County, that -is within the following de- - - scribed boundary:
Commencing at the Southeasterly corner of Carlsbad Tract h‘o, 72-3 l -
according to map thereof MO, 7492 filed in the Office of The -
County Recorder of San Diego County, Thence South 67"31'40" West
{South 67"30'38" West per Kap 7492) along the South line of said Carlsbad Tract No, 72-3 a distance of 302.39 feet to the POINT GE' BEGINNINg; thence continuing along the aforementioned South-
erly line of Carlsbad Tract MO. 72-3 South 67O31'40" West a
distance of 400.00 feet to the Easterly Right-of-Fay line for
Interstate Highway I-S; thence the following bearings and dis-
tances along aforementioned Easterly Right-of-Way: South 26"lO'OO"
East 68-00 feet; (South 26"1'0'25" East 67-96 per Carlsbad Tract
No. 72-3); thence South 25"10'12" East 300-04 feet (South
25"12'42" East 300-04 per I-5 Right-of-Way P:ap LO 3775); thence
South 26"41"12" East 900106 feet; thence South 33"45'41" East
151-33 feet; thence South 41O32'36" East 207-42 feet; thence South 45"41'14" East 583-20 feet (South 45"41'18" East 583-55
feet per I-5 Right-of-Way P:ap LO 3772); thence South 74"05'19"
East 171-01 feet (South 74"05'19" East 169-57 feet per I-5 Right-
of-Way Kap LO 3772) to the Northerly Right-of-Way line of Palomar
Airport Road as shwon on Road Survey 1534; thence South 87"50'23"
East along said Northerly Right-of-Way 265-64 feet to the Westerly
line of that certain easement for public road as described in a
deed to the City of Carlsbad, recorded December 30, 1972 as File
NO. 320458.: thence North 2"09'37" East along said Westerly liner
177-31 feet (North 2"09'55" East 176-97 feet per said file No. 3204583 to the beginning of a tangent 557-00 foot radius curve
concave Westerly: thence Gortherly and Westerly along said curve through a central angle of 76"13'54" for an arc distance of
741-08 feet; thence leaving said curve along a nontangent line.-- .. : c &-*
P;iorth 22"29'22" West, 105.49 feet, to the Mortherly line of afore?:,- I :;.'
mentioned public road as described in said file Ko, 320458,:g-:i--~r: :i_- ;*
radial at said point bears South 10°04'3?" West, also being the-',I;.f,;tt- * .-- "
beginning of a nontangent 643-00 radius curve concave South&rl~j.~.f: <--::I.
thence Westerly along said road easement through a curve.-witi a<::%:-~?~---?
central angle of 4"43'15" for an arc distance of 52-98 feek~.t&%>~~~~;~-- i
point of tangency: thence continuing along said road easem'en~-il;!::'-~-~;1-:; ::
North 84"38'36" West 239-30 feet to the' beginning of;a 55.7.00?-~~:'~~q'rz : ?:;".<i
foot radius tangent curve concave Northeasterly; thence Westerly
and ivortherly along said curve through a central. angle of 84"08'18" for.an arc distance of !56-,84, feet to a point of tangency; thence
Forth 3"29142f-- East a distance-of 297,-8S-feet (North 03°30'OO"
East 296-12 per file No- 320458) to the beginning of a 643-00 foot'--fI----z. _-. _ radius tangent curve Concave Westerly; thence h'ortherly along.-:. . .P
s3j.d curve through a central angle of 25"58'23" for an arc dis-:.--;--: f -:-: :
tance of 291-48 feet to a point of tangency; thence Northm22025'02" _
west 2-84 feet (North 22"29'22" West 4.38 per file NO, 320458) to- _
THE POINT OF BEGIbXING. -. _ *
Containing 18-8 acres more or less.
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Section 10. The required improvements to be constructed and
the estimated costs thereof are as follows:
Improvements
As shown on Improvement Plans Drawing No. 218-38 on file in the City Engineer's Office and incorporated by reference herein
Estimated Costs
$664,000
Total Cost $664,000
Date:&&5ii&BK/~~ /9/a /
CITY OF CARLSBAD, a Municipal Corporation of the State of y3L-.mL-.D
FRANK D. ALESHIRE City Manager
STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO )
On c2ecw#7~~* oz3 i--P& , before me the undersigned, a Notary Public i-fi and for said State, personally appeared Frank D. Aleshire, known to me to be the City Manager of the City of Carlsbad, a Municipal Corporation of the State of California, known to me to be the person who executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that
such City of Carlsbad, California, executed the same.
WITNESS my hand and official seal.
,
City Attorney
(Notarial acknowledgement of execution of owners must be attached).
(5)
STATE OF CALIFORNIA > E COUNTY OF SANTA BARBARA
1982 1 .55. 1201
f 0" December 21, --,
s
before me, the undersigned, a Notary Public in and for
said State, personally appeared TIMOTHY J. OiEEALY
:‘, 7 (L .)+ f +$ * t Q * :k $+ .x x. B s (
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known to me to be the President, and
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; known to me to be the Secretary of the corporation that executed the within instrument,
I and known to me to be the persons who executed the within
: ii instrument on behalf of the corporation therein named, and ac-
knowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board of
directors.
CFFICIAL SEAL
F.‘lARYJAF?!E !“ICODFIN
WITNESS my hand and official seal.
Signature
t-1
Name (Typed or Printed)
NOTARY PU”LIC - CALIFORNIA PRINC?,‘.!. CFF;3E IN
SANiA BARBARA coum
My Commission Exp. Aug. 8, 1986
(This area for official notarial seal)
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