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Home My WebLink AboutMS 751; Musser, Kurt & Sherry; 1991-0262227; Payment of Fees for Undergrounding Utilities1481 - RECORDING- tiEQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 CITY OF CARLSBAD 1200 Carlsbad Village Dr. ) Carlsbad, California 92008 ) I II Space above thisf4Rine CEUHTY RECORDER’S OFFICE EVANS i COUNTY REC@XR y.00 FEES: 7.00 rvlf: f.00 i7.013 fcir%Recorder's use Parcel No. 205-060-02 AGREEMENT TO PAY FEES FOR UNDERGROUNDING EXISTING OVERHEAD UTILITIES Ms 751 THIS AGREEWENT is entered into this 2 #27 day of _ &"fc , 1991 by and between Kurt B. Musser and Sherry1 Jo Musser hereinafter referred to as HDeQelopere' whose address is 3252 Highland Drive, Carlsbad, CA 92008 and THE CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as rrCity" whose address is 1200 Elm Avenue, Car&bad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A" attached hereto and made a part of this agreement, hereinafter referred to as "Propertyn; and WHEREAS, the Property lies within the boundaries of the City: and WHEREAS, Develaper proposes a development project as follows: Minor Residential Subdivision on said Property, which Development carries the proposed name of MS 751 and is hereinafter referred to as llDevelopmenttl; and WHEREAS, Developer filed on the 22nd day of March, 1990, with the City as a request for extension of the Tentative Parcel Map hereinafter referred to as 1tReguest.11 NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: AGREEIIENTS/AG-1 1 REV S/21/90 - 1482 - 1. -Anat the foregoing recitals are true and correct. 2. The Developer shall pay to the City a fee for undergrounding existing overhead utilities along the boundary of his property as required by a condition of approval of his requests. This undergrounding fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 and 21 of the Carlsbad Municipal Code. 3. Payment shall be due 30 days from the date the undergrounding fee is established or prior to the final map approval, which ever occurs last. 4. Developer hereby waives his right to challenge said undergrounding fees. Developer further waives any rights to pay the undergrounding fees referred to herein under protest. 5. C!ity agrees to deposit the undergrounding fees paid pursuant to his agreement in a undergrounding fund for the financing of undergrounding utilities in the City of Carlsbad when the City Council determines the need exists to provide the undergrounding and sufficient funds from the payment of this and similar fees are available. 6. Subject to Paragraph 3, the City agrees to issue building and other development permits pursuant to the provisions of the Carlsbad Municipal Code Title 18, 20 and 21 to the extent such permit comply with applicable provisions of law. 7. In the event that the payment required by this agreement is not made when due, the City may pursue any remedy, legal or equitable (including those specifically referred to herein), against the Developer and the Developer's successors, heirs, assigns and transferees. Without waiving its rights under the section, City, upon request of Developer, may allow additional time to pay the undergrounding fee. 8. In addition to the other remedies available to the AGREEMENTWAG- 2 REV 5/21/!?0 - 1453 - City, it is hereby agreed that if Developer does not pay the undergrounding fees specified by this agreement the City may revoke the building permit for the project or may deny or revoke a Certificate of Occupancy for the project or both upon 15 days written notice to Developer of the revocation or denial. 9. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such part. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 9.1 If notice is given to the City by personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepared and certified. 9.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed enveloper, addressed to Developer at the address as indicated in this agreement or at another place as designated to the City by the Developer in writing, postage prepaid and certified. 10. The City shall not, nor shall any officer, employee of the City, be liable or responsible for any loss or damage happening or occurring to Developer's building for the exercise of any of the remedies provided to the City pursuant to this agreement, regardless of the nature of the loss or damage. 11. This agreement and the covenants contained herein shall be binding upon and enure to the benefit of the successors, heirs, assigns and transferees of Developer and shall run with the real property and create an equitable AGREEMENTS/AC-l 3 REV 5/21/9G /c- 1 servitude upon the rea 4ir!Lperty m . 12. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied and appropriate fees paid to justify a release, City shall record the release. 13. The prevailing party in any dispute between the parties shall have the right to recover from the non- prevailing party all costs and attorney's fees expended in the course of such dispute. 14. Except as otherwise provided herein, all notices required or provided for under this agreement shall be in writing and shall be delivered in person or served by certified mail postage prepaid. Delivery of notice to Developer shall be presumed to have been made on the date of /// /// /// /// /// /// /// /// /// /// AGREMENTWAG-1 REV 5/21/90 mailing regardless of receipt by Developer. Notices required to be given to Developer shall be addressed as follows: Kurt B. Musser 3252 Highland Drive Carlsbad, CA 92008 Executed by Subdivider this 2 4e day of &WrL I 1991. SUBDIVIDER CITY OF CARLSBAD a municipal corporation of Kurt B. Musser and Sherry1 Jo the State of California Musser, Joint Tenants Kurt B. Musse ,~ (print name he:e) ATTEST: Owners ~- (title and o anization of signatory) By: City Clerk her@ Jo Musser (p:int name here) uJ"Rer (tytle and organization of signatory) (Proper notarial acknowledgement of execution by SUBDIVIDER must be attached) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney By: / Deputy City Attorney AGREEMENTWAG-1 5 REV 5/21/90 State of County 9 19 , before me, the undersigned Notary Public, personally appeared I Q$&onalfy known to me 17 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrr++Ynt, and acknowledged that e executed it. AlTRN7lON NOTARY: Although the information requ&ed below is OPTIONAL, it could prevent frauduknt attachment of this certificate to another document. THIS CERTFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Docu Number of Pages Signer(s) Other Than Named Above Q NAMNAlNoTARlAssoaATloN.~~~.~P.O.Box7184.‘cWgapark.cA 9133+71t?4 EXHIBIT "A" PARCEL MAP OF THAT PORTION OF TRACT 123 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 1661, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 1, 1915. MORE PARTICULARY DESCRIBED AS THE LAND CONVEYED TO KURT B. MUSSER AND SHERRYL JO MUSSER BY A DEED RECORDED WITH THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER 9, 1980 AS RECORDER'S FILE/PAGE NO. 80-413265, BOUNDED BY A LINE DESCRIBED AS FOLLOWS: TO WIT: BEGINNING AT A POINT ON THE CENTER LINE OF HIGHLAND ST. DISTANT THEREON SOUTH 24'33' EAST 125.33 FEET FROM THE INTERSECTION OF THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF SAID TRACT 123 AND SAID CENTERLINE OF HIGHLAND STREET; THENCE SOUTH 24O33' EAST ALONG SAID CENTER LINE OF HIGHLAND STREET, A DISTANCE OF 62.67 FEET TO A POINT; THENCE NORTH 5927' EAST, A DISTANCE OF 441.22 FEET TO A POINT A LINE DRAWN PARALLEL WITH AND DISTANT 451.97 FEET AT RIGHT ANGLES SOUTHWESTERLY FROM THE CENTER LINE OF VALLEY STREET; THENCE NORTH 34*33' WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 61.72 FEET TO A POINT; THENCE SOUTH 55'27' WEST, A DISTANCE OF 430.25 FEET TO THE POINT OF BEGINNING. PARCEL MAP GUARANTEE ISSUED BY TRANSAMERICA TITLE INSURANCE COMPANY. ORDER NO. 6011350 ON APRIL 10, 1991. GROSS AREA = 0.6177 AC. TOTAL NO. OF LOTS = 2