HomeMy WebLinkAboutCT 84-42; H.V. Packard; 86-129562; Reimbursement Agreement/Release._
*
* 1
a 2266 h
RECORDING REQUESTED BY AND ) i9c; il"? -3 $4 f{: 52
VERA t.LYtE j / COUtlfY F,EGfll(SER / *
i WHEN RECORDED MAIL TO:
CITY OF CARLSBAD 1
1200 Elm Avenue
Carlsbad, CA 92008
-
REIMBURSEMENT AGREEHENT FOR PUBLIC IHPROVEHENTS
THIS AGREEMENT is made by the City of Carlsbad, a municj
corporation, hereinafter referred to as c'Cityll and H.
Packard, hereinafter referred to as "Property Owner".
RECITALS
WHEREAS, Property Owner has applied to City for a Tentat
Tract Map, Carlsbad Tract 84-42, and;
WHEREAS, Resolution No 2419 conditionally approving
Project in Condition No. 28 required the Property Owner
construct Property Owner's portion of Tamarack prior to
occupancy of any buildings; and
WHEREAS, City has determined that the public intei
requires the construction of Property Owner's portion of Tamar
in advance of the timetable for the development contemplated
Property Owner; and
- e 2?67 0 ..
WHEREAS, Property Owner, in consideration of the approva.
the Project desires to enter into this agreement whereby 1
would construct Tamarack while securing that the City wouli
reimbursed for the cost of said construction by Property Owl
City having determined it to be in the public interest to acc
this reimbursement agreement as full compliance with Propc
Owner's obligation under Condition No. 28 of Resolution
2419.
NOW, THEREFORE, IT IS AGREED between the parties heretc
follows:
SECTION 1: Upon execution of this agreement or withi
reasonable time thereafter, Property Owner shall convey to C
free of all liens and encumberances the right of way necessary
construct Tamarack in conformance with plans provided by the C
within the right of way as shown on Exhibit A attached hereto
made a part hereof.
SECTION 2: After plans and specifications are provided
approved by the City, and as soon thereafter as practicable, C
shall commence construction and diligently pursue to complet
the basic road improvements to maintain safety standards
accordance with said plans and specifications. The means for
manner of said construction shall be at the sole discretior
City.
SECTION 3: Property Owner, in lieu of construction
Property Owner's portion of Tamarack as required by Condition
28 of Resolution No. 2491 before occupancy of any buildings
0
i 2168 -
0
in return for the construction of Tamarack by City, agree:
reimburse City for Property Owner's portion of the ti
construction costs of Tamarack as hereinafter provided. At
time of completion and acceptance of Tamarack construction,
City Council of City shall determine the total costs to be f
by Property Owner based on the final amount City paid to
Tamarack construction contractor, plus the costs of conti
inspection and administration, plus simple interest at an anr
rate of ten percent (10%) from the date of completion
acceptance by City until the money is repaid by Property Owr
City shall provide Property Owner with an audited accounting
the total road construction costs setting forth the amounts 6
for materials and labor, which audit shall be approved by
City Manager. Said audit shall be given to Property Owner at
time of completion and acceptance of the road constructj
Property Owner shall reimburse City for Property Owner's pro-I
portion of the total road construction costs plus inspection
administration fees and accrued interest.
SECTION 4: Property Owner shall pay the full amo
required by Section 3 of this agreement prior to the C
Building Department officially granting Certificates of Occupa
on the residential construction built on any lot of the prope
known as Carlsbad Tract 84-42 as described on Exhibit B attac
hereto and made a part hereof.
Should the Property Owner desire a certificate of occupa
prior to City completion of the improvements, the Property Ow
A
m personally appeared Wm&&a.yd 2
t 6 , known to me -
t and acknowl
c! e m-
FOR NOTARY SEAL OR STAMP
,,1##$$*$****t***0****4***4*~**8*~~
OFFICIAL SEAL *
LORAiNE K. NATTRESS B s
94 l4OTARY PUF3LIC-CALIFC.RNiA i : * NOTARY BOND FILED IN $ * SAFi DIEGO COUNTY X * $ My Commission Explrer April 14, 1989 x ....................................
$
s PRof?OSED 5' EXSEMEiVT 2
PROJECT NAME:
CARLSBAD TRACT Ni 84-42
E
a J 2 9 1
Paul Southers & Associates
Civil Design Land Planning
=e A3 BmfDS
H. Von Packard Am 206-260-19 i
Exhibit "B"
Comencbg 8t the point of interssetim of %be centerpine Of Tamarack Avenue md Highland Street:
on the centerline of Tummck Avdue; thence South 28O40' 13" Eaut a distance of 9.00 feet to 8 p03nt,~88%d point being the true paint of beginning; thence South 28 40' 13" E8& a &Mu
of 237.36 feet to a point: thence Sarrth6f20' 50" West a dit&&
of 69.62 feet to point, mid poht being an a curve whose rw point is Smth do?* 9" West a dist8nce of 43.50 feet and uhor
cucvo a distmce of 30.68 feet to 8 paint: thence North Y lo sa5d 20' central mgle 1s 40' 24* 09":
h8t a distance of 68.05 fmt to a point: thence South 28O40' East 8 distance of %% feet to 8 point; thence North 61O 20'
Eart a distance of 83.80 feet to 8 point; thence South 28O40' %& 8 distance 56.45 feet to 8 point: thence South 61° 20' 43' West a distance of 176.10 feet to a point : thence North 28O 40' 13" West a dfstmce of 4l6.32 feet to 8 point, said point being
Southeasterly 40.00 feet to the centerlbe of Tamarack Avenue ax
being on the Southerly right-of way line of Tamarack Avenue; tl North 61° 21' 10" East and parallel to the centerline of Tamarrrc
Avenue a distance of 92.30 feet to tke true point of beginning,
thence South 61°21* 10" west along said mterlino, (I distance of 352.22 feet to 8 pin1
thenee Southsrsterly 81
'
3
3138 Roosevelt Street, Suite 0 Carlsbad, California 92008 619-434-1051
Project Title Date
Von Packard Property (Tamarack Ave. Widening) 8/23/85
Location T 84-42-1 South Tamarack, Between Margaret & Polly
Project No. Estimated By
c CC 3144 Jim McLean
0 Conceptua El Preliminan
Checked By 0 Final
*
*
- + Per lot cost $3,819- I
i
SDG & E Service not included i I
I
I
I
Structural section is prelimisrv
~
$11 I GRAND TOTAL
% *--