HomeMy WebLinkAbout; Ely, Ethel Lynn; 76-330870; Future Improvement Agreement/Release. i ..&O *
* 4RECORDING REQUESTEi.I BY AND ] .
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OFFICIAL. RECOAg$ SAN 0trrJI) COW?‘1', ?A.-/; IikHLEY F'.dlllflM KECORDER
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City of Carlsbad
1200 Elm Avenue 1 *
Carlsbad, CA 92008 !
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D umentary trans’f,er tax:
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firm name
City of Carlsbad
Parcel No. 203 - 023 - 18
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CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THfS AGREEME.NT is made by the ;ity of Carlsbad, a municipal
corpoiation, hereinafter referred to as “City”, and Ethel Lynn Ely
, f7ereinafte.r referred to as “Proper-
ty Owne 1-l’ .
RECITALS:
* WHEREAS, Property Owner has applied to City for a
Building Permit
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, Chapter 18.40 requires
certain improvements and dedications as a condition of approval of this
Building Permit;
and
WHEREAS, Property Owner has requested said Building Permit
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
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said Building Permit 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 issuance of a Building Permit
Section.2. That Property Owner, in lieu of making the herein-
after described improvements before approval of said Building Permit
is granted, agrees to install and construct, or cause to be installed
or constructed, said improvements in accordance with plans and specifi-
cations approved by the City Engineer within 60 days after written
demand so to do by City. Property Owner shall not be required to make
said improvements before October 1, 1977, 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 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 inter-
setting streets on both sides of the street upon which the property herein
described has frontage, have agreed with City to install street improve-
ments 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 construction of
said improvements at the time of signing this contract is $2,781.55 .
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
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and covenants herein contained, Property Owner hereby grants to City a
li‘en upon the hereinafter described property in the amount of $2,781.55,
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 transferees fail to install
and construct said improvements in the manner and within the time s’peci-
fied herein, he 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 other-
wise; 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 instal 1 and construct said improve-
ments, 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 f.ees as a cost in said proceedings.
Sect ion 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 ma-y 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 an,d.declared to be inferior and
subsequent in lien to the 1 ien 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 here-
inafter described is acquired by or as a result of a foreclosure or
(3)
r
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1953
trustees’ .sale of any such purchase money mortgage or purchase money
deed of trust.
Sect ion 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 sa,id 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 t.he City Engineer,
and that upon deposit of said cash or posting of said bond the City ‘..lY
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 pro-
perty to be released from the lien herein imposed.
Sect ion 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 1 iable 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
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 claim-
ing to be injured as a result of said work or improvements. Said Pro-
perty 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 im- .
provements by the City, give good and adequate warning to the traveling’
pub1 ic of any dangerous or defective conditions of pub1 ic property. The
Property owner hereby agrees to pay for such inspection of improvements
as may be required by the City Engineer of City.
agreement and the covenants contained herein
i rs ,
Sect ion 8. This
shall be bindinq upon and inure to the bencf i t of the successors, he
(4)
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Es4
assigns, and transferees of Property Owner, shall run with said real
property, and create an equitable servitude upon said real property.
Sect ion 9. A description of the property referred to herein
and upon which said lien is imposed is described as follows:
Lot. 33 and the southwesterly 25 feet of Lot 32 of
Granville Pal-k, according to Map thereof No. 1782
filed in the Office of the County Recorder of San
Diego County, February 21; 1924. '
Assessor's Parcel No. 203-0.23-18.
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c
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1955
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Section 10. The required improvements to be constructed and
the estimated costs thereof are as follows: -
Improvements Normandy Lane Estimated Costs
1. Curb & gutter (75' @ $3.50 per -1in.ft.1 $ 262.50
2. 4" PCC Sidewalk (75' @ $4.75 per lin.ft.1 356.25
3. AC Paving (75' x 8' @ .50 per sq.ft.1‘ 300.00
4. Undergrounding Utilities (Lump Sum) 1,500.00
5. Engineering & Contingencies (15%) 362.80
6.
TOTAL COST $ 2,781.55
Dated: 7-AP- 74
Property Owner
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CITY OF CARLSBAD, a Municipal
STATE OF CALIFORNIA ) ) ss. COUNTY'OF SAN DIEGO )
On hlzxa?A. 54 /.976 before me the undersigned, a Notary Public in and for said State, peisonally appeared Paul D. Bussey, 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.
APPROVED AS TO FORM:
(Notarial acknowledgement of execution of owners must be attached).
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i
2 IO be the person whose name subsc ibed
m to the within instrument and acknowledged that s” 9! ..A=
I
executed the same.
WITNESS my hand and o5cial seal.
Name (Typed or Printed)
TITLE INSURANCE AND TRUST
AncoR COMPANY
TO 441 CA 14-73,
(Individual) 1956
before me, the undersigned, a Notary Public in and for said
, known to me
K2rizn [reefer Steiner
r;()-[R:.:’ i’tjtii!‘.: Chili-ORNlh pr!;Fi:lk,A!. vSFiCL- ;N S/i+ !:llCO CGUkl-Y
MY COMMISSION EXPIREs FL B. i, 137’.
(This are. lor dIeid notadd sd)
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