HomeMy WebLinkAbout; Doose, Carol; 1992-0177025; Neighborhood Improvement Agreement/Releasee .cecord&g Reiurn To-: r"
CITY~LERK - 1
CITY OF C~ARLSBAD 4 439 1200 CARLSBAD VILLAGE DR.
CARLSBAD, CA 92008
AGREEMENT TO ACQUIRE SEWER
IMPROVEMENTS
AND
MODIFY EXISTING NOTE
f
This Agreement is made as of the bday #h of ~)QJENSZ(, 19% by and between
CAROL J. DOOSE ("DOOSE") and the CITY OF CARLSBAD, California, a municipal
corporation ("CITY").
- RE c I T A L 3:
A. DOOSE experienced a failure of the sewer septic system serving her
residence located at 3940 Holly Brae Lane. Failure of the septic system caused a health
emergency and the San Diego County Health Department was considering action to prevent
further occupancy of the residence. DOOSE, a low income single parent, was unable to
finance the cost of connecting her residence to the public sewer system. To eliminate the
health emergency and prevent the eviction of the DOOSE family, CITY loaned DOOSE
$23,550.00 of Community Development Block Grant funds, at three (3) per cent interest,
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to finance construction of the required sewer improvements.
B. DOOSE is now the owner of underground sanitary sewei
improvements constructed in easements as shown in Exhibit A, attached hereto, and
consisting of approximately 350 feet of six (6) inch sewer line and four(4) sewer acces:
holes.
C. CITY desires to acquire the sewer improvements constructed by
DOOSE for the purpose of completing the installation of underground sanitary sewers to
serve DOOSE and other property owners on Alder Court and Holly Brae Lane.
D. The parties, in recognition of the foregoing, desire to enter into an
agreement whereby DOOSE shall agree to sell and CITY shall agree to buy the sewer
improvements on the terms and conditions set forth herein.
NOW, THEREFORE, DOOSE and CITY hereby agree as follows:
1. Agreement to Acquire Sewer Improvements.
CITY agrees to acquire sewer improvements constructed by DOOSE as described in Exhibit
"A", attached hereto, for the amount of twenty five thousand seven hundred and thirty four
dollars ($25,734).
2. Payment of Sewer Connection Fee.
DOOSE agrees to pay a sewer connection fee not to exceed fifteen thousand dollars
($15,000) or a lesser amount as finally determined by the City Council for the Holly Brae
Lane Sewer Improvement District.
3. Modification of Existing Note.
In lieu of cash payment for the sewer improvements described in Exhibit "A", CITY and
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DOOSE agree to execute a Modification Agreement, attached hereto as Exhibit "B", which
will modify the principal amount of that certain note for $23,550.00, dated June 15,1988,
executed by DOOSE and attached hereto as Exhibit "C". The modification of the note shall
establish a new principal amount equal to the sewer connection fee established for the
Holly Brae Lane Sewer Improvement District by the Carlsbad City Council. The City
further agrees to permit DOOSE to consolidate/refinance and to subordinate to a new first
trust deed not to exceed $150,000. The City of Carlsbad will be placed and remain in
second trust deed position and conditions of that certain note shall remain the same.
4. Release and Waiver of Claims.
Doose expressly waives and releases any claim or cause of action, that Doose may have,
of whatever type or nature, related to the acquisition of the sewer improvements, or right
of appeal against the City, it's employees, officers or agents, related to the City's acquisition
of the sewer improvements, or any other claim arising out of the acquisition of the sewer
improvements. Doose agrees that the payment provided for in this agreement represents
complete, final and total compensation for all claims, reimbursements, dislocation or
relocation expenses or otherwise arising out of the acquisition of the sewer improvements
described in Exhibit "A".
5. EntireAgreement.
This Agreement and the items incorporated herein contain all of the agreements of the
parties hereto with respect to the matters contained herein and no prior agreement or
understanding pertaining to any such matter shall he effective for any purposes.
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6. Interpretation of Agreement.
This Agreement shall be construed as a whole and in accordance with its fair meaning
Captions and organization are for convenience and shall not be used in construins
meaning. The language of this Agreement shall not be construed for or against eithei
party.
IN WNESS WHEREOF, Doose and City have executed this Agreement as
of the date first above written.
THE CITY OF CARLSBAD,
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ATTEST: -RR-
ALETHA L. RAUTENKRANZ,
City Clerk
*
P VEDASTOFORM:
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VINCENT F. BIONDO, SK.
City Attorney 3/e/s 1.
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State of California On this the hay of February 19
Coun?yof San Diego Karen R. Kundtz
the undersigned Notary Public, personally appeared
Claude A. Lewis and Aletha L. Rautenkra
a0 personally known to me
C proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument i
Mayor and City Clerk wren behalf of the cor
named, and acknowledged to me that the corporation ex
WITNESS my hand and official seal.
(Individual)
STATE OF CALIFORNIA
a Notary Public in and for said State,
, (known to me)
(or proved t~ me on the basis of satisfactory evidence) to be the person- whose name 1.' Subscribed to the
within instrument and acknowledged that 3146 executed the same.
(7%~ ma for officul MUMI sed Form 3213(CA 12-82)
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CITY OF CARLSBAD I
1200 CARLSBAD VILLAGE DRIVE I
CARLSBAD, CA 92008 I I
ATIN: CITYCLERK I I
a
When recorded mail to:
(Space above for Recorder's use)
MODIFICATION AGREEMENT
Loan No. N/A City of Carlsbad, County of San Diego,
California February 19 , 1992
The undersigned requests that balance of the principal owing on that certain note for
$23,550.00 dated JUNE 15, 1988, executed by CAROL JANE DOOSE, upon which there
remains unpaid a principal balance of $23,550.00, upon which interest has accrued at 3.0
percent per annum, said note being secured by a Trust Deed dated December 31, 1987
recorded in the office of the County Recorder of San Diego County, California, in file #88-
005756 recorded JANUARY 7,1988 of Official Records, be modified so that said sum shall
be payable as follows:
The interest on this Note has accrued on an unpaid principal balance of $23,550,
from June 15, 1988 to the date of this agreement. The interest that has accrued to
the date of this agreement was paid when the City of Carlsbad acquired sewer
improvements owned by CAROL JANE DOOSE, pursuant to the "AGREEMENT TO
ACQUIRE SEWER IMPROVEMENTS AND MODIFY EXISTING NOTE" dated 11/6/91
From the date of this agreement, interest shall accrue on a new principal balance
of$ 15,000.00 at three percent per annum (3.0%) during the remaining term
of this Note. This Note matures on June 15, 2003, or when title to the property
changes, as defined in the original promissory note, on which date the entire
amount of unpaid principal balance and accrued interest shall be all due and
payable .
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and in consideration of such modification, the undersigned, and those consenting thereto
do hereby, without notice, waive presentment of said note to the maker, demand o
payment, protest and notice of non-payment; expressly consent to delay or indulgence ir
enforcing payment or performance, to express extensions of the time of payment or
performance of the same, to partial releases of the property covered by said Trust Deed
to the release, surrender of substitutions of any collateral held or to be held as security for
said note, and to the acceptance of any type of further security for the payment of the
same, all without affecting the liability of the undersigned. The pleading of any statute of
limitations as a defense to any action or proceeding brought for the enforcement of any of
the provisions hereof or of said note of said Trust Deed or other security is hereby waived
to the full extent permissible by law.
All of the terms, covenants and conditions of said note and of said Trust Deed and
other security, or either of them, including the assignment of rents, if any is contained
therein, are hereby confirmed, as extended, without change, waiver or impairment, and this
agreement shall not create a novation. The terms, covenants and conditions of this
agreement shall be cumulative to, and may be enforced by you independently 01
concurrently with any rights, remedies or powers of said note and of said Trust Deed 01
other security. Any and all securities for the obligations secured by said Trust Deed may
be enforced by you, at your option, concurrently or independently.
The premises covered by said Trust Deed are subject to no other lien or
encumbrance nor has any person other than the undersigned any interest therein with the
following exceptions:
1. PROPERTY TAXES, including any assessments collected with taxes levied for the
fiscal year 1989-1990 which are a lien.
First installment: Open and delinquent
Second installment: Due and payable
2. PROPERTY TAXES, including any assessments collected with taxes levied for the
fiscal year 1990-1991 which are a lien.
First installment: Open and delinquent
Second installment: Open
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3. A DEED OF TRUST to secure an indebtedness in the amount shown below, anc
any other obligations secured thereby:
Amount: $55,000.00
Dated: November 3, 1977
Trustor:
Trustee:
Beneficiary:
Recorded:
Robert James Doose and Carol Jane Doose, husband and wife
California General Mortgage Service, Inc., a Corporation
San Diego Federal Savings and Loan Association, a Corporation
November 15, 1977 as File/Page No. 77-471175 of official
records.
4. A DEED OF TRUST to secure an indebtedness in the amount shown below, and
any other obligations secured thereby:
Dated: March 9, 1979
Trustor: Robert James Doose and Carol Jane Doose, husband and wife,
as joint tenants
Trustee: United California Bank, a California Corporation
Beneficiary: United California Bank, a California Corporation
Recorded: March 23, 1979 as File/Page No. 79-120126 of official records
Amount: $22,000.00
5. A DEED OF TRUST to secure an indebtedness in the amount shown below, and
any other obligations secured thereby:
Amount: $23,550.00
Dated: December 31, 1987
Trustor:
Trustee:
Beneficiary:
Recorded:
An assignment of the beneficial interest under said Deed of Trust which names
As Assignee: The City of Carlsbad, a Municipal Corporation of the State of
California
Recorded: January 7, I988 as File/Page N:o. 88-005757 of official
records
Said instrument was made subordinate to the lien of the document or interest
shown: As item no. 7 below.
Carol Jane Doose, an unmarried person
Continental Auxiliary Company, a California Corporation
Bank of America National Trust and Savings Association, a
National Banking Association
January 7,1988 as File/Page No. 88-005756 of official records
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6. AN ABSTRACT OF JUDGMENT for the amount shown below and any othei
amounts due.
Debtor: Carol Doose
Creditor: Avco Financial Services of So. California, a Californi:
Corporation
Date Entered: October 11, 1988
County: San Diego
court: Municipal
Case No.: 05667
Amount: $354.51
Recorded:
Attorney for Judgment Creditor: Avco Financial Services of So. California
a Corporation
2020 Quail Street
Newport Beach, CA 92660
December 9, 1988 as File/Page No. 88-634018 of official
records
7. A deed of trust to secure an indebtedness in the amount shown below, and any
other obligations secured thereby:
Amount : $65,000.00
Dated: August 25,1989
Trustor:
Trustee:
Beneficiary:
Recorded:
Carol Jane Doose, an unmarried woman
Cal-West Mortgage Company, a California corporation
Deloss L. Mc Graw, trustee of the Mc Graw family trust dated
June 3, 1975
September 5, 1989 as file/page no. 89-478173 of official
records
Any married person who signs this Agreement as an individual maker hereby
expressly agrees that recourse may be had against his or her separate property for all of
the obligations herein mentioned.
This agreement shall not be effective until accepted in writing hereon by you, but
sha-ll thereupcn be effective =withwit any notice to the undersigned.
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ACCEPTED:
THE CITY OF CARLSBAD
B
Ams'r: CAROL J. DOOSE
aQxlU1.Q-
ALETHA L. RAUTENKRANZ,
City Clerk
APPROVED AS TO FORM:
I VINCENT F. BIONDO, JR.
By: citya R, &t-4
3 /Bpi.
LEGAL DESCRIPTION:
Lot 4 of HOLLY BRAE ESTATES, in the City of Carlsbad,
County of San Diego, State of California, according to the MAP
thereof NO. 5524, fled in the Office of the Recorder of San
Diego County, February 2, 1965.
PROPERTY ALSO KNOWN AS: 3940 HOLLY BRAE LANE, CARLSBAD, CA 92008
AI": 207-180-04
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CORPORATE ACKNOWLEDGMENT 1450
On this thexhday of 1992, bef February
County of Sari Diego Karen R. Kundtz
the undersigned Notary Public, personally appeared
-+ Claude A. Lewis and Aletha L. Rautenkranz
E personally known to me
C proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
Ton behalf of the corporation
named, and acknowledged to me that the corporation executed it
Mayor and City Clerk
(Individual)
SI”I’TE OF CALIFORNIA
, (known to me)
(or proved to me on the basis of satisfactory evidence) ?o be the person- whose name J 3 slhbscribed to the
within instrument and acknowledged that executed the same.
WITNESS my ha
<5 M/s
and official seal.
NOTARY WC - WORN& W WEGO COW
/Tb are. for offcul nourul sea0
* Signature
Forrn3213(CA 12-82)
; e d of Trust Strai 6431 Mi! aANKoFAMERlCA * -
1)
00 NOT DESTROY THIS NOTE: When Paid, this note, with Deed of Trust securing same, must be surrende
Trustee for canallation and retention, before reconveyance will be made.
$ 23.55 0.00 Car 1s bad , California, June 15 , l!
AS SDecified below * after date, for value received, 1 promise to
Bank of America NT & SA
......................................................... ,ora,
2550 El Camino Real. Carlsbad. CA. 92008
the sum of DOL
with interest from - Date until paid, at the
...............................
Should interest not be so paid, it shall thereafter bear like interest as the principal, but such unpaid interest
pounded shall not exceed an amount equal to simple interest on the unpaid principal at the maximum rate petmi
law. Should default be made in payment of interest when due the whole sum of principal and interest shall
immediately due at the option of the holder of this note. Principal and interest payable in lawful money of the
States. If action be instituted on this note 1 promise to pay such sum as the Coun may fix as attorney's fees. T
is secured by a DEED OF TRUST of even date herewith to BANK OF AMERlCA NATIONAL TRUST AND SA
ASSOCIATION, a National Banking Association.
Twenty Three-Thousand Five Hundred Piftp and no/100
.?I percent per annum, payable
Said sum shall be due and payable in full upon transfer of
perty identified in the Deed of Trust securing this note, If debtedness existing with regard to the property as of the dat is refinanced, said sum shall be due and payable in full at t of such refinancing,
Interest shall accrue at the rate of 3% dur- the term of tf
As used herein, the term "transfer" shall mean the sale or ot veyance of the property but shall not include the situation fr demise of a spouse results in the other spouse receiving by 1 full title in the property after having held the property as
y. (Continuance of terms on re
Esc-15 90
A\- m -w \ , --_---a*--y &* uy.
The term "refinance" shall mean only the situation where exihti& indebtedness, as specified above, 1s Paid off and a new loan is ,m in place of the said indebtedness- In the event no transfer or r financing occurs within Fifteen (15) Years, this note shall be an come due and pay ble in full-
INITIAL x
Office Carlsbad El Camino Rea We hereby assign this note
to city of Carlsbad Authorized S ignatur-C-2-d without recourse Emmie Sch
Bank of America, NT & SA National Trust and Savings Association
,A,
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COUNTY OF SAN DIEGO
ANNETTE J. EVANS
I RECORDER/COUNTY CIXRK
1600 PACIFIC HWY. HM. 260
1 P.O.BoX 17.60 I SA" DIEGO, WFoRNIA 92112-4147 I (619) 531-5231
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CAR~SBAD CITY CLERK'S OFFICE Date: March 4, 199 120'0 CARLSBAD VILLAGE DR
CARLSBAD CA 92008-1989 Amount: $ I
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We are returning your document (s) unrecorded for the following reason (s) :
If you wish to have this recorded as a 2 way document, pleas scratch the words, Exhibit B, on the modification. Also, pleas send us the correct cover sheet with the description of you
document for accounting purposes (we need this for all document charged).
If you have any questions, you may contact the Mail Desk at
Please return this correspondence with your document(s).
EC
(619) 531-5231.
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3/17/92
TO: Rebecca Chavez, Supervisor, Recording Services
FROM: Karen Kundtz, Assistant City Clerk
I am returning this document to you for recordation.
of my original transmittal letter, which had been enclosed previously.
letter explains the document to be recorded and how the City of Carlsbad is
to be billed for the recordation fees.
I cannot follow the instructions above regarding "Exhibit "B". Exhibit "B"
is referenced on Pg. 4 of the first Agreement, and is made a part of the
Agreement by that reference. City' Attorney, and I do not have the authority to make this change.
record the documents as they are.
contkct me at (619) 434-2917.
I have enclosed a copy
This
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These documents have been approved by our
Please
If you have any questions, Please
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Febru'ary 20, 1992
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Annetbe J. Evans, County Recorder
P.O. Box 1750 San Dlego, CA 92101-2422
Enclosed for recordation is the following described document:
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Agreement to Acquire Sewer Improvements and Modify Existing Note; Carol J. Doose and The City of Carlsbad; 3940 Holly Brae Lane
Also enclosed are instructions on how the City of Carlsbad is to be billed for the recordation fees i ncurred.
Thank you for your assistance in this matter.
dTiL-4227 Assistant City C1 erk
Encs.
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1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808