No preview available
HomeMy WebLinkAbout; Kelly, Carroll; 74-230330; Future Improvement Agreement/Release-~ i !I i I I I I I I 11 2 3 4 5 6 ... ( 8 9 10 11 12 13 14 15 16 .17 18 19 20 21 22 23 24 25 26 ·27 28 291 301 ,, !' 311 32 l I ,I ,, d I I 456 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO /)? .:Jf.:l_CjJ;, CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 MAIL TAX BILL TO Owner Named on Line 7 at Addr~3s Named on Line 8 FUTURE IMPROVEMENT of OWNER: Carroll R. Ke 11 y ADDRESS: P.O. Box 175, Carlsbad, CA DATED: August 20, 1974 AGREEMENT 92008 --.,_-~-· ~·· ""'--~~r.'11 ' I, PARTIES: The parties)to this agreement are the City of Carlsbad, a municipal corporation of the State of California, hereinafter referred to as CITY: and the person or persons mentioned on Line 7 of Page~ hereof, hereinafter referred to as OWNER, without regard to number or gender. COVENANTS: It is mutually· agreed by the parties hereto as follows: 1. CITY hereby approves the Parcel Sp 1 it No. 14 7-Palomar Airport Road at Kelly Drive assesor 15 parcel No. 212-040-31 & 28 on that certain real property, warranted by OWNER to be wholly owned by him, described on Exhibit A, attached hereto and by this reference incorporated herein. Also shown for convenience sake on Attachment A, attached hereto and made a part hereof. 2. CITY does hereby temporarily waive the requirement that OWNER install along the street frontage of said property those certain public improvements listed on Exhibit B, attached hereto and by this reference incorporated herein. 3. Upon written demand therefor by CITY, addressed to OWNER at the address mentioned on Line 8 of Page 1 hereof, OWNER shall forthwith, at OWNER 1 s sole cost and expense, prepare plans and specifications, approved by CITY, for the construction l 2 3 4 5 6 7 ~ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ·27 28 29 30 31 32 457 of said public improvements in the street frontage of said property, and shall then fc:rthwi th construct said pub lie improvements according ~o said plans and specifications, to the approval o~ CITY. The demand by CITY mentioned in this paragraph may, at CITY's sole discretion, demand said work as to all said improvements on all said property, or as to any portion thereof, and the failure by CITY to demand said work as to any of said improvements shall not constitute a waiver by CITY of its continuing right to demand such work in the future. 4. In the event title to said property or a part-thereof is sold, the herein stated obligation shall automatically also become the obligation of the new owner. 5. In the event OWNER fails to act as required in paragraph 3 above, after written demand therefor by CITY, CITY may perform OWNER's said obligations and OWNER shall upon written demand therefor, reimburse to CITY its costs therefor. 6. This agreement shall be binding upon and inure to the benefit of the heirs, successors, assigns, and successors in interest in said real property, shall run with said real property, and shall create an equitable servitude upon said real property. STATE OF CALIFORNIA )ss } . COUNTY OF SAN DIEGO on this ~ / ~• day of ~IA(j u,$::c: , ~~ the year. tf7</ before rnc, Vies IQ\A p:\ 1 ~ 1_±h , a i'lOtary P~lic i._n and for the State, personally appeared 1?oBfl£.T (!. Flid '2,€c-, known to me to be Mayor of the City of Carlsbad, Californta, and known to me to be the person who executed the within instrument on behalf of -2:.. 458 1 said public corporation, agency or political subdivision, and acknowledged to me that such ci'ty of Carlsbad, California executed 2 the same. 3 4 5 6 7 8 9 10 11 12 13 14 1"5 1-6 17 18 l;9 20 21 I. 22 23 24 25 26 ·27 30 31 32 WITNESS my hand and official seal. U--ll7 '· Signature~ -c0~ STATE OF CAL.IFORNIA COUNTY OF SAN DIEGO >ss ) . OWNER Atto ney in Fact Robert Patrick Kell On _____________ ,. befo~e me, the undersigned, a Notary Public it:i and for said State; personally appeared __________________ , Known to me to be the person/s whose name/sis/are subscribed to the with~n instrument and WITNESS my hand and official seal. Signature _____________ _ Name (Typed or Printed) Approved as to form: ./'\ -3- t Ill ~ Ill :c Ill .J II. <( J-UI TO 444 CA. (7-73) (Attorney in Fact) STATE OF CALIFORNIA COUNTY OF SAN DIEGO } ss. ""TITLE INSURANCE AND TRUST A TICOR COMPANY On June 27, 19 74 before me, the undersi.gned, a Notary Public in and for said State, personally appear<>d Robert Patrick Kelly known to me to be the person_ whose name i S Attorney_ in fact of Carroll R. Kelly and acknowledged to me that he subscribed the name of Carroll R. Kelly thereto as principal_ and his own name_ as Attorney_ in fact. WITNESS my hand and official seal. Signature uu..-~ 13 ~Ca t,t-t_-C Audrey B. Fontaine Name (Typed or Printed) subscribed to the within instrument, as the OFFICIAL SEAL AUDREY B. FONTAINE NOL~~y f'L'::t,C. CALl.'ORNIA Pr:H·SC!'.'i.l. Oc.-!CE IN SAN DIEGO COUNTY My Commiss:on ExpirE_,~-~~pt 3, 1977 (This area for official notarial seal) 459 LEGAL DESCRIPTION: A LL THAT PARCEL OF LA ND DES I GNAT ED AS 11 PARCEL D11 IN THE CITY OF CARLSBAD AS SHOWN AND DELINEATED ON PARCEL MAP NO. 2= 9<[3 FI LED IN THE OFF I CE OF THE COUNTY RECORDER OF SAN DI EGO COUNTY, t17~ol~ /97J'. EXHIBIT 11A11 ' - L . 460 1. Grading and paving of adjacent public right of way to its centerline except that portion improved to City standards. 2. Construction of P.C.C. curb, gutter and sidewalk abutting all street frontages of property. 3. Planting of street trees or deposit of monies with the City to plant said trees. 4. Installation of street lights and payment of 18-month energy charges as required by City Engineer. 5. Participate in the construction of a sewer line along the entire length of Kelly Drive. Extent of partici- pation to be based on benefit derived. The above applies to that portion of Kelly Drive bordering the easterly boundary of the subdivided parcel (maximum width 84 feet) which falls within the basic parcel. All construction shall conform to City standards at time the work is done. Exhibit "B" . r· : . ':·' ~ -· ! ~ .. ,.; ; #/ '~ .::-·.:;, ··;1\ _, o t} r - ,,f ~ /// ,:_/",C/ / ,-• 461 --- ,,, ,._ -, ,,, ✓ ,,I-' .,-•--! ,_ r!LE/ PA&ir:-230330 REC,OR~n~~-§f ff SAFECO TITLE iNSURANCE COMPANY Auo t3 H 11 •~ 11~ mo{~, _ ...... . _:, --. ... -_, . ---... -- ~- t 1 ( ' J NO FEE . . , 4TTACr/MENT A ( I! ( I 1" l ' 't ( '· ' ·~ \ I ~ I ! , \ ,1 I t I \ -' ,, ' I\ ,f I ' I \ 1'' . \ I \'\\., \ ff,,.,,,,./ r,.." E'INl8IT1 .. A ,, 1161~,~6A.lr .... ~1116~"' f CANS~~ NIIIJl(IIJ/JL \ 1/ f i l'. ~~1.,y WIITFA! J>1rr121~7 ( t-19 Parcel -1°!1f !Vo.14-7 f?Af<CEL 11'I Tl-4E CITL,> OF CAf<L513AD, COL)l'--ITL,> OF 5AN ; GO, STATE Ot= CALIFORl'-IIA, r3Elt'-IG A D VISIOl'-1 OF A Pt')r2TlON OF LOT "'Gi" RANCHO =iL~A 1-IEDlOl'-lDA PEQ "'1AP t--lQ 523 Ai'-ID At---1 AD.JL}5Tl'v1Et--lT 01= Tl-4E r30L)['I DAf:Z~.~ r3ETWEEl'I AD..JOIN I NG LAl"'-IDS 11'-I 5AlD LOT G . BASIS OF BEARING THIE SOl.lTHERL4> LIHE OF ROAD 50RVE4> 1534 AS SHOWN ON RECORD OF1 .SORVE'Y NS> 57'15 VIZ: N 70' 1z·37·E S )Q\IEL_)OfZS CEf2TI F ICATE \ T~ IS MAP WA5 f?{2Er?Af2ED i3L,> ME Or2 Ur-lDEr2 lv'I~'> Dlr2ECTIOH ;~17 15 MSED ON A FI E"LP 5lJ RVE'i.:> lf"-1 COt-lFOr2MAl'-ICE WITH TµE RL0Ulr2Erv1Et'-I TS OF THE 5Ut3D1\IISIOH MAP ACT A1 THE R'EOOE5T OF -C z,rro/1 R. Kally . or--1 AOG, 2. l':l7t . 1 HER'EfoL.) CE1ZT1FL.> Tl-¼T L. µe. PQ0Vl5\0N5 OF A[?fJLlCA{3LE STATE LAW At--11? .,.........~~L Ol2DIHAf"-l~ES I-IAVE 13E.Et-l CC M[..:>Lt£:.:D WITH. RV7 -f.-1 . P. J3f20Wt---lE L . 6 1162 -r~> El'-IGlt-lEEl?S CEr2TIFICATE lv1AI;, HA5 BEEl"-1 EXAMlt--lED THIS_ _ DAL,> OF ______ _ F Of-2'. COt--lFOl7MAl"-ICE WITH fZEOOll7EME;:t-lTS OF SECTIOt-1 11515 I I !c".. SUr:".:>l)IVISIOr-1 tv1AP ACT. - IMO THY C. FLAr--lAGA t----J CIT<;) Et--lGilt-lFEI< r<'.C.E. IB42G t I l ) ,t )t l )t\ \L ~ I r , /\ ~ 10 f Pr) C 1t-lCk'l--'1 L: r_,,Ll )G, 1i">Gk, ANC::> ' {\,._ 'I IT, f. ~t• 1 tJI r-lE f.) CEr27 IFICAT : r;>N,> )I .1 73, A I O'CLO<.,l<:'. tv1 lt'-1 or· f ~12'( f l. IV\AI 'S /\T f.?AG,L ' -I 16{<:'0W, IL . AT THE e,t,> _____ _