No preview available
HomeMy WebLinkAboutPD 81; Carlsbad Beach Club; 74-152822; Future Improvement Agreement/Release. I . f -5 :t . i. / . !) /I 1249 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 I/ ii j/ ii 1: ;I j; i; ii I! 1 I ‘I Ii (/ /I 11 ji RECORD I NG REQUESTED. 37 AND l!;-!EN RECORDED MAIL TO CITY Of-‘ CARLSEAD 1 200 Elm Avenue Carlsbad, Cal ifornia 92(.?08 MAIL TAX BILL TO Owner Names on L i ne 9 a t Address Named on L. i n-3 1 G I_--- of Aqent Determjninq Tax FUTURE IMPROVEMENT AGREEMENT OWNER: Carlsbad Beach Club, c/o Robert J. Klitgaard _--- / I / I li // /I /I if /i :* Ii Ii /1 ii I! // lj 11 II ADDRESS: 1635 First National Bank Building, San Diego, CA 92101 - DATED : &-;rc&&- /2-* I a 7y PARTIES: The parties to thi s agreement are the City of Carlsbad, a municipal corporation of the State of California, referred to as CITY; and the person or persons ment of Page 1 hereof, hereinafter referred to as OWNER, to number or gender. COVENANTS-: It is mutually ag ,eed by the part ies hereto as fol lows: 1 . C ITY hereby approves the d evelopment on lots 23 thru 29 inclu- sive, Blk A, Hayes Land Co., Map No. 2 of Map No. 1221 assessor's parcel no. 203-140-m on that certain real property, war-ranted by OWNER to be who1 ly 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 I a. part hereof. 2. C ITY does hereby temporari 1 y waive the requ i rement that OlWNER insta?l those certain pub1 ic 6, attached hereto and by th \ herein. 3 J. Upon written demand therefor /i /I I’ I! ,1 / the address mentioned on Line 1G of Page I hereof, OWNER shall forttiwi th, at OWNER’s sole cost and expense, prepare ;3ie.:> and specifications, approved by CITY, f0 r t he C 0 il S t r !_I C t i ‘;3 n * FlLE,‘PLGE 30 744512822 : BOOK i$M f 1 I OFFl,CIiAL A'riT?MdN SAN DliE:@OCQUl#~~sW&h~.. H4&bJEVF..$IC~ R%(EWRDCR NO FEE Docunxnta ry Trai)s fer I ZY, $ NIL - CompJteCI -.-. .-.___-_- on F:;f 1 Value of Property Cmlveyed - Or Computed on Ful 1 Value Less -- L i ens a nd E ncumb ra rices Re!ma i n- ing at Time of Sale. City of Car&bad Signature of Declarant F i t-m Name of hereinafter ioned on Line .5 without reia rd impro\/ements 1 isted on Exllibit s reference i ncorpot-ated by CITY, addressed to O:J!JER at I . ” .I . . . * 1 1' 1, 1: 14 I! 14 1’ II 1: 2( 21 2: 21 24 2E 2E *27 2E 29 3c 31 32 ‘I 1 2 3 4, 5 6 7, 8 1 2 3 iI 5 c L, ' 7 3 3 I L > * 3 c 5 i I I I 1 1 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. 6. 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. 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 of said public improvements in the street frontage of said property, and shall then.?orthwith construct said public improvements according to said plans and specifications, . to the approval of 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. shall create an equitable servitude upon said real property. CITY OF CARLSBAD, A Munic"lpa1 Corporation of the State of Ca1iforni.a By: ~i)T?,j&& /' . Mayor / STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) l On this I in the year /57@ I before me, vi@{7 LJ~ a Notary Public in and for the State, person$ily appearedeer (3. f&+;1>~ to be Mayor of the City of Carlsbad, California: , known to me and known to me to be the person who executed the within instrument on behalf of '+ - 7 e 9 10 El. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1251 - said public corporation, agency or political subdivision, and. acknowledged to me that such City of Carlsbad, California executed the same. WITNESS my hand and official seal. Signature L-i-c tiL?+AL~- EAR By OWNER OWNER OWNER STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) - On May14, 1974 , before me, the undersigned, a Notary Public in and for said State; personally appeared R. J. Klitgaard ., known to me to be the person/s whose name/s is/are subscribed to the within instrument and WITNESS my hand and official seal. , Signature &m/,,/d l+ich+?& &',L!f-G[t&l,fl i:;:;$;,:!P,'L (jr;.,c:: ]N CHARLENE A. ROBINSON SAIJ C> FZd sQ>r<iy Name (Typed or Printed) My Commission ExFiiJ; :::‘a:~-!; Approved as to form: -3- STATE OF CALIFORNIA COUNTY OF- SAN DIEGO SS. On May 14, 1974 before me, the undersigned, a Notary Public in and for said County and State personal1 ap eared It. J. kLfTGAARD known to me to be one of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature CHARLENE A. ROBINSON Name (Typed or Printed) Notary Public in and for said County and State FOR NOTARY SEAL OR STAMP OFFICIAL SEAL Charlone A. Robinson NOTARY FLiliLlC CPLli-ORMIA PRIN,ii’G,L Oii ICE IN SAN SiEGO COIJINTY My Commission Expires March 7. 1977 s.:..:,,‘.7 ,: i r ( ( , : ; : ; a.. -/ . . I , , I T- ; ; i w.. * . _I/(-+~ I-.[ (ij!G 1 ( /-pd’ ..’ .,I . . . . . . 1254 Lots 23, 24, 25, 26, 27, 28, 29, in Block "A" of Hayes Land Company Addition to Carlsbad, Map No. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1221, filed in the Office of the County Recorder of San Diego County, November 4, 1909. Exhibit "A" . . ‘,, . . , ‘* . .:. . I.255 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 o-f 18-month energy charges as required by City Engineer. 5. Owner shall participate in a future sewer assessment district serving the local area (the area limits and timing of project to be determined by the City Engineer on the existing capacity of the sewers and future develop- ment requirements). All construction shall conform to City standards at time the work is done. Exhibit "B"