HomeMy WebLinkAbout; Army & Navy Academy; 73-027460; Future Improvement Agreement/Release1
2
3
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
f
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO
CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 Documentary Transfer Tax $ nil - Computed on Full Value ot property MAIL TAX BILL TO Conveyed, - Or Computed on Full Value Less Owner Named on Line 7 at -Liens and Encumbrances remaining Address Named on Line 8 at time of sale.
cg$p&7-p;;y&gd~-.
Signature of- Declarant or Ft'lrm Name Agent Determining Tax
FUTURE IMPROVEMENT AGREEMENT
OF
OWNER: Army E Navy Academy
ADDRESS: Carlsbad Blvd, Carlsbad, California
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 1 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 Split No. 180, Assessors
Parcel No. 203-010-6 + 7 & 203-024-Z.
on that certain real property, warranted by OWNER to be
wholly owned by him, described on Exhibit A, as Parcels 1, 2,
E 3 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
of Parcels 1, 2, E 3 install along the street frontage of
Parcels 1, 2, 3, & 4 those certain public improvements listed
-l-
1 on EXHIBIT B, attached hereto and by this reference
2 incorporated herein.
3 3. Upon written demand therefor by CITY, addressed to OWNER at
4 the address mentioned on Line 8 of Page 1 hereof, OWNER shall
5 forthwith, at OWNER's sole cost and expense, prepare plans
6 and specifications, approved by CITY, for the construction
7 of said public improvements in the street frontage of Parcels
8 1, 2, 3, & 4 and shall then forthwith construct said public
9 improvements according to said plans and specifications,
10 to the approval of CITY. The demand by CITY mentioned in
11 this paragraph may, at CITY's sole discretion, demand said
12 work as to all said improvements on all said property, or
13 as to any portion thereof, and the failure by CITY to demand
14 said work as to any of said improvements shall not constitute
15 a waiver by CITY of its continuing right to demand such work
16 in the future.
17 4. In the event title to said property or a part thereof is sold,
18 the herein stated obligation shall automatically also become
19 the obligation of the new owner.
20 5. In the event OWNER fails to act as required in paragraph 3
21 above, after written demand therefor by CITY, CITY may
22 perform OWNER's said obligations and OWNER shall upon written
23 demand therefor, reimburse to CITY its costs therefor.
24 6. This agreement shall be binding upon and inure to the benefit
25 of the heirs, successors, assigns, and successors in the
26 interest in s&id real property, shall run with said real
27 property, and shall create an equitable servitude upon said
-2-
-
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
real property.
CITY OF CARLSBAD, A Municipal Corporation of the State of California
By: 44az-J- Mayor
STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO 1 sS*
On this before ic in and f&
the Sta , known to me
to be t and known to
me to be the person who executed the within instrument on behalf of said public corporation, agency, or political subdivision, and
acknowledged to me that such City of Carlsbad, California executed the same. I
WITNESS my hand and official seal.
Signature,
ARMY AND NAVY ACADEMY, CARLSBAD, CALIFORNIA
APPROVED AS TO FORM:
-3.
I
STATE OF CALIFORNIA
r COUNTY OF- SS.
* a On _a -&RnI before me,
VI , the undersigned, a Notary Public in and for said County and State,
personally appeared LLmJXMX---,
838
FOR NOTARY SEAL OR STAMP
known to me to be the ---!EXti&~Xdh--
Assistant s --~aanssrm2!Jx~~hx
erretary of the corporation that executed the to me to be the persons who executed the alf of the corporation therein named. and acknowledged to such corporation executed the within by-laws or a resolution of its board of directors.
//
s” I.3 r ,
2 q-Y, ,il,,
: ; i , ‘7 /I/i .I, ,& _ c!’ FL 8..
2
,a, j:,. ,. ,i‘ ,>i:- .,( /I,, ii:: ct;
Pdly Wann Flanagan
Name (Typed or Printed)
Notary Public in and for said County and State
LEGAL DESCRIPTION
PARCELS 1, 2, AND 3
THAT PORTION OF LOT A OF GRANVILLE PARK UNIT NO 2 IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDIFJG
TO MAP THEREOF NO. 2037 FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY JUNE 18, 1927 AND LOT 47 OF GRANVILLE PARK,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO 1782, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO FEBRUARY 21, 1924; TOGETHER WITH THAT PORTION
OF OCEAN STREET (FORMERLY LAGUNA DRIVE) ADJOINING SAID LOT 47 ON
THE NORTHWEST WHICH WAS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION
NO. 918 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, RECORDED JULY
19, 1963 AS FILE NO 126793 MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 1 OF SAID GRANVILLE
PARK, MAP NO. 1782; THENCE ALONG THE NORTHWESTERLY LINE OF SAID
LOT 1 AND THE SOUTHEASTERLY LINE OF SAID LOT A OF GRANVILLE PARK
UNIT NO 2, MAP NO 2037, SOUTH 57O29’00” WEST 297 FEET MORE OR LESS
TO A POINT OF INTERSECTION WITH THE MEAN HIGH TIDE LINE, SAID POINT
BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING SAID COURSE
NORTH 57°29rOO” EAST 297 FEET MORE OR LESS ‘TO A POI1NT’ lN.THE ARC
OF A 127.29 FOOT RADIUS CURVE IN THE NORTHERLY LINE OF OCEAN STREET,
THE RADIAL CENTER OF SAID CURVE BEARS SOUTH 72°38’OO” EAST FROM
SAID POINT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND
THE NORTHERLY LINE OF OCEAN STREET 140.22 FEET, THROUGH A CENTRAL
ANGLE OF 63°07’OO” TO A POINT OF COMPOUND CURVE, SAID CURVE HAVING
A RADIUS OF 190 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE 35.34 FEET, THROUGH A CENTRAL ANGLE OF 10°39’20”, THENCE
LEAVING SAID CURVE NORTH 32O21’40” WEST 9.51 FEET TO A POINT IN
THE ARC OF A 198 FOOT RADIUS CURVE, THE CENTER OF SAID CURVE BEARS
SOUTH 0’22’49” EAST FROM SAID POINT, THENCE CONTINUING NORTH
32”21’40” WEST 305.49 FEET; THENCE NORTH 86O19’30” EAST 560.29 FEET;
THENCE SOUTH 18”45’48” EAST 165.00 FEET TO A TANGENT 265.20 FOOT
RADIUS CURVE CONCAVE EASTERLY, THENCE SOUTHERLY ALONG THE ARC OF
SAID CURVE 30.34 FEET THROUGH A CENTRAL ANGLE OF 6O33’ 15” TO A
POINT IN THE ARC OF A 265.20 FOOT RADIUS CURVE IN THE NORTHEASTERLY
LINE OF MOUNTAIN VIEW DRIVE, THE RADIAL OF SAID CURVE BEARS NORTH
64O40’57” EAST FROM SAID POINT; THENCE SOUTHEASTERLY ALONG THE
ARC OF SAID CURVE, BEING ALSO ALONG THE NORTHEASTERLY LINE OF
MOUNTAIN VIEW DRIVE, 128.38 FEET, THROUGH A CENTRAL ANGLE OF
27O44’08” TO A POINT OF COMPOUND CURVE, SAID CURVE HAVING A
RADIUS OF 268.03 FEET, THENCE SOUTHEASTERLY-ALONG THE-ARC OF SAID
CURVE 88.52 FEET, THROUGH A CENTRAL ANGLE OF 18O55’22” TO A POINT
OF REVERSE CURVE, SAID CURVE HAVING A RADIUS OF 362.32 FEET, THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 85.33 FEET, THROUGH A
EXHIBIT “A” (PAGE 11
-- --- _______.._ --.--_---.-.-. .-.~~ ..-.. ..---___I
CENTRAL ANGLE OF 13O29’40” TO THE SOUTHEASTERLY LINE OF SAID LOT
47 OF GRANVILLE PARK, MAP NO 1782; THENCE ALONG SAID SOUTHEASTERLY
LINE NORTH 55°07'43" EAST 93.33 FEET TO THE WESTERLY LINE OF
RIGHT OF WAY TO STATE OF CALIFORNIA RECORDED OCTOBER 15, 1925 IN
BOOK 1128 PAGE 289 OF DEEDS; THENCE ALONG SAID WESTERLY LINE NORTH
4’01’43” EAST 44.08 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF
THE ATCHISON, TOPEKA, AND SANTA FE RAILWAY; THENCE ALONG SAID
SOUTHWESTERLY LINE NORTH 41°10’17” WEST 220.72 FEET TO A POINT IN
THE ARC OF A 1532.69 FOOT RADIUS CURVE, THE RADIAL CENTER OF SAID
CURVE BEARS NORTH 34”02’44” EAST FROM SAID POINT; THENCE NORTHWESTERLY
ALONG THE ARC OF SAID CURVE 362.63 FEET, THROUGH A CENTRAL ANGLE
OF 13’33’22”; THENCE LEAVING SAID SOUTHWESTERLY LINE ALONG THE
NORTHERLY LINE OF SAID LOT A OF GRANVILLE PARK UNIT NO 2, MAP NO
2037, NORTH 89°57’50” WEST 595.58 FEET TO A POINT IN THE ARC OF A
300 FOOT RADIUS CURVE IN THE CENTER LINE OF AN 80 FOOT DRAINAGE
EASEMENT TO THE CITY OF CARLSBAD AND THE CITY OF OCEANSIDE, RECORDED
AUGUST 18, 1971 AS FILE NO 184385, THE RADIAL CENTER OF SAID CURVE
BEARS NORTH 53°30’09” WEST FROM SAID POINT; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE, BEING ALSO ALONG THE CENTERLINE OF
SAID DRAINAGE EASEMENT, 78;47 FEET, THROUGH A CENTRAL ANGLE OF
14°59'14"j THENCE TANGENT TO SAID CURVE SOUTH 51°29’05” WEST 409.16
FEET MORE OR LESS TO THE MEAN HIGH TIDE LINE; THENCE SOUTHEASTERLY
ALONG SAID MEAN HIGH TIDE TO THE TRUE POINT OF BEGINNING.
EXHIBIT “A” (PAGE 2)
LEGAL DESCRIPTION
PARCEL 4
THAT PORTION OF LOT A OF GRANVI LLE PARK UNIT NO 2 IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO 2037 FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY JUNE la, 1927; TOGETHER WITH THAT PORTION OF
OCEAN STREET (FORMERLY LAGUNA DRIVE) ADJOINING LOT 47 OF GRANVILLE
PARK, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO 1782, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO FEBRUARY 21, 1924; ON THE
NORTHWEST WHICH WAS VACATED AND CLOSED TO PUBLI C USE BY RESOLUTION
NO 918 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, RECORDED JULY
19, 1963 AS FILE NO 126793 MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 1 OF GRANVILLE
PARK, MAP NO 1782; THENCE ALONG THE NORTHWESTERLY LINE OF SAID
LOT 1 AND THE SOUTHEASTERLY LINE OF SAID LOT A OF GRANVI LLE PARK
UNIT Ed0 2, MAP NO 2037, SOUTH 57°29’OO” WEST 297 FEET MORE OR LESS
TO A POINT OF INTERSECTION WITH THE MEAN HIGH TIDE LINE;
THENCE RETRACING SAID COURSE
NORTH 57°29’OO” EAST 297 FEET MORE OF LESS TO A POINT IN THE ARC
OF A 127.29 FOOT RADIUS CURVE IN THE NORTHERLY LINE OF OCEAN STREET,
THE RADIAL CENTER OF SAID CURVE BEARS SOUTH 72°38’OO” EAST FROM
SAID POINT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND
THE NORTHERLY LINE OF OCEAN STREET 140.22 FEET, THROUGH A CENTRAL
ANGLE OF 63°07’OO” TO A POINT OF COMPOUND CURVE, SAID CURVE HAVING
A RADIUS OF 190 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE 35.34 FEET, THROUGH A CENTRAL ANGLE OF 10°39’20”, THENCE
LEAVING SAID CURVE NORTH 32°21’40” WEST 9.51 FEET TO A POINT IN
THE ARC OF A 198 FOOT RADIUS CURVE, THE CENTER OF SAID CURVE BEARS
SOUTH O”22’49” EAST FROM SAID POINT, SAID POINT BEING THE TRUE
POINT OF BEGINNING; THENCE MASTERLY ALONG THE ARC OF SAID CURVE
20.88 FEET, THROUGH A CENTRAL ANGLE OF 6°02’34” TO A POINT OF REVERSE
CURVE, SAID CURVE HAVING A RADIUS OF 579.95 FEET; THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVt= 226,04 FEET, THROUGH A CENTRAL ANGLE
OF 22°19’55”j THENCE TANGENT TO SAID CURVE NORTH 73°19’50” EAST
25.33 FEET TO A TANGENT 175.88 FOOT RADIUS CURVE TO THE LEFT;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 113.89 FEET;
THROUGH A CENTRAL ANGLE OF 37°06’20” TO A POINT OF REVERSE CURVE,
SAID CURVE HAVING A RADIUS OF 73.00 FEET; THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE 112.10 FEET, THROUGH A CENTRAL ANGLE OF
87°59’16” TO A POINT IN THE ARC OF A 265.20 FOOT RADIUS CURVE IN
THE NORTHEASTERLY LINE OF MOUNTAIN VIEW DRIVE, THE RADIAL OF SAID
CURVE BEARS NORTH 64°40’57” EAST FROM SAID POINT; THENCE NORTHERLY
ALONG THE ARC OF SAID CURVE AND LEAVING THE NORTHEASTERLY LINE OF
MOUNTAIN VIEW DRIVE 30.34 FEET; THROUGH A CENTRAL ANGLE OF 6O33’1f;”
EXHIBIT “A” (PAGE 3)
- .- ..__ x ..__.___ -I- . ..- . -_- _.._._. “. -_-” ~-,- -- .._-____l__--.l_l-l-__l
THENCE TANGENT TO SAID CURVE NORTH 18O45’48” WEST 165.00 FEET;
THENCE SOUTH 86°19’30’t WEST 560.29 FEET; THENCE SOUTH 3Z021’40”
EAST 305.49 FEET TO THE NORTHERLY LINE OF OCEAN STREET, SAID
POINT BEING THE TRUE POINT OF BEGINNING.
EXHIBIT “A” (PAGE 4)
--
.C# ,‘,. ‘* ., . / - . A .._. I,
* *.
I
1.
2.
. 3,
4,
Grading and paving of adjacent public'right of way
to its centerline except that portion improved to
City Standards.
Construction of P.C.C. curb, gutter and sidewalk
abutting all street frontages of property. 4 .
Planting of street trees or deposit of monies with the City to plant said trees.
Installation of street lights and payment of 18-month
energy charges as required by City Engineer.
All construction shall conform to,Ci.ty standards at time the
-e . . . . 843 - (
work is done. II
Exhibit "B"
,---..--. -.-.-.-..--_ -..- -. -.- ..,.-_ --_-_--.- ..I__ ..- _-_ -- __ -._ -_. 8x4 .-. .- --. _.. -_ __-. _ _. . -..- ‘, ., ----I .: , *
3 OFFICIAL iik.CORB$ SAN BIEOO CQ_UtjTYdALIFt 8 ,
I HARLEY F,BLOOM . ‘- RtXQROkR
,L...~-..- ~__~ _~__~. _. ___ __--- NO FEE
-- ..I. _ - .- ..-_.- .-.. . . . . . -. . ‘--- --.-------.--------L--.------------I_.. -- .,.._..._ _- -.-.. I _._I. .-_.-...- .-_- -- - -_..,___- ----.-