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HomeMy WebLinkAbout; Army & Navy Academy; 73-027461; Future Improvement Agreement/Release1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1E 1s .2c 23 2.2 23 24 26 28 21 2E 25 3c 33 3; 845 L/ _ RECORDING .>ti UESTED BY AND B WHEN RECORDE MAIL TO CITY OF CARLSBAD ,3 I/ 73 1200 Elm Avenue Carlsbad, California 92008 Documentary Transfer Tax $ nil - Computed on Full Value mperty MAIL TAX BILL TO Conveyed Or Computed on Full Value Less Liens and Owner named on Line 8 at encumbrances remaining at time of sale. Address Named on Line 9 ,., m ,bf& City of Carlsbad ure of Declarant or Firm Name Agent Determining Tax FUTURE IMPROVEMENT AGREEMENT of OWNER: ADDRESS: Army & Navy Academy Carl&ad Blvd. , Carlsbad, California DATED: 1, L4 ’ -/ 4 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 8 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: CITY hereby approves the Parcel Split No. 192 Assessor's Parcel No. 203-022-10 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. CITY does hereby temporarily waive the requirements 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. Upon written demand therefor by CITY, addressed to OWNER at the address mentioned on Line 9 of Page 1 hereof, OWNER shall forthwith, at OWNER’s sole cost and expense, prepare plans and specifications, approved by CITY, for the construction of said public improvements in the street frontage of said said public improvements property, according -l- and shall then to said plans a 1 2 3 4 E E 'i E E 1C 13 12 1: 14 1e lf 1: 1t l! .2( 2: 2: 2: 2! 21 21 2' 21 2! 31 3: 3: 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. 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. CITY OF CARLSBAD, A Municipal Corporation of the State of California Mayor STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ss, ) On this &zy” day of iTA_nl~dvi/ , in the vear /979 , before me, wA PV Ar r e2 b AJA .2 , - A “‘“‘J A ---a- AhI -a.- LVA I .i Iti c d , v =I Nn+;rv Pllhlir in nncl fnr the State, personaliy appeared DA~I/~ m, nU,v,ve , known to me to be Mayor of the City of Carlsbad, California, 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 WITNESS my hand and official seal. Signature \Jif /&,d& L , - l OFFICIAL SEAL -2- ARMY AND NAVY ACADEMY, UWNEK STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO ) On > before me, the undersigned, a Notary Public I in and for said State, personally appeared known to me to be the person/s whose name/s are subscribed to the within mstkument and WITNESS my hand and official seal. Signature Name (‘l’yped or Printed) APPROVED AS TO FORM: Vincent F. Biondo, City Attorney -3- L __.---___-,I_--~. ------- -1_1_- _ STATE OF CALIFORNIA COUNTY OF .-San- Diego.-- _ -I_ ss. . a 1 On- - - January 15 1973 -.--_ - -.--z .__...-. -- More me, thr! undcrricncd. a Notary Publitin nnrl frlr mid County and Stntc. 6 c,’ prrwnally appeared +-J-&erman.- .I_-- , known to me to be the- +-.--z~&xz~. -. ----.- : E _---~ ZXkDPasl~Xl0lXlZ#K : Assistant _ Secretory of the corporation that executed the n within Instrlrment. known to me IO he the persons who exerutcd the b within In~trumcnt behalf of the rorparation therein nnmed, nnrl k c”, ar~knowlrdpcd IO rurh rorporrtion cxevuled the within inutrument purs by4awr or a reroluhn of its board of ~ollp Wann Flanagan w Name (Typed or Printed) Notary Public in and for uid County and Sta~c POR NOTARY 8hAL OR STAMP tys’ ‘~~~~~...~*~~=~~*~=.8.~~www POUY V/ANN FLANAGAN ‘:I: r.),,, EYpircs MarCii 4, 1975 .*ms2In~ls~FJmma*s ? 0 Y I 8 I 8 , ‘ Y I $3 u ri ,a i) u=av2 P8m*8r**a8~t 848 JANUARY 12, 1973 LEGAL DESCRIPTION AGREEMENT FOR FUTURE IMPROVEMENTS REFERENCE-PARCEL SPLIT NO. 192 LOTS 10 THROUGH 17 INCLUSIVE, 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, ON FEBRUARY 21, 1924. 849 I-_II_I--_--I-u_-~..~-----~ -77 ~%“.“s-- C’F&fi -- z -- 3 d I ,r $ /z 0 7’ --I 1, /‘c; 1’7 01 : &!$27$--; *, I, ~h&p- dg ,P -me “--x/573&&& -- I /9209’ --- “3 I is I - * . . i ’ . . v Pf AL t3ECOR 8 $41 : yl j &4LV. 4 YI” L II mb a 850 ~~~~~~ I.. . “... * Cl &K JMI51 II lm'jj 1. 2, . 3. 4, Grading and paving of adjacent public right of way NO F& 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. 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 City standards at time the work is done. 4:. , -:p---~ - Exhibit "B" , I.. Recording Requested By & Return To:• · · Carlsbad City Clerk 1200 Carlsbad Village Dr. Carlsbad, CA 92008 -4 :i 0 Cit~ of Carlsbad ■§O•h•M41ih•l-14•i¥•Uht401 NOTICE OF COMPLETED CONTRACT AND RELEASE OF LIEN NOTICE IS HEREBY GIVEN that on the 3rd day of January, 1992, the Agreement between the City of Carlsbad and the Army and Navy Academy for a Future Improvement Agreement of parcel split No. 192, which agreement recorded in the County Recorder's Office on January 31, 1973, File/Page No. 73-027461, has been completed to the satisfaction of the City Engineer and is no longer binding. CITY OF CARLSBAD ATTEST: ~~NZ City C"Ierk • KAREN R. KUNDTZ, Assistant City Clerk (Reference:_~F~l~A~#_7~3~-~6'--__ ) P:\l>OCS\NISFORNS\FRN00039 REV. 1/3/92 2075 Las Palmas Drive • Carlsbad, California 92009-1519 • (619) 438-1161 ~: fl 1992-0024727 451 16-JAH-1992 09=26 AM OFFICIAL RECORDS SAH DIEGO COUHTY RECORDER'S OFFICE ANNETT£ EUAHS, COUHTY RECORDER RF: 6.00 FEES: 9.00 AF: 2.00 nF: 1.0Q .e·-r :.-f-~ STATE OF CALIFORNIA j ss: COUNTY OF 1~.,J ~ On ~ /0, /f9~ before me, the undersi~ Nota~r Public in~aid State, personally appeared ~ £. ~ -~~~~-----,'J"""""'.----;:;~--=-------~:-,o,----:ar-:.L' known o me t be the · of and nown to me to b the person who executed the it in instrument on behalf of said public corporation, agency or political subdivision, and acknowledged to me that such public corporation, agency, or political subdivision executed the same. seal. Signature) R 1-t-lVl>B& 1/rt,v-tfi Name (Typed or printed) ~ t