HomeMy WebLinkAbout; Carlsbad Investment Corporation; 164594; Future Improvement Agreement/Release1725 _
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11 COVENANTS: It is mutually agreed by the parties hereto as follows
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008 Documentary Transfer Tax$ Q, o&2
Computed on Full Value of Property MAIL TAX BILL TO Conveyed,
Owner Named on Line 7 at Or Computed on Full Value Less Lie - Address Nained on Line 8 and Encumbrances Remaining at Time
of Sale.
FUTURE IMPROVEMENT AGREEMENT
of
OWNER: CARLSBAD INVESTMENT CORPORATION
ADDRESS: P o BOX 275, Carlsbad, CA 92008
DATED: June 23, 1972
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. .
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. . CITY hereby approves the develoD=nt as Der snecrfrc Dlan
Pio Pica G Oak Ave. . approved bv ORD #9304-“Restaurant G Cocktar 1 I mrwe II
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 requirement that OWNER
install along the street frontage of said property those
certain public improvements listed CA 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 8 of Page 1 hereof, OWNER shall
forthwith, at OWNER's sole cost and expense, prepare plans
and specifications, approved by CITY, for the construction
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1; the herein stated obligation shall automatically also become
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1: of the heirs, successors, assigns, and successors in interest
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of said public improvements in the street frontage of said
property, and shall then forthwith 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.
In the event title to said property or a part thereof is sold,
the obligation of the new owner.
In the event OWNER fails to act as required in paragraph 3
above, after written demand therefor by CITY, CITY may perform 1
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
in said real property, shall run with said real property, and
shall create an equitable servitude upon said real property.
ARLSBAD, A Municipal
of the State of California
By: <
Vice Mayor GLENN E. McComas
STATE OF CALIFORNIA jss
COUNTY OF SAN DIEGO ) l
‘.4!& On this 24 day of
before me,
the State,
we-f- EC-w: ~~t~:~ ~~~~i[<~~d fhr B 7 personally appeared , 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
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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.
Secretary
OWNER
STATE OF CALIFORNIA )ss
COUNTY OF SAN DIEGO ) l
On , before me, the undersigned, a Notary
Public in and for said State; personally appeared
, 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
Name (Typed or Printed)
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FlWPk?’ #O 1645g4 iiisn ir aEcoRofoREOUPsTOf
&id.&LdClTy CLEBK
JtJNz'1 IO 57 W'IZ
mwAC IILCOROS SAM OlEOO cOu#TYdA~fF, HARCEYF.8100~ RfCOftOEl
NO FEE
TO 449 c
(Corporation) 0 TI
STAT: OF CALIFORNIA
COUNTY OF JAX, D /&-6 o
On --...-ZU~~
State. prrjonally appeared
known to me to be the
known to me to he
s,,,.,\Irr::. ,.9 ss. “I ” I: ,\\\I*4 ,-x’ b\ 1., i. 3 s 3 *J \ i,l y : c; .. .~ /” i’
before me, the undersigned, a Notary Public in and for said? p ;.”
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0 O/UC Ne&bm I
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President, and I C_, :‘.,. 3: : :
Secretary of the corporation that executed the within Instrument.‘;, ‘(-
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‘* known to me to be the persons who executed the within In?;trlrmr*nt cln hrhalf of the corporatiam therein nanxd, and ackrunrIctlgc4 IO me that such corporation cxevutrd the within inhtrlrment pur>uant 10 its by-laws or a resoluti~bn of its hoard of directors.
1 -. OFFICIAL SEAL
3% FRED A. NORMAN, SR.
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‘c,, (/ii I lr : PO, ‘%&.,“*T*” :’
~‘ITNESS my hand and official seal.
Signature 8 4-L&. lAh-MmymA.
GitEb H . /t)ORNRq Sh
Name (Typed or Printed)
:?(# NOTf%Y I (JELIG CALlFORNiA
‘2 , ‘/ PRIi?“CiPAL OFFICE IN 9 , SAN DIEGO COUNTY
uv Commission Exnires NOV. 21. 1972
(This area fw emeial notrrial beat)
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my 28, x-972
DxSCRIF$ION. OF FRC;E'EW'y Or' ROl3&3'l' W'i$(jE SR, AS SEO'&? ON PARCEL SFLIX no. 159
lchai, porction of tract 115 of i;Be xown of Carlsbad, according co -c;he Amended Kap thereof L'o. 775, filed in the office of &e County Recorder of San Diego Cowcy, California, February 15, 1894, described as follo~~s:
Commenciag ab &e intersection of the Southeasterly line of said Tract wit:? the East line of'said Tract, being the most Southerly comer of a parcel. of land corweyed by Charles Kreutzkasp and wife to ';Jillian K;reutzl:a:sg 2~ deed reco;*ded in Book 1253, pge 425 of Deeds; theme South ~6°00'OQ" West 140.$:9 feet along tl;e South- easterly line of sal.d tract t0 the c0ntixxG.n~ South $5'00 LO true r,oiut of begimirrg; thmce '7 " West lk0.00 fed; tileme lea.vi~:~; said
Southeasterly lirlc -2io;,tpA 3J-i"0,11Cf3rt Z+ZSt; 145.73 feet to th ,a: tC?rly line of 121x? of t42e State of California, shown 2s the Enste:<>ly line of pica Drlv@, i-;O feet wide, o~i Farce1 Ikp ISo. 716, filed ,January 20, 1972 in Farce1 ~lsps of San~Diego County, California; tierice along said Easterly line Earth 13°30t00tr East 176.k1 feet to the beginnicg of a tangent curve therein concave Westerly .md having a radius of 230.00 feeti thence Kortherly alon a central angle of 3O27 19" bearing Korth 34000iOOfl West
a distance of 13. 8 said curve through 7 feet to a line from the true point of begkming; thence South 34°00'O011 East 274.58 feet to the true point of beginning,
Exhibit "A"
CARLSBAD INVESTMENT CORPORAT I ON
1. Grading and paving of adjacent public right of way
on Oak Ave. to its centerline except that portion
improved to City standards.
2. Construction of P.C.C. curb, gutter and sidewalk
abutting all Oak Ave. frontages of property.
All construction shall conform to City standards at the
time the work is done.
Exhibit “B”
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ATTACHMENT ‘K
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