HomeMy WebLinkAbout; Chappee, Eugene & Margaret; 74-016912; Future Improvement Agreement/ReleaseRECORDING REQUESTED BY AND Documentary Transfer Tax $0.00
WHEN RECORDED MAIL TO - Computed on Full Value of
Property Conveyed
CITY OF CARLSBAD - Or computed on Full Value Less
1200 Elm Avenue Liens and Encumbrances Remaining
Carlsbad, CA 92008 at Time of Sale
41 MAIL TAX BILL TO WC CrrYOFCARWmi
5 Owner Named on Line 8 at
Signature of Declarant f- I rm Name
or Agent Determining Tax
6 Address Named on Line 9
7 FUTURE IMPROVEMENT AGREEMENT
8 OWNER: Euqene C. Chappee and Marqaret M. Chappee
g ADDRESS : 654 N. Hiqhway 101, Encinitas, CA 92024
10 DATED: January 15, 1974
11 PART IES: The parties to this agreement are the City of Carlsbad,
12 a municipal corporation of the State of Cr31ifornia, hereinafter
13 referred to as CITY: and the person or persons mentioned on Line 8
14 of Page 1 hereof, hereinafter referred to as OWNER, without regard
15 to number or gender.
16 COVENENTS : It is mutually agreed by the parties hereto as follows:
17 1. CITY hereby approves the conditional use permit for an auto
18 wrecking yard located northerly of Ponto Road and easterly of
19 Carlsbad Boulevard as per conditions of Resolution No. 3053,
20 (Assessor’s Parcel #214-160-28), on that certain real property,
21 warranted by OWNER to be wholly owned by him, the Southerly two
22 hundred feet of the Parcel described on Exhibit “A1’, attached
23 hereto and by this reference incorporated herein. Also shown
24 for convenience sake on Attachment “A”, attached hereto and
25 made a part hereof.
26 2. CITY does hereby temporarily waive the requirement that the
27 OWNER of said southerly two hundred feet (Assessor’s Parcel
28 214-160-28) install along the street frontages of entire
29 parcel described on Exhibit “A” those certain pub1 ic improve-
30 ments listed on Exhibit “Bj’, attached hereto and by this
31 reference incorporated herein.
32 3. Upon written demand therefor by CITY, addressed to OWNER at
: -/ & ! ,.” I _” :. A, ._- A rr“ ,$.$ *I yc”
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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 frontages of entire
Parcel as described on Exhibit "A", 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 entire Parcel
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 southerly two hundred feet of Parcel
described on Exhibit "A" (Assessor's Parcel #214-160-28), or a
part thereof is sold, the herein stated obligation shall
automatically also become 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
OWNER's said obligations and OWNER shall upon written demand
therefor, reimburse to CITY its costs therefor.
It is expressly agreed that it is not the intention of the
parties hereto that this Agreement confer any rights or benefit
whatsoever upon any third parties including, but not limited tc
the owners, their heirs, successors and assigns of the northerl
two hundred feet of the parcel described on Exhibit "A"
(Assessor's Parcel #214-160-29).
This agreement shal.&,be binding upon and inure to the benefit
of the heirs, successors, assigns, and successors in interest
in said real property, to wit: the southerly two hundred feet
of the Parcel described on Exhibit "A", and shall run with
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said southerly two hundred feet, and shall create an equitable
servitude upon said southerly two hundred feet.
CITY OF CARLSBAD, A Municipal Corporation of the State of California
APPROVED AS TO FORM:
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STATE OF CALIFORNIA) ss
COUNTY OF SAN DIEGO) l
7-r
On this day of LfhV~Ah/
before me, r/lfqb4nrfTE A&r/l</
for the State, p@‘rsonall; appeared
to me to be Mayor of the City of and known
to me to be the person who executed the within instrument on behal
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
OFFICIAL SEAL
MARGAREl- E. ADAMS
I~o.I’AK‘I “;ldi.lC . LAi.i~-t~o,~'dlA
P:(iE!LIPAL 01 ilii; I& %N DltGj COJiyl I
MY CO?tJiMISSION EXPIRES FEDRUARY 15, 1974 w-w- I A
f
’ STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO > “*
ersonal ly
the unders+sz,pry
appeared
,known to me o be the/’
to the within instrument
and WliNESS my hand and official seal.
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CHAPPEE
Al 1 that portion of the South two-thirds of Lot 4 (Southeast
Quarter of the Southeast Quarter) of Section 29, Township 12
South, Range 4 West, San Bernardino Meridian, in the City of
Carlsbad, County of San Diego, State of California, according
to the United States Government Survey approved October 25,
1875, described as follows:
Commencing at the intersection of the South line of said
Sect ion 29, with the Westerly line of the abandoned portion
of the Atchison, Topeka and Santa Fe Railway Company’s (formerly
the California Railway Company) right of way across the South
two-thirds of said Lot 4, said point being distant along said
Southerly 1 ine North 8g04g’O0 ” West 209.69 feet from the South-
east corner of said Sect ion 29; thence along the Westerly line
of said abandoned railroad right of way! North 4’40’18”West to
the Northerly line of said South two-thirds of Lot 4, being the
South 1 ine of land conveyed to Herbert J. Estes by Deed recorded
December 3, 1936 in Book 600, page 65 of Official Records; thence
retracing South 4’40’18” East 200.00 feet to a point which bears
South 89”40’18” East from the Northeasterly corner of land
described in Parcel No, 1 in Deed to Bruce B. Kesner, et ux,
recorded March 3, 1961 as File No. 38987; said point being the
TRUE POINT OF BEGINNING: thence continuing along the Westerly
line of said abandoned right of way South 4’40’18” East 400.00
feet; thence South 89”40’18” East 200.00 feet to the Easterly
line of said abandoned ri
1 ine North 4’40’18” West 2
ht of way; thence along said Easterly
00.00 feet to a point which bears
South 89°40’18” East from the true point of beginning; thence
North 8g040’18” West 200.00 feet to the TRUE POINT OF BEGINNING,
EXHIBIT “A”
b, .
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382
CHAPPEE
1 . Construct full subdivision improvements as required by
City Ordinance and the City Engineer for that one-half
street fronting on the subject property described on
Exhibit “A”..
2. Participate in the installation of sewers to serve the
area, in accordance with the Master Plan, as required
by the City Engineer.
All construction shall conform to City Standards at time the
work is done.
EXHIBIT “B”
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