HomeMy WebLinkAbout; E-Z-8 Motels Inc; 73-009510; Future Improvement Agreement/Release. ’ . . .
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RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO
CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008
MAIL TAX BILL TO
Documentary Transfer Tax $ ti1L
- Computed on Full Value of Property Conveyed,
Owner Named on Line 7 at Address Named on Line 8
- Or Computed on Full Value Less - Liens and Encumbrances Remain- ing at Time of Sale.
cfry OF &.w+o Sigtiture of Declarant or Firm Agent Determining Tax
FUTURE IMPROVEMENT AGREEMENT of
Name
OWNER: E-Z-8 Motels, Inc.
ADDRESS: 1556 E. Main St. El Cajon, CA 92021
DATED: January 2, 1973
Assessor's parcel no. 205-790-73 and 205-190-15 and 205-190-16
PARTIES: The parties to this agreement are the City of Carlsbad, a
municipal corporation of the State of California, hereinafter referr
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.
2.
3.
CITY hereby approved the parcel split #186 Pio Pica and
Palm Ave. (E-Z-8 Motel) on that certain real
property, warranted by OWNER to be wholly owned by him, describe
on Exhibit A as Parcel #l, 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
of Parcel #l install along the street frontages of Parcel #l and
Parcel #2 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 8 of Page 1 hereof, OWNER shall
forthwith, at OWNER's sole cost and expense, prepare plans and
specifications, approved by CITY, for the constuction
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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 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 perforr
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
shall create .an equitable servitude upon said real property-
CITY OF CARLSBAD, A Municipal
Corporation of the State of California
.
BY
STATE OF.CALIFORNIA )ss
COUNTY OF SAN DIEGO ) -'
On this in the year mz3 ,
before me, a Notary public in and for
the State, * L&y&f% . * , known to mc
to be Mayor of the City of Carlsbad,'Cali%ornia, 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,
I
. .
.
OFFICIAL SEAL
MARGARET E. ADAMS
~IO’IARY IWBLIC - CALII-diiulA
PRIiICIPkL Dftlii Ill
SAN OIEGO COUNT
MY COMMISSION EXPIRES FEBRUARY 15, 1974
OWNER 1 .,
OWNER
STATE OF CALIFORNIA )ss.
COUNTY OF.SAN DIEGO ) l
On , be.fore 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)
-3-
TO 449 (3
(Corporation) 0 n
STATE OF CALIFORNIA
San Diego COUNTY OF > ss.
On December 19, 1972 before me, the undersigned, a Notary Public in and for said
State, personally appeared Ralph Wllmot
known to me to be the Vice President, and Guy Thomas Wilmot I
known to me to be Secretary of the corporation that executed the within Instrument, known to me to be the nersons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its hy-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
Signature mAJu4j.L
Michele G. Gri.mm
Name (Typed or Printed)
NOTARY PUBLIC C&ii. L F~INCIPAL OFFILE IN ' :'
SAN DliG3 CDi;iVi‘Y f My Commission Exci.cs MJ~ 9, :g.,s
(This are* for 0mdd notarial real)
. ,
L ’ .
, 140+38, -
Parcel Split +186
Legal Description
Parcel #l (E-Z--8 Motels, Inc. and PRC Investments, Inc.)
That portion of Lots 9 and 13 of Block "C" of the re-subdivided
portion of Alles Avocado Acres, in the City of Carlsbad, County
of San Diego, State of California, according to map thereof No.
2027, filed in the Office of the County Recorder of San Diego
County, May 17, 1927, described as follows:
Beginning at the easterly corner of said Lot 9, thence South
GlO54'36" West, 104.93 feet: thence North 73"13'55" West, 71.66
feet; thence North 22"33'07" West, 335.91 feet; thence North
61"54'32" East, 63..22 feet: thence South 28OO6'13" East, 35.00
feet: thence North 61O54'32" East, 60.00 feet; thence South
28"06'13" East, 349.89 feet to the Point of Beginning, Containing
therein 51,117 sq, ft:
Assessor's parcel no. 205-190-15 and 205-190-16
Parcel #2 (Morse, Robert L. and Irma A.)
That portion of Lot 13 of Block "C" of the re-subdivided portion
of Alles Avocado Acres in ,the City of Carlsbad, County of San
Diego, State of California, according to map thereof No. 2027
filed in the Office of County Recorder of Said County, May 17,
1927, described as follows:
Beginning at the northeasterly corner of said Lot 13, thence North
88O34'10" West, along the northerly line of Lot 13 a distance of
68.89 feet to the TRUE POINT OF BEGINNING. Thence continuing along
said northerly line North 88"34'10" West, 4.44 feet: thence South
36O17'20" West 51.44 feet; thence South 22O33'07" East, 134.07 feet;
thence North 61"54'32" East, 63.22 feet; thence North 28"06'13"
West, 153.50 feet to the TRUE POINT OF BEGINNING. Containing therein
8,168 sq. ft.
Assessor's parcel no. 205-190-13
Exhibit "A"
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\ ‘I . EZ8 Motels, Inc. 142 = -
1.
2.
3.
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 except
that portion improved to City standards.
Installation of ornamental street lights and deposit
of monies with the City for 18 months street light
energy.
All construction shall conform to City standards at time
work is done. .
RECOP.!I!~I t!&STOF 5
c&&6-&~TY CLERK
ahNIl I 12rnw
OFFJCIAL HECORDS ~AMDM@OCOUNTY.CALIF. HAltLEYf.BLOOM RECORDER
NO FEE
Exhibit "B"