Loading...
HomeMy WebLinkAbout; Kelly, Carroll; 74-230328; Future Improvement Agreement/Release,t ~ . . . ., ’ I * ‘. L, 444 _ 1 2 ;3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 2s 26 .27 28 29 30 31 32 RECORDING REQUESTED BY AND WHEN RECORDED KAIL TO C?T$9%ARLSBAD 1200 Elm Avenue Carlsbad, California 92008 Documentary Transfer Tax$ 8 ---- 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 Named on Line 8 and Encumbrances Remaining at Time P/7? OF wcsa FUTURE IMPROVEMENT AGREEMENT of OWNER: Carroll R. Kelly ADDRESS: P.O. Box 175, Carlsbad, CA 92008 DATED: Auqust &I974 .m PARTIES: The parties)to.this agreement are the City of Carlsbad, a municipal corporation of the State of California, hereinafter referred to is 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 approves the Parcel Split No. 147 -,Palomar _ Airpdrt .Road at Kelly Drive Assesor's Parcel No. 212-040-31 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 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 .4 and specifications, approved by CITY, for the construction l 0 74-15 . . : . : 8 , 4 f c t : t s 1c 11 12 13 14 15 16 .17 ia a9 ‘20 21 22 23 24 25 26 .27 28 29 30 31 32 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. 6. 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, 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 . . ;I. _ ,., .1 ., . ,:,~t.“l-. -< :::.AK cl/p I -. “:‘.T..,. ,:- * ,,., -, .%,’ .I, 1 2” _ ,,i. ‘I^ I” , i.. . 445 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. shall create an equitable servitude upon said real property. CITY OF CARLSBAD, A Municipal Corporation of th .,of California By: ‘,;Y:. I$~.-= 52 d’ STATE OF CALIFORNIA )ss j "I COUNTY OF SAN DIECO ) l ' !‘, I, On this 21 s+ day of a M, 9-A. iZtZ!T Eba~ic'~TX'and f;r before me, //lm,D \ \ the State, personally appealed $) OBERC @,. FRWEE , 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 -2- c I ., . . ../ - ‘. . . . 9 10 12 13 .' 15 16 t 17 ia 19 20 2ll 22 23 26 25 26 Approved .as to form: -27 28 29 30 31 32 446 said public corporation, agency or politi.cal subdivision, and acknowledged to me that such City of Carlsbad, California executed the same. WITNESS my hand and official seal, OFFICIAL SEAL Virgida M. Smith $ NOTMY PUNLIC - CALIfOLNIA ! .: nlNClPC1 OfFICE IN SRN OfEGO COUNTY 1.j II /$ MY COMMISSION EXPIRES MAY 9, 1977 ;” c. :~~~~~~~~~~~.,~~~~~~~i _ * OWNER i STATE OF CALJFORNIA )ss COUNTY OF SAN DIEGO ) - . -._ On , before me, the undersigned, a Notary Public in-and for said State; personally appeared I 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 ‘I.(4 c* (7.73) (Attorney in Fact) STATE OF CALIFORNIA ‘I COUNTY OF SAN DIEGO _) ss. TITLE INSURANCE AND TRUST t On June 27, 1974 before me, the undersigned, a Notary Public in and for said State, personally appeared Robert Patrick Kell b! known to me to be the person- whose subscribed to the within instrument, as the : Attorney- in fact of arroll R. Kell z and acknowledged to me that he subscribed the name _ 2 ,fCarroll R. Kelly fn 1 ‘ ‘.I.‘:,: CALPi‘Q~NIA FT.i:iC:; ,ZL 0i;‘iCi IN Audrey B. Fomne , Name (Typed or Printed) (This area for oflfcial notarial seal) i L I 447 - LEGAL DESCRIPTION: ALL THAT PARCEL OF LAND IN THE C ITY OF CARLSBAD DESIGNATED AS “PARCEL A, PARCEL B AND PARCEL C” AS SHOWN AND DELINEATED ON PARCEL MAP NO. 2943 F I LED IN THE OFFICE OF THE COUNTY RECORDER OF SAN D I EGO COUNTY .? 23. /4y EXHIBIT “A” - \ : ( I ‘. : *. . - I , I I . . 448 1. 2. 3. 4. 5. Grading and paving of adjacent public right of way to i-ts centerline except that portion improved to City standards. Construction of P.C.C. curb, gutter and siderqalk 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. Construction of storm drain system and appurtenances, sewer system and appurtenances and reinforced concrete box culvert and appurtenances.. . . ' . The above applies to ful-1 width unimproved portion of Macario Road . ._ 1 '1 < :. , __. : . . . All Construction shall conform to City standards at time the work is done. .at Exhibit- "B" ( i. . ,’ I I \ J, _. ._! ’ / / ‘-/ \ \ \ # _ 449 -- * .- ‘1,‘, ,’ y, *- - -7 .;.* / . -- -- \ 8AFECO TITLE INSURANCE COMPANY ihe B II 83 IN4 vi N.0 FEE I : . I 7- w t -? ” .