HomeMy WebLinkAbout; Kelly, Carroll; 74-230328; Future Improvement Agreement/Release,t
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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
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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
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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
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26 Approved .as to form:
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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)
.
.
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TO ‘I.(4 c* (7.73)
(Attorney in Fact)
STATE OF CALIFORNIA
‘I COUNTY OF SAN DIEGO _) ss.
TITLE INSURANCE AND TRUST
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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”
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. . 448
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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"
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