HomeMy WebLinkAbout; Kelly, Carroll; 74-230329; Future Improvement Agreement/Release‘2 -y.-’ , 1
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RECORDING 'REQUESTED By AND
WHEN RECORDED MAIL TO m39’a9b CITY OF CARLSBAD l-200 Elm Avenue
Carlsbad, California 92008 Documentary Transfer Tax$ '6
Computed on Full Value of Property MAIL TAX BILL TO Conveyed,
Owner Named on Line 7 at Or Computed on Full Value Less Lie
and Encumbrances Remaining at Time Address Named on Line 8 of Sale.
Firm Name
FUTURE IMPROVEMENT AGREEMENT a of
OF7NER: Carroll R. Kelly
ADDRESS: p-0. BOX 375. Cwsbad. CA 92008
DATED- --3 '9'4
PARTIES: The parties)to this agreement are the City of Ca.rlsbad,
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..
COVENANTS: It is mutually.agreed by the parties hereto as follows
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3.
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CITY hereby approves the Parcel Split No. 147 - Palomar Airpor
Road at Kelly Drive assessor’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 shal
forthwith, at OWNER'S sole cost and expense, prepare plans
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and specifications, approved by CITY, for the construction
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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
5.
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 perforn
OWNER's said obligations and OWNER shall upon written demand
6.
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.
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of said public improvements in the street frontage of said
property, and shall then fcrthwith 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.
CITY OF CARLSBAD, A Municipal
Corporation of the State of California
By:
\ - !,,.t, : -. . '.'>_, " 7 ,.' "- .; : / ...;:...,i;".~~,l~,.~,:.. . . t ., STATE OF CALIFORNIA jss _:I* 6**
COUNTY OF SAN DIEGO j l
On this 2l+ day of &atc& I in the year 1974 ,
before me, j/Pa,,-,,= m,c,,-,,Gh I a Notary Public in and for
the State, pdrgonally appeared po~ec~ c. F~&zpg
to be Mayor of the City of Carlsbad,.California',
, known to me
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.
Signatur M?MV WILIC * r*LLWo:,h~. tm*crtc1 #fRCI IN :,:
OWNER
Robert Patrick Keily
OWNER
STATE OF CAL.IFORNIA )ss
COUNTY OF SAN DIEGO ) l
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)
Approved as to form:
-3-
.
TO 444 CA (7.73,
(Attorney in Fact)
STATE OF CALIFORNIA
. COUNTY OF SAN DIEGO ss.
TITLE INSURANCE
AND TRUST
ArKoR COMPANY
t
On June 27, 1974 before me, the undersigned, a Notary Public in and for said State,
personally appeared Robert Patrick Kelly .
z known to me to be the person- whose name- subscribed to the within instrument, as the
: Attorney- in fact ofdKe1 l-y
; and acknowledged to me that subscribed the name _ he g ofCarroll R. Kelly thereto as principal-
m and his own name- as Attorney- in fact.
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WITNESS my hand and official seal.
Signature
Audrey B. Fontaine
Name (Typed or Printed)
(This area for ofncial notarial real)
LEGAL DESCRIPTION:
ALL THAT PARCEL OF LAND IN THE CITY OF CARLSBAD
DESIGNATED AS “PARCEL A, PARCEL C, AND PARCEL D” AS
SHOWN AND DELINEATED ON PARCEL MAP NO. 29573
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, c$uaf- ..23. /j7f( l
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EXHIBIT “A”
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3,
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i 454
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.
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.
The above applies to parcel frontage on Palomar Airport Road.
All construction shall conform to City standards at time the
work is done.
Exhibit "E)"
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“BiOK RECORDED,& * Yfiiki f&f
tiFEC0 TITLE INSURANCE COMPANY
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NO FEE