HomeMy WebLinkAbout; Kelly, Carroll; 74-230330; Future Improvement Agreement/Release-~
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO
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CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
MAIL TAX BILL TO
Owner Named on Line 7 at
Addr~3s Named on Line 8
FUTURE IMPROVEMENT
of
OWNER: Carroll R. Ke 11 y
ADDRESS: P.O. Box 175, Carlsbad, CA
DATED: August 20, 1974
AGREEMENT
92008
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PARTIES: The parties)to this agreement are the City of Carlsbad,
a municipal corporation of the State of California, hereinafter
referred to as CITY: and the person or persons mentioned on Line 7
of Page~ hereof, hereinafter referred to as OWNER, without regard
to number or gender.
COVENANTS: It is mutually· agreed by the parties hereto as follows:
1. CITY hereby approves the Parcel Sp 1 it No. 14 7-Palomar Airport
Road at Kelly Drive assesor 15 parcel No. 212-040-31 & 28
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.
2. 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.
3. 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 1 s sole cost and expense, prepare plans
and specifications, approved by CITY, for the construction
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457
of said public improvements in the street frontage of said
property, and shall then fc:rthwi th construct said pub lie
improvements according ~o said plans and specifications,
to the approval o~ 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.
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. 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.
6. 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.
STATE OF CALIFORNIA )ss
} . COUNTY OF SAN DIEGO
on this ~ / ~• day of ~IA(j u,$::c: , ~~ the year. tf7</
before rnc, Vies IQ\A p:\ 1 ~ 1_±h , a i'lOtary P~lic i._n and for
the State, personally appeared 1?oBfl£.T (!. Flid '2,€c-, known to me
to be Mayor of the City of Carlsbad, Californta, and known to me
to be the person who executed the within instrument on behalf of
-2:..
458
1 said public corporation, agency or political subdivision, and
acknowledged to me that such ci'ty of Carlsbad, California executed
2 the same.
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WITNESS my hand and official seal.
U--ll7 '· Signature~ -c0~
STATE OF CAL.IFORNIA
COUNTY OF SAN DIEGO
>ss ) .
OWNER
Atto ney in Fact
Robert Patrick Kell
On _____________ ,. befo~e me, the undersigned, a Notary
Public it:i and for said State; personally appeared
__________________ , Known to me to be the person/s
whose name/sis/are subscribed to the with~n instrument and
WITNESS my hand and official seal.
Signature _____________ _
Name (Typed or Printed)
Approved as to form:
./'\
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Ill ~ Ill :c
Ill .J II. <(
J-UI
TO 444 CA. (7-73)
(Attorney in Fact)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO } ss.
""TITLE INSURANCE AND TRUST
A TICOR COMPANY
On June 27, 19 74 before me, the undersi.gned, a Notary Public in and for said State,
personally appear<>d Robert Patrick Kelly
known to me to be the person_ whose name i S
Attorney_ in fact of Carroll R. Kelly
and acknowledged to me that he subscribed the name
of Carroll R. Kelly thereto as principal_
and his own name_ as Attorney_ in fact.
WITNESS my hand and official seal.
Signature uu..-~ 13 ~Ca t,t-t_-C
Audrey B. Fontaine
Name (Typed or Printed)
subscribed to the within instrument, as the
OFFICIAL SEAL
AUDREY B. FONTAINE
NOL~~y f'L'::t,C. CALl.'ORNIA
Pr:H·SC!'.'i.l. Oc.-!CE IN
SAN DIEGO COUNTY
My Commiss:on ExpirE_,~-~~pt 3, 1977
(This area for official notarial seal)
459
LEGAL DESCRIPTION:
A LL THAT PARCEL OF LA ND DES I GNAT ED AS 11 PARCEL D11 IN
THE CITY OF CARLSBAD AS SHOWN AND DELINEATED ON PARCEL
MAP NO. 2= 9<[3 FI LED IN THE OFF I CE OF THE COUNTY
RECORDER OF SAN DI EGO COUNTY, t17~ol~ /97J'.
EXHIBIT 11A11
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1. Grading and paving of adjacent public right of way
to its centerline except that portion improved to
City standards.
2. Construction of P.C.C. curb, gutter and sidewalk
abutting all street frontages of property.
3. Planting of street trees or deposit of monies with
the City to plant said trees.
4. Installation of street lights and payment of 18-month
energy charges as required by City Engineer.
5. Participate in the construction of a sewer line along
the entire length of Kelly Drive. Extent of partici-
pation to be based on benefit derived.
The above applies to that portion of Kelly Drive bordering
the easterly boundary of the subdivided parcel (maximum
width 84 feet) which falls within the basic parcel.
All construction shall conform to City standards at time
the work is done.
Exhibit "B"
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BASIS OF BEARING
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