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HomeMy WebLinkAbout; NL & D Affiliates; 73-126172; Future Improvement Agreement/ReleaseE 7 e 9 10 12 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 .27 28 29 30 31 forthwith, at OWNER's sole cost and expense, prepare plans 32 and specifications, approved by CITY, for the construction I I j L > .' , 5 L i i I )I 1 ' I 4 I , I / I RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF CARLSBAD l-200 Elm Avenue CarlsbaZ. California 92008 MAIL TAX BILL TO Owner Named on Line 7 at Address Named on Line 8 -. - 1708 Documc+ntary Transfer Tax$ -A Computed on Full Value of Property Conveyed, Or Computed on Full Value Less Lie and Encumbrances Remaining at Time of Sale. t&LeLsa*p Firm Name FUTURE IMPROVEMENT AGREEMENT of OWNER: N L & D Affiliates, a California corporation ADDRESS: P.O. Box 1246 Carlsbad, CA 92008 DATED: m- a, ‘ 773 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 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 #196 - Stratford Lane and Knowles Ave. assessor's Parcel no. 156-163-33 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 -l- 0 73- I4 t . I( 1: 1: 1: 12 If 16 17 lf 1s 2c 21 2% 23 24 25 26 -27 28 29 30 31 32 4. 5. 6. of said pub1 ic 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 perforn 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 .” . STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) l On this d&-j-jj~~&$jf$-; ;;$; ;;;;L'< :,d f,& before me, the State, personall; appeared )>Y)\~!'SM dnltuF , known to rnE to be Mayor of the City of Carlsbad,'California, and known to me to be the person who executed the within instrument on behalf of -2- c ‘, ’ 1 8 9 10 11 12 . 13 14 15 16 17 18 19 20 21 22 23 24 25 26 .27 28 29 30 31 32 said public corporation, agency or political subdivision, and acknowledged to me that such City of Carlsbad, California executed the same. WITNESS my hand and official seal. Signature N J, ii D AFFILIATE LUG-; OWNER STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) l On &Y-7-3 -, before me, the undersigned, a Notary Public in and for said State; personally appeared a<\ c - \.luc \&Es B- I known to me to be the person/s whose name/s is/are subscribed to the within instrument and WITNESS my hand and official seal. I n 1 ,._ ^ _,._ h;‘- ^ _ ,. ^ ^. I\ -..^<?/““< ;’ I Name (Typed or Printed) \I ,.,.,~ , ‘$ ” _ .‘\, r, r ~ ;<\(l; F(-)*;{;.~j”;,<f; ; ( .>y* y. ,, : ‘\$ :’ 3, ,>,,n ,,b~\ ,. -:, !!!!,,.I\!3 ,. ~. y .:,t, i -. 1 L ., ,; .; ; ) ,\j : ( K /'jxl, , ,...- -, : I < .':‘ : ' y 7 ,. 3 1, . . . . . i..:,t- , >, ,’ ,r ‘I (! ‘. !,,I >. . . . _‘I .:. .., . ..-. ** . -3- PS #196 1. 2. 3. 4. 5. All the 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. 1telns 1, 2, and 3 apply to Knowles Ave. frontage only. construction shall conform to City standards at time work is done. < Exhibit "B" :a . . - * .,LL i- b,-,i-j 1 _ I -..? / S,\i - .a r * - 1712 - ,’ aI -!i>rcion of tkF I<urtl east [>c:zrter of t-he :TortI:s-e3t qxarter of Section, 6, .I\ .. ..; !1 :p 12 Soat:;, .'l-,;e Ir, i?est, Sian L"temc?rdFr,v Zase azd :,;eridian, in the L.(_L ..CY* - " or' s;1:: Diego, S:atc of \22iiEornia, ZlCCoTdiilg to ilnited States Coverraent 3 I r “’ 2 ) approved October 25, 18i5, dascrlbd as follo~;s: ; ; ‘.~;~~:.c-c ing at the :'Cort!?ve;t corxer of said Section 6; thence South 89"59'00" 1 - :.:3. :; -. along t5e Xorri: lL;-.i: of said Section, a disracce of 2007.7L feet; thence S:il t': OO"55'00" East a1or.g a line parallel wi~I: t3.e iast line of said ';,Jri'..:,;est Quarter of said Sec:ion, a distance of 663.89 feet to the TP;L;Z z,:; T >. : _ : 'DF ~EGIS:!ISG, being the Southeast corner of a parcel of Land conveyed to Cline Jones >I>-ers and wife by deed dated :,;arc? 17, 1939 and recorded in Gook 1763, page 89 of Deeds, records of said San Diego Comty; thence h'orth 89"47'15" East, a distance of 122.01 feet to the Southrqest corner of a parcel of land conveyed to Herbert C. Anderson and wife by deed dated October 12, 1933 and recorded in Book 256, page 129 of the Official Records of San 9ieg0 County; thence South OO"55'00" East, a distame of 321.89 feet to t::e 'Torthwest comer of a parcel of land conveyed to i?iZl~ Sachtlehen by deed dated October 5, 1932 and recorded in 3ook 160, page 311 of said Official Records, being also the Northeast corner of a parcel of land conveyed to Charles Gootes and wife by deed dated OctoSer 6, 1932 and recorded in Sook 39, page 378 of said Official Records; thence South 89"52'38" 1.' \.est along the North line of said parcel so conveyed to 3ootes, a distance of 121.01 feet to the !T horth.dest corner thereof being aI.so the Northeast cor?-Ic of a parcel of land conveyed to Charles i-enry '!arvey and wife, by deed dated October 17, 1930 acd recorded in Zoo? 1838, pape 91 of 3eeds; tllence North OO"55'00" I:est, a distance of 321.52 feet to the TK'JE ?OIXi OF "if;em‘i .F*:I;.JC;. mpiled j-20-72 _c,,“21;- T.:.: therefrom the Sout'ierly 27.00 feet iri:ereof as granted to the -494859 tire of Carlsbad by deed recorded September 15, 1965 as File Xo, 167289. L’ , * __ - w13 . t56-I6 . i’ . ,*. 5 84”5,- r ZOb7 -71 ‘Aa ” I+-- 13: 5j 0°55’E &.0(3 t)~3’SROrJl .T ’ u w. CcaR s.Ec. G_- 3 (&--&I -._- u tiaz is-~ /I- sr@* If,: Fi.s py!Ai ~ ST ! /4?0/ :: ,“c + * ~9.51~~~ . 2 I i : ‘ri 0 ‘c’ ‘w I I t- I I I I I f i t 0.75 AC. w 0 &ye 4 $ I.~ “\ ir 2 \ 17 0 ,;-,.?I :,>v ‘A ~,~~3.?~.?R-, :.A- --’ ,h I ‘* rc3( ‘!yy?f *I Q.7’ c2::; 30 @ @; @$ \ ‘) \ F b? 3 19 ;-$ ! c,. y- ,-:. c . , I R ’ ; ‘-,y5 -2 r) > \ 1.) “I L D ? t ; 0 61 h 9 0 20 ,;’ \’ “;: \ /z/n/ i /I7 d/ ----‘W 1 2,: 1 ,-../. >, ; 3 i .w -.II--_ _. _ t v;u”5,7 il. - .i ~LR,Si I:?; L. F;'+ _ If .-.-i --. /2& ,- , :, .-._. --.i 'I.- I' 2 A! L' 6 --.-~~?-, jlJ. .I-';<; ,,'( --h-y--;y---.---6 a --.L &) h m.-,5 - .s'.a 03 - J.-k L'i' -.-& p, t ,,\/fl*: -+,-7,-d /“\ i..- -4 u TITLE PLANT SERVICE .- .-I hii /d.,t . I”, !“:,r ,<,I ,<I lola ,,I y 4& ~.‘;li%ii~~~~:~~,~,~~,~;:;:~~~l fANU TlTLlc .11,1 I . . . 111 ,I,:,:,& b,, I ,.,. 1>1, ,,I r,.- P,ATTACHMENT R’ - I,.L>, < ths-r-o.., rf rLf s;:(: (-‘ J T i.TS--R’/\‘/ - p(j[< ‘!E I,‘4 OF >(:I i 11 ph.1 4.7 I, ~5 4, Ij-