HomeMy WebLinkAbout; SWYS Corporation; 317486; Future Improvement Agreement/ReleaseI.871 __
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?l.’ .: 32 and specifications, approved by CITY, for the construction
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RECORDING REQUESTED BY AND ‘; zx,_*/*~ , .~:
WHEN RECORDED MAIL TO , j ,,:J i
CITY OF CARLSBAD 1200 Elm Avenue Carlsbad Zalifornia 92008 Docum‘entary Transfer Tax$ 0.00
- 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
FUTURE IMPROVEMENT AGREEMENT
of
OWNER: The SWYS Cormration, _I_- a California corporation
ADDRESS: 2093 E_. Ball Road Anaheim, CA 92806
DATED: I" - 5’- 7-v ,
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. CITY hereby approves the,~a~eel-~p~;l~11~5-southwest corner
of Home St. and Hope Ave.
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.
3.
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
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EXHIBIT “A”
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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.
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 perforr
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 Municipa.1
Corporation of the Statec:o$' California
By:
STATE OF CALIFORNIA )ss
COUNTY OF SAN DIEGO ) l
”
on this d ST/ day of in the year /yTg, ,
before me, d-- &. Itl’dA P7.S # a Notary Public in and for
the State, ly appeared &wkfM, &&VP_. , known to me to be Mayor of the City of Carlsbad,'California, and known to me
to be the person who executed the within instrument on behalf of
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p 4 1873 .
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said public corporation, agency or political subdivision, and
acknowledged to me that such City of Carlsbad, California executed
the same.
WITNESS my hand and official seal.
Signature
OWNER ' ,.,,
STATE OF CALIFORNIA )ss
COUNTY OF -1 l
it7L AA/c+Ea=s
6+- /, 'f77*', before me the undersigned * I a Notary
Public in and for said State; personally appeared
is&c 77 yiiHL , h$& j&s~~,w-- /5h;fi ..L. zw L2*/fi JR I dcEcz,cE~*y 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.
Name '(Typed or Printed)
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GOHZ'J$+p mHIBI!z fl4("
Lots 11 and 12 in Schell and Sites Addition to Carlsbad, in the County of San Diego, State of California, according to Map thereof No. 2145,
filed in the Office of the County Recorder of SanIDiego County, February 30,
1929. Assessor's parcel parcels no. 203-202-14 & 16.
EXCEPTING therefrom the Southwesterly 56.98 feet of Lot 12.
ALSO EXCEPTING therefrom that poition described as follows: r
Beginning at the Northeasterly corner of said Lot 11; thence South 55"26'30"
Typed West 13.00 feet to the beginning of a tangent curve, concave Southwesterly,
g/12/72 having a radius of 13.00 feet; thence Southeasterly along said cume, through
Ch87769 a central angle of 9O"OO'lO" an arc distance of 20.42 feet; thence North 34"33'20" West 13.00 feet to the Point of Beginning.
PAHCEL SYLIT X0. 185
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PARCEL SPLIT #185
1. Installation of street lights and payment of 18-month
energy charges as required by City Engineer.
2. Owner agrees to participate in any improvement district,
or districts, formed for the purpose of undergrounding
utilities and installing ornamental street lights along
street frontage of property.
All construction shall conform to City standards at time the
work is done.
EXHIBIT “6”
1876
P.S. NO. 185
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FI)&P&PC ,,31748_6 ‘* bl)L ‘ BOOK i972
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FD. Spk. * Tin
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FD. Spk. 4 Tin par City Ties
Ficcid Book 19, ‘paqe 9
ATTACHMENT -7i ’
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