HomeMy WebLinkAboutCT 71-03; Bee Cee Company; 31810; Future Improvement Agreement/Release1
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WHEN RECORD?? IAIL TO
CITY OF CARLSBAD f !
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1200 Elm Avenue ,1, $l., i:i;:- _ _, ,. f p * $*.
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Carlsbad, California 92008
MAIL TAX BILL TO
‘h,.,iiS _ 11 b ., Owner Named on Line 7 at 5 ,:,;, 8.; ; : ,. _ _I " ;;\j;;'; y, cj,~\F.
Address Named on Line 8 ijy;;LE{ ?.I". JU:\ ! ; i': r, 'i 5 Ll .L i{
NO FEf! i/
PARCEL MAP IMPROVEMENT AGREEMENT
of
OWNER: Bee Cee Company
ADDRESS: 3095 State Street, Carlsbad, Calif. (Parcel Split 111)
DATED:
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 division by parcel map procedure of
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.
CITY does hereby temporarily waive the requirement that OWNER
install underground utility distribution facility to each said
lot and an ornamental street light in the public street
frontage of said lots.
Upon written demand therefor by CITY, addressed to OWNER at
the address mentioned on Line 8 of Page 1 hereof, OWNER shall
forthwith, at his sole cost and expense, prepare plans and
specifications, approved by CITY, for the construction of said
improvements and shall then forthwith construct said improve-
ments according to said plans and specifications, to the
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4. In the event title to one or more of said lots is sold, the
herein stated obligation shall automatically also become the
obligation of the new owner of said lot or lots, provided
however that the owner of each lot shall be obligated only for
the installation of the underground utility distribution
facilities to his own lot and for one quarter of the cost of
the ornamental street light,
5.
6.
7,
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
shall create an equitable servitude upon said real property.
In the event an improvement district proceeding is initiated
which proposes to install some or all of the herein stated
improvements, OWNER does hereby waive his right to protest
formation of said district and agrees to fully co-operate with
said proceeding,
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) “I
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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 lots, or as to any
portion thereof and as to any number of said lots, and the
failure by CITY to demand said work as to any of said improve-
ments or as to any of said lots, shall not constitute a waiver
by CITY of its continuing right to demand such work in the
future.
CITY OF CARLSBAD, A Municipal ion of the State of California
On this \ STH day of wcuB& ! in the year I470 , before
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me, STUART C, WILSON, a No y Public in and for said State,
personally appeared Mayor of the City of Caris n vA(N E known to me to be , Call&ornia, and k;own to me to be the
person who executed the within instrument-on behalf of 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. ?,,"' ,,,,,1,,, $ ,111111,,,,1,,,,1,111 ,I, 11,,1111,11111 lll~llllll.llllll~l~lllllllllll.l l.llllllllllllllllll ,I ,/, ,,l,,,l ,,,,a illllllllll18
STUART C. WILSON
NOTARY PUBLIC CALIFORNIA
PRINCIP.?L OFFICE IN Signature i 1 SAN UltGO COUNTY I ,,,, , ,,,,,,,.,,,,,,,, 1,1,,,,,,,,,,,,, 1,1,1,,11 ,,,,,1,,1,1 I,,, ,,,,,,,,,, 1111111111111/11~.11li~1 II 1,t1 lllli8. 1,1~~~1111~1111(11.11~. II .1.111
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On before me, the undersigned, a Notary
Public in and for said State, personally appeared
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
known to me to be
person/s whose name/s is/are subscribed to tie within instrument
the
and acknowledged that he/she/they executed the same.
WITNESS my hand and official seal.
Signature
Name (Typed or Printed)
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Mr. GvJti)’ 3,. .
TCLEdONRD . . . . 0 tL%ASgCALL . . . . . u
CALL@ TO SEC YOU . [3 WlLLCALLlBAtW . . . !J
WANTS TO SEC YOU . 0 RlttU~N6DYOUR CALL . 0
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STATE OF CALIFORNIA
COUNTY OF. &+ 1.3 0 D ‘0 SS.
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rsigned, a Notary /Public in and for said State, personally appeared
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b/Ye. of the partners of the partnership
k that executed the within instrument, and acknowledged to me - a that such partnership executed the same.
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OFFICIAL SEAL
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MARGARET E. ADAMS ~i~f$$@ Ki ! ,i i ,‘;LLIC - CALlbOHNIA
” c’ i. rrtiNi:ll~AL OiiWE IN Sr”,N GitGO COUNTY
MY COMMISSION EXPIRES FEBRUARY 15. 1574 ~lprr..-./.s”~.u +.*&CYWWI I
(This wea far dlki~l notarid seal1
LEGAL DESCRIPTION
Parcel Split No, 111 32.. “,f- . a-”
That portion of Tract 232 of THUM LANDS, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof
No. 1681, filed in the office of the County Recorder of San Diego
County, December 9, 1915, described as follows:
Beginning at a point in the center line of Chinquapin Avenue which
is distant 728.66 feet South 61O20'20" west from a concrete monument
at the point of intersection of the center line of Jefferson Street
and the center line of Chinquapin Avenue; thence North 28O39'40"
West, 229.97 feet to the most Easterly corner of the land conveyed
to J. 0. Taylor and Doris Taylor by deed recorded in Book 631, page
248 of Official Records: thence South 61O20'20" West along the
Southeasterly line of land conveyed to Taylor, a distance of 205.44
feet to the most Southerly corner of said Taylor's land; thence South
38OO6'34" East, 233.13 feet to a point in the center line of Chin-
quapin Avenue; thence North 61O20'20" East along the center line of
said Chinquapin Avenue, 167.17 feet to the POINT OF BEGINNING.
EXHIBIT "A" E. Brian Smith Engineers
11-19-70