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HomeMy WebLinkAboutCT 72-12; Grove Apartments Investment Co; 73-181077; Future Improvement Agreement/ReleaseL 3 ? 4 F . e 9 e 9 1C II 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 -27 28 29 30 31 32 + 351 . . 9 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF CARLSBAD l-200 Elm Avenue CarlsbcZ- California 92008 Docu;i:entary Transfer Tax$ [\I((_ -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 of Sale. FUTURE IMPROVEMENT AGREEMENT of PARTIES: The partiesjto 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 Carlsbad Tract # 72-12 (Parcel Split #lgl) Assessor's Parcel #s 167-250-18.167-250-2 on that certain real property, warranted by OWNER to be wholly owned by him, described on Exh?ibit 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 ,.~'. forthwith, at OWNER's sole cost and expense, prepare plans .'i and specifications, approved by CITY, for the construction -l- 0 732 I 352 I l( 1: 1: l? 14 1: 1t 15 u 15 2c 21 22 22 24 25 26 .27 28 29 30 31 32 4. 5. 6. . 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 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. f the State of California STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) l ‘... On this day of& ,"i$'the year /j773 , ___ -__- - Public in and for , known to me known to me to be-the person who executed the within instrument on behalf of -2- ‘, r., . , . 1 . ,’ I ‘, r 1 ‘ ! l( 13 1. 2 3 4 5 6 7 8 3 1 L 2 5 L 5 5 r 3 1: . I‘ 1: . 12 1 If l( 17 1E 15 2c 21 2% 23 z . ’ . 24 25 26 28 29 30 31 32 353 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. OWNER STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) - 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: ‘incent F. BiondopCity Attorney -3- TO 442 c (Partnership) ,? 0 TI L $ known to me z to be - of the partners of the partnership 2 that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature u PRlNClPAL OFFICE iN P-id/z J! pa/1/?--EC o&bfo LO5 ANGELES COU’iTy Name (Typed or Printed) (This area for ofltcial notarial seal) STATE OF CALIFORNIA COUNTY OF-- San Diego SS. Ott plav 3. 1973 -1 hefore me, the undersigned, a Notary Public in and for said Count) and State, personally a eared Robert L. ffombotis ~- 0 + S "%%zT" FOR NOTARY SEAL OR STAMP known to me to be one of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Name (Typed or Printedf Notary Public in and for said County and State - I OFFICIAL SEAL --II PAMELA A. JONES 1 1 NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN SAN DlEGO COUNTY I I 1 MY COMMISSION EXPIRES MARCH 15, 19761 -------I . .I . . < : -_ :. :t!ss PS #1g1 That portion of Section 32, Township 11 South, Range 4 West, San Bernardino Base and Meridian in the City of Carlsbad, County of San Diego, State of California described as follows: Pa rce 1 “A: of Parcel Map No. /68’/ recorded in the office of County Recorder San Diego County on ./oh-~ 2 ? , 1973. I EXHIBIT “A” .. . . . , . ., * _ _. .* 3s PS #191 1. 2. 3. That median curb and gutter and the final lane of paving be installed on the half of El Camino Real bordering the tract. A median break including left turn pockets be installed on El Camino Real opposite Hosp Way. A three leg fully actuated traffic signal be installed at El Camino Real and Hosp Way at such time as the City Engineer determines the signal is required. All construction shall conform to City standards at the time the work is done. Exhibit "B" VW - -- -- - v -- - - ** . . , , c’ ,,- I “‘.f IN THE Cl-i-Y OF CARLSBAD , CGLiNTY OF 357 . ., SAN DlEGC , STATE OF CALtFORtv...+ Z!'b .? iJ!VICiCN r?i A POWlbi CF SSCi!M 32, 10WsfrP It Soul/i, RAFlcE 4 WEST, SW BZib~2iiili~O WE ANi MERIDIAN. \ . . PS . . l ‘, ,-. T J -’ i, , Kzuhlo PER. R. S. 831014 ‘35% L=;_ / /-- g.:gfgp* ’ 219.99’ * . (#TlClAl- KECORDS SAN fjlE6tt COUNTY--IF. ’ / HARLEY F.EkOOM RECOROER ATTACl-Ml’ilj .A .