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HomeMy WebLinkAboutCT 73-30; Casa de la Playa; 73-344768; Future Improvement Agreement/Release1274 * * * . . ,- L . ' . [j / 3 ,- iJ, -!I 3 RXPDI~~R;;UESES;DT;Y AND I I L ;' C1T.Y OF CARLSBAD I j 1200 Elm Avenue I 1, Carlsbad, California 92008 Documentary Transfer Tax$ *& 111 MAIL TAX BILL TO Computed on Full Value of Property Conveyed, ;I 2ij Owner N amed on Line 7 at Or Computed on Full Value Less Liens j' Address Named on Line g and Encumbrances Remaining at Time /& of Sale. q L%-zdbz~~ i 6.t fiJ dv= fc&TL5Ati) 41 Firm Name i I FUTURE IMPROVEMENT AGREEMENT of Casa'de la Plava, a limited partnership 256 Juniper St. Carlsbad, CA 92008 December 4, 1973 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIES: The partieslto this agreement are the City of.Carlsbad, Ii ii /I il /I 11 I !I ,! :! t! li ‘I I 11 II li 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: CITY hereby approves the C.T 7+?n (Juniper Street) 1. assessor’s oarcel no. 3.04 -. - 240 21 / on that certain real property, warranted by OWNER to be wholly owned by him, described on Exhibit A, attached hereto I and by this reference incorporated herein. Also shown for convenience sake on Attachment A, attached hereto and made a part hereof. 2. 26 Ij I .27 1: 28 /I II II 32 j; ,I I! i/ ‘I 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 incorpqrated herein. I Upon written demand therefor by,CITY, addressed to OWNER at j the address mentioned on Line 8 of Page 1 hereof, OWNER shall i forthwith, at OWNER's sole cost and expense, prepare plans , / and specifications, approved by CITY, for the construction i -l- . .‘, - . . 1 1 1, 1: 14 I! lt 1' II l! 2( 21 2; 2: 24 25 26 .27 28 29 30 33, 32 1 2 3 4 5 6 7 8 9 0 1 2 3 b/ 5 j( 5' 7 3 3 I ! > .a j/l ’ Ii i I’ , i j , 1 /I I I/ 6. 1275 - "' . of said public improvements in theestreet 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 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. CITY OF CARLSBAD, A Municipal Corporation of the State of California By: Mayor STATE OF CALIFORNIA jss COUNTY OF SAN DIEGO ) l On this yr day of ,&Ce)nbeh , in the year /yT 3 , before me, /\yhpd:~k- , a Notary Public in and for the State, personally appeared /3At//u/N I tiMlvp2. , known to me to be Mayor of the City of Carlsbad, Calikornia, and known to me tb be the person who executed the witliin instrument on behalf of -2- l .- .,i ,* 1276 . . . t I . 9 z said public corporation, agency or political subdivision, and acknowledged to me that such City of Carlsbad, California executed 21 the same. 3 4 5 6 711 .8 WITNESS my hand and official seal. Signatur I OWNER 9 I 10 11 12 13 14 15 16 s 17 18 19 20 i ‘ 21 22 7 i . 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 23 24 Name (Typed or Printed) 25 26'1 Approved as to form: -27 28 ’ 29 30 31. 32 -3- . i j . STATE OF CALIFORNIA . COUNTY OF--CO SS. 1971 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Ted T., A&g&s to be&&&< of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Geraldine PI. Derry / Name (Typed or Printed) Notary Public in and for said County and State FOR NOTARY SEAL OR STAMP Geraldine M. Derry NOTARY PUBLIC - CALIFORNIA PRINCIPAL 0FF:Ci IN SAN DIEGO COUNTY . z 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'l8-month energy charges as required by City Engineer. The above applies to the parcel All construction shall conform work is done. . frontage in Juniper Street. to City standards at time the . . , Exhibit "B" .) . . . * , . . ‘ . 1278 Legal Description Lot I in Block "Q" of Palisades No. 2, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1803 filed in the office of the County Recorder of San Diego County, August 25, 1924. Exhibit "A" I< * “l ..~ ” ,... _,,I .,.- ) I-. ‘, 4 I. _’ /. i . :, ;y :,, ! n, .,! Cd 1 :gzD ,’ >’ ‘. :. ;< “~ :, ;o x .: ,i/ ; A., 1,s , ;. ; i. :, / ;, ,,’ ‘(. I, .. ‘\ ‘1, .“,.. .,.. 7 , ! .:, i, ‘, I ,. : : 1 . -. c :, w I ‘0 .’ - ;:.. 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