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Home My WebLink AboutCUP 60; Pollard, Mitchell and Elsa; 260489; Future Improvement Agreement/Releasec ‘I - -.- _ I 3 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 ,22 23 24 26 -27 28 i I \I II !; /I j( i I i I .i I 29 30 31 32 and specifications, approved by CITY, for the construction /-... . . _- .._. - I _* . .-..A . G .- RECORDING REQUESTED BY AND /' G WHEN RECORDED FLAIL TO .-+ CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 Documentary Transfer Tax $ - MIL TAX BILL TO * Computed on Full Value of Property 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 OWNER: Mitchell L. Pollard and &a Pollard, as joint tenants ADDRESS: 7250 Ponto Drive, Carlsbad, Gali$urnia 92008 DATED: ' 11 1 -&L;" I - 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 Conditional Use Permit to allow an animal kennel and associated superyisory buildings as Per. 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 OXTNER . 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 OWPU'ER at the address mentioned on Line 8 of Page 1 hereof, OWNER shall forthwith, at OWNER's sole cost and expense, prepare plans -l- O- 71-Q . -, ‘, E s IC 11 12 13 14 15 16 17 18 6. This agreement shall be binding upon and inure to the benefit 19 of the heirs, successors, assigns, and successors in interest 20 21 22 23 24 4l 25 26 -27 28 29 30 31 32 -Q + 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. 4. 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. 5. In the event OWNER fails to act as required in paragraph 3 above, after written demand therefor by CITY, CITY may perforn .DWNER'.s said obligations and OWNER shall.upon written demand therefor, reimburse to CITY its costs therefor. . _. 1 C 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 ,y , '- . . '_,.. STATE OF CALIFORNIA jss ?A“. * r COUNTY OF SAN DIEGO ) l . , I., ,’ . before me the State, 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- - : __ ’ s . p . . ‘ t ?‘ l f 12 13 15 16 17 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. - I .~~~~ OWCIAL SEAL MARGARET E. ADAMS IF, :r ikll!rKf Puti~!C - CALIhhtNIA p,,:-,:: _ PhiiC~iFhL Off!;;6 Iif Si\>l lJliG3 COUNl’Y IY COMMSION EXI'IRES FEBRUARY 15, 1974 I OWNER OWNER STATE OF CALIFORNIA )ss CDUNTY OF SAN DIEGO ) l , before me, the undersigned, e; personally appeared known to me to be the person/s whose name/s is/are subscribed to the within instrument a= ___i WITNESS my hand and official seal. dame (Typed or Printed) 4787 44tb c! : ,+!L ? 92115 . -3- I . .._. 1. p” - : . . FUTURE IMPROVEMENT AGREEMENT MITCHELL L. POLLARD LEGAL DESCRIPTION . , A17 that Portion of-the South two-thirds of Lot 4 (Southeast Quarter of the Southeast Quarter) of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Dieqo, State crf California, according to the United States Government'Sur$ey apDrovedt October 25, 1875;described as follows: Beginning at the intersection of the South line..of said Section 29, with the Westerly line of the abandoned portion of the Atchinson, Topeka and Santa Fe Railways Comoany's (formerly the California Railway Company) right of way across the South two-thirds of said lnt 4, said point being distant along said Southerly line North 89"49'00" IAlest 209.69 feet from the Southeast corner of said Section _' 29; thence along the Westerly line of said abandoned railroad right of way, North 04"40'18" Nest to the Northerly line of said South tw.o- thirds of Lot 4, being the South line of land conveyed to Herbert 3. Estes by Deed recorded December 3, 1936, in Book 600, Page 65 of Official Records; thence along said Rortherly line, North 89'40'18" Nest 264.46 feet to the Northeast corner of land conveyed to Howard F. Barton, et ux, by Deed recorded Aoril 25, 1951, as Document !!o. 53197, in Book 4072, Page 451 of Official Records; thence along the Northeasterly line of said Barton land, South 19"50'00" East 212.25 feet to the TRUE POINT OF BEGINNING; thence continuing along said Northeasterly line and the Southeasterly prolongation thereof, being also the Northeasterly line of "Exception Parcels"A", "B", and "C", as described in Deed to A. S. Burns and Audie E. Burns, husband and wife, recorded January 31, 1951, in Book 3956, Page 5 of Official Records, South 19"50'00" East 546.44 feet to the Southeast corner of said Exception Parcel "A"; thence along a straight line connecting said Southeast corner with a point in the South line of said Section 29, distant thereon South 89"49'Or)" !'!est 16.28 feet from the point of beginning, South 15"17'00" East 42.30 feet to a line which is parallel with and .distant 60.00 feet \!esterly, measured at right angles from the aforementioned Westerly line of said abandoned railroad right of way; thence along said narallel line North 04"40'18" West 570..'01 feet to a line which bears South 89'40'18" East from the TRUE POIE!T OF BEGINNING; thence along said line North 89"41'18" West 148.50 feet to the TRUE POINT OF BEGINNING. Exhibit "A" , , - c 4 . - . . a 1 l . t.. . : 1. Construct full subdivision improvements as required by City Ordinance and the City Engineer for that one-half street fronting on the subject property. 2. Participate in construction of water main with fire hydrants, as required by the City Engineer. 3. Participate in the installation of sewers to serve the area, . . in accordance with the Master Plan, as required by the City Engineer. .A11 construction shall conform to City standards at time of the work is done. . . , . Exhibit "B" 0 I *... -..._ * Q..,. -a.. I I.‘- 4.. ‘a’ ,‘( ‘.-a . ...* ‘i . c I -... -. 7 i I I I 1 2oy I i” /v 7Q*/i’& s Y. 7o”/o ‘E. SO I-’ 0 27 IA6 : J IdS.95 , I4 5.74 : ,..-s-e-..*-- i Ir N. 70~/0~E. f43.25 250 1.” i 140.42 ci Y ,* tJ! / f / > ; hf / 90 .I .Y .Y / F I 5 . a .z 20 n ..&---- m ‘i n ! n 2 9 2 E - --. P -3 0 12 I- ;2; IQ mo L vp/ -; 3 e I / +z JL L- ------ -5 0 i 3 - I a :\ 4 ‘0 I,% ;: 0 2 1 -----c -y.d, 2 $ ------a *--c r z- a$ ‘01 g . 1_L-,----- I : f I p”----. i 3 +--“------- 30 I- . i I- ~:&w4&3 FILE/PAGE NJ. BOOK 1971 Gxl:::-::~~;~:~ Nolr 9 2 12 PM ‘71 OFFICIAL RECORDS SANDIEGOCOUNTY,C~Lff~" HARLEYP,BLOOlf WCORDER .I , .,I< . I ‘.( ._ . (i’ < w