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HomeMy WebLinkAboutCUP 83; Sandru Investment Co; 74-284934; Future Improvement Agreement/ReleaseL . . ’ h. L- .- . . 10 11 12 13 14 15 --. 16 17 18 19 20 21 22 23 24 25 26 .a7 28 29 30 31 32 1634 .e RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF CARLSBAD l-200 Elm Avenue Carlsbad, California 92008 Documentary Transfer Tax$ -0~ - Computed on Full Value of Property MAIL TAX BILL TO Conveyed, O'hlner Named on Line 7 at - Or Computed on Full Value Less Lie - Address Named on Line 8 and Encumbrances Remaining at Time FUTURE IMPROVEKENT AGREEXEKT Sandru Investment LO. Rubel ‘I Belson ‘I II Of II ADDRESS: 3311 Starline Drive, Rolling Hills, CA 90274 DATED: t~c-k&wr 16.f974 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 CUP 83, “North of Pa loma r A i rport Road and East of El Camino Real, Assessor’s Parcel #221-01-O 03 and 22” 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 that OWNER install those certain p&ljc: i~.prcye:fiej-its 1iste.d 0:: Exf?ibi.t 2, a+-~a&ed 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 and specifications, approved by CITY, for the construction Exhibit "A" to ,xesolution t 5 1C 13 1: l? 14 15 16 17 18 19 20 21 \ 22 23 24 25 26 -27 28 29 30 31 32 4. 5. 6. a!ik 1635 of said public improvements I?!439 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 OW??ER 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: Y ' Mayor STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) l On this 18% day of&,&&.+, , in the year ).?a'$ , before me, Notary Public ih and for the State, @. '%a-).- 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 -2- TG449 CA (5-70) (Corporation) STATE OF CALIFORNIA COUNTY OF[ TITI I= INSURANCE A’ ‘RUST Ana... COMPANY “t On Oct. 1, 1974 before me, the undersigned, a Notary Public in and for said State, personally appeared T,armGrismer --9 k known to me to be the 5 ldsm?x!xxRKM* WMtiecl#ti Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within W i ii 1 I ‘_ t ‘W 6 z Yi 4 Iii 1 Instrument on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant of directors. to its by-laws or a resolution of its board WITNESS my hzd and official seal. Signature ((ij2c.c & d- 3a_CL ev R. Fonfiaine Name (Typea or Printed) (*hi* area for olllcial notarial seal) TO 449 CA (5-73) (Corporation) STATE OF CALIFORNIA > ss. COUNTY OF- nIF.r,o On Oct. 1, 1974 before me, the undersigned, a Notary Public in and for said State, personally appeared Tz~rrv Grismer -1 known to me to be the ===K- l2+Ixxx#wm Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. (c Signature -‘cc & 4 q$+zcTd / Audrey B. Fontaine Name (Typed or Printed) (This area for omcial notarial seal) TO 449 CA (5-73) (Corporation) m TITLE INSURANCE . xw STATE OF CALIFORNIA w. COUNTY OF SAN D JFGO ss' t On Oct. 1. 1974 State, personally appeared before me, the undersigned, a Notary Public in and for said Idrrv Gr_iy -9 k! known to me to be theweK& ; 24smGix=Mxw~ Secretary of the known to me to be the persons who executed the within corporation ‘w that executed the within Instrument, ; Instrument on behalf of the corporation therein named and q kl acknowledged to me that such corporation executed the &thin mstrument pursuant of directors. to its by-laws or a resolution of its board Audrev B. Fontaine Name (Typed or Printed1 TO 449 CA (5-73) (Corporation) STATE OF CALIFORNIA COUNTY OF AL~!>F?E.Y t3. FONTAtNE (This area for official notarial seal) known to me to be the SJrnnwn -of the corporation that executed the within Instrument, known to me to be the persons who executed the within z i Instrument on behalf of the corporation therein named, and 2 acknowledged to me that such corporat instrument pursuant t (This area for omcial notarial asal) , I 1 . . . . . . . . ’ . d* . ’ 1 2 3 4 5 6 7 8 9 10 11 12 13 lir 15 16 17 18 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 han 4 and official seal. Signature%&%-S;, . 1 LarryfGrismer, Secretary Sandru Investment Co. Belsan Investment Co. * .>* : .: ,-z A.: ..d STATE OF CALIFORNIA )ss 1: a 1 .i- _/ , .: *- '; .-- COUNTY OF j.)' '. * .~ .;: ,,,.'). . . . .'!., ,.,i" \, .,_ I. il '2 On mbsa \ro, \q1+ , before me, the undersigned, a Notary Public'in and for sai State; personally appeared a-. 5. EdA whose name& is/e subscribed to WITNESS hand and of f icial seal known to me to be the person& the within i .nstrument and Approved ai to form: Vincent F. Bi -3- t ii w I !Y 0. 2 ’ 1 -f. On %pb-&ee 10, 1934 before me the undersigned, a Notary Public in and for said State, personally appeared J-. s. p&7~,$ -> known to me to be the PW 1-e of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation e ecute the within instrument pursuant t&&+-laws or 2 rqo b % t+n f its board of directors; WITNESS rn$ t -+ .e ‘.* _ Signature e m TO 443 CA (5-73) (Corporation) STATE OF CALIFORNIA COUNTY OF %J ~ww2cLJo State, personally appeared known to me to be the TO 449 CA b-73) (Corporation) STATE OF CALIFORNIA ss. COUNTY OF TITLE INSURANCE AND TRUST ATICON COMPANY (This area for dfcirl notarial seal) TlTlE INSURANCE AND TRUST ATKOR COMPANY ndersigned, a Notary Public in and orporation that executed the within Ins! for said --t -7 trument. (This arm for otlicial n~b-ial SORB) LEGAL DESCRIPTION FOR C.U.P. 83 P.C. RES. 919, CARLSBAD RACEWAY S l/2 of NW l/4 and SW l/4 of NE l/4 all in Section 18 T. 12 S.R. 3 W., S.B.B.M., being Assessor’s Parcels 2, 3 and 22 of Book 221, Page 010 of the Assessor’s Map of San Diego County. -. l_l---__-_--I__ ._.-. - --_.--_- --.-_ __-. - -___.. - --..-.-.- . . ..-.-- __ - ^ -... .._~..” -.-.. .- ‘^ , -,. - - - .’ . .- as40 CUP 83 1 . A fully actuated traffic signal at the intersection of the main entrance at Palomar Airport Road at such time as the City Engineer deems necessary for traffic safety. All construction shall conform to City standards at time the work is done. Exhibit “B” __~__l_ --- ._.. -- -.._ -.” -_-_ -l-_..“.-. --._-I_--__~-___-_.---_-_-” ._-_-..-. _.--_-- ,.... :I . . _ _,. .:. -. ‘. . :+ .: 8 , .I I: b ::. g & i2.J ‘;a ;. * ii “I * :’ .iY ’ ..‘I* ;.,t -i 1.i *.I : . . . :;.- _ - >I ,- I I- : ., :- ,,-;: - : - _ . . “, ,‘.; . ~-i: . . .-, _ ’ - i. / I( -: _ .‘,“‘_ , ,.; : : -. C”. :- ;*. .,.:: ,: *, ,I _..: :- ‘..:.,‘- .’ . . . : __:-- .~ -., ,. ., .- -. . . 1. ‘. i I r ,I ._ -, I,...: -. :. I ..1’ :- :, ; $ ., ‘. ‘, ;:, “: 1 2 3 4 5 6 7 8 9 1C 13 1.2 21 16th day of October , 1974, by the following vote, to wit: 22 AYES: Councilmen Frazee, Chase, Lewis, McComas and Skotnicki 2: 24 25 26 32 1642 RESOLUTION NO. 3535 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FUTURE IMPROVEMENT AGREEMENT (CUP 83) BETWEEN THE CITY OF CARLSBAD AND SANDRU INVESTMENT COMPANY, RUBEL INVESTMENT COMPANY AND BELSON INVESTMENT COMPANY FOR THE INSTALLATION OF A FULLY ACTUATED TRAFFIC SIGNAL. The City Council of the City.of Carlsbad, California, s does hereby resolve as follows: 1. That that certain future improvement agreement between the City of Carlsbad and Sandru Investment Company, Rubel Invest- ment Company and Belson Investment Company for the installation of a fully actuated traffic signal (CUP 83), generally located north of Palomar Airport Road between Ranch0 Santa Fe Road and El Camino Real, a copy of which is attached hereto marked Exhibit.2 and incorporated herein by reference, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. an ad'ourned PASSED, APPROVED AND ADOPTED at / regu ar meeting of the i City Council of the City of Carlsbad, California, held on the NOES: None ABSENT: None ROBERT C. FRAZEE, Mayor ATTEST: (SEAL) 1 FfLfJPAGf ,74'-w #mR l!nfi II&f5 9 4s AH ‘IJ OFFICIAL RECOROS SANDIECOCOUNTY,CALIF. HARLEYF.BLOOtd RECORDER NO FEE ,.!;,2 .,$ , c@