HomeMy WebLinkAboutPD 81; Carlsbad Beach Club; 74-152822; Future Improvement Agreement/Release. I . f -5
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RECORD I NG REQUESTED. 37 AND
l!;-!EN RECORDED MAIL TO
CITY Of-‘ CARLSEAD
1 200 Elm Avenue
Carlsbad, Cal ifornia 92(.?08
MAIL TAX BILL TO
Owner Names on L i ne 9 a t
Address Named on L. i n-3 1 G I_--- of Aqent Determjninq Tax
FUTURE IMPROVEMENT AGREEMENT
OWNER: Carlsbad Beach Club, c/o Robert J. Klitgaard _---
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ADDRESS: 1635 First National Bank Building, San Diego, CA 92101 -
DATED : &-;rc&&- /2-* I a 7y
PARTIES: The parties to thi s agreement are the City of Carlsbad,
a municipal corporation of the State of California,
referred to as CITY; and the person or persons ment
of Page 1 hereof, hereinafter referred to as OWNER,
to number or gender.
COVENANTS-: It is mutually ag ,eed by the part ies hereto as fol lows:
1 . C ITY hereby approves the d evelopment on lots 23 thru 29 inclu-
sive, Blk A, Hayes Land Co., Map No. 2 of Map No. 1221 assessor's parcel no. 203-140-m
on that certain real property, war-ranted by OWNER to be
who1 ly 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
I a. part hereof.
2. C ITY does hereby temporari 1 y waive the requ i rement that OlWNER
insta?l those certain pub1 ic
6, attached hereto and by th
\
herein.
3 J. Upon written demand therefor
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the address mentioned on Line 1G of Page I hereof, OWNER shall
forttiwi th, at OWNER’s sole cost and expense, prepare ;3ie.:>
and specifications, approved by CITY, f0 r t he C 0 il S t r !_I C t i ‘;3 n *
FlLE,‘PLGE 30 744512822 :
BOOK i$M f 1
I
OFFl,CIiAL A'riT?MdN SAN DliE:@OCQUl#~~sW&h~.. H4&bJEVF..$IC~ R%(EWRDCR NO FEE
Docunxnta ry Trai)s fer I ZY, $ NIL
- CompJteCI -.-. .-.___-_- on F:;f 1 Value of
Property Cmlveyed
- Or Computed on Ful 1 Value Less -- L i ens a nd E ncumb ra rices Re!ma i n-
ing at Time of Sale.
City of Car&bad
Signature of Declarant F i t-m Name
of
hereinafter
ioned on Line .5
without reia rd
impro\/ements 1 isted on Exllibit
s reference i ncorpot-ated
by CITY, addressed to O:J!JER at
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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.
6.
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
of said public improvements in the street frontage of said
property, and shall then.?orthwith 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.
shall create an equitable servitude upon said real property.
CITY OF CARLSBAD, A Munic"lpa1
Corporation of the State of Ca1iforni.a
By: ~i)T?,j&& /' . Mayor /
STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) l
On this I in the year /57@ I
before me, vi@{7 LJ~ a Notary Public in and for
the State, person$ily appearedeer (3. f&+;1>~
to be Mayor of the City of Carlsbad, California:
, known to me
and known to me
to be the person who executed the within instrument on behalf of
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said public corporation, agency or political subdivision, and.
acknowledged to me that such City of Carlsbad, California executed
the same.
WITNESS my hand and official seal.
Signature L-i-c tiL?+AL~-
EAR
By
OWNER
OWNER
OWNER
STATE OF CALIFORNIA )ss
COUNTY OF SAN DIEGO ) -
On May14, 1974 , before me, the undersigned, a Notary
Public in and for said State; personally appeared
R. J. Klitgaard
., known to me to be the person/s whose name/s is/are subscribed to the within instrument and
WITNESS my hand and official seal.
, Signature &m/,,/d l+ich+?& &',L!f-G[t&l,fl i:;:;$;,:!P,'L (jr;.,c:: ]N CHARLENE A. ROBINSON SAIJ C> FZd sQ>r<iy
Name (Typed or Printed) My Commission ExFiiJ; :::‘a:~-!;
Approved as to form:
-3-
STATE OF CALIFORNIA
COUNTY OF- SAN DIEGO SS.
On May 14, 1974
before me, the undersigned, a Notary Public in and for said County
and State personal1 ap eared It. J. kLfTGAARD
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.
Signature
CHARLENE A. ROBINSON
Name (Typed or Printed)
Notary Public in and for said County and State
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
Charlone A. Robinson
NOTARY FLiliLlC CPLli-ORMIA
PRIN,ii’G,L Oii ICE IN
SAN SiEGO COIJINTY
My Commission Expires March 7. 1977
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Lots 23, 24, 25, 26, 27, 28, 29, in Block "A" of Hayes Land
Company Addition to Carlsbad, Map No. 2, in the City of Carlsbad,
County of San Diego, State of California, according to Map
thereof No. 1221, filed in the Office of the County Recorder
of San Diego County, November 4, 1909.
Exhibit "A"
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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 o-f 18-month energy charges as required by City Engineer.
5. Owner shall participate in a future sewer assessment district serving the local area (the area limits and timing of project to be determined by the City Engineer on the existing capacity of the sewers and future develop- ment requirements).
All construction shall conform to City standards at time the work is done.
Exhibit "B"