HomeMy WebLinkAboutSP 101; Harrison Lagoon; 73-237095; Future Improvement Agreement/Release*, . ,. . ‘“.. *
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8 ADDRESS: 333 Plaza St. Suite 200, San Dieqo, CA 92101
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18 1. CITY hereby approves the Specific Plan 101 (CC Res. #3118)
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO !w7
CITY OF CARLSBAD 1200 Elm Avenue
Carlsbad, California 92008 Do?:mentary Transfer Tax$ NIL
- Computed on Full Value of Propertl 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. . - neh-S;L CIIY I)F CARI-SRCln Firm Name
FUTURE IMPROVEMENT AGREEMENT
of
OWNER: Harrison Lagoon, a limited partnership
DATED: /97a /
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
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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. ( Assessor's parcel no's? 206-120-a & 23)
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
and specifications, approved by CITY, for the construction
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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 perfora
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:
STATE OF CALIFORNIA )ss
COUNTY OF SAN DIEGO ) l
d- On this "4 day of
before me, /"+rd.At-&t-E the State, perknally appeared
r- , in the year -1 Public in and for , 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
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said public corporation, agency or political subdivision, and
acknowledged to me that such City of Carlsbad, California executed
the same.
hand and official seal.
OWNER
OWNER
STATE OF CALIFORNIA )ss
COUNTY OF SAN DIEGO ) l
On X44 I%.\913 , before me, the undersigned, a Notary A / Public in and for said State; personally appearedr'
AGKE6szL'+ -piwa..~.oF -Gecl mbrJc ~,LfiE.a=c~
&&-ti 6 &p&s& L~&cM~, known to me to bedthe person/??
whose name/ p/ is/are subscribed to the within instrument and
WITNESS my hand and official seal.
I Signature
er \
b w\ a~Lz!bl~P~Y~ Name "(Tyys'dr Name (Typed'or Printed) Printed) '
NOTARY PUBLIC . CALIFQRNIA
PRINCIPAL OFFICE IN
SAN DlEGfI COUNTY
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Approved as to form:
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._ -6 ? - - PS #208
. . ,iIarrison St. .'
That portion of Tract 238 of Thutm Lands, in the City of Carlsbad, County of San Diego, State of CaliforoFn, according to Z&p thereof xo. 1681,
filed in the of-Fice of the Ccurtty Recorder of Salz Diego County, ~ece&er
9, 1915, described as follows:
Be&ricing at the intersection of the center 1Lne of Chinquapin hvenue'wlth 812 the center line of Adams Street, as shovn OR said Xap; thence along the center line of said Chinquapin Avenue, SouZh 61"21'00" Vest, 557.98 feet; '_ '..
thence South 28"39'00" East, 259.00 feet to the TRUE POINT OF BEGLhWiMG .'-]-...
: of the property herein described; thence South 61"21'00" Vest, 195.00 feet, 1.
more or less, to the Easterly boundary of that parcel of land' described in i I-..'
deed to the State of California, 'recorded October 1, I.951 as Docusent No.. '. .i iI:&.
: .k - 119735 in Book 4250, Page 38 of Official Records; thence along said boundary .; ;
-:'. South 28"04'03" East% 250.00 feet, more or less, to the Southeasterly <. ~ _-
.'-.:- '.line of the land described in deed to Frederick W. Sormner, et-ux, recorded . . .:.:
. . thence along said Southeasterly -:.I. ; .in Book 1980, Page 80 of Official-Records; 'y.'. '. lfne North 61"21'00" East, 195.00 feet, more or less, to the Southeasterly ..:.;;;. : I,: corner of said Sommer's land; thence North 28"39'-00" West, a distance of . i .! ;.r ..- . . - ..I ~_
- _' 250.00 feet, more or less, ". to the TRUE POUT OF ‘B$GIM?ING. . . ,.: . . - l.~-;:t:m,, -
'. . . .: -. .: : EXCEPTING therefrom that portion of said land conveyed by deed to the . . . . _'., -. : State of California, recorded November 18, 1966 ati File NO. 182335,'des-. .- .- :; '., 1
,cribed as follows:' _ : ., _.
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'/ That portion of Tract 238 of ThumLando, according to Xap thereof l&.-1681, -::y ..:
i filed in the office of the County Recorder of San Diego County, December 9, :._::
1915, described in the deed to Marion J. Jensen, a married woman, recorded ' ..
September 17, 1956 in Book 6259 at Page 31 in the office of the County ':* '. -. '-Recorder of San Diego County, lying Westerly of the following described . line: = . . . ,: .: .
Beginning at a point on the course described as South'72"57'48'*.lu'est, 50.00
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. feet in the deed to the State of California, recorded November 27,.1951 '-
-. in Book 4302, Page .239, San Diego County Official Records, said point bears ~'~.~I-~r- _ _ South 73"33'06" West, 25.00 feet f ram the .Easterly termin's of said course; ‘- --. ,.
thence (1) North 18"17'05" West, 375.17 feet; thence (2) North 15"23'41" - :.-A _: ;. . _I .West, 44.24 feet; thence (3) North 21"24'23" West; 1131.23 feet to a point .'
on the course described as South 32"27'32" East, 304.84 feet in thedeed .- '.
i'yped .. ;;- : to the State of California, recorded November 9, 1951 in Book 4287, Page :‘
J-17-72 :. . 97, San Diego County Official Records, last said point bears North 11°52t12'f ..:
3-489526 .. .-,.West, 98.13 feet from the Southerly terminus of last said course. z .' .._
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Exhibit "A" . ---_ _ .,yr. .--. _ .._. ___ . .._ __._ __.~ _ ._ I
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‘. SP-101 PS #208 Harrison St.
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Grading and paving of adjacent public right of way
to its centerline except that portion improved to
City Standards.
Construction of P.C.C. curb, gutter and sidewalk
abutting all street frontages of property.
Planting of street trees or deposit of monies with
the City to plant said trees.
Installation of street lights and payment of 18-month
energy charges as required by City Engineer.
All construction shall conform to City standards at time the
work is done.
ixhibit "B"
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73437(&j _
FtLEIPAGENG, WOK 1973
yJiirJi%~:~y ClERE
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OFFICIAL tiECORDS SAtt DlEGOCOUNTY.CALtF. HARLEYF.BLOOW RECORDER
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NO FEE