HomeMy WebLinkAboutV 237; M & N Properties; 74-095674; Future Improvement Agreement/Release1
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RECORDING REQUESTED BY AND
-WHEN RECORDED MAIL TO '781 '
CITY OF CARLSBAD l-200 Elm Avenue
Carlsbad, California 92008 Documentary Transfer Tax$ d/L - -Computed on Full Value of Property 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
City of Carlsba Firm.Name
FUTURE IMPROVEMENT AGREEMENT
of
OFTNER: M .& N Properties, a general partnership
ADDRESS: 2136 Avenida de la Playa, La Jolla, CA 92037
DATED: .q - (< - L'C'. . .
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 Variance No. 237, s/e corner of
Pio Pica and Palm, assessor's parcel no. 205-191-15 .
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 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 PaQe 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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.*- I. ‘<. ..1 , /. .:. Ih,&x :.‘,J-> i , 5, CC.+*- _ -..*. I. .Ia’” ._. .‘“i+“,%;’ ,yzqy r-r,~i;~.;..~“6~~-. .: s’;‘j: ,,,, _ go ‘$
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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.
4. In the event title to said property or a part thereof.is sold,
the herein stated obligation shall automatically also become
the oblcgation 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 perforrc
OWNER's said obligations .and OWNER shall upon written demand
6.
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&f c A--
Mayor 4"
STATE OF CALIFORNIA )ss
COUNTY OF SAN DIEGO ) l .
On this ,/fi* day of
before me, vtc(2j&~fi M*A iZt2; ZZ;i~?~<n,i :Ar
the State, personally appeared , 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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“783
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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
k Virginia .?A. S&h B .
i
M & N PROPERTIES a general partnership
OWNER
eneral Partner
General Partner
STATE OF CAL,IFORNIA )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 personls
whose name/s-is/are subscribed to the within instrument and I
WITNESS my hand and official seal.
Signature
Name (Typed or‘printed)
.
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Partnership Acknowledgment
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO SS.
On March 12 I 1974 before me, the undersigned, a Notary Public in and
for said County and State, personally appeared
E. C. MALONE and THOMAS H. NIELSEN
known to me to be&- of the partners of the partnership that executed the within instrument, and
acknowledged to me that such partnership executed the same.
WITNESS my hand and official seal.
Linda See
Notary Public in and for said County and State.
OFI ICIAL SEAL LiMDA SEE
NOTARY I’IJBLIC CALIFORNIA
PRIN~IPI~L OiFtCE IN
SAN DIEGO COUNTY I I My Commission Expires January 3. 1977
‘ ’
Legal description for lot subject to City of Carlsbad Variance No. 237:
Parcel "A" of Parcel Map No. 715 filed January 20, 1972 in the Office of the County Recorder; said Parcel Map being a survey of a portion of Lot 12, Block "B" of the Resubdivision of ALLES AVOCADO ACRES, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 2027, filed in the Office of the County Recorder of San Diego County, May 17, 1927.
Exhibit "A"
Lot9
BLOCK C .
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., I ,.54*Jp& PALM i AVENUE ’
/c&65’ h
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/7, 625 SQ. a’?
I Lot 12 zg; -
/I 98.97 ’ I
G t, .Q .S a- d
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‘a 3 D‘ $
--_ 20’
Lot II . Lot I3 . .
.: .- , 1.’ . . , “* ;‘. I
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I 5’
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$ L
3
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$
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Scale I”= 50’
.5'sewer easement for construction
ap maintenance aver the Northerly
5 of Shot properfy described in deed
fo William C. 6aldwin, etux recorded
claim deed recorded March 20,196Z
in Fl’le No. 37416. .
Lot I4
k R0-d s 67‘k>/
b LOS Line
.
r# rth curb
Za#O’ N 64-30’28”E ’
IOwN ARF ON THE CALIFORNIA COORDINATE SYSTEM. ZONE 6. ' ,
AT THE CALIFORNIA DIVISION OF HIGHWAYS OFFICE. SAN DIEGO. *
% . . *
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3,
r 786
Grading and paving of adjacent public right of
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,
NO FEE ,
Planting of street trees or deposit of monies with .
the City to plant said trees.
Installation of street li'ghts 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.
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Exhibit "B"
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