HomeMy WebLinkAboutCT 84-28; Therrien, Patrick; 1992-0123570; Payment of Fees for Undergrounding Utilities. . x.
.; l ,
- t
803
RECORDING REQUESTED BY AND ) ,‘;c iI 1992-0123570 WHEN RECORDED MAIL TO: 1 05--l"lAR-1992 02336 F'il
Ci+V CLPfk CITY OF CARLSBAD OFFICIAL RECORDS 1200 Carlsbad Village Drive ) SAN DIEGO COUNTY RECORDER’S OFFICE Carlsbad, California 92008 ) ANNETTE EU;N;; COUN~~E~ECORDER : : 23. oc
Space above thisH$ne f &OkecorderIs use ilF: 1.00 Parcel Nos. 205-130-67
AGREEMENT TO PAY FEES FOR UNDERGROUNDING &J,JJ'$ILITIES
+- day of _
is 1536
608 and TRE CITY OF CARLSBAD,
> 0 whose &tdr&&“,is 1200
Carlsbad, California) " AkSSETH: : "a( ,' F,.'\,, _i : ; 1,~ ;~
"as llPrupertyll; and
,),
elopment project as
splitting two existing lots into three lots within a minimum
1600 sq. ft. each on said Property, which Development carries
the proposed name of MS 798 and is hereinafter referred to as
nDevelopmentll; and
WHEREAS, Developer filed on the 17 day of February, 1989,
with the City as a request for a tentative map hereinafter
referred to as "lRequest.tf
AGREMENTS/AG-1 1 REV 5/a/90
f-W?-TM
,- : 8f’- NOW, THEREFORE, in consideration of the recitals and the
covenants contained herein, the parties agree as follows:
1. That the foregoing recitals are true and correct.
2. The Developer shall pay to the City a fee for
undergrounding existing overhead utilities along the boundary
II of his property as required by a condition of approval of his
requests. This under
ever occurs l'kst. )_, ,hah~~~yr';i;;~~~~~,:.his. ,$-Pghi., to chg.gs&nge said
'_ "
)_, ,hah~~~yr’;i;;~~~~~,:.his. ,$-Pghi., to chg.gs&nge said
rgrounc3ing Sees paid ,)
$I&& for the
&& #,& Of Carlsbad
& e$&&~ to provide
Unds from the payment of
ity agrees to issue
~ building and other development permits pursuant to the
II provisions of the Carlsbad Municipal Code Title 18, 20 and 21
to the extent such permit comply with applicable provisions of
law.
7. In the event that the payment required by this
agreement is not made when due, the City may pursue any
remedy, legal or equitable (including those specifically
referred to herein), against the Developer and the Developer's
M?EBEIITS/Al+l 2 REV 5/21/5Q
. . . ,- -805
successors, heirs, assigns and transferees. Without waiving
its rights under the section, City, upon request of Developer,
may allow additional time to pay the undergrounding fee.
8. In addition to the other remedies available to the
City, it is hereby agreed that if Developer does not pay the
undergrounding fees specified by this agreement the City may
revoke the building per&+fe~..,the project or may deny or
oj ect or both upon
qy giving , ,(
a& purpose (3 of the :1$011&&g '.'~wners: c ,, ',
:; .: 2
'-&Q &ie City kk the addresr& k&&k &z&h herein,
0: the City for
d and certified.
rsonal delivery
the Same in the United
States Mail, enclosed in a sealed enveloper, addressed to
Developer at the address as indicated in this agreement or at
another place as designated to the City by the Developer in
writing, postage prepaid and certified.
10. The City shall not, nor shall any officer, employee
of the City, be liable or responsible for any loss or damage
happening or occurring to Developer's building for the
exercise of any of the remedies provided to the City pursuant
ASREEENTWAG-1 3 REV 5/21/90
.
- ‘. *- L
* .
C
- 806 to this agreement, regardless of the nature of the loss or
damage.
11. This agreement and the covenants contained herein
shall be binding upon and enure to the benefit of the
successors, heirs, assigns and transferees of Developer and
shall run with the real property and create an equitable
servitude upon the re,a&
When ), ,,:, hpve .Men satisfied
(0 d '.~oii'~'~_cra~ad 'd', ,release, ~City sh
of notice
on the date
///
///
///
///
///
///
///
MZEEEWTWAG-1 4 REV 5/21/90
the
and
.a11
the
Ion-
the
.ces
in
by
to
of
. .
E .
rc-- - 807 mailing regardless of receipt by Developer. Notices required
to be given to Developer shall be addressed as follows:
Patrick E. Therrien 1536 Chestnut Carlsbad, CA 92008
Executed by Subdivider this $6 +- day of /- 19 2%. I
SUBDIVIDER CITY OF CARLSBAD a
( g,: p:‘,j q;;:: ,:;: I -: ;; ; ~,;::'f k ,;“‘;i,'c2':;;,i )( '_ : ,, ii.i -,'rf:' municinal corporation of ,~ .,: "b;, ),Z -, * 3, 38 ,~~,$"[~~~~~~~ i ,Ij'-::.:"'b /::I: .‘ ,, $8 i( ni ,: :I( 18, : ,: 0 ?,( )_,( .,:i' .( z+,tz;.'i:$&e, State of California '~‘, )(, ), (0, (,
ATTEST:". ', /, :, ,:
:;jj$ ,~';CiSlg@% here) ,n ,~;I )- :i (., _! ,~$.~,3 :, i( ;;ej;‘~ :;fS ,s .'-, I( ', ; i: ,_ , ), i, i :c;":! i: ,; <' ,( ,;:;. ('( :I_ ," ,_( ~" .( j(_(i
' (. of ,j&&jutioi"by SUBDIVIDER
ne officer
under corporate seal empowering that officer'~o'~$nd the corporation.)
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR. City Attorney
By: /
/ Deputy Cit!$ Attorney
/I MREEJENTS/AG-1 REV5Rlrn
State of California
Cl-wlty of SAN DIEGO
City of Carlsbad Agreement to Pz
808 Fees for Undergrounding Existing
Overhead Utilities Dtd 2-20-92
On February 20, 1992 before me, Stacey B. Clark, Notary Public , personally
appeared Patrick E. Therrien*******k************“” I personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that hefshelthq executed the same in his/her/their authorized capacity(ies), and
that by hislherftheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted. executed the instrument.
STACEY 8. CLARK
Notary P&k - Cabfom~a SAN bEG0 COUNTY
Y Camm. Eao. AUB 22.19BS
- 809
L 4-a -
I JWHIBIT "A"
LEGAL DESCRIPTION
LOT 1 OF CARLSBAD TRACT NO. 84-28, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO STATE OF CALIFORNIA, ACCORDING TO MAPa THEREOF NO. 12050, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 22, 1988.
.
AGREEEYTS/AG-1 6 REV 5/21/90