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HomeMy WebLinkAboutCT 91-01; Galey & Kemmerly Homes Inc; 1992-0780832; Payment of Fees for Undergrounding Utilities:I., . L ’ l - . ! . RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: C;-t- Clerk CIT 2 ; OF CARLSBAD 1 1200 Carlsbad Village Drive ) Carlsbad, California 92008 ) OFFICIAL RECORDS qj}j PIEGG [fi!JHTY l?ECSRDER'S DFFICZ: #J$TTE EVA% : COW' RECTIRDER RF: 9. tlo FEES: 23. ai AF: 13. of! i!F: l.:?O ‘\ Space above this line for Recorder's use hereinafter re and WHEREAS, Developer proposes a development project as follows: 8 unit residential condominium on said Property, which Development carries the proposed name of CT 91-01 Laguna Village and is hereinafter referred to as "Developmentl'; and WHEREAS, Developer filed on the 19 day of February, 1991, with the City as a request for tentative map hereinafter referred to as NOW, THEREFORE, in consideration of the recitals and the Miscell mleaus\ll-lo.fN REV 05/21/91 n covenants contained herein, the parties agree as follows: 1. That the foregoing recitals are true and correct. 2. The Developer shall pay to the City a fee for undergrounding existing overhead utilities along the boundary of his property as required by a condition of approval of his requests. fees, dedicatio be in addition to any the map said paid the when the and 6. Subject to Paragraph 3, the City agrees to issue building and other development permits pursuant to the provisions of the Carlsbad Municipal Code Title 18, 20 and 21 to the extent such permit comply with applicable provisions of law. 7. In the event that the payment required by this agreement is not made when due, the City may pursue any remedy, legal or equitable (including those specifically referred to herein), against the Developer and the Developer's successors, heirs, lliscell meom\ll-lO.fm REV o!i/21/91 .’ . n : I II ‘7u I . 1% . . assigns and transferees. Without waiving its rights under the section, City, upon request of Developer, may allow additional time to pay the undergrounding fee. 8. In addition to the other remedies available to the City, it is hereby agreed that if Developer does not pay the undergrounding fe ement the City may revoke the building p@ deny or revoke a cx‘t;h upon 15 days Certificate written n '. or &&ial. '( ': .$orth herein, y for attention thereof to Developer or by depositing 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 Mi8celL aneousv-lO.fm REV o!v21/91 n 7,47 remedies provided to the City pursuant 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 al,-: he real property. 12. shall not create a lien or secur '~f$!ie obligations of this agre fees paid to ‘i ‘,l (i -, (Cl orded therelease: Iliscell enearsv-lO.fln REV 05/21/91 on the date of mailing regardless of receipt by Developer. Notices required to be given to Developer shall be addressed as follows: Galey 61 Kemmerly Homes, Inc. 7720 El Camino Real, Suite 2M Carlsbad, CA 92009 !v day of I . )( ‘( ia!.‘:: : :,:: : ‘ii’.‘&&‘-, CmmBAD municipal Executed by S SUBDIVIDER By: MA] for ‘C$y ‘,: 4br A,. ,, :‘_ _’ -ATTES+: 3, ', +g 3" ‘~ '$1.. * Ji 11 $:I: i ,,_$ CiQ-'Clerk 3" '( ;: i. -3 (2 ^ ssistant secretary sians. the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering thatofficerto bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL w City Attorney By: J Deputy City Attc%ney /I lliscell aears\ll-l0.fN REvo5/21/91 STATE OF CALIFORNIA COUNTY OF . SS. 799 \=lh7 On this z2d day of &z!&$ , in the year 19% NOTAiiY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My Comm. Expires Feb. 12,1994 (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary, respectively, of the Corporation therein named, and acknowledged to me tt>a: the Corporation executed it pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. &l&$&#&k ACKNOWLEDGMENT-Corp --PM & Set -WoIco11s Form 222CA--Rev 11-83 01983 WOLCOTTS. INC (price class 8-2) Notary Public I and for said State. MARCH 17, 1992 1298 EXHIBIT “A” PARCEL 1: ALL OF LOTS 1 THROUGH 6 INCLUSIVE, IN BLOCK 8 OF SUNNY SLOPE TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 486, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 2, 1888. TOGETHER WITH THE EASTERLY HALF OF REECE AVENUE, LYING BETWEEN THE WESTERLY PROLONGATION OF THE SOUTH LINE OF LOT 77 IN SAID BLOCK 8 AND THE WESTERLY PROLONGATION OF THE SOUTH LINE OF LOT 1 IN SAID BLOCK 8 AS VACATED AND CLOSED TO PUBLIC USE. EXCEPTING THEREFROM THE EASTERLY 58.50 FEET. ALSO EXCEPTING FROM SAID LOT 1 THAT PORTION CONVEYED TO THE CITY OF CARLSBAD BY DEED RECORDED MAY 28, 1967 AS FILE NO. 72879, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID EASTERLY HALF OF REECE AVENUE VACATED, 30.00 FEET; THENCE NORTH O”O5’ EAST, 2.03 FEET; THENCE SOUTH 89”57’ EAST, 71.50 FEET; THENCE SOUTH O”O5’ WEST, 2.33 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 1; THENCE WESTERLY ON THE SOUTHERLY LINE OF SAID LINE TO THE POINT OF BEGINNING. PARCEL 2: THE EASTERLY 58.50 FEET OF LOTS 1 TO 6 INCLUSIVE IN BLOCK 8 OF SUNNY SLOPE TRACT OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 486, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 2, 1888. ALSO THE WEST HALF OF THE ALLEY ADJOINING LOTS 1 TO 6 INCLUSIVE IN BLOCK 8, AS SAME WERE CLOSED TO PUBLIC USE, JULY 26, 1943. EXCEPTING FROM SAID LOT 1 AND FROM SAID PORTION OF THE WEST HALF OF THE ALLEY ADJOINING SAID LOT 1, THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 1, A DISTANCE OF 58.50 FEET; THENCE NORTH O”O5’ EAST, 2.33 FEET; THENCE SOUTH 89”57’ EAST, 66.00 FEET; THENCE SOUTH O”O5’ WEST, 2.60 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID WEST HALF OF THE ALLEY ADJOINING, VACATED; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF SAID VACATED ALLEY TO THE POINT OF BEGINNING.