HomeMy WebLinkAboutMS 851; Sutro Family Trust; 1993-0363097; Payment of Fees for Undergrounding Utilitiesc
RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) City Clerk ) CITY OF CARLSBAD 1 1200 Carlsbad Village Drive ) RF: 13.00 Carlsbad, California 92008 1 flF: 1.00
OFFICIL RECORDS 5" DIEGD COUNTY RECORDER'S OFFICE
RF: 9.00 FEES: 23.00 ANNETTE EUfiHSy COUNTY RECORDER
Space above th
Parcel No. 205-130-07
..
aries of the
lopment project as
follows:
subdividing a 41,399 sq. ft. residential lot into four lots on
said Property, which Development carries the proposed name of
Chestnut Partners and is hereinafter referred to as
91Development1t: and
WHEREAS, Developer filed on the 1st day of April, 1991,
with the City as a request for Minor Subdivision MS 851
hereinafter referred to as "Request. It
NOW, THEREFORE, in consideration of the recitals and the
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S458. -.
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
fees, dedicat ed pursuant to Titles
I the date the
agrees to issue
building and o s pursuant to the
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, assigns and transferees. Without waiving
its rights under the section, City, upon request of Developer,
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1459
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 permit for the project or may deny or
r shall be in
in the United
r, addressed to
Developer at the
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
to this agreement, regardless of the nature of the loss or
damage.
11. This agreement and the covenants contained herein
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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 real property.
12. This agreement shall be recorded but shall not
se, City shall
etween the
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146 1
mailing regardless of receipt by Developer. Notices required
to be given to Developer shall be addressed as follows:
4111 Park Drive
Carlsbad, CA 92008
Executed by Subdivider this d57d day of MflY I
19q3.
RONALD R. BALL
Acting City Attorney
By: Qi- I
'r Deputy City Attorney
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.
Call.,rnia All-Furpose Acknowledgm L
-.
State of California County of LOS ANGELES )
) ,J 462
On May 25, 1993 before me, Nancy D. Jacobs, Notary Public
personally appeared **ROBERT SUTKO, Trustee**.
I . to be the person(s) whose names(.) is/- subscribed to the within instrument proved to me on the basis of satisfactory evidence
and acknowledged to me that he/f-J executed the same in his/*- authorized capacity(ies), and that by his/!-h signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrumewt.
( )INDIVIDUAL ( )ATTORNEY-IN-FACT
( ) PARTNER(S) ( )LIMITED (GENERAL)
( )OTHER
TRUSTEE (s) ( ) GUARDIAN/CONSERVATOR
( )CORPORATE OFFICER(S)
TITLE (S)
SIGNER IS REPRESENTING: [name of person(s) or entity(ies)]
California All-Purpose Acknowledgment
state of California county of LOS ANGELES )
)
On May 25, 1993 before me, Nancy D. Jacobs, Notary Public
personally appeared **DORA MCMULLEN SUTRO, Trustee**
F x to be the person(s) whose names(.) is/.ICsubscribed to the within instrument proved to me on the basis of satisfactory evidence
and acknowledged to me that Lr/she/- executed the same in ‘her/-
authorized capacity( ies) , and that by Ys/her/tm signature(s) on the
acted. executed the instrument.
instrument the person(s), or the entity upon behalf of which the person(s)
WITNESS my hand and official seal.
CAPACITY
( )INDIVIDUAL ( )ATTORNEY-IN-FACT ( )TRUSTEE(S) ( )GUARDIAN/CONSERVATOR
( 1 PARTNER(S) ( ) LIMITED (GENERAL) ( 1 CORPORATE OFFICER IS)
-
.. ( )OTHER .. ., ..
TITLE (S)
SIGNER IS REPRESENTING: [name of person(s) or entity(ies)]
.' .. ' .. *. . "
.. 1463
FXHIBIT "A" LEGAL DESCRIPTION
THAT PORTION OF TRACT 244 OF THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE HAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS:
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