HomeMy WebLinkAbout; Kubota, Jack & Patricia; 73-038798; Future Improvement Agreement/Releaseij TWEL' RECORDED MAIL TO :!
CITY OF CARLSBAD 12CO Elm Avenue
Ca.rlsba$. California 92ocs Docunzntary Transfer Tax$
Computed on Full Value of Property yg*IL TAX BILL TO
owner Named on Line 7 at and Encumbrances Remaining at Time Address Named on Line 8
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FUTURE IMPROVEMENT AGREEMENT
of
OWNER: Jack Y. Kubota and Patricia R. Kubota
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8 j. ADDRESS: P.O. Box 1095 Carlsbad, CA 92008
i g i DATED: February 6, 1933 I . 10 ‘I I ,J,lI PARTIES: The parties;to this agreement are. the.City of Carlsbad.,
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32 a municipal corporation of the State of California, hereinafter
13 referred to as CITY; and the person or persons mentioned on Line 7
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of Page 1 hereof, hereinafter referred to as OWNER, without regard
15 to number or gender.
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17 COVENANTS: . It is mutually agreed by the parties hereto as follows:
18 1. CITY hereby approves the Parcel Split No. 174
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Park Drive assessor's parcel nos. 207-120-35 and 36
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20 on that certain real property, warranted by OWNER to be
21 wholly owned by him, described on Exhibit A, attached hereto
22 and by this reference incorporated herein. 'Also shown for
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Ii convenience sake on Attachment A, attached hereto and made
24 i I/ a part hereof.
25 1.2. II CITY does hereby temporarily waive the requirement that OWNER
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I/ install)along the street frontage of said property, ‘and that
27 /I portion of Park Drive and Tamarack Avenue, those certain public
// 28 1, improvements listed on Exhibit B, attached hereto and by this
29 reference incorporated herein.
3q 3. Upon written demand therefor by City, addressed to OWI-iER at the
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address mentioned on Line 8 of Page 1 hereof, O’WNER shall forth-
32 /’ with, at OWNER’s sole cost and expense, prepare plans and
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specifications, approved by CiTY, for the construct ion
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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 perforr
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 realcproperty, &hall 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:
Mayor
STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) l
On this in the year /97,, ,
before me, lit in and for
the State, Ccp , known to me
to be Mayor 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.
WITNESS my hand and official seal.
Signature
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MARGARET E. ADAMS iudl~!iir I'LIB .rc * LAl,IF3ni\llA wirwnL i)t+~~~ )I~ S:N IJIEGO f.XJuNIY
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-OWNER //
OWNER
STATE OF CALIFORNIA )ss
COUNTY OF SAN DIEGO ) -
On January 18, 1973 , before me, the undersigned, a Notary
Public in and for said State; personally appeared Jack Y.
Kubota and Patricia R. Kubota
, known to me to be the person/s
whose name/s is/are subscribed to the within instrument and
WITNESS my hand and official seal.
Signature Af
/// John R. Pierce
Name (Typed or Pr,inted)
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OFFICIAL SEAL IOHN R. PIERCE
WARY PUBLK - CaLIFORrqlC,
NLI)IClPAL OFFIGE IW
SAN OlfGO COUNTY
My commlmlon Er#lrrs July 6. 1078
Kubota assessor's parcels 207-120-35 and 207-120-36
Legal Description PS #174
Lots 4 and 5 in Block G of Bella Vista, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 2152, filed in the Office of the Recorder, San Diego County, March 7, 1929.
Excepting therefrom the southwesterly 100.00 feet of said Lot 5. Also excepting therefrom the southeasterly 9.00 feet of said Lots 4 and 5, granted to the City of Carlsbad for public street purposes on December 6, 1972, file no. 325939.
Exhibit "A"
1902
PS # 174
(Kubota)
Par
Gs
sub
Par
sha
bet
to the
tot
imp
ticipation in a portion of the total project cost of installi
underground storm drain system pursuant to the applicable
ter Plan or Local Plan for Public Drainage Facilities. The ject drainage facility will be located in Tamarack Avenue and
k Drive as depicted herewith. The specific storm drain proje 11 be sponsored by the City of Carlsbad and the property shal ome a part of a formal local assessment district. Pursuant the statutory provisions of the applicable assessment distri property shall be assessed the fair and equitable share of t al cost based upon the benefits to be derived from the public rovements.
NO
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R'evised l/18/73 JYK Exhibit "B"
\9O.d (RECJ -.. .-
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