No preview available
HomeMy WebLinkAbout; Blankenship, Jeffrey & Susan; 74-057823; Future Improvement Agreement/Release. . ;_ ii ,- 669 -- 14 RECCRDING REQUESTED BY AND y7' WHEN RECORDED MAIL TO .’ , .” ‘. ^ . 1 2 3 4 5 6 7 8 9 10 l-1 12 13 14 15 2.6 17 18 19 & 20 21 22 23 24 25 26 .27 28 29 30 31 32 / 11 1, ji I/ Ii I . / I’ CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 Documentary Transfer Tax$-NIj - 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 of Sale. FUTURE IMPkOVEMENT AGREEMENT of OWNER: Jeffrey Blankenship and Susan J. klanken&& ADDRESS: , P-0. Box 1181, Carl&&i. CA 92008 2873 Hi hland Dr. q DATED: March 6, 1974 PARTIES: The parties>to this agreement are the City of Carlsbad, a municipal corporation of the State of California, hereinafter referred to is 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. CITY hereby approves the parcel split #229 - Highland Dr. between Elm Ave. and Elmwood St. assessor's no. 156-190-06 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. 2. 3. 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 Page,l.hereof, OWNER shall forthwith, at OWNER's sole cost and expense, prepare plans and. specifications, approved by CITY, for the construction - 7-.. . L . 0 74 3 ‘R-I” .._ ,. ., ,, ..: r.,.~;b;r. I c ‘;w.“, -jy*<;c. 7,s ., I.* ,, ,.A,,‘* i .*&. &\. i -lt ..,e9Sh “r 1, , _. .:,. . .- \ L 5. ..,, .:‘I 4 ‘- . r. ! a waiver by CITY of its continuing right to.demand such work 1( 1: 1: II 14 1: 1t 15 1E 1G 2c 21 2% 25 24 25 26 .2? 28 29 30 31 32 4. 5. 6. . 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 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 perforn OWNER's said obligations and OWNJk 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 t 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 B; Y STATE OF CALIFORNIA lss . COUNTY OF'SAN DIEGO > l On this 7th day of FYlarch I . in the year 1974 , before me, Virginia I,! Smith , a Notary Public in and for the State, personally appeared David Fd. Dunn@ , known to mf to be Mayor of the City of Carlsbad, California,.and known to me to be the person who executed the within instrument on behalf o'f -2- -I ’ *‘....- ..* ._).,< 1 . . . ;., I 2 t P -> -. .- “,. .* WI 14 15 17 1E 19 2c 21 22 23 24 25 26 ,27 28 3c 31 I /I 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- km?~ PUBllC - CAL,~O:,,y,, mtmvd OFFICE ,,q SAN DIEGC) COUNTY j . OWNER STATE OF CAL,IFORNIA )ss COUNTY OF SAN DIEGO ) - On fehruary 30, 1974 , before me, the undersigned, a Notary Public in.and for said State; personally appeared \JEFFREY RLAXEXSHIP and SW, J. EL,AIW3SHIF’ t 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 3argare-t E:, Iieslev Name (Typed or Printed) Approved as to form: xi. _- *“. 3 I -3- . . OFFICIAL SEAL OFFICIAL SEAL MARGARET E. MARGARET E. HESLEY HESLEY NOTARY PUBLIC - CALIFORNIA NOTARY PUBLIC - CALIFORNIA PRINCIPLE OFFICE IN PRINCIPLE OFFICE IN SAN OlEGO C'aUNTY SAN O/EGO C'aUNTY MY COMMISSION EXPIRES NOV. MY COMMISSION EXPIRES NOV. 7, 7, 1975 1975 . . , I. y 1 ;-. I 672 PS #229 Legal Description That portion of Tract 119 of Carlsbad Lands, in the County of San Diego, State of California, according to the Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, described as follows: Beginning at a point on the Northeasterly line of said Tract 119 which is South 34O33' East 361.54 feet from the most Northerly corner thereof; thence South 55O27' West 102.46 feet to the most Northerly corner of land described in deed to Opal M. Neff recorded in Book 4111, page 316 of Official Records; thence along the Easterly line and prolongation thereof South 16OO7'15" East 331.87 feet to the Northwesterly line of land described in deed of trust executed by Richard E. Dillman et ux, recorded February 26, 1965 as File No. 34762 of Official Records; thence along said Northwesterly line North 55O27' East 200 feet more or less to the Northeasterly line of said Tract 119; thenc.e.along said Northeasterly line North 34O33' West 314.84 feet to the Point of Beginning. Assessor's Parcel No. 156-190-06 Exhibit "A" s . . ..- e . I. I. , - 673 ‘- F.S. #229 1. 2. 3. 4. . Grading and paving of adjacent public right of way 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. Planting of street trees or deposit of monies with the City to plant said trees. Installation of street lights 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. Exh'lbit "B" 674 -7 ;T,S* 27'OO.W 102.46' --; r_ I . -: , -I> -. -. . .- 1 -4-4 r--- I . I t.’ -. -1 -. \I-J,-W27'00"E 207.37' (t 200.00 ---3 -- N 55D.?7'00" 207.46 MEdSlmED ---- L . . . . 13 - :21 :;: .A 1. s, :a:> cs ‘r,. ,-I --l -* ‘.-l ;> . h -.e 5.. - --. 5. r: 4; 1.3) ._. :--. ELM AVENUE! _- _-- _ ___-- -0 ---- t -6. _I_ i t I -I_ - -* ‘- _ _ i r-e, / \ . - . ___ _ FILE/FACEN~!8~~~ BOO~lk. Ii974 ~;~,Q=-J-&-& && kiAa 7 12 15 I% “74 OFFKIAL RECORDS SAM DIEGO COUNTY.CALIF. ““RRk%Wrno I.* * . ‘_-+ . *--* 4%. . 1 - !I a- - -4 c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 City Council of the City of Carlsbad, California, held on the 19 -i;i;!! day of March, 1974, by the. following vote, to wit: AYES: Cmn. aanne, ClcCoii~as, Levis, tZh;lse and Frazee. 20 21 22 23 24 25 26 32 RESOLUTION NO. 3373 .-___- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETXEEN THE CITY OF CARLSBAD AND.JEFFREY AND SUSAN J. BLANKENSHIP FOR PARCEL SPLIT NO. 229, HIGHLAND DRIVE BETWEEN ELM AVEZJUE AND ELMWOOD STREET, AND AUTHORIZIMG THE MAYOR TO ESECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That the certain agreement between the City of Carlsbad and JeEfrey and Susan J. Blankenship for Parcel Split No. 229, Highland Drive between Elm Avnue and Elmwood Stree dated the 6th day of Ma r c 13 -. ,1974, a copy of which is attached hereto and incorporated herein by reference,is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby author- ized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED, AND ADOPTED at ,?l/r~$&!?%"%~eting of the NOES : Ilo!7e. ABSENT: >I 0 n e . DAVID M. DUNNE, MAYOR ATTEST: