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HomeMy WebLinkAbout; Breihan, Ellsworth & Regina; 73-161197; Future Improvement Agreement/Release/- I - It,.. ’ F . 2 'i E 9 1c 12 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -27 28 29 3c 31 32 .I L .' 3 5 L i i I I 1 1 .I 1 i I 1 , -7’ k Px30 - 6 -\T RECORDING REQUESTED BY AND WREN RECORDED MAIL TO CITY OF CARLSBAD 'l-200 Elm Avenue Carl&=,<. California 92008 Documentary Transfer Tax$ M/l, - Computed on Full Value of Propert 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 Aof Sale. &7’V OF #f%&i~ b'lrrn Name FUTURE IMPROVEMENT AGREEMENT of OWNER: Ellsworth Breihan and Resina Breihan ADDRESS: 3286 Mercer Lane San Diego, CA 92122 DATED: q. lW3 PARTIES: The parties'to this agreement are the City of Carlsbad, a municipal corporation of the State of California, hereinafter referred to as 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. 2. 3. CITY hereby approves the development as per Specific Plan Ordinance No. 9225. 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. Assessor's no. 204-240-24 CITY does hereby temporarily waive the requirement that OWNER install along the street frontage of said property those certain public improvements listed on Exh.ibit 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 1 hereof, OWNER shall forthwith, at OWNER's sole cost and expense, prepare plans and specifications, approved by CITY, for the construction -l- 0 73-19 1: 1: 1: li l! above, after written demand therefor by CITY, CITY may perforr 1: 14 2c 21 2: 26 4. 5. 6. . ,4 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 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 real property, shall run with said real property, and shall create an equitable servitude upon said real property. ARLSBAD, A Municipal on of the State of California STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) . in the year /:?7..?3 , c in and for , known to me to bei&?zyor of the City of Carlsbadi-California, and known to me to be the person who executed the within instrument on behalf of -2- . r ‘. - 3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Approved as to form: -27 28 29 30 31 32 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. MARGARET E. ADAMS Signature NOTARY PUB!IC - CALIFi)iilitA PRINWAL OkFit,E IN SAN DIEGO COUNI'Y OWNER STATE OF COUNTY OF On RpR )L 3n,j933, before me, the undersigned, a Notary Public in and for said State; personally appeared ELLSLUOR~H RRET:HFlN + REGINA I3 ROZ'Rd , 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. **>.- 4,.r.i,., , . ..'.:;+$$--, p;* .. &-u.XW $:&;>& 3. * :,,' t'" Signature i ,,"‘ I", ;'-b @leg . * y ; ., i&d. ; \ ..,;ia cy ' Donald Ii. Kramer +, .:> -!,:. // , *. -- * -* Q?& ;;. Name (Typed or Printed) '.,*$', .*.** .,4 qq# ";",'~ q: .;. . . ,"j / . . . -3- . . . . - Breihan Apts. Legal Description Lot 4, Block Q, Palisades No. 2, City of Carlsbad, County of San Diego, State of California according to map thereof no. 1803 filed in the Office of the County Recorder, San Diego County, on August 25, 1924. Assessor’s NO. 204-240-24 Exhibit "A" - Breihan 1. 2. 3. 4. 5. 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. Undergrounding of electric and telephone distribution facilities. All construction shall conform to City standards at time the work is done. ixhibit I'B" .-. -~ - . . . -‘) .*,.c pD-43 ~X!&/K47 N n L i -. ,- ..* *’ I : c 2 ‘I {I kl 1’ I 4 f/ i L F IK - I c/v/I//PER . . _. I -- _.,__. - AVE: -- 1 ..-._ - ._ 1435 1 c-b ‘I r-Y -- q- ,f$ /,. i,.Jjfq f’ *<i’L-* L/i -- -0 *I 0 ‘tf -’ ‘7 / , ,#I ” ;.* ( r-4 , Lm- 4 1 I I ! t I i 1 , t j L. ?I -, 1 : I i, i I 5 I . .._ - ^ ._-_- _,__. I _- ._ ._-__. . -I_ ..-..-- A7-TACUMENT tie71