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HomeMy WebLinkAbout; Daiger, Helen Shumway; 73-344767; Future Improvement Agreement/Release1 2 3 4 5 6 7 . 8 9 10 11 I.2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 .27 28 29 30 31 32 P’ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF CARLSBAD .1200 Elm Avenue Carlsbad, California 92008 Documentary Transfer Tax$ d/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 FUTURE IMPROVEMENT AGREEMENT of OWNER: Helen Shumway Daiqer ADDRESS: 3384 Highland Drive Carlsbad, CA 92008 DATED: 19D / 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 proposed parcel split no. 209 (assessor's parcel no. 205-060-09) 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 here& and made a part hereof. CITY does hereby temporarily waive the requirement that OWNER install along the street frontage of said property those certain public improvements iisted 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 1 hereof, OWNER shall forthwith, at GWNER'S sole cost and expense,. prepare plans . and specifications, approved by CITY, for the construction - l- . 0 73-29 4 ! l( 1s 1: l? 12 II 1t 17 1E IS 2c 21 22 23 24 25 26 *27 28 29 30 31 32 4. 5. 6. 1269 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 perforn 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. CITY OF CARLSBAD, A Municipal Corporation of the State of California Mayor STATE OF CALIFORNIA jss COUNTY OF SAN DIEGO ) l On this /IT73 , before me, Public in and for the State, , known to mE to be Mayor of the City of Carlsbad, California, and known to me to be the person who executed the within instrument on behalf of -2- 4 E c 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 K. &);t$ j&&/&h. 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 offic' - :lal seal. Signatur OWNER OWNER STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) l Jog/q73 , before me, the undersigned, a Notary Public in and for said State; personally appeared ~'htimccuw QQrq4?A , known to me to be the person/& whose name/$ is/= subscribed to the within instrument and WITNESS my hand and official seal. c- Signature / tLLw& Name (Typed or Printed) -3- &:$&&A; 3ES:GN 12Wl SUSDIVISION OESICN CEARENCE HWEI, CIVIL ENGINEER 1530 Indian Summer Court San Matzos, Ca. 92069 747 4917 - . - 3 Elovembar 1973 I EZ,n,L C~LTIPTIO,"S FOX ?.A,RCXL To BF: KNc'?ii AS PARCEL 1 when the parcel map for ht Split 3 259 is recorded That portion of Tract No 123 of Car&bad Lands according to map thereof filed as Yap No 1661 in the office of ths County Recorder of said County on Earch'l, 1915 described as follows - E&n&qg at the intersection of the easterly boundary ti3 Of Highland Drive :?ith the northerly boundary of Basswood Avenue, as said highland Drive and said Bassuood Avanue are sho3n on a map of 'Th.um La-ids which is filed as kkp 110 '1681 in the office of the County Piecorder of said County; thence along the easterly line of said mg>Jand Avenus North 2Q034*lMt Xest 26.22 feet to the true point of beain,?ir-a; E&e continuing along said easterly line North 24°34'14i* '&st'?Or91 feet; thence parallel Twith said northerly line of Basswood Avenue No rth 50°0j'20yi East U3,0& feet; t’r-snce south ~01~~20"%st 94.76 feet to the northerJq line of said Bass-iood &gnus; thzncs along said northerly lb3 South 50°05*20" Vest 98.20 feet to a point of tangency with a curve1 concave northeasters ltith a radius of 20.00 feet; thence westerly 2nd -L mr bherl,y alon. g said curve an arc distance of 36.77 feet ,and through a central angle of 105°20326 't to a point of'tangenqy with the said easterly line of EigZhland I;riva , said point of tangency being ths trm point 02 b3giming. c!!iL-q eLiiBEx SLL Civil Engineer EXHIBIT 3’ s,;i OEVELO7MENT LAN0 SURVEYING . I . 1. I : \\ \ 1272 - _ . - .._ -. . ._ - . . . . . . ---’ \’ I / ‘OA15dQO4’zu~~ .m _: -3 -. . - _ . . -. -. -.- ___ .-.- ---- ..-_- ---.--_.-__:__~__ . A- 4 p&43-s w3n m d ;E=$i&y+Y -j . ATTACth'lENT %i PS #209 1279 -- :Ilc,p$CENa73'344?6? -*' BOOK ir R~CQRDEO ;Rf,OUEST Of &!&kihd CITY CL&K . 1. 2. 3. 4. OFFICIAL RECOROS SAN OIEQO COUNTY.CALIF. Grading and paving of adjacent.public right of ~!#&(O~~~~o" 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 18imonth energy charges as required by City Engineer. . All construction shall conform to City standards at time the work is done. l?xhibit "B" NO FEE -.- -~