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HomeMy WebLinkAbout; Acacia Apartments Ltd; 73-161199; Future Improvement Agreement/ReleaseI . . ! I f t I 1( 13 12 1: 14 1: 1E 17 1E 1s 2c 21 22 2z 24 25 26 .27 2e 29 3c 31 32 - RECORDING REQUESTED BY AND1442 WHEN RECORDED MAIL TO CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 Dc-*imentary Transfer Tax$ 1\(1 L. - 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, yp77.&& [‘/W c?= G+&sA~‘~ ~g~RB"t~~~e~~i~f~4~~~~t Or Firm Name FUTURE IMPROVEMENT AGREEMENT of OWNER: Acacia Apartments, Ltd., a limited partnership ADDRESS: 625 Broadway San Diego, CA 92101 DATED: T. 1973 PARTIES: The parties'to this agreement are the City of Carl&ad, , 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 parcel split #183 - Acacia Ave. assessor's parcel no. 204-150-22 & 23 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. 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 1 hereof, OWNER shall forthwith, at OWNER's sole cost and expenss, prepare plans and specifications, approved by CITY, for the construction -l- 1: 1: 1: 1; I! Ii 1'1 1t 15 2c 21 2: 2: 24 2i 2c *2? 2e 29 30 31 32 5 6 7 8 9 3 1 2 3 i 3 3 7 3 2 > L ) , i b i i I 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 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 obiigations 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. A Municipal Mayor STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) l On this day of rp/fs ,'+r-&')rd--~. ~~AP=/~ , in the year /8?3 , before me, a Notary Public in and for the SbaJe, persoxally appeared&edN'E. M &?r/lfis , known to mt 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- I . f I( 13 1: . c . c l? lil If 16 17 18 19 20 21 22 23 24 25 26 ~27 28 29 30 31 32 .,.. 1444 . said public corporation, agency or political subdivision, and acknowledged to me that such City of Carlsbad, California executec the same. WITNESS my hand and official seal. E. ADAMS OWNER OWNER STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) l , before me, the unders whose name Approved as to form: -3- . b _ ..- 28 d tJ 5 2 e : z 2 Q 4 3 ” 4, $a 7:’ 6 Y 3 STATE OF CALIFORNIA COUNTY OF-. San Diego / On May 1, 1973 -3 before me, the undersigned, a Notary Public in and for said County and State, personally appeared- F. William Richardson known to me to be one of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. SignatureL* h? *w SALLY M. FLORES Name (Typed or Printed) Notary Public in and for said County and State FOR NOTARY SEAL OR STAMP SAN I”!‘GO COUNTY - PS #183 Acacia LEGAL DESCRIPTION Lot 16, Block "p", Palisades, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 1747, filed in the office of the Recorder of said San.Diego County, February 5, 1923. assessor's parcel nos. 204-150-22 & 23 Exhibit "A" Parcel Split #183 Acacia Ave. 1. Installation of street lights and payment of 18-month energy charges as required by City Engineer. 2. Owner agrees to participate in any improvement district formed for the purpose of undergrounding utilities and the installation of ornamental street lights along the street frontage of the property. All construction shall conform to City standards at time the work is done. Exhibit "B" i?~OC~ “P ” /WA/Q /747 - 2656 s~‘A!i+& ST-FEE/ J-0 A S/n/lr;zc LO7 CAF?LSL~AD, CA L 1,“52/U/A &&$.jf~// O&vNER.’ . c ACACYA APARTMEtiTS &7-D, L.S. &+= :3uC31rtr?Lfi, ,* .,j. ,;.;: YiJL!a,9 YJ:;~,~ 1 h’)tJRl?n”c : mm I I . . l * ! . . . . - . . c I , . . b ! - I I . 1 I , I’ , C I -I 3 b-4 .j r 1111-----1-e- +------ ;-1. --awm +ey--1 . , I : --II . I . g+ - * . . ii 5-‘.s . . ! I c.: I- . . -1 \v I c;; ? I - cj L t . . i . . f ::p ..l I ii-. . % s s I-- 2: .' I I 2') :‘ 1s , P I - . 1 . .. +.4* . . a; a . 1448 ’