HomeMy WebLinkAbout; Breihan, Ellsworth & Regina; 73-161197; Future Improvement Agreement/Release/-
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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
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l! above, after written demand therefor by CITY, CITY may perforr
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4.
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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
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
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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.
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,., ,
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Signature i ,,"‘ I", ;'-b @leg . * y ; ., i&d. ; \ ..,;ia cy '
Donald Ii. Kramer +, .:> -!,:. // , *. -- * -* Q?& ;;.
Name (Typed or Printed) '.,*$', .*.** .,4 qq# ";",'~ q: .;. . . ,"j / . . .
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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"
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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"
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A7-TACUMENT tie71