HomeMy WebLinkAbout; California Property Brokers Ltd; 74-126901; Future Improvement Agreement/Release+ , . .
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KECORDIKG .REQUESTED BY AND 1240
WHEN RECORDED MAIL TO
CITY OF CARLSBAD l-200 Elm Avenue
Carlsbad, California 92008 Documentary Transfer Tax$ NIL
- Computed on Full Value of Property MAIL TAX BILL TO Conveyed,
Owner Named on Line 7 at -&' Or Computed on Full Value Less Lie
Addre,;s Named on Line 8 and Encumbrances Remaining at Time
flti City of Cqlsbad
I ~s~fi~~~~e8~iR~~Ba~~~t Or Firm Name
FUTURE IMPROVEMENT AGREEMENT . of
OWNER: LTb, - California Property Brokers, a California corporation
ADDRESS: P.O. Box "B" Carlsbad, CA 92008
PARTIES: The parties“'to this agreement are the City of Ca.rlsbad, /
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 k AVP- anii
Washinston St. I assessor's Darcel s, 3fi.3-261-1)4 L 05
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 expense, prepare plans
and specifications, approved by CITY, for the construction
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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
4.
5.
6.
STATE OF CALIFORNIA ),,
in said real property, shall run with said real property, and
shall create an equitable servitude upon said real property.
...“.‘ . .,. .*. ,a.. ,. , ..,;. ,’ ir 1 .: i >,,3;,
_- -
1241
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
CITY OF CARLSBAD, A Municipal
<N.. .
COUNTY OF SAN DIEGO )=*
On this day o pe &fly ,'in the year /(,?7g ,
13~ fore me, /@b/n31 A- a Ndtary Pu?3lic in and for
the State, personally appeared r &, &&9=&< 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
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1242
said public corporation, agency or political subdivision, and
acknowledged to me that such City of Carlsbad, California executei
the sccme.
WITNESS my hand and official seal. ~..---------_ - OFFICIAL SEAL h &&4$>, Virginia M. Smith b
NOTARV WBLIC - CALIFOLNtA
PRINCIPU OFFlCf IN
SAN DIEGO COUNTY
STATE OF CAL,IFORNIA )ss
COUNTY OF SAN DIEGO ) l
On ,.before me, the undersigned, a Notary
Public in,and for said State; personally appeared
', 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
Name (Typed or Printed)
Approved as to form:
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TO 449 c
(Corporation! 0 TI
STATE OF CALIFORNIh SS.
_
State, personally appeared Ati s fati before me, the undersigned, a Notary Public in and for said A- UC 5s e d
z known to me to be the- President, and -.S64 ‘-1 6. n4c (bx.l
!t known to me to be Secretary of the corporation that executed the within Instruuxnt, w known to me to be the perwns who executed the within i Instrument on behalf of the corporation therein named, and
2 acknvwledgcd to me that such c,lrporation executed the within
ul
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OFFlCiAL SEAL
Bwbarrr J. Wecdn v NOTARY PW.!C CAtlFORNlA PRINCIPAL OF!!CE IN
(this area for aWieia1 notarial wal)
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. 1243
Legal Description for Future Street Improvement agreement Proposed Parcel Split No. 223 Oak Avenue & Washington Street
A portion of the easterly one half of Block 16 of the town of Carlsbad subdivision in the City of Car&bad, County of San Diego, State of California, according to map thereof no. 535 filed in the Office of the County Recorder of San Diego County
May 2, 1888 described as follows:
Beginning at the most easterly corner of the said easterly one half of Block 16, thence North 34034'30" West 200.12 feet along the easterly boundary of said Block; thence South 55026'42" West 145.09 feet; thence South 34034'42" East to a point on the southerly boundary of said block; thence along the southerly boundary North 55O26'30" East 145.07 feet to the Point of Beginning.
Exhibit "A"
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. . 1244
1.
2.
3.
4.
5.
Grading and paving of adjacent publ4.c 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.
Items 1, 2, 3 & 4 pertain to Washington St. frontage only. ' Improvements on Oak Ave. frontage are to be installed prior to building occupancy.
All construction shall conform t6 City standards at time the
work is done.
.
Exhibit "B"
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FiLEI,. -.'lo ~4~12690~ L il ~ ‘800# 1974 RECORwbff$@
felAV 1 ti 9 52 AH “,q
OFFICIAL RECORDS SANDIEGO COUNTY.CALIF. HARLEYF.BLOOM AECOROER
No FEE
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