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HomeMy WebLinkAbout; Chadwick, James; 73-185242; Future Improvement Agreement/Release1 2 z 8 9 10 11 12 13 14 15 16 17 18 1. 19 20 21 22 23 24 25 26 .27 26 29 30 31 32 - RECORDING REQUESTED BY AND 1580 WHEN RECORDED MAIL TO . CITY OF CARLSBAD 1200 Elm Avenue Carlsb;:. California 92008 DocumLintary Transfer Tax$ e 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. FUTURE IMPROVEMENT AGREEMENT of OWNER: James R. Chadwick ADDRESS: 3235, 3245, C 3255 McKinley St. Carlsbad, CA 92008 DATED: June 4, 1973 PARTIES: The partiesito 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 2. 3. CITY hereby approves the parcel split no. 204 McKinley St. assessor's parcel no. 205-052-02 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 - l- 0 73-22 i ! 1( 1: 1: 11 li l! 1t 1: II 1z 2c 21 2L 2: 24 25 26 *27 28 29 30 31 32 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. 4. In the event title to said property or a part thereof is sold, 5. 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 obligations and OWNER shall upon written demand therefor, reimburse to CITY its costs therefor. 6. This agreement shall be binding upon and inure to the benefit 1581 - . 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 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 STATE OF CALIFORNIA jss COUNTY OF SAN DIEGO ) l On this ,T"'. day of before me, pIj,~-a,.$/-eTE. the State, perso<ally app , in the year [y$? , a Notary Public in and for Ma &MP , known to me to be Mayor of the City of Carl&ad, California, and known to me to be the person who executed the within instrument on behalf of -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I.5 16 17 18 19 20 21 22 2t 24 25 26 -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. WTTNFSS mv hand and official seal. Signature OFFICIAL SEAL MARGARET E. ADAMS NOikRY PUFhIC - CALIFOHiqlA mi~iim cm~ti 1~1 OWNER OWNER STATE OF CALIFORNIA )ss COUNTY OF m ) l On JUNE 5,1973 - , before me, the undersigned, a Notary Public in and for said State; personally appeared JAMES R. GHADMIGK I 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. AURORAJ.GAPUTO L/ Name (Typed'or Printed) Approved as to form: -3- ,- ..-,. ,- *;li~.,q . -~~ ‘.i 1” ‘y’.;;y .’ . 1583 The land referred to in this report is SIIKII~~ ~II the State of California, County of and is described as follows: San niago rhose portions cf Lata 1G and 17 of PC, *‘terson’s hdi!itii:n to the Tokm of C3rMxx!, c0~0ty of San Di.ego, State of Crlifornia, ZCCOrdittG CO t@l thcrcof SO, 565, filed in the Of fiw OP the COUOt;~ Kecordcr of San liirrgo County, Se~m2kn 22, IG33, desciibad as fo;ilov3 t %q.$.rmir!g at: the sost Kcstcrlp corner of said IA:: 16; thtmcc? North 5Ti”27’ East along the Nortiwesterly fit-~ Q of aoid Lsrs i5 rc.nr! 17 a distnnce of t:ii~.‘lt fees; thence Scuth 3G033’ izmt 160 fcot* to 2lL?. xix P@T:X OH 3XI::NXt~G; tftcnc8 continuin:: South 3tt”33’ Eaot 200 fezt; thence South 55”27’ i+.st l@+,'/f? feet to the Souchvasrarly line or' said Lot 1G; thenca Grth 34O31’5Cl I' ?Cest along said SoutIw6~sCerly linil 209 feet to kttersection with a lim tilat bears South 55Y7’ i:cst fro:? tiw TTGE POXi‘:‘r OF BEGIXItiG; thence ikxrth 3S027’ East 184 .51 feet to ths TWX mxsl~ OF BxI:I:?mC. I I;!J[s.Ti”TS l!4,1;!0 :dlf,P IIrz*l . I L PINE c \ \ t \ t \. !. \ \ : ‘0 \.w 1 \ \ I + I 3 i ’ w-dCCA.--‘-.. - -- +-%ac’” r-‘L_,-L_s!J&--- - - - - - - - _- - --_ - _ r-L 3 ‘. ,..%. i I ‘0 I I i ,a. >. > z I ;: -c i 4 ; *’ Yl *Y J 2 0 ? -1 : *I v i ‘1 5 * * ;I- ---,-L*SZ’L : ------ ; *- “Is ; w. $8 2 c’ z i --l-~+-~ ---- z2-+“- ---- 20 f? b aI: F b ‘,lS 4 I0 I3 .I> I’ ‘5 $ G-l ? -2$i;f-+ - LZ&----- - r: I 0, gg@ . j \’ ;I:1 a _ I -L’!’ r .0&T -,,-,=zzza * ---- 31 J S+ir.ld t . AVE. ‘; ; r.. . . . ‘I ’ . ** -. , y 1585 i., , 1. 2. 3. 4. Grading and paving of adjacent public right of way to its centerline except that portion improved to City Standards. Construction of P.C.C. curb, gutter and sidewalk abutting all street frontages of property. Planting of street trees or deposit of monies with the City to plant said trees. Installation of street lights and payment of IS-month energy charges as required by City Engineer. All construction shall conform to City standards at time the work is done. RECDRiIIED RlOUg6f 88 QFFIGIAc ~~f:coRati SAN QllM8 COUNIYtCALIF3 HARLEY F,$bOBM ttrcaaoria ~I@ Exhibit "B"