HomeMy WebLinkAbout; Freiburger, Albert and Jean; 74-323243; Future Improvement Agreement/Release. . . c
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RECORDING REQUESTED BY AND i . . 59 WHEN RECORDED MAIL TO
CITY OF CARLSBAD 1200 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
Address Earned on Line 8 and Encumbrances Remaining at Time
of Sale.
Of CARlSBAD F'lrm Name
FUTURE IMPROVEMENT AGREEMENT
of
Ob7NER: Albert J. Freiburqer and Jean R. Freiburger
ADDRESS: 1212 0 a I< A v e n u e Carl sbad, CA 920O.d
DATED: D 3. I?79
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 Parcel Split F?o. 253
Magnolia Avenue west of Highland Drive 205-210-19)
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 c
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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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
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,
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 ./7
Mayor
STATE OF CALIFORNIA )=s COUNTY OF SAN DIEGO )- l
On this 42. day of &emb+ I in the year [97< ,
before me, v\r91yI12 Nl sm1.+h perso?!ally appeared. , a Notary Public in and for
the State,
to be Mayor of the City of Carlsbad, Califor:;,
, known to me
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. /
Signatur
qirT*wrT ,*‘- 7
OFFICIAL SEAL ’ ‘I
Ykginia M. Smith ?
NOTARY PUBLIC - CAtt. i
PRlNClPil OFFICF SAN DIEGO COUNTY
MY COMMISSION EXPIRES MAY 9, 1977
OWNER
o$r AiL?G+i
OWNER
STATE OF CALIFORNIA )ss
COUNTY OF SAN DIEGO ) l
, before me, the undersig
v
, known to med40 be the person/s
whose name/s is/are subscribed to the within instrument and
WITNESS my hand and official seal.
Signature @+4 g&l I
i My Commission Expires August 25, 1971
Name (Typed or Printed)
Approved as to form:
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P.S. 253
Freiburger
Legal Description
That portion of Tract 240 of Thum Lands in the County of San
Diego, State of California, according to Map thereof No. 1681,
filed in the Office of the County Recorder of said San Diego
County December 9, 1915 described as follows:
Beginning at a point on the centerline of Magnolia Avenue, said
point being South 6102\’ West a distance of 461.84 feet from the
point of intersection of the centerline of Highland Drive and
the centerline of Magnolia Avenue; thence North 28O39’ West a
distance of 471.59 feet to a point; thence South 61’21’ West a
distance of 184.74 feet to a point; thence South 28o39’ East a
distance of 471.59 feet to a point on the centerline of Magnolia
Avenue ; thence North 61’21’ East a distance of 184.74 feet to the
POINT OF BEGINNING.
EXH I B I T “A”
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P.S. 253
Freiburger
64
R 74-323243 , ;~liE/p:.CE Yo.-M.. .I- B 0 0 K 1. Pi : 65
REC01{3EE ;;i;ilutS‘i OF i
~h&fTY .CLERP(
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OFFICIAL RECORDS SANDlEGOCGU~TY,CALiF. HARLE'fF.Gt31~M
RECOROE8
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.
construction shall conform to City standards at time the
work is done.
NO FEE
t
Exhibit "B"