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HomeMy WebLinkAbout; Freiburger, Albert and Jean; 74-323243; Future Improvement Agreement/Release. . . c )V . .’ , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 .27 28 29 30 31 32 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 , -l- 1 1 l< 1: 11 11 l( 1' II l! 2( 21 2: 21 24 2!! 26 .2? 2E 29 3c 31 32 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 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 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 . 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. 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: -3- - , . , . . . L 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” ------_ __ .63 *- > ’ 4. -- ,\ *\ I... .-c- i‘ . . -r -7 I 2; ‘4 -* I- 2 0 _ e7M9’ .* - ‘. -. __ --I I f-9 ’ N W39°w q. :w’ 2 r::1 ‘,I’: -*‘\I-, ‘L, 0%. ---SC . I ------- ----- 1 -r-* , c-t I I . 8 ---I . I r-s ’ : 3.: F +‘a *‘\ ‘..I * (r . . . . 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( Dtc 12 g 27 M ‘74 -z ; ; 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"