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HomeMy WebLinkAbout; Gillingham, Robert & Bertha; 73-191014; Future Improvement Agreement/ReleaseE s 1c 11 12 12 16 16 17 18 19 20 21 22 23 24 25 26 +27 28 29 30 31 32 RECORDING RE&ESTED BY AND m53 WHEN RECORDED MAIL TO CITY OF CARLSBAD 1200 Elm Avenue Carl&&Z California 92008 Docun.%ntary Transfer Tax$ & 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 cj~caaumw &%!tH~?e%i8f#a$%t Or &'irm Name FUTURE IMPROVEMENT AGREEMENT of OWNER: Robert S. Gillingham & Bertha A. Gillinghm, husband and wde as Jt3BPFESms ADDRESS: 2618 tilson st. Carlsbad, CA 92008 DATED: 12 June X973 PARTIES: The partieslto this agreement are the City of Carl&ad, I 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 no. 204 Knowles Ave. and Stratford Lane assessor's no. 156-163-30 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 7323 ’ ,. 4 I( 1: 1: 1: 1; l! Ii 1: 1E 1t 2c 21 2L 2: 24 25 26 *27 28 29 30 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 ail 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 perform: 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 By: STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) - On this da of -f- , in the year M.3 I before me, /'~AraAi'fi E:hfldAbZ ,, a Notary Public in and for the State, personally appeared /S)Ar//dfl, P, , 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 -29 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 16 18 2c 23 22 2: 24 25 2E *27 2c 25 3c 33 3: i : i / i I I b 1 L > , 1855 said public corporation, agency or political subdivision, and acknowledged to me that such City of Carlsbad, California executed the same. W1T$jESS my hand and official seal. OFFICIAL SEAL MARGARET E. ADAMS NOIhRY Pbl3f.K - CALIh.hwlA PRINCIPAL Orflit 114 SAN DIEGO COUNlY I , gQ/LJy~ OWNER %bert S Gillinghdrn ;-J 7 * a/ OWNER Bertha A Gillingham 1 OWNER STATE OF CALIFORNIA jss. COUNTY OF SAN DIEGO ) , before me, the undersigned, a Notary whose name/s is/are subscribed to the within instrument and WITNESS my hand and official Seal. Signature 3 Approved as to form: -3- -m- OFFICIAL SEAL SALLY L. DONALDSON NOTARY PUBLIC - CtMORNlA PRINCl?AL OFFICE IN 1 SAN DIEGO COUNTY ‘3 MY COMMiSSlON EXPIRES DEC. 22, 1974 4 . . i?A-73 c~piled li-29-72 H-495993 - :_ -. b :’ I T.- -- _.A ‘il?E: COMP: w .\ < . \ l I?356 l . . . . _ EXHIBIT "A" The Westerly 60.50 feet of that portion of the Northwest Ouarter of Section 6, Township 12 South, Range 4 Weat, San Bernardino Meridian, in tha City of Carlsbad, County of San Diego, State of California, according to United Statea Government Survey, approved October 25, 1875, described as followe: . . Commencing at a concrete monument at the Northeast corner of Tract One Hundred Seventeen of Carlabad Lands, accordfng to Map No. 1661, on file in the Office of the County Recorder; thence along the Northerly line of safd Tract One Hundred Seventeen, North 89"57'00" West 752.06 feet; thence North OO"55'00" West 340.74 feet to the TRUE POINT OF BEGINNING; I thence North OO"55'00" West 320.78 feet to the Southeast corner of the fourth parcel of land described in deed from South Coast Land Company, a corporation, to M. Sydna Sheldon , recorded March 15, 1935, in Book 378, Page 374 of Official Records; thence North 89"42'15" Eaat 121.01 feet to the Northwest corner of the first parcel of land described in deed from South Coast Land Company, a corporation, to John R. Howe and Emily Elizabeth Howe, recorded March 20, 1935 Ln Book 382, Page 330 of Official Records; thence along the Westerly line of the land ao described fn said ' : deed to Howe, South OO"'85'00" Eaet 321.15 feet to the Southwest corner .g i thereof being also the Northwest corner of the land described fn deed from South Coast Land Company, a corporatfon, to Charles Henry Harvey and Anita Maria Harvey, recorded November 6, 1930,.fn Book 1838, Page 91 . of Deeds; thence South 89"52'38" West 121,Ol feet to the TRUE POINT OF BEGINNING. . EXCEPTING therefran thq Southerly 27.00 feet. . i Exhibit ‘*Air ‘,,. (1 * *.. . . 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. Items 1, 2 & 3 apply to Knowles Ave. frontage only. All construction shall conform to City standards at time the work is done. ixhibit "B" -5Yrrr/ -o*- /PO. 74 L L-5 8 : 30 02 .fD . . . 1 I= p #li so0 ZJ‘ ‘X ‘P 2 0 8 -(. ~SJF ~3+vx7 ,- .‘,, 2 -- .g . . * ~. .- 0 . ‘_.. ... 0 I . ; . . . . - -.‘ --IT.@; 1: _. @J &?4’ $3Lr5 ; b ..rro./5 ‘- \ 7 I* - -0 :_ . . .. .._ ,j (J 0 _: : --_ :;. . v, r\> r : y-’ ._ -r> ..: p : 1, ‘I . 3Of.57 *- - ‘$ 0 4w cn . ‘_ bd 0’ 0 0.:. CPU rJ a; I r- /uovr~-~ 30). 89 Scx055’E - 12-K 89 \ 170 B g$ . ‘i-m - 0 q 0 ;;: !l- ‘m-r*’ :i ;Pcn g 0‘ -au ya s-02. a0 \, /vd-L-~24-~ 3 170 / /25./P h Iyo-3-s-w Cm. *- . - \ 2. . . . I$ . . .-?03;~6. . . . . . %$ F g ql hl 01 ;. f-3 ( 1 w :. v ., I 1, . j ; ” ‘. . C“ . . EGORYJR‘. ., .‘L I. -, ..:.. ._ _ _‘- ‘:‘. r a- .? ‘. ._ __-, / I