HomeMy WebLinkAbout; Gillingham, Robert & Bertha; 73-191014; Future Improvement Agreement/ReleaseE
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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
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&%!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
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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
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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
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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"
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