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Home My WebLink About; Grant, John and Mary, & Sonneman, Rudolph and Jane; 73-009509; Future Improvement Agreement/Release3 6 7 8 . 8 ‘ ld 11 12 . 13 14 . 15 l.6 17 COVENANTS: It is mutually agreed by the parties hereto as follows 18 .3-g 20 21 22 *23 2.4 25 26 -27 28 ,?, 29 30 .31 32 “” . . . l!ILc~l.I): ;:c; 31: ;::;'l'I;D Gy I'rl,:D \;'Iii;;J IlI~~CO!~Ill~~D ;*::7 li TO CITY OF C?\RT,SWiD 1200 El.m i\vcnuc -.. , /I’ .q> ‘,$/. “? ILL Carlsbad, California 32008 Documentary Transfer Tax $ r//c- * WJIL TXX BILL TO * Computed on Full Value of property Convevcd. - Or Comouted.on Full Vilue Less T.ipr Owner Named on Line 7 a Address Named on Line 8 t . and Encumbrances remaining at time &At s*e-/ FUTURE IMPROVEMEXT AGREEMENT of 0WNER:John H. Want, Harv C, Orant, II, s-e c. sonnenmn . 'ADDRESS:4056 Smlin@ Bd, Car&sbad, (?a. DATED: January 2,.1973 . assessor’s parcel no. 203-320-07, 203-320-11, 203-320-21, 203-320-23, 203-320-25. PARTIES: The parties to this agreement are the City of Cgrlsbad, a municipal corporation of the State of California,'hereinafter referred to as CITY; and &e person or persons mentioned on Line 7 .of Page 1 hereof, hereinafter referred to as OWNER, without regard to number or gender. ., . . I . 1. CITY hereby approves the parcel split 172 Grand Avenue . 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. . 2. 3, 0 CITY does hereby temporarily waive the requirement that OWN'ZR . 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 l,hereof, OWNER shall forthwith, at OWNER's sole cost and expense, prepare plans and specifications, approved by CXTY, for the construction - l- . . . 0, 73-2 . . 9 . . (I . . . .P . , - ‘! . l( 1: 1: . 1: 12 1: 1E 17 u . 1% 2c 21 22 23 24 25 26 28 29 30 31 32 4. In the event title 'to said property or a part thereof is sold the herein stated obligati'on shall automatically also become the obligation of the new owner. 5, 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 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. . - ,131 q-q - 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 s,aid work as to ail 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'constitu.te a waiver by CITY of i,ts continuing right to demand such wori< in the future. . * CITY OF CARLSBAD, A Municipal Corporation of the State of California By: Mayor STATE OF CALIFORNIA ')ss CO?J_NTY OF SAN DIEGO ) l . in the year /s$?? , Public in and for the State, , known to rnE to be Mayor of the City of Carlshad, California, and known to mc to be the person who executed the within instrument on behalf of s 1 . . . , *. c ‘w 1 2 z WITNESS my hand and official seal. 4 5 6 l . lb 11 12 13 14 15 16 i7 , I 18 .19 20 . . 21 t 22 23 24 25 26 -27 28 29 . 30 31 32 . - said public corporation, agency or political subdivision, and acknowledged to me that such City of Carlsbad, California executed the same. Signature J$ OFFICIAL SEAL STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) - . On , before me, the undersigned, a Notary Public in and for said State; personally appeared known to me to be the person/s whose name/s is/are subscribed ti the within instrument and WITNESS my hand and official seal, Signature Name (Typed or Printed) . -3- . . . Individual Acknowledgment STATE OF CALIFORNIA COUNTY 06AN DIEGO > ss. On9 before me, the undersigned, a Notary Public in and for said County and State, personally appeared JOHN H. GRANT and MARY C. GRANT and RUDOLPH H. SONNEMAN and JANE C. SONNEMAN known to me to be the person& whose name- subscribed to the within instrument and acknowledged that- executed the same. I Notary Sea’ I WITNESS my hand and official seal. I rxCIC*-----B .‘PGF > OFFICIAL SEAL W. JOSEPH PARISI NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY v MyCommissir;n ExpiresSept. 12.1973 I Notary Public in and for said County and State P. 0. Box 92, 305 Elm Ave., Carlsbad, Calif. 92008 - . . . ..e- .^ 7. EXHIBIT "A" Dcscriqtion of oro*lcrty on the West side of the San Diego FreeRJay between Elm Ll Avenue and Grand Avenue, Carlsbad, California, to be encumbered by future imqrovement agreement. Parcel 1: That tJortion of Tract No. 1.17 of Carlsbad lands, in the City of Carlsbad, . County of San Diego, State of California, according to map thereof No, 1661, filed . in the office of the County Recorder of San Diego County, March 1, 1915, described as folf ows: COMMENCING at the point of intersection of the centerline of Elm Avenue tiith the centeriine of Harding Street, as shown on City of Carlsbad Engineers Field Eook 19 page 5 on file in the office of the City Engineer of the City of Carlsbacl, California; thence North 55’ 27’ 00” East along the centerline of Elm Avenue 411.97 feet; thence Norih 34’ 33’ 00” West 40 .OO feet to a point in the Northwesterly right of way line of Elm AvenueI said point being the TRUE POiNT OF BEGINNING; thence continuing North 34 3~ O 91 00” West 170.00 feet; thence North 55’ 27’ 00” East parallel with said ccnterline of Elm Avenue a distance of 280.31 feet to a point in the Westerly right of way line of the St: Dieyo Freeway (Interstate 5); thence South lo* 41’ 09” East along said Westerly line 182.31 feet to an angle point therein; thence South 48O 22’ 27” West along said Westerly line 26.59 feet to a point,in said Northwesterly line of Elm Avenue; thence South 55’ 27’ 00” West along said .NorthwesterIy line 180.17 feet to the TRUE POINT OF BEGINNING. Parcel 2: That portion of Tract No. 117 of Carlsbad lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1661, filed in the office of the County Recorder of San Diego County, March 1, 1915, described as follows: COMMENCING at the point of intersection of the centerline of Elm Avenue with the Centerline of Harding Street, as shown on City of Carlsbad Engineers Field Book 19 oage 5 on file in the Office of the City Engineer of the City of Carlsbad, California; thence North 55O 27’ 00” East along the centerline of Elm Avenue 411.97 feet; thence North 34O 33’ 00” West 40 .OO feet to a point in the Northwesterly right of way line of Elm Avenue, thence North 34O 33’ 00” West 170.00 feet to the TRUE POINT OF BEGINNING; thence North 34O 33’ 00” West 55.19 feet; thence North 55O 27’ 00” East 133.22 fept; thence North 34O 35’ 37” West 161.52 feet to a point in a curve concave Westerly having a radius of 50.00 f&et, a radial line through said point bears South 63’ 33 ’ 27” East; thence Northeasterly, Northerly and Northwesterly along said curve through a central angle of 60’ 59’ 45” an arc - l I- . 1 * - 13~, r -2- . distance of 53.23 feet; thence North 34’ 33’ 12” West 20.00 feet to a point .in the centerline of Grand Avenue; thence North 55’ 26’ 48” East along the center- line of Grand Avenge and the prolongation thereof a distance of 224.95 fee’t to a point in the Westerly liile of the San Diego Freeway (Interstate 5) ; thence South 17’ 10’ 40” East along said Westerly line 166.24 feet to ai1 aljgle point therein; thence South 10’ 41’ 09” East along said Westerly line 133.18 feet to a point in a line that is parallel with said centerline of Elm Avenue and passes through the TRUE POI NT OF EEGI NNING; thence South 55O 27’ 00” West parallel with said centerline of Elm Avenue a distance of 280.31 feet to the TRUE POINT OF i BEGINNING. EXHIBIT “A” CGB: g/22/72 ~+-;,-~,T‘g’j, “r,,“:,.t’7” & ASCJ-JCIA’-f== r_. - 9@0 ORANGEFAIR LANE, ANAHEIM, CALIfORNiA 92801 Telephone 17141 878.1253 (213) 860.6595 i 2 29 HAR’Y STRE:T, SAH RdfdEL. CALliKIId 94901 Telr;hone I4151 r157XtW \ ‘- AC ---e-z I I : . . E 1 \ I : I fjy-- -A $ 8e55*zr’oo”E /33.24 ’ PARCEL 2 2. PARCEL I \ * I t. M-53*2+ b0-z.C &G’./+’ ..vc/48’22’z7”E z&.59’ idO.00’ --**-- * k N5s~z7i7o-E a.. 97’ ELM AVE. 0 /uJa-s’/z’~ 20.00’ @ N55*zb’&“E Rm Q N63*33’27’w RdL2 B, A/Z7*37’-f!S*E R&D. Q$;m~v&y 1’27.13’ Q /%w*.3s ii?“&/ 30.00’ @A*/52’/0’57” R . f3. c-?o , L= /i52!.iSO’ 1 d f *. J ; ‘.j _ I 1 T- 7 ,fl. J I, s7y/2 & a..” - , ATTACHMENT “A” / 1. 2. 3. 4. 5. 6. EXHIBIT "B" Parcel split 172 Grand Avenue 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. Replacement of existing 6" sewer line with 8" sewer line in Grand Ave. from Hope Ave. to easterly terminus of Grand Ave., or construction of new 6" sewer line with existing 6" sewer line remaining in operation. The applicants shall comply with all of the conditions of item 5c of specific plan ordinance no. 9298, section So All construction shall conform to City standards at time the work is done. NO FEE __- .._-__-___ -_- -... -.---__~.-- .--.__ ____-_