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HomeMy WebLinkAbout; Grieser, Michael and Kandee; 74-105620; Future Improvement Agreement/Releasec ir. 1 “. -\ <s . ...& : .( ., .- :.. __,_. ,. i %. ., Y ,i i .*;:a, + iii ,*+ ‘, we:*. ,q* a. 3 11 ’ 3 2 ? 1, 4 5 c 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 RECORDliU'G 'REQUESTED BY AND 770 fL-25- 'y WHEN RECORDED MAIL TO CITY OF CARLSBAD ._ 2 : -1200 Elm Avenue Carlsbad, California 92008 Documentary Transfer Tax$ N~L -Computed on Full Value of Property PAIL TAX BILL TO Conveyed, Owner Named on Line 7 at -' Or Computed on Full Value Less Lie --- and Addre!;s Named on Line 8 Encumbrances Remaining at Time CITY OF CARCSBAD a?239t Or 12' Irm ame Np FUTURE IMPROVEMENT AGREEMENT . of OWNER: Michael M'. Grieser and Kandee E. Grieser ADDRESS: 306 Olive Ave., Carlsbad, CA 92008 DATED : .c/ c- <-‘~ 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. CITY hereby approves f-he Parcel Split NO. 232, Wilson Street (Assessor's Parcel No. 156-142~131 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. 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 - P- O 748 w I.. ..j_. ,I . . _ _ ., . $ )‘ .~ .I. ,., .,) II ,~ ,, / .* i ‘1 I’ i : . -. -... 771 1 1 1, 1: 11 l! II 1' 14 1e 2( 2j 2: 2: 24 2k 2E .27 2E 2s 3c 31 32 4. 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. 5. In the event OWNER fails to act as required in paragraph 3 above, after written demand therefor by CITY, CITY may perforn 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 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 sa'id 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. 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: . Mayor 4 - STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) l On this 18th day of April # in the year 1974 I Se fore ii>? , Virginia M. Smith , a Notary Public in and Tar the State, personally appeared Robert C. Frazee , known t-o 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 -2: I’ ., *. _ . - _- 772 1 2 3 4 5 c 6 8 9 10 11 12 13 14 15 16 .17 I.8 39 20 21 22 23 24 25 26 Approved as to form: .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 Pi1lY’3”9? OFFICE IN i i SAN DIEGO COUNTY . t: My COMMWON EXPIRES MAY 9, 1977 [ ,&Q&QQliamg#g OWNER I I OWNER -- ~-~ OWNER STATE OF CALIFORNIA Jss - COUNTY OF SAN DIEGO ) ,. before me, the undersigned, a Notary d State; personally appeared I AK -AQ-f+& ', known to me to be the person/s whose name/s is/are subscribed to the within instrument and WITNESS my hand and official seal. Signature Ei- OFFICIAL SEAL I Virginia M. Smith .$ NOTARY PUBLIC - PlALlfOlrNlA r! PRINC(f%L OFFICE IN SAN OIEGO COUNTY Name (Typed or Printed) ,; ,3 4; cgy&&,& I\, c r’ Vincent F. Biondo, &?“ty Attorney -3- .,+ ’ ‘. -“: ps +232 - 773 -( rurrcJ AlV. ,A.“>” EXHIBIT "A" SCHEDULE A CONTINUED All that portion of Lot 4 of Wilsonia Tract, in the County of San Diego, State of California, according to Map thereof No. 2169, filed in the office of the County Recorder of San Diego.County, August 13, 1929, described as follows: Beginning at the most Easterly corner of said Lot 4; thence along the Northeasterly line of said Lot 4, North 34O33' West, a distance of 217.36 feet to a point, said point being the most Northerly corner of the land conveyed to George Ede, by deed recorded in Book 1711, Page 498 of Official Records of San Diego County; thence continuing North 34O33' West along the Northeasterly line of said Lot 4 of Wilsonia Tract, a dis- tance of 63 feet; to the true point of beginning of the property herein described; thence from said true point of beginning, South 5S027' West parallel with the Northwesterly line of said Ede's land, a distance of 200 feet to a point in the Northeasterly line of land described in deed to William Hines, et ux, recorded June 19, 1957, in Book 6628, Page 237 of Official Records; thence along said Northeasteily line, North 34O33' West to a point in the Southeasterly line of land described in deed to Myrtle Mullan, recorded January 31, 1951, in Book 3954, Page 315 of Official Records; thence along said Southeasterly line, North 55O27' East 200.00 feet to the North- easterly line of said Lot 4; thence along said Northeasterly line South 34O33' East to the true point of beginning. J?x. “A’ Form 3631 Chicago Title Insurance Company .: - ‘. l ,/* -‘.’ .v PARCEL SPLIT NO. 232. 1. 2. 3. 4. 774 mz1c5ggg) . - FILE/PACE NO,- 0OOlN74 EDRfOUES7OF OFFlClALRECO~fl SAN 01E00 C0ULJTY.C f Llf. HARLEY I'dLOW + RECORDER Grading and paving of adjacent publ5c right of way to its centerline except that portion improved to NO m 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. All construction shall conform to City standards at time the work is done.. . . Exhibit "B" _-~- --