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HomeMy WebLinkAbout; Guglielmetti, Dorothy; 73-038796; Future Improvement Agreement/Release.* .,* <.” r .a v. I 2 z 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 2s 26 .27 28 29 30 31 32 RECORDING REQUESTED BY AND 7' -- WHEN RECORDED MAIL TO \y3- . . 2' CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 Documentary Transfer Tax$ NIL -Computed on Full Value of Propertr, 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 Cfrf df= cAaL~;/jE) Firm Name FUTURE IMPROVEMENT AGREEMENT of * . OWNER: DQ3=Pf;hy A. Guqbboet ti ADDRESS: _ 3501 Pear Blossom Drive Oceanside, CA 92054 DATED: February 6, 1973 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 he.reto as follows 1. 2. 3. CITY hereby approves the parcel split #187 .Chestnut Ave. (Assessor's parcel #205-260-20) on that certa,in 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; assessor's parcel no. 205-260-20 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 l.hereof, OWNER shall forthwith, at OWNER's sole cost and expense, prepare plans and specifications, approved by CITY, for the construction 1 1 1, II 1' 11 l! 2( 2: 2: 21 2: 2E -25 2E 2S 3C 31 3% 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 imp%ovements 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. 4. In the event title to said property or a part thereof is sold, 5. 6. 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 perforo 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 realaproperty, shall run with said real property, and shall create an equitable servitude upon said real property. 1888 - CITY OF CARLSBAD, A Municipal Corporation of the State of California By: Mayor STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) - Gn this -iid day o f " n the year /7m , before me, ,/'$4~/~/-&7,5? a Notary Public in and for the State, per&nally ap , known to rnE to be Mayor of the City of Carlsbad,'California, and known to me to be the person who executed the within instrument on behalf of -2- ,’ I i . - ,-a * ‘- I - . 1 2 3 4 5 6 7 a '9 10 11 12 13 14 15 16 17 1E 15 2c 21 24 2: 24 2i 2e *2'i 2E 25 3c 33 3: 1883 said public corporation, agency or political subdivision, and acknowledged to me that such City of Carlsbad, California executed the same. WITNESS my hand and official seal. OWNER OWNER STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) l 0; 27. January 1973 , before me, the undersigned, a Notary Public in and for said State; personally appeared Dorothy A. Guglielmetti known to me to be the person/s whose name/s is/are subscribed to the within instrument and WITNESS my hand and official seal. Name -(Typed or Printed) APPROVED AS TO FORM Vincent F. Biondo, Jr. City Attorney -3- , - . : . -’ . . 1. Grading and paving of adjacent public right of way to its centerline except that portion improved to City standards. 2. Construction of P.C.C. curb, gutter and sidewalk abutting all street frontages of property. 3. Planting of street trees or deposit bf monies with the City to plant said trees. 4. Installation of street lights and payment of 18-month energy charges as required by City Engineer. All the work is done. construction shall conform to City standards at time 1890 PS #187 Exhibit “B" ‘, 1 I* 1. . - ‘,;$YIg . Ll -L , 1891 ,- parcel split no, 187 That nortion of Tract 255, Thum Lands, in the City of Carlabad, County of San '.E.ego, State of California, according to the tip thereof No. 1631, fi.ltd in the Office of the Recorder of San Diego County, December 9, 1915, described aa follows: Commencing at a point on the center line of Chestnut Avenue, (formerly PA 334x County Avenue) distant thereon Eiorth 87"57'30" East L33.55 feet from the intersection of the center line of said Chestnut Avenue and Monroe Street as shown on said K&p; said paint being the Northweat corner of land deacrfbed in deed from the South Coast Land Company to f)rrin Thbmpson, et WC, dated September 19, 1935, recorded in Book 437, Page 214 of Official Records, in the Office of the &order of said County, thence following the Westerly line-of said Thcuqmon'e land South 28"39'00" East 227.45 feet to an angle point therein; thence South 61"21'00" Weat 59.55 feet to the TRlZ, POINT . OF BEGINNING; thence continuing a long said last mentioned course Soath 61"21'00" Weat 89.54 feet to the most Easterly corner of land described in deed from South Coast Land Company to C. A. Jack, dated March 8, 1929, recorded in Book 1629, Page 65 of Deeds; thence along the Northeasterly line of Jack's land North 28"39'00'! West 283.61 feet to the Southerly line of Chestnut Avenue deecribed in deed to the City of Carlsbad, recorded June 7, 1968 as File No. 95866 of Official Recorda; thence along said . Compiled Southerly line North 87=57'30" East 100.14 feet to a line which bears 9-22-72 North 28"39'00" West from the True Point of Beginning; thence South A-492941 28"39'00" Eaet 238.76 feet to the TROT POINT OF BEGINNING. assessor's parcel no. 205-260-20 .:,i*- .>. Z” :- /_ “ynn,$ -1 ‘- c 1 c\ , ‘I ‘. BJ I- ’ ’ 1 ; \# -. . . 1 I I .I / , -- - I,-- :s ; . ,-- I)\ 3 1u I-- I’ .--- f .-_- ,a tJ* 1 1 i-r , ;_:I c’. .- -- ke”1-i Ti/ -r\- -- L