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HomeMy WebLinkAbout; Hughes, Joel & Dorothy; 73-126173; Future Improvement Agreement/Release_. . ? . . . ,q3 .- 1714 ‘, It’ 5 S -’ . . ( . . . . 2 ? c 4 E c E 'i E s 1C 13 12 a municipal corporation of the State of California, hereinafter 12 referred to as CITY; and the person or persons mentioned on Line 7 14 of Page 1 hereof, hereinafter referred to as OWNER, without regard 15 16 17 COVENANTS: It is mutually agreed by the parties hereto as follows 16 19 20 21 22 23 24 25 26 28 29 30 31 32 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF CARLSBAD 1200 Elm Avenue CarlsbaZ, California 92008 Documentary Transfer Tax$ Computed on Full Value of Property MAIL TAX BILL TO Conveyed, Owner Named on Line 7 at Or Computed on Full Vsl.ue Less Lie - Address Named on Line 8 and Encumbrances Remaining at Time of Sale. ry OF c;+nw~44 Firm Name FUTURE IMPROVEMENT AGREEMENT of OWNER: Joel C. & Dorothy F. Bughes ADDRESS: 3690 Highland, Carlsbad, Ca. 92008 DATED: PARTIES: The parties)to this agreement are the City of Carlsbad, to number or gender. 1. 2. 3. CITY hereby approves the parcel split#201- Stratford Lane and Knowles Ave. assessor's parcel no. 156-163-32 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 O'WNER 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 73-15 1 11 l! 21 2: 2: 2: 2t 2E 29 32 4. 5. 6, 7 . r ,” j ., -.. ._ _ _ . 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: Mayor STATE OF CALIFORNIA jss COUNTY OF SAN DIEGO ) l I c in and for , known to rn< 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 . * ’ , I i ! 1( 1: 1: 12 11 li U 17 1t 15 2c 21 22 22 24 25 26 -27 28 29 30 31 32 Wl6 said public corporation, agency or political subdivision, and acknowledged to me that such City of Carlsbad, California executei the same. WITNESS my hand and official Seal. MARGARET E. ADAMS kc)! -4 i OWNER STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) l On q-S-Q-73 , before me, the undersigned, a Notary Public in and for said State; person T c- LL4c 1~rr.s ly appeared 0-d 0)-A fiy I , 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) I. \-\;--.7 \.--,,--\, - , ~---- ,. .-. ::*, 1931 S. Hill St., Occansick, Calif. 92054 Appzoved as to form: . -3- ’ $??Acb~ s&s/r A/~. =,,, LEGAL DESCRIPTION That portion of the Northeast quarter of the Northwest Quarter of Section 4, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in theCity of Carlsbad, County of San Diego State of California, according to United States Government Survey, described as follows: Commencing at the Northwest corner of said Section 6; thence along the Northerly line of said Section South 89'59'00" East, 1946.69 feet, thence parallel with the Easterly line of said Northwest Quarter of Section 6, South 00' 55'00" East, 669.55 feet to the TRUE POINT OF BEGINNING, said point being the Southwesterly corner of a parcel of land conveyed to Cline Jones Myers, et ux, by deed dated March 17, 1930 and recorded in Book 1763, page 89 of Deeds, records of San Diego Count said Myer's land, 8) thence along the Southerly line of Notth 89 42'15" East, 121.01 feet to the North- easterly corner of said land; thence South 00' 55'00" East,294.52 feet to the Northerly line of the land described in deed to the City of Carlsbad, recorded September 15, 1965 as File No. 167289; thence along the Northerly line of said land, South 89' 52'38" West, 121.01 feet to the Northwesterly corner thereof; thence North 00°55'OO" West, 294.15 feet to the TRUE POINT,OF BEGINNING. EXHIBIT “A” ‘* I -’ ..I) . 17w 1. 2. 3. 4. 5. All Grading and paving of adjacent public right of way to its centerline except that portion improved to City Standards. Construction of P.C.C. curb, gutter and sidewalk abutting all street frontages of property. Planting of street trees or deposit of monies with the City to plant said trees. Installation of street lights and payment of 18-month energy charges as required by City Engineer. Items 1, 2 and 3 apply to Knowles Ave. frontage only. construction shall conform to City standards at time the work is done. Exhibit “B" n1.9 I56-16 s 89°5s’e toth7.-zt ‘Aa 0 S o”~~‘tZi 668.89’ Fno~ s.ss-59”~. ls&.b9~Aur --i 5 .od&‘~E. .&d#$b.?5sr F* NW.CaR !zp=.b~ 1 A-- u .w. COR . sec. 6 > l M R.S 691 t-z\.o\ C-L--- rt,.. I/~ -- - I .I , 0.75 AC. ~42.02 4 zn3 d’w -- 1 \Zi.O\’ _! .- ?i 4 ..- -2--a.--. -_.--- . ..- +L f-1, --n-l e ta TITLE id -__.- / :ZL G/ I-- I --c .; b’.‘L. u 3 .. - tr;a*.3r N. E’! COR. TCT. II7 . . 2 i MAP lea PLANT SERVICE “This pint is for your aid in.lorating your land. It k not a survey. While this plat is helw%ed to be correct. ihe Company .asume~ no Iiabiliiy lot any loss occurring by reason of &- liance therron:’ i j i / I: ’ Ig 1% I I t- f 1 i I I I I I i 1 ;+ 3 . 5 ) 1 * + E 4 30 1 .* ,\ u! 0 5 gi 0 u. l&P vi & SEC 6 - ?12S-RY'N - POR UE 11'4 OF Nh 11'4 ~~147 I;, 655 A-- ----.~ cI!Ex ~~--___--.~ ~~.~~~~ -