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HomeMy WebLinkAbout; Lebert, Adrian; 74-140559; Future Improvement Agreement/Release5.q.,y ,. ;, <I, . . . -.I.,!.. . .: .” _‘,V ,* .i p??*.‘*^I ,>.. / ‘_ .*I* z -< _. ,,.. , _* ._,,_ .‘...( ,’ ..I I . ..’ : j; - . - . . _ ,_ Li c;, i 3 2 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 .27 28 29 30 31 32 .I I !I II !I .I[ It // I. ii (I II I; RECORDING REQUESTED BY AND 1559 SF- gy-- 7r/ OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 Documentary Trans'fer Tax$ N rL= - Computed on Full Value of Property 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 of Sale. crryofcBm Flrm,Name FUTURE IMPROVEMENT AGREEMENT of OWNER: Adrian ADDRESS; 9326 W. Heaney Cir. Santee, CA 920'71 DATED: May 21, 1974 * PARTIES: The parties)to.this agreement are the City of Carlsbad, a municipal corporation of the State of California, hereinafter referred to is 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 narce] snllt ~700 . ine and Mr?Klnle * assessor no. 205-051-04 and 05 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 O'WNCR at the address mentioned on Line 8 of Page 1 hereof, OWNER shall forthwith, at OWNER's sole cost and espense, prepare plans and specifications, approved by CITY, for the construction ' - I.- a 1 1 . . . f : t 5 IC 1'1 12 12 14 15 16 .17 18 79 '20 21 22 23 24 25 26 .27 28 29 30 31 32 4. 6. 1560 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 sa?d . work as to all 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 constitute a waiver by CITY of its continuing right to demand such work said property or a part thereof.is sold, in the future. In the event title to the herein stated obl the oblcgation of the .gation shall automatically also become 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 )ss COUNTY OF SAN DIEGO ) l ' On this _d&4 t in the year r97+ , before me, VtgLb iA 4% C&ff a Notary Public in and for the State, personally appearedBp&7- (", F~A,E= , 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 -2- L ..: ,.:.: *‘ii. ‘:. <-, % ~,:~n -:I ,-,b ,‘,,rw *, “, a*’ ), .~ < i :; !),. . _, 7” <‘u’ ;.“><.%,A ,.. #,.,,:‘.~ 1 ., ,. / . . . . (. ..>., ‘< : i,- L s,.- I I ; . *_ “W_ -_ I 1. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 Approved .as to form: .27 28 29 30 31 32 1561 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. NOTARY PUBLIC - CALlFOhNlr ’ ; PRINCIPAL OFFICE IN SAN DIEGO COUNTY -- 2. -=: MY COrjlMlSSlON EXPIRES MAY 9, 1977 T,il~~,,~~~--.- j OWNER \ OWNER STATE OF CAL.IFORNIA )ss COUNTY OF SAN DIEGO ) - On /a;++@+ I54 /4 7% , before me, the undersigned, a Notary Public'in.and for said State; f LEDER.7: personally appeared n/+?/fiLnf . I known to me to be the person& whose name/-'is/M subscribed to the within instrument and ( WITNESS my hand and official seal. Signature b-, f &a Name (Typed or' Printed) NorAp PUrjL.IC 1 r;tlil~ P R I N C I PA I. 0 t P I’< t SAN @IEGO l:Wl~l IV ( MY COtl~dlSSl0N EXPIRES Irlrl5 i'i iv15 ,rc4-..sc.P-j-c -"J-ILL c .-e-c* i c . -3- .: . . . TYPE:?l?i'D CO?!P :$@f ( EXHIEI!? "!L" 1562 PX.#zm PARCEL 1: . . Those p,ortions of Lots 17 and 18 ofoPatt!erson's -Addition to the Town of'carlsbad, In the City of Carlsbad, County of San Diego, State of California, according to >[ap thereof Ko. 565, filed in the Office of the County Xecorder of San Diego County, September 22, 1888, described as follows: ~A92 Commencing at the most Vesterly co&e, of Lot 16 of said Patterson's Addition; thence along the Northwesterly.line of &aid Lots 16 and 17, Korth 55"2j'OO'i East, 308.74 feet to the TKUE POIX' .OF BEGI:!XIXG; thence South 34'33'00;' East, 160.00 feet; thence parallel with the Northwesterly line of said Lots 17 and 18, Xorth 55"27'00" East, 60.74 feet; thence North 34"33'00" \:rest, 160.00 feet to the Northwesterly line of sa.id Lot 18; thence along said 2:orthwesterly line to and along the Korthwesterly line of said Lot 17, South 55"27'00" West, 60.74 .. ;' feet to the TRUE POIX OF BEGINNING. PARCEL 1 A: That portion of the Southeasterly 10.00 feet of Pine Avenue lying within Patterson's Addition to the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to :?ap thereof Xo. 565, filed in the&Office of the County Recorder of San Diegd County, September 22, 1888 h as vacated and closed to public use June 2,, 1959 by Resolution ?:o. 559 of the City Council of the City.of Carlsbad, recorded June 16, 1959 in Book 7719, Page 58 of Official Records, lying Xorthweste.rly of and adjoining the >?brthwesterly line of Parcel 1 hereinabove described. PARCEL 2: That portion of Lot 17 of Patterson's Addition to the Town of Carlsbaci, in the City of Carlsbad, County-of San Diego, State of California, according to ::ap thereof ::o. 565, filed in the Office of the County Eecorder of San Diego Count:;, September. 22, 1888, described as follows: PA 78 Commencing at the most Westerly corner of Lot-16 o-f said Patterson's Addition; thence along the XorthwesWrly line of said Lots-16 and 17, ‘forth 55"27'00" East, 244.74 feet,' to the TFUE POIX'Z OY ZXTS>!I?<G‘; thence South 34".33'00': East, 160.00 feet; thence paraLLel,with the Sorthwesterly Line of said Lot, Zorth 55"27'00" East, 64.00 feet; thence Sorth 34"33'00" f:Test, 160.00 feet, to the biorthwesterly line of said Lot 17; thence along said Sorthwesterly line South 55"27'00" Vest, 64.00 feet to tie TRUE POINT OF BEGINSISG. I PARCEL 2 A: That portion of the Southeasterly 10.00 feet o'f Pine Avenue l;:ing within Patterson's Additioti to tile Town of Carlsbad, in.'tile City of Carlsbad, County- _' of San Diego, State of California, according to >!ap thereof So. ,565, filed in the Office of the Cour.ty Recorder of San Diego County, September 22, 1888 as vacated and closed to public use .Tune 2, 1959 by Resolution So. 559 of the ?yp ed 3-11-74 City Councrl- of the City of Carlshad, recorded June 16, 1959.in.Book 7719, Page 58 of Official Kecords, ~-518322 lving Korthwesterly of and adjoining the,Sorth- westerly line of Parcel 2 hereir.above de'scribed, . . . : : EL 3.’ . ; .* . L 1. 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. construction shall conform to City standards at time the work is done. *Exhibit "B" . . PiibfE A.UEfiJUE -- -*- - -- c -I \’ . 1 : ’ _ I’ -g j_ . b ; ‘ ---I. , ST /- . : _. I, , , , y 2I PS #200 cu 1364 ‘.; .D . ATTACUh+&i+)$*. ! A---- N &.&To 27’ OLf’E /24.74’ . -----WA ; 1 lu 9 4 : ‘9 ‘u P 8 . I ‘. I ! i - 4. Q CX) q k C J ’ /24.7#* I -e--7 / &----- I \“, I . . ’ I . h i I 2 I ,! .: $ ?I? fi I‘ Q K I