HomeMy WebLinkAbout; Lull, Melvin and Jeannette; 73-002190; Future Improvement Agreement/Release-
,, _ . . RECORDING RE, -ESTED BY AND
WHEN RECORDEL @IAIL TO 127$1 -
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CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008 'Documentary Transfer Tax $ 0.00 - Computed on Full Value of Propert
MAIL TAX BILL TO Conveyed, - Or Computed on Full Value Less
Owner Named on Line 7 at Liens and Encumbrances Remaining
Address Names on Line 8 at Time of Sale
Y,i52. c”#Y OF ~~5tsSD Siggature of.Decla$zzt or Firm Name Agent Determining
FUTURE IMPROVEMENT AGREEMEWT
of
7 1 OWNER: Melvin F. Lull and Jeannette L. Lull
8 ADDRESS: P-0. Box 548 Carlsbad, CA 92008 I 9 DATED: I%-37 -771
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I PARTIES: The parties to this agreement are the City of Carlsbad,
12 ! a municipal corporation of the State of California, hereinafter
13 / referred to as CITY: and the person or persons mentioned on Line 7
14 of Page 1 hereof, hereinafter referred to as OWNER, without regard
15, to number or gender.
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17 COVENANTS: It is mutually agreed by the parties hereto as follows:
19 1, CITY hereby approves the Parcel Split #190
19 Magnolia and Valley Streetsib$'asse&or's parcel #205-230-21
20 on that certain real property, warranted by OWNER to be wholly
21 owned by him, described on Exhibit A as parcel B-l, attached
22 hereto and by this reference incorporated herein. Also shown
23 " for convenience sake on Attachment A, attached hereto and made
24 a part hereof.
25 2 . CITY does hereby temporarily waive the requirement that the
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OWNER of parcel B-l install along the street frontages of
parcel B-l and parcel B-2 those certain publ$e,,improvements * s j : .,,, ". 'I.* > . ..,.,, ‘ : .T--' j5 28 .( listed on Exhibit B, attached hereto and b.y,this reference J 29 .* .3 ". incorporated herein. !*‘ *
30 3. Upon written demand therefor by CITY, addressed ,to OWNER at ';
31 the address mentioned on Line 8 of Page 1 hereof, OWNER shall
32 1 forthwith, at OWNER'S sole cost
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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, re imburse 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 parcel B-l, and shall run with said
parcel B-l, and shall create an equitable servitude upon said
parcel B-l.
1271
and specifications, approved by CITY, for the construction of
said public improvements in the street frontages of Parcels
B-l and B-2, 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 parcels B-l and B-2, 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 Parcel B-l or a part thereof is sold,
the herein stated obligation shall automatically also become
the obligation of the new owner.
CITY OF CARLSBAD, A Municipal
A I Corporation of the State of Californ:
By: Mayor
STATE OF CALIFORNIA )ss.
COUNTY OF SAN DIEGO )
in the year/y.% , before me,
in and for the State, 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 said public
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corporation, agency or political subdivision, and acknowledged to
me that such City of Carlsbad, California executed the same.
WITNESS my hand and official seal.
Signature
OWNER
OWNER
STATE OF CALIFORNIA )ss.
COUNTY OF SAN DIEGO )
On &&~+,&J /f. /97-z& , before me, the undersigned, a Notary
Public in and for said State, personally appeared H&;d,K 4~~.
AN3 J E.&Y/V&TTS5 L. L4.u I known to me to be the person/s
whose name/s -i&are subscribed to the within instrument and
WITNESS my hand and official seal.
Name (Typed or Printed)
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k,:,.i.,:. :iL orFlcE ir1 s[;,,i !,i;LS3 Ci)iJi\l; y
My Csmmi:sisn Ex;i, es 03;Lw 15, 1976
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LULL 227;x -
LEGAL DESCRIPTION
Parcel B-l
That portion of Tract 250, Thum Lands, in the City of
Carlsbad, county of San Diego, state of California,
according to map thereof No. 1681, filed in the Office
of the Recorder of said County, described as follows:
Beginning at a point on the southwesterly line of said
Tract 250, distant thereon North 28O39'00" West 100.00
feet from the most southerly corner thereof: thence
continuing along said southwesterly line North 28O39'00"
West 61.08 feet: thence leaving said line North 61"21'00"
East 155.46 feet: thence South 28O39'00" East 61.08 feet: thence South 61"21'00" West 155.46 feet to the Point of
Beginning. Containing therein 9495 square feet.
Parcel B-2
That portion of Tract 250, Thum Lands, in the City of
Carlsbad, county of San Diego, state of California,
according to map thereof No. 1681, filed in the Office
of the Recorder of said County, described as follows:
Beginning at the most southerly corner of said Lot 250;
thence along the southwesterly line thereof North 28O39'00"
West 100.00 feet: thence leaving said line North 61"21'00"
East 80.46 feet: thence South 28O39'00" East 100.00 feet
to the southeasterly line thereof: thence along said line
South 61°21'OO" West 80.46 feet to the Point of Beginning.
Containing therein 8046 square feet.
Exhibit "A"
1274
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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 parcels B-l and B-2,
Planting of street trees or deposit of monies
with the City to plant said trees.
Installatio R of street lights and deposit of monies for 18 mont s of street light energy, ,~
All construction shall conform to City standards at the
time the work is done.
Exhibit "B"
i 4 ,<’ 1275
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-1 I I PARCEL SPLIT 1\10,,19(.l,,~ / I I I ATTACHMENT;i-l;'