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HomeMy WebLinkAbout; Lull, Melvin and Jeannette; 73-002190; Future Improvement Agreement/Release- ,, _ . . RECORDING RE, -ESTED BY AND WHEN RECORDEL @IAIL TO 127$1 - . I _ 1 2 3' 4 5 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$zzt or Firm Name Agent Determining FUTURE IMPROVEMENT AGREEMEWT of 7 1 OWNER: Melvin F. Lull and Jeannette L. Lull 8 ADDRESS: P-0. Box 548 Carlsbad, CA 92008 I 9 DATED: I%-37 -771 10 11 I PARTIES: The parties to this agreement are the City of Carlsbad, 12 ! a municipal corporation of the State of California, hereinafter 13 / referred to as CITY: and the person or persons mentioned on Line 7 14 of Page 1 hereof, hereinafter referred to as OWNER, without regard 15, to number or gender. 16 17 COVENANTS: It is mutually agreed by the parties hereto as follows: 19 1, CITY hereby approves the Parcel Split #190 19 Magnolia and Valley Streetsib$'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 26 / 27 il 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 -l- 1 2 3 4 5 6 7 8 9 10 11 i.2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 4. 5. 6. 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 -2- 1 2 3 4 5 6 7 8 9 10 11 i2 13 14 15 16 17 18 19 20 2% 22 23 24 25 26 27 28 29 30 31 32 ' 1272 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) -3- k,:,.i.,:. :iL orFlcE ir1 s[;,,i !,i;LS3 Ci)iJi\l; y My Csmmi:sisn Ex;i, es 03;Lw 15, 1976 --*~~-~~-~*.~~~~~~ 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 1. 2. 3. 4. 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 ____ -/’ r / 7 ] /--- N 28”’ 19\.ots”- - - I . . ._. 61’o~ i (% lOO.00 AS SSORS NO, “-!-I 0 -. 3 13 ,, E ‘\ /- ‘(1 I -_ ,* I r I , N 2 6 “39 ‘00” w I- I00 * 00 L,: ’ (NO. 205-230-22) ; w b 0 ;s 3 5 2 I- 8 Lr; - !c 1 (\1 I\ \--1 \ \ LJ E 8 1 i . -4 .__- 65.38%- ..J _* 6\.08. i -- ~^_ ^ ___ -_-_.. ..-__ _ __.- .-.-. -. ._... -- - -1 I I PARCEL SPLIT 1\10,,19(.l,,~ / I I I ATTACHMENT;i-l;'