HomeMy WebLinkAbout; MacDougall, Allan & Donna; 73-021395; Future Improvement Agreement/Release- > . ,..c . *”
, . .a
ss
1
2
3
4
.5
6
7
8
,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 I/ I/ /! !I
/I
-- .- 142.1. vi- , /J-'
RECORDING REQUESTED BY AND .I?
WHEN RECORDED MAIL TO ,.3+
CITY OF CARLSBAD 1200 Elm Avenue
Carlsbad, California 92008 Documentary Transfer Tax$A&O
- 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. [/7-y Of Ckwu-RC)O
rfiJaew Or F- lrm N ame
. FUTURE IMPROVEMENT AGREEMENT
of
OWNER: Allan K. MacDouqall and Donna H, MacDougall
ADDRESS: 1331 Chinquapin Carlsbad, CA 92008
DATED: t I-,: .;=j
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 hereto as follows
1.
2.
3.
CITY hereby approves the parcel split No. 178,
Hiqhland Street and Chinquapin Ave.
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 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 73-5
.1422 - . , ,i. -. \
. . * 1
. .
;
,
4
E
s .
1c
II
12
13
14
15
16
17
18
'19
20
21
22
23
24
25
26
.27
28
29
30
31
32
4. In the event title to said property or 'a part thereof is sold,
5.
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 perforn
6.
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
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 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.
in said real property, shall run with said real property, and
shall create an equitable servitude upon said real property.
72 d!9 4
CITY OF CARLSBAD, A Municipal
Corporation of the State of California
Mayor
STATE OF CALIFORNIA Jss
COUNTY OF SAN DIEGO ) l
On this ??nd day of .,1;1?), , in the year 1973 ,
before me, MAWFT Fe @J&4< a Notary Public in and for
the State, personally appeared DA&M. DLJNNF , known to rnf
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-
1423 . . . ‘,.
r. c
. 13
14
15
16
17
18
19
20
21
22
2=4:
24
25
26
28
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.
IVARGARET E. ADAMS
OWNER
r&TA&a Il OWNER
OWNER
STATE OF CALIFORNIA )ss
COUNTY OF SAN DIEGO ) -
On 12 December 1972 , before me, the undersigned, a Notary
Public in and for said State; personally appeared u K.
MacDougall and Donna H. MacDougall - - - - - - - - - - - - - - - - - - - - - -- -- -- - - - - - -- - - -- - - ! 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.
-3-
OFFICIAL SEAL
ROBERT H. SONNEBORN
NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
MY COMMISSION EXPIRES MARCH 20. 1974
MacDougall - PS #178
Assessor's no. 206-140-38
Legal Description
That portion of Tract 243 of 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 County Recorder, San Diego
County, December 9, 1915, described as follows:
Beginning at the intersection of the center lines of Chinquapin
Avenue and Highland Street as shown on said map; thence along the
centerline of Chinquapin Ave. South 61"21'00" West 138.10 feet to
the most westerly corner of land described in deed to 0. W.
Hesselbacher recorded as file no. 101427 0-R.; thence along the
southwesterly line of said Hesselbacher's land South 28O39' East,
30.00 feet to the TRUE POINT OF BEGINNING: thence continuing along said southwesterly line South 28O39' East, 233.33 feet to a point
of intersection with the southeasterly line of Tract 243, map 1681;
thence along said southeasterly line North 26O12'09" East (record
North 26Oll' East) 132.20 feet to a point of intersection with the westerly right of way of Highland Street: thence along said
westerly right of way North 28O39' West, 157.22 feet to the point
of intersection with the southerly right of way of Chinquapin Ave.:
thence along said southerly right of way South 61°21' West, 108.10
feet to the TRUE POINT OF BEGINNING.
Containing therein 21,109 sq, ft.
Exhibit "A"
e d , :
. . JIacDougall PS # 8 1425 -
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 'of 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 construction shall'conform to City standards at time
the work is done.
. ._ ’
.;:
Exhibit "B"
x4:26 . I . .. 1 :
-~__
_.-_.
-_-.
_
._._. -
_..
_-__._ r --- ___ _ __- . .-. _ --.-. -... __-
.
iacDougal1 - PS #178 \ ‘\.
\
‘\
PO02 i \ .j \
.
‘c:, -\
9 \ \
_._-.. -_--- .__... _.~_ ._.__ -..- _...._....-.C.-__ -_ ._. . ~. -_ .-. ._.. _ .-. ._.-_ ,. ..__.. _.-- ._ . . . . . ..-..-----..-.- -.- -..-
---.-. - ---. _... -__- . ._~ .__-- _ ._ __.__ i+GvT?vCM~~S~I~ ____ _ ______. . ..__ _ %$Y 4_. .-.--:i _-L ___ _ ._.
_.
-_ ._-- .^_. . - .-.* -.__-- , .-.- *---- T -.-. - - _ ..- _ r.. ._-_ .-,.___; .-.- . __._ ._, ._ _ _~_~_ f -. - -- *-- -. ---- --- ---.-- ~-.----. 1- (-jFFlCikl ;iL.u~RoS - -. - _ -.SaNmr~@jN~y.~-.. .__ : -1--....... -._^-. : -- .---~. .---. . -.._- ~. _____ .__ -.._.__ _ ..-
HARLEY F.BLOOM ..,. _ -._ ..IIECfjf#ER. -. . ._ :. t ~_~ ..: ._‘....._. ___. -. _._ . . ..~ .- . ..- . . .
. _---- , . .._ . . ,..-. ._____ - ____..____ .__ _ ..__ .._._ *. .--_~ .
_ - -__. .-.A .--.- --.:.-..--- ,
. -_- . . ___ __._...... _ ._,_ -. -. -._. -.. ~- ~ : _ .-. .----. -..- -L..- .._ - ..-.- .--....--r-.----- 1 -I-.- 7 -- - .-. I ” 1