HomeMy WebLinkAbout; Minnich, David and Ruby; 73-091447; Future Improvement Agreement/Release. .
f FUTURE IMPROVEMENT AGREEMENT
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO
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CITY OF CARLSBAD l-200 Elm Avenue
Carlsbad, California 92008 Documentary Transfer TaxS 0.00
- Computed on Full Value= 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.
of
OWNER : K.David Minnich and Ruby 1. Minnich
ADDRESS: P 0 Box 1141. Carlsbad. CA 92008
DATED: . 1973 I
PARTIES: The partiesj;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.
COVEbANTS: It is mutually agreed by the parties hereto as follows
1.
2.
3.
CITY hereby approves the Parce1 Split No* lg4
Juniper Ave. (Assessor’s Parcel No. 204-240-23)
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
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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 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 perforr
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.
LSBAD, A Municipal
f the State of California
STATE OF CALIFORNIA jss
COUNTY OF SAN DIEGO ) l
I in the year /773 ,
Public in and for
the State, Ms, known to mt
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
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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.
Signatur
OFFICIAL SEAL
MARGARET E. ADAMS
NOT;%' PUdLlC - CALIFORNIA
PRINCIPAL OFFICE IN SAN DIEGO CO'JNiY MY COMMISSION EXPIRES FEBRUARY 15, 1974 HMMMr-..u-.- ..-"YwwcNch
, OWNkR \
OWNER
STATE OF CALIFORNIA )ss
COUNTY OF SAN DIEGO ) -
On lnn&-H 3.3 /.W3 , before me, the undersigned, a Notary
Public in and for said State; personally appeared
hJINNlLlc/ /3lfb &4a / \ I bl/N/l)thJ I 8 known to me to be the person/s
whose name/s is/are subscribed to the within instrument and
Name (Typed or Printed)
Approved as to form:
OiFlClAL SEAL
JFPf!NlE BLANDFORD
KOTPRY PUSLIC- CALIFORNIA
PRINCIPAL Ot+ICE IN
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PS #1g4
Juniper Ave.
Minnich
Leqal Description
Lot 3, Block Q, Pa.lisades No. 2, in the City of Carlsbad,
County of San Diego, State of California, according to
Map thereof No. 1803, filed in the office of the County
Recorder of said County, August 8, 1924.
EXHIBIT “A”
I.981
. PS #?94
Minnich
1.
2.
3.
4.
5.
6:
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.
Participation in any improvement district formed for
the undergrounding of uti 1 ities.
Replacing existing 3” water line with a 6" line? on Juniper Ave.
Water line must be upgraded prior to the development
of Parcel No. 2.
All construction shall conform to City standards at time
the work is done.
Exhibit "B"
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