HomeMy WebLinkAbout; Parisi, Joseph and Etta; 73-009508; Future Improvement Agreement/Release11
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RECORDING REa”lESTED BY AND . . .../.--
WHEN RECORDL MAIL TO II 4
C ITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008 Documentary Transfer Tax $ L
- Computed on Full Value of Property
Conveyed, Or Computed on Full Value Less Liens
and Encumbrances Remaining at Time
of Sale
FUTURE IMPROVEMENT AGREEMENT
OWNER: IA). r I 05&-/3 7 AM
ADDRESS : 33 tJsc %k-4 c4kjd j&?r dL?
DATED: January 2, 1973
assessor's parcel numbers 203-130-15, 203-130-18, 203-130-20, 203-130-34
PARTIES: The parties to this agreement are the City of Carlsbad, a
municipal corporation of the State of California, hereinafter re-
ferred 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.
PROPERTY: It is mutually agreed by the parties hereto as follows:
I This future improvement agreement concerns that certain real property,
warranted by OWNER to be wholly owned by him, described on Exhibit
“A” 9 attached hereto and by this reference incorporated herein.
Also shown for convenience sake on Attachment A, attached hereto
and made a part hereof.
COVENANTS: It is mutually agreed by the parties hereto as follows:
1. CITY does hereby temporarily waive the req,uirement that OWNER
install through a proposed easement of said property, those
certain public improvements listed on Exhibit B, attached
hereto and by this reference incorporated herein.
2. Upon written demand therefor by CITY, addressed to OWNER at the
address mentioned on Line 8 of Page 1 hereof, OWNER shal 1 forth-
with, at OWNER’s sole cost and expense, prepare plans and
specifications, approved by CITY, for the construction of said
pub1 ic improvements in a proposed easement of said property,
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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 al 1 sa i d property, or as to any portion there-
of, and the failure by CITY to demand said work as to any of
said improvements shall not constitute a waiver by CITY of its
continui,ng 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 2
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 CARLSBAQ, A Municipal
Corporation of the State of Califorl
By~~~+?‘--&&~ .
ayof
STATE OF CALIFORNIA > ss
COUNTY OF SAN D IEGO > ’
Onthis 9 Jn? . - dayofQe , in the year LY73
Ar@.7-- m uLl&f< a Notary Public in anA for
Kw, /hIti (z , known
ifornia, and known
betore me, MAY
the State, pers/
to me to be Mayor of the City ofcarlsbad Cal
to me to be the person who executed the within instrument on behalf
of said pub1 ic 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
MARGARET E. ADAMS
NO?AkY PUBLIC-CALIkO,rNIR
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Joan C. Willis Name (Typed or Printed)
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\PPROVED AS TO FORM:
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OWNER
STATE OF CALIFORNIA) ss
COUNTY OF SAN DIEGO) '
3n December 11. 1972 ,before me, the undersigned, a Notary
Public in and for said State; personally appeared
4. Joseph Parisi and Etta K. Parisi ,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.
s ignature iz&2z ,
ooan C. Willis
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EXHIBIT "A"
That portion of Tract 117 of Carlsbad Lands, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof
No. 1661, filed in the Office of County Recorder of San Diego County,
March 1, 1915, described as follows:
Commencing at the most northeasterly corner of said Tract 117; thence
North 89O57' West along the northerly line of said tract, 1211.82 feet
to the True Point of Beginning: thence South O"O3' West 330.00 feet:
thence South 34O33' East 105.80 feet: thence North 55O27' East to a
point in the northeasterly line of the land described in deed to
Donald A. McLean, recorded July 19, 1952 in Book 4500, Page 83 of
Official Records being a point in the southwesterly line of the
California State Highway XI-SD-2-B; thence northwesterly along the
northeasterly line of said McLean land to said northerly line of Tract
117; thence westerly along said northerly line to the True Point of
Beginning.
Excepting that portion lying easterly of the following described line:
Commencing for reference at a point on the center line of Elm Avenue
distant along said center line North 55O58'03" East 617.13 feet from
the intersection of said center line with the center line Harding Street-
formerly Fifth Street-: thence North 34OO1'57" West 40.00 feet: thence
North 10°10'18" West 3.72 feet to the True Point of Beginning: thence
continuing North 10°10'18" west 315.51 feet: thence North 16O37'24"
West 175.70 feet: thence North 17O51'38" West 566.95 feet: thence
North 22"33'07" West 490.19 feet to a point on the center line of
Knowles Avenue, distant along said center line South 89"06'33" East
202.07 feet from the intersection of last said center line with the
easterly line of Block 13, Sunny Slope Tract of Carlsbad, according
to map thereof No. 995, filed in the Office of the County Recorder of
said county June 6, 1906.
The bearing and distances used in the above exception are on the California
coordinate system zone 6, multiply all distances used in the above desc-
ription by 1.0000472 to obtain ground level distances.
Together with the East 143.05 feet of that portion of Tract 117 of
Carlsbad Lands, in the City of Carlsbad, County of San Diego, State
of California, according to Map thereof No. 1661, filed in the
Office of the Recorder of said San Diego County May 1, 1915, bounded
by a line described as follows:
Beginning at a point on the North line of said Tract 117 and distant
thereon South 89O57'00" East, 658.95 feet from the most Northwesterly
corner of said Tract: thence continuing along said North line South
89O57'00" East, a distance of 671.05 feet to a point: thence South
OO"O3'00" West, a distance of 330.00 feet to a point: thence North
89O57'00" West, a distance of 671.43 feet to a point; thence North
OO"05'OO" East, a distance of 330.00 feet to the point of beginning.
The Westerly line of said East 143.05 feet being parallel with the East
line of the above described Tract.
Together with that portion of Lot 31 in Schell and Sites addition to
Carlsbad, in the City of Carlsbad, in the County of San Diego, State of
California, according to map thereof No. 2145, filed in the Office of
County Recorder of San Diego County, February 20, 1929, lying northeasterly
of the location and prolongation of a line which is parallel with and 50
feet northeasterly, measured along the southeasterly lot-line, from the
southwesterly line of said Lot 31.
Future Improvement Agreement
1. A new six inch water line, meeting the specifications of
the City Engineer, shall be constructed in a ten foot
easement running substantially parallel with and adjacent
to the westerly boundary of the property described on
Exhibit A attached to the Future Improvement Agreement,
and running from Grand Avenue to Laguna Drive.
2. One fire hydrant, meeting the specifications of the Carlsbad
Fire Department, shall be installed at the end of Laguna
Drive and such other reasonable fire protection appurtenances
as shall be designated by the Carlsbad Fire Department shall
be installed.
3. All construction shall conform to City standards at the time
the work is performed.
Exhibit "B"
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?3~oos5()~ :“, illE /PACE NO. BOOK1973 * .-
.. RECORDED REQUEST OF
&J&J-C& .cll'X CLERK
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