HomeMy WebLinkAbout; Price, William and Diane; 75-004677; Future Improvement Agreement/Release’ . *
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---- RECORDING REQUESTED BY AND
WHEN RECORDED~lMAIL TO
CITY OF CARLSBAD l-200 Elm Avenue
Carlsbad, California 92008 Documentary Transfer Tax$ r/fL
- Computed on Full Valueof 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. mm Flrm.Name
FUTURE IMPROVEMENT AGREEMENT a,<, _ +"' of
OWNER : Wi lliatq T. Price and Diana D. Price
ADDRESS: 1355 Forest Avenue, Carlsbad, Ca. 92008 ’
DATED: z -j-/T-- -'q 1
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Assessor’s Parcel Nos. l$-llO-29and 30
PARTIES: The parties)to this agreement are the City of Carl&ad,
a municipal corporation of the State of California, hereinafter
referred to &s 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. CITY hereby approves the Parcel Spl it No. 237, Forest Ave.
as her. Planning Commission Resolution No. 950. i-..-
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 her'ein, Also shown for
convenience sake on Attachment A, attached hereto and made
a part hereof.
2.
3.
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, O?JNER shall
forthwith, at OWNER's sole cost and expense, prepare plans
and specifications, approved by CITY, for the construction l
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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.
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 perform
OWNER's said obligations ,and OWNER shall upon written demand
6.
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 CARLSBAD, A Municipal
Corporation of the State of California
STATE OF CALIFORNIA jss CO'JNTY OF SAN DIEGO ) -
in the year 4-b-r a l?otary Public in and for
the State, F r~~~~
to be Mayor of the City of Carlsbad, California,
, known to mt
and known to me
to be the person who executed the within instrument on behalf of
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1 the same.
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II
said public corporation, agency or political subdivision, and
acknowledged to me that such City of Carlsbad, California executec
WITNESS my hand and official seal. k&w- - r!.lFJDm-
OFFtClAL SEAL 4 Virginia M. Smith f8
'NOTARV PUBLIC - CALIf&IA d
~RWPAL OFFICE IN SAti DIEGO COUNTY
OWNER
OWNER . 1'
OWNER
STATE OF CAL,IFORNIA )ss
COUNTY OF SAN DIEGO ) - ‘.-
On November 29, 1974 , before me, the undersigned, a Notary
Public in.and for said State; personally appeared
William T. Price and Diana Dow Price
, known to me to be the person/s
whose name/s-is/are subscribed to the within instrument and t
WITNESS my hand and official seal.
A Signature Z
E. Lynne Riemer
NQTARY PUBLIC-CALIFORNIA
SAN CIEGO COUNTY
Name (Typed or' Printed) P. 0. Box 1247, Carlsbad, CA. 92008
Approved .as to form: ,
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.,.A. .s.* ,. , ’ J# - - 1 : * Exhibit "A"
!)A I<C&L ‘.. us I:
THAT‘PORTION OF THE SOUTHEAST QUARTER’OF THE SOUTHk’EST QUARTER
GF SECTION 310 TO\INSHIP 11 SOUTH, RANGE 4 WESTp SAN BERNARDINO .
i?ASE AND MERIDIANa IN THE CITY OF CARLSBAD, Iti THE COUl4YY OF
SAN DIEGOo STATE OF CALiFORNIAo ACCORDING TO OFFICIAL PLAT
THEREOF, DESCRIBED AS FOLLOWS8
DEGINNINC AT THE SOUTHEAST CORNER OF LOT 1 OF CEDAR HILLS ADDITION
AS SHOWN ON b?AP Nor 532~ FILED IN THE OFFICE OF COUNTY RECORDER
OF SAN DIEGO COUNTYD THENCE SOUTH 89*50’ WEST - RECORD NORTH 49059 l-/EST *
OF 527‘82 FEET
ALONG PHESOUTH LINE OF SAID MAP NOe 5320 A DISTANCE
TO THE NORTHEAST CORNER OF THE I ACRE PARCEL
OF LAND DESCRIBED IN DEED TO Ca ROY WORKMAN9 ET UXo RECORDED
/{ARCH 21~ 1956 AS DOCUMENY NOc 30581 OF OFFICIAL RECORDS3
CONTINUING SOUTH 89O58” WEST-9 97~57 FEET TO THE TRUE POINT THENCE
OF ~EGPKNINGS THENCE SOUTH 0*00’30” EAST9 lllrO0 FEET8 THENCE
SOUTH 89059’ -EASfe 21000 FEET8 THENCE SOUTH 0000’30” EASTP
70~00 FEET1 THENCE SOUTH 89059’ EAST, 76057 FEET TO THE EASTERLY
LINE OF SAID LAND! THENCE ALONG SAID EASTERLY LfNEp SOUTH 0*00’30”
EASTv 139060 FEET TO THE SOUTHEAST CORNER OF SAID LAND1 THENCE ALONG THE SOUTHERLYo WESTERLY AND NORTHERLY LINE OF SAID LANDp
!JORTH 09059° WEST, 132~07 FEET1 THENCE NORTH 0000’30” WEST9 a---_
’ 328964 FEET AND NORTH 89*58’ EASVP 34050 FEE? TO THE TRUE POINT
OF BEGINNING. .
6’5
-- . .-- . .- i. i;i..P-L.li-l. II .-. ..a ___...__ n_..u.. - c-- _ . . i .--:a1 _a_- .i -__. :: . . . a-. 7 ‘*-.---‘c’*- -t--y _- _____ ..- - . j I .I .
t --.’ ‘i j . *; - .
PARCEL TWO . : % ; - . \ . . .
THAT PORTION OF THE SOUTHEAST ()UARTER OF THE sOfJT7IWFsT QUARTER
OF SECTION 31, TOIWSHI P 11 SOtJTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF CAR’LSBAD, COUNTY OF
SAN DTEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL ,PLAT THEREOF,
_ DESCRIBED AS FOLLOb1S:
BEGINNING AT THE SOUTHEAST CORNER OF‘ LOT 1 CEDAR HILL
!
. ADDITION AS SHOLIN ON r,RP NO, 532, FILED IN TtiE OFFICF
OF THE COi?JTY RECORDER OF SAN DIEGO COIJNTY; THFNCF: SOlJTH 83°58' WEST (RECORD NORTH 83O59’ !J’=ST) ALONG THF SOUTH LINE
OF SA.ID RAP NO. 532 A DISTANCE? OF 527.82 FFET TO THE
NORTI1EASY CORNER OF T-H? 1 ACRE PARCEL 0F LAND DESCRIBFD
IN DEEP TO C. ROY blORKMAt4, FT UX, RFCORDED MARCH 21, 1956 AS ! !
DOCUMEtlT td0. 38581 OF OFFICIAL RECORDS, BEING THE TRUE
POINT CF WGINYING; THENCE CONTINUING SOUTH 83OSFI’. WFST 07.57 FEET; THENCE SOUTH O”Of1130”
SOUTH 89O53’
EAST 111.00 FEET; THENCE
EAST 21.00 FEFT: Tti?NCF SOUTH O”00’30’* EAST -
75.00 FFET ; ,iHENCE SOUTH 89’59’ EAST 76.57 FEET TO T!-IE
EASTERLY LINE OF SAID LAND; THENCE NORTH O”OO’30” \VEST 183.08
FEET -l-G T;iE TRUE ?OItJi OF REGINNING, : I L
EXCEPTI t4G THAT PORTION LYING SOUTHERLY OF THE SOllTHERLY LIxt’
OF ROAD SURVEY NO. 690 (FOREST AvEN\JE) AS SAID FOREST AVEF~UE WAS EXCEPTED IN DEED TO GUNNAR A. GUNNARSON, FT UX,
RfiCORDi’D ?EBR\JARY -1, 1964 AS DOCUMENT NC. 20050 OF OFFICTAL -.
RECORDS. 2 :
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1498 *
Parcel Split.NO. 237
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.
All construction shall conform to City standards at time the
work is done.
Exhibit "B"
30’
- %-%l46~y
3493 FILE/PA&iil~~
- I . I F.. I, ,Y ; 2. ,c. 2 , ’ **> /:qs'. . JAN b IO 26 AH ‘?s &.. ..* .I(.. ,) I :“‘,,. I.: ’ OFFfClALkECORDS ! *IL' SANDlEGOCDUNTY.CALIF~ HARl.LYF.BLODM RECORDER
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ATTACHMENT x