HomeMy WebLinkAbout; Rumsey, Edgar and Marilyn; 131070; Future Improvement Agreement/Release. .
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j / RECORDING REQUESTED BY AND 2. Y' WHEN RECORDED HAIL TO I -4
CITY OF CARLSBAD .lEOO Elm Avenue
Carlsbad, California 92008 Documentary Transfer Tax$ 0.00
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.
FUTURE IMPROVEMENT AGREEMENT
of
OWNER: EDGAR RUMSEY and MARILYN L. RUMSEY, as joint tenants.
ADDRESS: P. 0. Box 423, Valley Center, California
DATED: gd( :, -z
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 apartment development at
144 Sequoia (R&M Zone) .
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 perforn
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 p,roperty, shall run with said real property, and
shall create an equ itable servitude upon said real property.
CITY OF CARLSBAD, A Municipal
Corporation of the State of California . Y-7 -
By:
Mayor
STATE OF CALIFORNIA )ss
COUNTY OF.SAN DIEGO ) l ..I .
“- . a’, .+
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in the year /pTs ,
before me, ji'/lp,r ublic in and for
, 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
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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. - OFFICIAL SEAI MARGARET E. ADAMS
N01hdY PUBLIC-CALIFORNIA
PRINwAL OFFICE
OWNER
STATE OF CALIFORNIA )ss
COUNTY OF SAN DIEGO ) -
On PAY t, /57& , before me, the undersigned, a Notary I Public in d for said State; personally appeared
L53 G.VR ,p/a-ec{ t4nco /~J,ww~k L, 6 oq.sEq I I I I , known to me t6 be the person/s
.whose name/s ?&/are subscribed to the within instrument and
WITNESS my hand and official seal.
Signature
Name (Typed or Printed)
.r.
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_- 1395
LEGAL DESCRIPTION - RUMSEY
Lot 7, Block H, Palisades, Map No. 1747, filed in the Office
of the County Recorder, San Diego County, on February 5, 1923.
(Assessor's Par No. 206-011-7)
l EXHIBIT "k"
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. . 1396
RUMSEY
1.
2.
3.
4.
5.
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.
Participate in the replacement of the existing 4"
water line in Sequoia Avenue with a 6" water
line.
Participate in any improvement district formed to
underground utilities and/or install ornamental
street lights on Sequoia Avenue.
All construction shall conform to City standards at the
time the work is done.
Exhibit "B"
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. ,* 139r - 8 RUMSEY -
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b,,i/fl,$SC y" 1310'70 1;' f l -: . .
eZi9T2 c RECOROEOREQUESTOF
CITY CLERK
OFFICIAL fiECORDS SANDlEGOCDUNTY.CALIF. HARLEYF.BLOOH RECORDER