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HomeMy WebLinkAbout; Scott, Robert and Barbara; 73-261170; Future Improvement Agreement/Release1 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 32 603 L RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 Documentary Transfer Tax$ IaL - 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. ci7'Y Of CAI?LSB&J P'lrm Name FUTURE IMPROVEMENT AGREEMENT Of OWNER: Robert E. Scott & Barbara J. Scott Suite 105 ADDRESS: 711 E. Walnut St. Pasadena, CA 91106 1473 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 m-entioned 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: : I 1. 2. 3. CITY hereby approves the Parcel Split No. 207 - Basswood Ave. and mev St-, (Assesor's Parcel # 205-052-03 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 here& 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 iisted 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 s and specifications, approved by CITY, for the construction -l- . 0 73-z I ‘.I . - 1 I 1 f s IC 13 12 12 14 15 16 17 18 39 20 21 22 23 24 25 26 -27 28 29 30 31 32 4. 5. 6. of said public improvements in the street frontage of said Froperty, 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 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 By: STATE OF CALIFORNIA jss COUNTY OF SAN DIEGO ) l On this day of in the year ./773 , before me," p)++ ,"c$ fl cc a_larE a Notary Public in and for the State, personally app pf C)ol/ll/2/e , known to IXE 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- .- I :. . . 1 .2 3 4 5 6 7 8 9 10 1-I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -27 28 29 30 31 3% . 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 SEAL MARGARET E. ADiiMS NOIARV PUBLIC - CALIFOIWIM PRlhdit’AL OFFICE IN S.41‘1 UILXO COLINCY MY .COMMISSION EXPIRES FEBRUARY 1.5. 1974 . OWNER OWNER OWNER STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) l On August 13, 1973 , before me, the undersigned, a Notary Public in and for said State; personally appeared Robert E. Scott and Barbara J. Scott I 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. I 7!5&~ ~L42 Signatur IXt%‘I M. CATES Name (Typed or Printed) Approved as to form: -3- - --- EVELYN M. CATES NOTARY PUBLIC-CALIFORNIA LOS ANGELES COUNTY “yCmnmiuionExpiresDac.29.1973 Jyy-yy-- 199 N. Lake Ave., Pasadena, Calif. 91109 I _ PS #207 . Basswood-McKinley LEGAL DESCRIPTION Those portions of Lots 16 and 17 of Patterson's Addition, City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 565 filed in the office of the County Recorder of San Diego County, September 22, 1888, described as follows: Be 8 inning at the most westerly corner of said Lot 16; thence North 55 27' East along the northwesterly lines of said Lots 16 and 17 a distance of 184.74 feet; thence South 34O33" East 360 feet to the True Point of Beginning; thence continuing South 34'33' East 258.53 feet to the southerly line of said lot 17; thence North 89OO3' West along the southerly line of said Lots 16 and 17 a distance of 227.19 feet to the southwest corner of said Lot 16; thence North 34O31'30" West along the southwesterly line of said Lot 16 a distance of 126.60 feet, more or less, to intersection with a line that bears South 55O27' West from the True Point of Beginning, thence North 55O27' East 184.90 feet to the True Point of Beginning. Exhibit "A" . . . PS #207 ( Basswood and McKinley 607 . 1. 2. 3. 4. 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 18imonth energy charges as required by City Engineer. All construction shall conform to City standards at time the work is done. ’ , E\xhibit "B" -,, I. . ‘4’.. 1.. 1 ,.I ., *’ 1 . \ / .p 6’ \ \;3 -Ra ,O \ - 3 u(Y, u 21 . . P.S. 207 MAP 565 - PATTERSON'S ADD - I.. 7346tl Oi’FICIAL rsLCORDS SAW611Ee0CDUNTY,CALIF. HARLEYF,BLOOM aeccmER w mT.:* 1.‘. “‘ , .