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HomeMy WebLinkAbout; Smith, Dale and Eleanor; 74-089230; Future Improvement Agreement/Release: ‘, c *** - 1 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 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO y-9'.7y CITY OF CARLSBAD l-200 Elm Avenue Carlsbad, California 92008 Documentary Transfer Tax$ NIL - 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 Encutnbrances Remaining at Time of Sale. City of Carlsbod Firm .Name FUTURE IMPROVEMENT AGREELMENT - of OWNER: Dale W.. Smith and Eleanor G. Smith ADDRESS; 15918 Gresham St., Sepulveda, CA 91343 . DATED: z, I97ct . u 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. CITY hereby approves the Parcel Split No. ZlO- Wilson St. and B;enq Vista Way (Assessor's Parcel No. 156-152-26 , * 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 Atta,chment 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 .I . : ‘. ’ . ’ I 1( 1: 1: 1: 12 If 1C J'i 1E I$ '2c 21 22 23 24 25 26 .27 28 29 30 31 32 ., ‘i,. *.y >.., ,” ,.,. I :. _, I, .’ < &3& ,. I ~~~-~aibs:..: :-. .4 ;. .,,, c& -“+q& x: ‘<;9wp w&$&m : ..:Li ,,y F .-- -I of said public improvements in the street frontage of said property, and shall then forthwith construct said public improvements according to said plans and specifications, to the approval of CITY. The demand by CITY mentioned in this paragraph may, at CITY's sole discretion, demand said . work as to all said improvements on all said property, or as to any portion thereof, and the failure by CITY to demand said work as to any of said improvements shall not constitute a waiver by CITY of its continuing right to demand such work in the future. 4. In the event title to said property or a part thereof.is sold, I the herein stated obligation shall automatically also become the obligation of the new owner. 5. In the event OWNER fails to act as required in paragraph 3 above, after written demand therefor by CITY, CITY may perform OWNER's said obligations .and OWNER shall upon written demand therefor, reimburse to CITY-its costs therefor, 6. This -agreement shall be binding upon and inure to the benefit of the heirs, successors, assigns, and successors in interest in said real property, shall run with said real property, and shall create an equitable servitude upon said real property. . CITY OF' CARLSBAD, A Municipal Corporation of the State of California t-/7 By: ~&fl&$yg_ Mayor STATE OF CALIFORNIA ) ss COUNTY OF SAN DIEGO ) l ' On this 5th day of Auril , in the year 1974 , J~fore me, VIRGINIA M. SMITH , a Notary Public in and for the State, personally appeared RllRERT cm QIJJJFF , known to m1: 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 3 . . ; : L 1C 13 12 12 14 15 16 17 18 19 20 21 22 23 24 26 Approved .as to form: 28 29 30 31 32 .-- I. 1373 said public corporation, agency or political subdivision, and acknowledged to me that such City of Carlsbad, California executei the same. WITNESS my hand and official seal. Signature OFFICIAL SEAL PRINCIPAL OFFICE IN SAN DIEGO COUNTY OWNER OWNER . OWNER STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) l OnJF Wcvd CC4 , before me, the undersigned, a Notary onally appeared 7)#kA u/ . I 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. William E. DeLong NOTARY f-U30C - CALIFOi!NIA Name (Typed or'printed) PXXIPAL OFXE IN SAN DfKiO COUNTY -3- . PARCEL SPLIT No. 210 LEGAL DESCRIPTION Lot 21 of Wilsonia Tract, in the City of Carlsbad, California County of San Diego, State of California, according to map thereof No. 2169, filed in the office of the County Recorder of San Diego County, August 13, 1929. EXH I B I T “A” - . PARCEL SPLIT NO. 210 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. Installation of street 1 ights and payment of 18 month energy charges as required by City Engineer. Owner agrees to fully support and participate in any improve- ment distri,ct formed in the future to extend sewer and/or water 1 ines, with appropriate appurtenances, along any or all street frontages of the property where such services do not exist at the present time. All construction shall conform to City Standards at time the work is done. EXHIBIT “B” ’ ‘. _. I .c z t . . * ‘) .’ . . _ .69vw 1 % .w&w.S8.&# 7 .- Il. 48 ,I: . ..hj /I.-.., $5 .‘; $I & I I I c< q :: I. . . . .; 1 5 . ; 9 t : I I . 74-089230 'ILE/PACE NO, I 1 5 OFFICIAL RECOROS : EANDIE60COUMfV~CMIF. d &j HAWEYf.BL00M ti3a RECOROER NO FE -. . tfd