HomeMy WebLinkAbout; Smith, Dale and Eleanor; 74-089230; Future Improvement Agreement/Release: ‘,
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO
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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
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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, 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
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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
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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”
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PARCEL SPLIT NO. 210
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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”
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74-089230 'ILE/PACE NO,
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1 5 OFFICIAL RECOROS : EANDIE60COUMfV~CMIF. d &j HAWEYf.BL00M
ti3a RECOROER
NO FE
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