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HomeMy WebLinkAbout; Southwestern Development Co; 73-344760; Future Improvement Agreement/ReleaseRECORDING REQUESTED BY AND ,a-' 7, , 73 &i WHEN RECORDED MAIL TO CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 Documentary Transfer Tax$ NIL - Computed on Full Value of Property MAIL TAX BILL TO Conveyed, - Owner Named on Line 7 at Address Named on Line 8 Or Computed on Full Value Less Lie and Encumbrances Remaining at Time 3 FUTURE IMPROVEMENT AGREEiMENT -- 6 of I/ 7 II OWNER: Southwestern Development Co. 1 I 8 1 ADDRESS: 6150 wslon . . Gorae Rd., Suite 113, San Diego, CA 92120 I I g I DATED: November 20, 1973 /I 10 jj I 111 PARTIES: The partiesto this agreement are the City of Carl&ad, I 12 a municipal corporat.ion of the State af California, hereinafter 13 I referred to as CITY; and the person or persons mentioned on Line 7 IA II of Page 1 hereof, hereinafter referred to as OWNER, without regard 15/i to number or gender. ,I 16 I! ! COVENANTS: It is mutually agreed by the parties hereto as follows: i I f8ii 1. ‘I CITY hereby approves the narcel man #211 19 ssnrls wc?el nn, 203 350 09. - - JO. 11 20 on that certain real property, warranted by OWNER to be 21 wholly owned by him, I described on Exhibit A, attached hereto ; I 22 and by this reference incorporated herein. Also shown for I 23 1 convenience sake on Attachment A, attached hereto and made 1 24 /j I a part hereof. i ji 251: 2. 1 , 26 ii CITY does hereby temporarily waive the requirement that OWNER II install along the street frontage of said property those .27 I/ certain public improvements listed on Exhibit_ B, attached ! hereto and by this reference incorporated herein. ! . TJpon written demand therefor by. CITY, addressed to OWNER at the address mentioned on tine F! of Page 1 hereof, OWNER shall forthwith, at OWNER's sole cost and expense, prepare plans and specifications, approved by CITY, for the construction I I - l- EXHIBIT “A” 0 B-30 / ’ 7 li II 1: 1: 1; l! 1t 1: 1t 1: 2c 21 2E 2: 24 25 26 -27 28 29 30 31 32 4. 5. 6. . 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 perforr OWNER's said obligations and O-WNER 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.Cal+fornia _,. ;y:~$&-&/~;m &. ., I,, Mayor w .' -- .~. : '.,. ;; .: - , '. , ,. z . ., a ~ ." .,*,. : ,, ..;-:, - .- -. ;,. ""4. .y , L , -:, :y -,a. '. '.L ' ..~~$jy:~ , ;:...*** ', x1 I,'! j- I. STATE OF CALIFORNIA )ss 4.1, ,\.' COUNTY OF SAN DIEGO ) l I/ ,‘I c’ On this before the State, , in the year /773 , a Notary Public in and for /q D//N& , known to mc 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- . . . A---- . ._” .p . . 1 ! 1( 13 11 1: 12 1: 1Q 1’; 1E 15 2c 21 22 22 24 2s 26 .27 28 29 30 31 32 1 2 3 4 5 6 7 3 3 I’ L I 2 5 L 5 5 I 3 ) I 1250 said public corporation, agency or political subdivision, and acknowledged to me that such City of Carlsbad, California execute6 the same. WITNESS my hand and official seal. . STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) l on ~Zf,6~p 26. /97? , before me, the undersigned, a Notary Public in and for said State; personally appeared 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. Name (Typed or dnted) Approved as to form : ;1 i &daI C?i:F'fi:l:+ I.. SR.q, ELOUISE M,P\Y CARLISLE MITARY P’.?l3LIC-CALIFORNIA . -3- . . . . 1x53- - LEGAL DESCRIPTION PARCEL SPLIT No. 211 Lots 22,23,24,25,26,27,28, and a portion of Lot 21, in Block 56, amended map of the town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California according to Map No. 775. EXHIBIT !‘A” - . .a .A+ . . _ ‘. . Izs 52 . 1. Grading and paving of adjacent public right of way (alley) to its centerline except that portion improved to City standards. All construction shall conform to City standards at time the work is done. Exhibit "B" . L . 2-J . -- 1253. . __ . %. . .:., _, 0 8 ic ,. --, l . . f JEfFERS& i”* : v-5; : f HARDING i” ,5 -ni; ST. i . .I NO FEE