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HomeMy WebLinkAbout; Sylvester, Harry, Dorothy & Margaret, & Collard; 74-179771; Future Improvement Agreement/ReleaseI 1 2 3 4 5 c 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 RECORDING 'REQUESTED BY AND WHEN RECORDED I&AIL TO 867 CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 Documentary Transfer Tax$ N/d . - 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. Lg+Hml& mfY Of CAR- i?&!R~tB~~ e8 i m R ec&a+ggt or In Firm r?as FUTURE IMPROVEMENT AGREEMENT Harry 0. Sylvester and Dorot@ E. Sylvester,.husband and wife and Margaret J. Sylvester, . and Dorothea E. Collard and Tom B.' OWNER: I]nll~rd- hvfn. ADDRESS: 1108 Madison Ave, Montebello. Calif. pOh4n DATED: PARTIES: The parties;('to this agreement are the City of Carl&ad, 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. CITY hereby approves the Proposed Parcel Split No. 235 - Chestnut and Hiqhland - AssesS’or’s No. 205-220-2 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. 2. 3. 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 CWNER 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 0 7413 a ._, 1 ! I( 13 1: 1: 12 If ?-E 17 1E 19 2c 21 22 23 24 25 26 -27 28 29 30 31 32 4. 5. 6. ,; ..> .I”_:. . . ‘, ., ,.,..q __. h.- -- 868 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 ail said improvements on all said property, or as to a'ny 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 perform 1 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, an< 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: pMe&pW Mayor STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) - On this , in the year lP74" # Scfore mc, a Ndtary Public in and for the State, pergnally appeared 7?o~~~~ C. F@,SFE , 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 -21. . . ; , i 5 1C l-1 12 12 lb 15 16 17 18 a9 20 21 22 L 2 3 1 5 j 7 3 1 1 23 24 25 26 .27 28 29 30 31 32 869 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. -----l-y__ ” OFFICIAL SUL b2 +#fj *“-$7 Virginia M. S&h 4 NOTARY PUBLIC - CALIFO:,NIA p i-3 -e&,&p PRINCIPAL bFFlCt IN SAN DIEGO COUNTY Ed. MY COMMISSION EXPIRES MAY 9. 1977 # . V 7 STATE OF CAL.IFORNIA )ss COUNTY OF ji##$(xmm ) - LOS -ANGELES On JUNF 8. 1974 ,.before me, the undersigned, a Notary Public in,and for said State- personal1 Harry 0. Sylvester, orothy E. Sylvester, Margaret J. Sylvester, OoroUhetpF~a&~~.3”apd and fbm t5. CoHTTT ', 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. Signature/&j&/&L' * WILLIAM P. VELICAN Name (Typed or Printed) Approved as to form: :, -3- 235 CHES'VW & WIGHLAND EXHIE!T “A” LLli t!-i2iz POL --tion of Tr3ct 245 of Th12in ia-ds, in the County of &I L)ie,c;o, st<.t--l of California, sccording to Xap thereof Ifo. 1631, filed in the office of the County ICecorder of San Dies0 Coutlty, Ikxexbcr 9, 1915, described as folloxs: 3 eg-ironing at the most Xorthwsterly corner of said Tract 245; thence GlOTl,h the Northerly line of said Tract 245, Nortir'G1°21' k$:ast 402.8 feet; ttiznce South 2G033' Last parallel with tk Uesterly Line of said Txact 245, 237.1 feet; thznce south 61'21' Zest -~aralfal with said Mortkxly _ line 0 f Tract 245, 402.8 feet to a poirrt 03 said ijest-erly line of Tract 245; thancs along said b7esterly line oL -C Tract 245, Forth 2a039* idest 237.1 feet to the point of begkming; &~C~?J’I~~ ~~~!F~eO>l that portion described ,zs follow: B+n;~ing at the xxost Yortkqesterly corner of said Tract 245; thesxe zlw~ the Northerly line of said Tract 245, North 61°21* East 175 feet; th!2;:rrce solLt*n 2303’3-t sLst -pa~~ii~~-'"'~~";.-'-l 'Ly-.-+.-.~T~~ ? i-,-a of s.?irJ 'fra,-t IJLLLr l.iIC= >#C3I-k& LJ *-**i 245, 150 feet; thhsnce Smth 61*21t tje-st paralkl. rqith the sclid Kowthxeatzrl> line of Tract 245, I.75 feet to a point on said Westerly line of Tvect 2b5; thtncc a1ong.ssI.d i:iasterly linz of Tract 245, Forth 25O39' .i;est I.50 feet to the point of Se$nning. - L-.----_- PARCEL SPLIT #235 1 . 2. 3. 4. 5. 6. 871 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 18-month energy charges as requi red by City Engineer. Owner agrees to participate in any future drainage assessment district formed to al leviate drainage* problems of the area. This will affect only the parcel adjacent to the drainage easement (Par. #2) Conditions 1, 2 and 3 above apply only to the parcel having frontage on Highland Dr. (Par. Jfl) All construction shall conform to City standards at time the work is done. Exh i b i t “B” 0 . . , -ES- 235 - . _ 8’72 ,f,lL&/ pAiG 5 #‘$.-,yp iw# 1974 wpse 8 not f9fW Ml , 4 3dv?rl . . NOT A ’ PART . Uo FEE . - /2 l &ix72 w/&/7,h~ -/5 ‘Drm&ye et25~mcw7f! u 48 / 3- / /- 5&?/& /%/# ’ ATTACHMENT ‘;n;