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;