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Home My WebLink About; United Church of Christ; 74-152825; Future Improvement Agreement/ReleaseY, --.9. la- c . 8 9 10 11 12 13 14 15 16 17 18 1. CITY hereby approves the day care center & private school 19 facility at n/e corner Chestnut Ave. & Monroe St. CUP #85 P.C. Res #918 20 21 22 23 24 25 26 .27 26 29 30 31 32 II I I/ II I / . ’ 1 , i jl ;I I( I! II I 1 I // II I! !! Ii !I ‘1 1 ! I ,I !I jl /I j/ ii Ii /! )I iI ii /I li I 1863 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO b" CITY OF CARLSBAD l-200 Elm Avenue Carlsbad, California 92008 Documentary Transfer Tax$- /r//1 -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 Remai:ling at Time of Sale. FUTURE IMPROVEMEXT AGREEMENT of OWNER: Southern California and Southwest Conference of the United -- Church of Christ ADDRESS: 466 East Walnut Street, Pasadena, California DATED: Mav 7, 1974 m 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. assessor's parcel no. 205-330-26 CO-i7EFT?bTTS : It. is .- mutually agreed by the parties heretc as follows 2. 3. 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. CITY does hereby temporarily waive the requirement that OW?TER install along the street frontage of said property those certain public improvements listed on Exhibit B, attached 'hereto and by this reiercnce ~ncorporateti he ik! in. Upon written demand therefor by CITY, addressed to OWNER at the address mentioned on Line 8 of Page 1 hereof, OWNER shal fortjiwith, at CWNER's sole cost and ev-?nse, prepare plans --: t and specifications, approved by CITY, for the construction 1 I L i. .i 1 - l- - 11 1: 1: 1: 1; l! lt 1: 21 2i 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:Zorthwith 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 perforn 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, and successors in interest in said real property, shall run with said real property, and shall create an equitable servitude upon said real property. STATE OF .-a-r f77*l3h~'r'I\ L.rL"4.L "I.&I -LA. i COUNTY OF SAN DIEGO ) ss. On this g?I!l day of in the year -IF7fCt before me, I/ /Q(~IIOU# Il. a Notary Public in and for the State, pdrsonally appeared M-7 c,Jji7/3p.~~ , known to me 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- . ,i I i said public corporation, agency or political subdivision, and. acknowledged to me that such City of Carlsbad, California executed the s,ame . WITNESS my hand and official seal. Signature ~-. ----~-,.-‘UU4UI.‘, OFFICIAL SEAL is Virginia M. Smith % NOTARY PUBLIC - CAII~PNI. i-. -- -1 - PRINCIPAI OFFICF IN SAN DIEGO MIIINTV P Southern California and Southwest Conference of the United Church of OWNER LTil2S-L I R Fred P. Regi STATE OF CALIFORNIA )ss - COUNTY OF - ) Los Angeles On February 19, 1974 , before me, the undersigned, a Notary Public in and for said State; personally appeared Charles A. Zahka, Chairperson and Fred P. Register, Secretary , known to me to be the person/g whose name/=tiare subscribed to the within instrument and WITNESS my hand and official seal. Signature& &, h Dolores B. Kil.&n Name (Typed or Printed) I. .h phr‘ OFFICIAL SEAL DOLORES B. KlLLZN NOTARY PUBLIC-CALIFORNIA LOS ANGELES COUI’I-i\r MyCcmmissiar! ExpiresJune 10. :9i! Approved as to form: -3- - - TO $49 c (Corporation) STATE OF CALIFORNIA COUNTY OF Los Anqeles > SS. On Y before me, the undersigned, a Notary Public in and for said Februaje State, personally appeared __ Charles A. Zahka known to me to be the . . . - President, and Fred P. Resister -1 known to me to be Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named. and acknowledged to me that such coiporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. L Signature Domes R. Killen Name (Typed or Printed) 0 !rI xpiresJunel0.1977 (This area for offtcial notarial seal) 1267 Legal Description: Northeast corner of Chestnut and Monroe Street; portion of Lot #4, Tract 255, Thum Lands, Map 1681, in the City of Carlsbad, beginning at the intersection of the center- line of Chestnut Avenue (County Avenue) and Monroe Street; thence North 87O57'30" East 233.55 feet; thence North 28°39'OO" West 421.63 feet; thence South 61°21'OO" West 208.81 feet; thence South 28O39'00" East 317.03 feet to the Point of Beginning. Excepting therefrom the most southerly 30 feet and the most westerly 30 feet for public right of way. Exhibit "A" 5 *I , I ._’ L :j- ; ! y.;; :Lc-;-...f+: i l~.. :.!.;.i : ‘ . .--.. : . _ i \ .: - . CT ;I: t- 2 c-4 -J c.3 LA4 !:J ..T -, _ 2 C? C-J :: I :1; c-4 ;- m UJ I CT+- “---I~ f: m 2 _I&-XCY r13E2 . 5.. I. ’ ,‘ . . , iit; i’ACL: NO. 'y4-152825 BOOK1974 1269 JUH 111 10 18 &H"itl 1. Installation of street lights along full public street NO FEE frontage and payment of 18-month energy charges as required by City Engineer. All construction shall conform to City standards at time the work is done. Exhibit "B"