HomeMy WebLinkAbout; Winslow, James and Alice; 73-344761; Future Improvement Agreement/Release-- 1254 - -_ . 1
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO
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CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
MAIL TAX BILL TO '
DcCUaJENT4Qy T.?,I?!$F(~H r*X R-,-~seBsmes~.IsC
m CO;rlPUTE~ 0;s~ c-n u,,l. II ;J;-;;CC‘ (-J,r -~-....-_~..._..___"_ _
PROPERTY CONVEYED,
Owner Named on Line 7 at
Address Named on Line 8
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FUTURE IMPROVEMENT AGREEMENT
of
OWNER: Winslow, James C. & Alice M. et al
ADDRESS: c/o John B. Peterman, Tr., 639 S. Spring St., Suite 815
DATED: ~~~2$~q~les, Calif. 90014
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.
3.
CITY hereby approves the Parcel Split #lSO
Assessor's Parcel No. 211-030-25
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 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 OWNER at
the address mentioned on Line 8 of Page l'hereof, OWNER shall
forthwith, at OWNER's sole cost and expense, prepare plans
and specifications, approved by CITY, for the construction
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; property, and shall then forthwith construct said public
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of said public improvements in the street frontage of said
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,
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
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shall create an equitable servitude upon said real property.
IPPROVED AS TO FORM CITY OF CARLSBAD, A Municipal
Corporation of the State of California
By: 'I.,
.,:. ,l. ., .,; . . '."" . 1.' ,,. _' ,' L .. I, . . : ;.' I . . ,*- 7, : . :
STATE OF CALIFORNIA lss ."
COUNTY OF SAN DIEGO ) l
On this I
before y Public in and for
the Sta
to be Mayor
li.hNntP I known to me
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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-- 1256
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.
I
---_ I "8 I IVWIL JCHL
MARGARET E. ADAMS
signature
OWNER
STATE OF CALIFORNIA )ss
COUNTY .OF.;frAf;f.&+%%Q@ ) - Los Angeles
On Jan. 5, 1972 , before me, the undersigned, a Notary
Public in and for said State; personally appeared JC)HI\I B. P~TIZ~;#&~,j
I known to me to be the per.son/s
whose name/s is/are subscribed to the within instrument and
WITNESS my hand and official seal.
Signature
STUAi-IT GONER
Name (Typed or Printed)
.,. l-,.!i 7’ ,I, _I,. ir A./> 0’2 ‘: g ~-y;i,c..i~; KEAER ; No.j-)‘.* .i: ill I.,~LI Jiil4IA z
FP!‘I i,‘?!. OF, ICE IN
~0s AYGELES COLIN.;Y
5 My Commission Epxires March 31, 1973 B
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EXHIBIT “A”
LEGAL DESCRIPTION
Parcel No. 1, of Parcel Map No. 763 in the City of CarZsbad, in
the County of San Diego, State of California, kled in the office of the County
Recorder of San Diego, March 17 2972 as Recorder’s File No.
64219 , being a portion of Lot H of Ranch0 Auga Hedionda, according
to map thereof 823, filed in the office of County Recorder of San Diego County,
November 16, 1896.
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TO 447 c
(Individual)
, known to me
executed the same.
Name (Typed or Printed) * ‘>,., ._
(This area for otltcial notarial seal)
TO 4.7 c
(Individual)
STATE OF CALIFORNIA
L(jS ,*,~(?J?zL;Y~ COUNTY OF
0 Tl
> SS.
On January 13, 1972 before me the undersi ned, a Notary Public in and for said
State, personally appeared BETTE J. i"ZTEKI~M&
1
, known to me . to be the person _ __ whose name- 1 s subscribed I cl to the within instrument and acknowledged that sne
OFFICIAL SEAL
i@,W WTTZR30I\I
Name (Typed or Printed)
NO FsihY PURLIC - CAL,EORN,A -
c’h’lWWAL OFCV’E IN : Xl I LOS ANr.Et.CS COUNTY :
PIPIcIt::ttiSttttLttt~tttttt~ttttt?tlat~~tt~~tt~~,t*II~
(This area for official notarial seal)
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I, The following conditions shall apply to the future im-
provement of the easterly 32' of Avenida Encinas between
the southerly boundary of Parcel Split #lSO and 450'2
northerly thereof.
A.
B,
C.
D.
E.
II.
A.
Grading and paving.
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.
Dedicate 79* wide right of way for public street and
highway purposes. .
Adjust all telephone cables as necessary to permit
construction of ultimate Avenida Encinas.
That a 12' easement for a future water line be granted
to the City of Carlsbad crossing Parcel #l from the
east to west as determined by the City Engineer,
All construction shall conform to City standards at time the
work is done.
Exhibit "B"
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