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Home My WebLink About; Wisconsin Evangelical Lutheran Synod; 317485; Future Improvement Agreement/Release-.. - c r ’ . $’ . , * I a '9 10 11 12 13 14 15 .. ;. .Lv 17 18 19 20 21 23 24 26 .27 28 29 30 31 32 and specifications, approved by CITY, for the construction - 1865 -- _._ ‘> ‘. i RECORDING REQUESTED BY AND / _ WHEN RECORDED MAIL TO CITY OF CARLSBAD l-200 Elm Avenue Carlsbad, California 92008 Documentary Transfer Tax$ W 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 FUTURE IMPROVEMENT AGREEMENT of OWNER: Wisconsin Evangel ical Lutheran Synod -- ADDRESS: c/o P 0 Box 194 DATED: Oceanside, CA 92054 / I . 3 / - ,.’ 2. 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 PARCELSKIT.#142 at the intersection of. Valley Street and Elm Avenue. 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 1 hereof, OWNER shall forthwith, at OWNER's sole cost and expense, prepare plans - l- EXH I B I T “A” -,* , * . 1. . . I / t 1l II 1: 1: 11 11 Ii \ 1: 1E 1: . 2( 21 2; 2: 24 2E 26 -27 2e 29 3c 31 32 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 perforl 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 WC366 d 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 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 ' b " By: Mayor ‘@.-’ . . .<Q ‘I,’ I,,,’ :. ,’ ; / ;.‘ii‘ .I’ . STATE OF CALIFORNIA lss COUNTY OF SAN DIEGO ) l /ox!/ , the State, ry Public in and for , known to rnc 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 -24 L 1 I / ! 1 , / i I I ! \I .( c * . * . ’ 4 . . ; t 17 On September 7. 1972 1E 19 2c 21 22 , I .2.3 ,..’ ‘3 . ,:g . ,,’ ..‘. ._ w ,‘,. ,-. . . . .I 7 :: t“@z 28 29 30 31 32 said public corporation, agency or political subdivision, and acknowledged to me that such City of Carlsbad, California execute< the same. WITNESS my hand and official seal. Signature c 1 4?dt&f4Ffl& . c’, ’ /I 0 . 1 * a I; i ” 0. ‘. MY C%h!MiUN LX?!r:ES FEBr:URRy 15, 1974 CCCrC1HNlh-v~ OWNER OWNER By; Harold H. Eckert Executive Secty. Board of Trustees OWNER STATE OF C&j& . 1 COUNTY OF %$&&~~@i6% )"= j Nl'lwaiiRek~ '. , before me, the undersigned, a Notary Public in and for said State; personally appeared Executive Secretary of the Board of Trustees of thw Wisconsi Lutheran Synod , known to me to be the person#2x .whose name& is/ax&subscribed to the within instrument and WITNESS my hand and official seal. Signature ,Arthur W. SW '@ame (Typed or Printed) -" ‘;, '&i$ ommission expires: g/2/74 ~ -3 :” . :=..: t, S‘) : e .-I . .:-: II. -3- . Tiled 3-70 34749 . .._ ,. --_ . . . . . -- FUTURE IMPROVEMENT AGREEWNT BEAUT IT- SAVIOUR EVANGELICAL LUTH. .AN SYNOD LEGAL DESCRIPTION: All that portion of Lot 31 of Patterson's Addition to the Town of Carlsbsd, in the City of Carlsbad, County of San Diego, State of California, according to blap thereof No. 565, filed in the office of the County Recorder of San Diego County, September 22, 1885, described as follows: Beginning at a point on the center line of Valley Street, distant thereon North 34"33'00" West a distance of 283.30 feet from a concrete monument marking the intersection of the center lines of said 'r'alley Street and Oak Avenue, said point of beginning being the most licsterly corner of that tract of land conveyed by the South Coast Land Company to Ben E. Demler and Louise Demler, by deed dated August 14, 1928 and recorded in Book 1540, Page 212 of Deeds; thence along the said center line of Valley Street, ?!orth 34'33'00" West a distance of 245.22 feet to the Souttlwesterly corner of the land con- veyed by South Coast Land Company, a corporation, to Carl G. Strock and Blanche D. Strock by deed dated September 22, 1930, recorded September 27, 1930 in Book 1814, Page 32? 02 Deeds; t?xnce along t?le Southerly line of the land so conveyed to Strock, parallel VIth the center line of Oak hvenuc, North 55°27'OO" East a distance of 864.32 feet to a point on the center line of Canon Street; thence along the ccnter line of Canon Street, South 19'26'00" East a distance of 254.01 feet to the most Northerly corner of said Demler land; thence along the Korthwest- erly line of said Demler land, South 55°27'OO" West, a distance of 798.03 feet to the Point of Beginning; assessor's parcels no. 156-220-15 & 16. EXCEPTING thegfrom that portion described as follows: , Beginning at a point on the center line of Valley Street,-distant thereon North 34'02'15" \?est, (R ecord ?iorth 34"33'00" West) 52S;22'feet from the intersection of the center lines of said Valley Streetkiid Oak Avenue, said point of beginning being the Southwesterly corner of the land conveyed by South Coast Land Comnany to Carl G. Strock and Blanche D. Strock, by deed dated September 22, 1930, recorded September 27, 1930 in Book 1914, Page 327 of Deeds; thence along the Southerly line of the land so conveyed to Strock, North 55'58'59" Fast, (R ecord North 55“27'00" East) 864.32 feet to a point on the center.line of Canyon Street;' thence along the center line of Canyon Street South 18°55'13" East, (a ecord South 19"26'00" Pas;) 142,37 feet ts a bofnt 99 (rb*$ 3-T. CA-- of d iN5.00 foot radius curve, concave Korthuesterly a iadial line of said curve bears South 35'24'27" East to said point; thence Southwesterlv along the arc of said.curve, 269.87 feet through a central angle of 14"50'21"; rhence tangent to maid cnrve, South 69'25'54" West, 214.66 feet to the beginning of a tangent 1158.00 foot ridius curve, concave Southeasterly; thence Southwesterly along the arc of said curve 271.81 feet through a central angle of 13"26'55"; thence tangent to said curve, South 55'58'59" West, 41.51 feet to the beginning of a tangent.lO.00 foot radius curve, concave Easterly; thence Southerly along the arc of said curve, 15.71 feet through a central angle of 90°01'14"; thence radial to said curve South 55O57'45" Ii'est, 30.00 feet to a point on said center line of Valley Street: thence along said center line, North 34"02'15" Is'est, (Record North 34"33'00" West) 37.52 feet to the Point of Beginning. EXHIBIT “A” _ _ _.-.-.- _-_ -.._- -_ ..- _-_-II--- --- FUTURE IMPROVEMENT AGREEMENT BEAUTIFUL SAVIOUR EVANGELICAL LUTHERAN SYNOD Participate in the installation of sewers to serve the area, in accordance with the Sewer Plan, as required by the City Engineer. All construction shall conform to City standards at the time the work is done. EXHIBIT "B" , -4 :g . :C :c 3 0% 4 # := 3 . . . b: 19. d: 2 l . . . . . I . I -Qt . .:I :;I “‘T 2 : . ! z J ,r’E .ZG - ,, . , $3 1 #/I;* c I ,bq s I . 2 to* G 0 ti i? 17485 6 flLF./PAX& fr * 1 I wu “tt 3FWR~ * 4 .I VALLEY’ ..- Y -m s c c : . 0 E’ES/ I 06 I. ; MAP 565 - PAT? SEC 31 - Tl]: I