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HomeMy WebLinkAbout; Worthing, Ralph and Maryanne; 74-049417; Future Improvement Agreement/Release‘. . _ .‘ :, 4 2: c + E ‘i E 9 1C 11 12 13 14 15 16 .17 18 19 .e... 20 21 22 2s 24 25 26 .27 2i 29 30 31 32 and specifications, approved by CITY, for the construction i ;I L I. > , 5 b’ j i I !I /! 1 II I/ 1 ” .I J , 1 : 1 i/ I! ’ j ,// ‘I , I/ ‘I j j iI !I /I ‘i /( I/ // II j; RECORDING .REQ5!il7STED BY AND 1gt() WHEN RECORDED MAIL TO CITY OF CARLSBAD , . 1200 Elm Avenue Carlsbad, California 92008 Documentary Transfer Tax$ WL - Computed on Full Value of Property MAIL TAX BILL TO Conveyed , i or Owner Named on Line 7 at Addre!;s Named on Line 8 C!ompu.ted on Full Value Less Lie and Encumbrances Remaining at Time Cm OF CARtSl3AlJ Firm Name FUTURE IMPROVEMENT AGREEMENT , Of OF7NER: Ralph E. Worthing and Maryanne l-l. Worthing ADDRESS: 1771 Andrea Ave., Carlsbad, CA 92008 s-, J97jL PARTIES: The partiesj'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 Sp] it No. 222- Roosevelt and - Tyler Streets - Assessor’s P’arcel No. 204-021-5 G 6 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 referelzce incorporated herein, Upon written demand therefor by CITY, addressed to OWNER at the address mentioned on Line 8 of Page 1 hereof, OWNER sha forthwith, at OWNER's sole cost and expense, prepare plans 1 1. - -L-- 0 74-2 1 , 1 to the approval of, CITY. The demand by CITY mentioned in I . * f E s 1C 11 12 12 14 15 J-6 17 18 19 20 21 22 23 24 25 26 .27 28 29 30 31 32 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, 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 6. 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 i , _. . . :“I., ^, , , . . i ; *v”‘ ; , f i -- u.x!l 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. ia CITY OF CARLSBAD, A Municipal Corporation of the State of Californ es- /7 c===+- By:~@%+,&&,&%+z./@ Mayor . . STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) l On this ,'in the year 177' I SC fore me, a Notary Public in and for the State, , known to mr 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 * ” -%?Q~.. ,, 1 j’ ‘-‘.>: .= ,. .: .:- I .’ .‘.,*ra+%<*.i “-, T.x,,l *qa*.,i, -_.; ~ ‘. . ,. _-. mr2 . . ; . WITNESS my hand and official seal. E 1C 11 12 1: 14 15 16 17 I.8 159 20 21 22 23 24 25 26 .27 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. Signature OFFICIAL SEAL &jRGARET E. ADAMS ;~cI;,~‘I ?:&!C-CALIFORNIA P:~liiCIPI!!. I;Ff;Ci IN SrGJ 0iXO COUWTY j MY EOMLWION EXblRES FEBRUARY 15, l974 OWNER 4, OWNER STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) - On &- 24 /97# ,.before me, the undersigned, a Notary / Pufiic in.and for said -44 5+c+&LGc7 the person/s whose name/s &s/are subscribed to the within instrument and WITNESS my hand and official seal. Signature -/J$LkddUtJ . lCAC& v gL52 Hfk?dD~ Name (Typed or Printed) Approved as to form: -3- PARCEL SPLIT #222 - Worthing LEGAL DESCRIPTION Lots 26 F, 27 in Block 32, City of Carlsbad, County of San Diego, State of California, according to map thereof No. 535 filed in the office of the Recorder, San Diego County, May 2, 1888. Assessor's Parcel No. 204-021-S G 6 EXHIBIT "A!' . . 1. .‘. ‘7 , -- PARCEL SPLIT #222 1. 2. 3. 4. 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 required by City Engineer. All construction shall conform to City standards at time the work is done. . Exhibit “B” . __ __._ ~- ----- --. l&j * - ?4=0494$7 FILE/PACE NO:-m-.- BOOK 1974 RECOROEOREQUESTOf ;. PARCEL SPLIT #222 OfFlCIAC RECORDS SANOLEBOCOUNfY.CALIF. .HARLEY F.ILQOW RECOROER 0 -L. INDUSTRIAL 7-c-r 4 MAP 1743 I .I I -- .I NO FEE ST. .8 ROOSEVELT & 0 CD 1 + - . II 8 MADISON 7 3 -I .$ . . -’ ~~TUKJ-\~ENT ‘&’ 8 -4 3 : 4 E ‘i E s IC 11 1: i- B 2c 21 22 23 24 25 26 27 28 29 30 33 32 I RESOLUTION NO. 3352 -.- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRRLSBAD, CALIFORNIA, APPROVING AN AGRES- MENT BE'IWEEN THE CITY OF CARLSBAD AND RALPH E. AND MARYAN?JE H. WORTHING FOR PARCEL SPLIT NO. 222, ROOSEVELT AND TYLER STREETS AND AUTHORIZING THE WJYOR TO EXECUTE SAID AGREE- The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain agreement between the City of Carlsbad and Ralph E. and Maryanne H. 'Worthing for Parcel Split No. 222, Roosevelt and Tyler Streets dated the 5th day of February , 1974, a copy of which is attached hereto and in- corporated herein by reference is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorised and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 5th day of February, 1974, by the following vote, to wit: AYES: Councilmen Dunne, McComas, Lewis, Chase and Fraze NOES : None. ABSENT: None. DAVID M. DUNNE, Mayor ATTEST: (SEAL)