HomeMy WebLinkAbout; Yarbrough, Porter; 99716; Future Improvement Agreement/Release- L
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2277
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008 Documentary Transfer Tax$ 0.00
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: PORTER L. YARBROUGH
ADDRESS: 706 Madison Avenue, San Diego, Calif. 92116
DATED: m e
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. CITY hereby approves the Parcel Split No. 158 located on High-
gland Street as per Planning Commission Res. No. 7cf6
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 OWNER 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
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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.
6.
In the event OWNER fails to act as required in paragraph 3
above, after written demand therefor by CITY, CITY may perforr
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.
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.
CITY OF CARLSBAD, A Municipal
Corporation of the State of California
BY
STATE OF CALIFORNIA jss
COUNTY OF SAN DIEGO ) .
the State, , known to mc
known to me
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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.
,GgQ~,&-/
MY CDhSSlON
SAN DIEGO COUNTY L EXPIRES FEBRUARY 15, 1974 'I .
*
OFFICIAL SEAL
MARGARET E. ADAMS
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
OWNER
OWNER
STATE OF CALIFORNIA 1 ss. COUNTY OF SAN DIEGO 1
On &&g(J,3 /yy 5f-/ , before me, the undersigned, a Notary
Publ!ic in and I: said State; personally appeared
&mt- L. j-&UQ 7
/ L;- , known to me to be the person/%$
whose name/s is/m-subscribed to the within instrument and
WITNESS my hand and official seal.
Signature
-37
OFFICIAL SEAL
MARGARET E. ADAMS
~oii:tir PUBLIC. CALltUitfwi
LEGAL DESCRIPTION
Lot 12, Block C, Bellavista Subdivision Map No. 2152.
Filed in the Office of the County Recorder, San Diego County
on March 7, 1929. Assessor's No. 206-180-17.
EXHIBIT "A"
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2281 .
1.
2.
3.
4.
Grading and paving of
way to its centerline
to City standards.
adjacent public right of
except that portion improved
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 deposit of monies
for 18 months of street light energy.
All construction shall conform to City standards at time of the work is done.
Exhibit "B"
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