HomeMy WebLinkAboutCT 71-04; Highland Townhouses Ltd; 62072; Future Improvement Agreement/Release1
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RECORDING REQUE ED AND l,:rXG
WHEN RECORDED MHIL Tc,
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C ITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, Cal ifornia 92008 Documentary Transfer Tax $ /z//A
MAIL TAX BILL TO Computed on Full Value of Property
Conveyed,
Owner Named on Line 7 at Or Computed on Full Value Less Liens - Address Named on Line 8 and Encumbrances Remaining at Time
of Sale.
& Y/A d& 4Fcav/4
ignature oP’Dec1arant or /Firm Name
termininq Tax
OWNER:
ADDRESS:
FUTURE IMPROVEMENT AGREEME NT
of
Highland Townhouses, Limited, A Limited Partnership
1717 South Hill Street, Oceanside, California
DATED: March 7, 1972
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
i thou t rega rd inafter referred to as OWNER,w of Page 1 hereof, here
to number or gender.
COVENANTS: It is mutually agreed by the parties hereto as follows:
1.
2.
3.
CITY hereby approved the Carlsbad Tract #71-4 (Highland Drive
and Maqnol ia 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. Al so shown for
convenience sake on Attachment A, attached hereto and made
a part hereof.
CITY does hereby temporar i ly waive the requirement that OWNER
install those certain pub lit improvements listed on Exhibit B,
attached hereto and by th is 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, participate in
the drainage district preparation of plans and specifications,
approved by CITY, for the construction of said public improve-
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11527
ments and shall then forthwith construct said public improve-
ments 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 port ion 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
the herein stated obl
the obligation of the
said property or a part
igation shall automatica
new owner.
thereof is sold,
lly also become
5. In the event OWNER fai 1 s 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
shall create an equitable servitude upon said real property.
CITY OF CARLSBAD, A Municipal
Corporation of the State of Californi
By:
STATE OF CAL I FORN IA
COUNTY OF SAN DIEGO jss.
On th is 9 hd year /77 7.
Pub1 ic in and fo; before me, *H~rK/)j’?>j @. vflk~~
the State- oers;onM lv’ao~eared -..- -----, I-_. --..-. ., -TT--. -- DfigrJj ,/VI, Ditn’AE 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
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said pub1 ic corporation, agency or political subd ivision, and
acknowledged to me that such City of Carlsbad, Ca 1 ifornia executed
the same.
WITNESS my hand and official seal.
STATE OF CALIFORNIA > C3UNTY OF SAN DIEGO > ss.
On before me, the undersigned, a Notary
Pub1 ic in and for said Siate, personally appeared
CFFICIAL SEAL
I my go!;.,;.‘; :‘;:a. it; ~ i,:.:;; &;,.;;A
P;ii:i,;li?.~ S! :i:.t I,* %g*. SA(J ;i&:! (,:j;,;$, y 1 ) MY COMMISSION EXPIRES FEBRUARY 15, 1974 1 --------- -------- ------ ~~
OWNER
known to me t
whose name/s is/are subscribed’to the within
WITNESS my hand and official seal.
Signature
Name (Typed or Printed)
-3-
o be the person/s
instrument and
TO 442 c
(Partnership)
STATE OF CALIFORNIA
San Diego ss.
COUNTY OF.
On March 7. 1972
before me, the undersigned, a Notary Public in and for said State, PersonallY appeared
ROBERT L. MEANS
known to me
to be one of the partners of the partnership
that executed the within instrument, and acknowledged to me that such partnership executed the same.
-. i ardaret. F. Adams
&me (Typed or Printed)
1
0 TI
(This ama for o~cial notdal ad)
3.529
LEGAL DESCRIPTION
All that portion of Tract 246 of THUM LANDS, in the City
of Carlsbad, County of San Die o,
2
State of California,
according to Map thereof No. 1 81, filed in the Off ice
of the County Recorder of San Diego County, December 9,
1915, described as follows:
Beginning at a concrete monument marking the intersection
of Highland Drive and Magnolia Avenue; thence along the
centerline of Highland Drive South 28O39’ East, a distance
of 330.91 feet to the Northwest corner of that portion of
Tract 246 conveyed by South Coast Land Company to C. W.
and Ella A. Nichols by deed dated August 27, 1927, and
recorded in Book 1393, Page 184 of Official Records;
thence along the Northwesterly line of the portion so
conveyed to N ichol s, North 6~211 East a distance of
412.80 feet to the most Northerly corner thereof; thence
along the Northwesterly prolongation of the Northeasterly
line of the Nichols’ land North 28o3g’ West a distance of
330.91 feet to a point on the centerline of Magnolia Avenue;
thence along the said centerl ine of Magnolia Avenue, South
61021’ West, a distance of 412.80 feet to the POINT OF
BEGINNING.
Assessor’s Parcel No. 205-220-30
EXH I B I T “A”
1530
Participation with adjoining property owners in the formation
of a future drainage district for the construction of a storm
drain along and in the vicinity of the easterly property line
of that property described in Exhibit “A”. Said storm drain
shall be sized in accordance with the City Master Drainage Plan
and all construction shall conform to City standards.
EXHIBIT “B”
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