HomeMy WebLinkAboutCT 73-03; Miller, Robert; 73-271688; Future Improvement Agreement/Release. . . . -
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466 .- . . ;’ e ‘; ='y u RECORDING REQUESTED BY AND 'sl $! fq"!:
ihJ]EIEN RECORDED MAIL, TO 4 ,Qd:%i
CITY OF CARLSBAD 1200 Elm Avenue
Carlsbad, California 92008 Documentary Transfer Tax$ -O-
MAIL TAX BILL TO N/ACOmpUted on Full Value of Propertl Conveyed,
Owner Named on Line 7 Address Named on Line
at Nc/,8_Or Computed on Full Value Less Lie
c\ and Encumbrances Remaining at Time a 0
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Bgafi~t~~~e8AiR~~4a~~~t Or c.2 fy nf, --+shc Firm L am
FUTURE IMPROVEMENT AGREEMENT
of
OWNER:
ADDRESS:
DATED:
Robert D. Miller ('zxrwer of attornev for all owners of
record) 6746 Magnolia Avenue, Riverside, CA 92506
PARTIES: The partiesi'to this agreement are the City of Carl&ad,
a municipal corporation of the State of California, hereinafter
referred to as CITY; and the person or persons m-entioned on Line 7
of Page 1 hereof, hereinafter referred to as OWKER, without regard
to number or gender.
,COVENANTS: It is mutually agreed by the parties hereto as follows
1. CITY hereby approves the final man of Q&&&i Tract N&er
73-3, &sessor's Parcel No. 203-334-03
2.
3.
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 soie cost and expense, prepare plans
and specifications, approved by CITY, for the construction
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,*, -- 467
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 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. .
In the event OWNER fails to act as required in paragraph'3
above, after written demand therefor by CITY, CITY may perforn
OWNER's said obiigations 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.
CITY OF CARLSBAD, A Municipal
Corporation of the State of California
By:
STATE OF CALIFORNIA lss
COUNTY OF SAN DIEGO ) l
before me
in the year )77 3 ,
Public in and for
, 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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46s A -
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. tt
signature
OFFICIAL SEAL . MARGARET E. ADAMS
hOlARY f'UB:IC. CAL;tihtilA
PRlNClPkL OFFICE IN
* OWNER
OWNER
OWNER
STATE OF CALIFORNIA )ss
COUNTY OF SAN DIEGO ) -
on August 29, 1973 , before me, the undersigned, a Notary
Public in and for said State; personally appeared Robert D. Miller
t known to me to be the person/s
whose name/s is/are subscribed to the within instrument and
WITNESS my hand and official seal.
Signature JidV~Lfd .
Donald F. Powell
Name (Typed or Printed)
Approved as to form:
- 39.*.***.ec- ..*-- R*-a+***4+64*9
i>, blL\IHL SCH(L
DONALD F.+OWELL i
c NC, i ARY PUBLIC - CALlFOdNlA : ,:. COUNTY OF: RIVERSIDE
t
:
My Commission Expires March 1, 1974 : C,4(14c+f .” ““rr*r4*4+*O*Q~b****~~,
.
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CT 73-3 LEGAL DESCRIPTION
Lot 1, Carlsbad Tract No. 73-3, Map No. 7738
Recorded September 7, 1973 , per official records.
EXHIBIT "A"
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CT 73-3
470
1. Grading and paving of adjacent public right of way
to its centerline except that portion improved to
City Standards.
2. Construction of P.C.C. curb, gutter and sidewalk
abutting all street frontages of property.
3. Planting of street trees or deposit of monies with
the City to plant said trees.
4. Installation of street lights and payment of 18-month
energy charges as required by City Engineer.
5. Construction of storm drain system. .
6. Participation in future sanitary sewer assessment district in vicinity of Ocean Street. _ -
All construction shall conform to City standards at time the work is done.
Exhibit “B”
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472
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