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HomeMy WebLinkAboutCT 73-03; Miller, Robert; 73-271688; Future Improvement Agreement/Release. . . . - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I.6 17 18 19 20 21 22 23 24 25 26 27 !8 >g * 33 31 fi2 ‘I /I ii Ij I! II !j ;I , I’ II I I ., II 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 & &aae,. _ . 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 -l- o 73 2 w / . . - . 3 i ? c 4 F c 6 7 8 9 10 11 12 13 lir 15 16 17 18 19 20 21 22 23 24 25 26 .27 28 29 30 31, 32 4. 5. 6. ,*, -- 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 -2- 3 2 7 . 4 c c E 7 . e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -27 28 29 30 31 32 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****~~, . -3- . - CT 73-3 LEGAL DESCRIPTION Lot 1, Carlsbad Tract No. 73-3, Map No. 7738 Recorded September 7, 1973 , per official records. EXHIBIT "A" .I . - i , . 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” . , A ’ i, .C . ‘. i 1 c E < . F E c i c 1 . .i 1 1 I L ; & .*. $ : .L :,y?~ .“;e - 1 i I i I i . \ ij iI 1 i 9 -L : L I. , _I I : ‘ ! ,: I , I ; : I I , .: I ; I I 1 I I&-- . 3YxAs rl F-4 I , . . : ; i \ ,&4&JhvA WXWd t , T 0 : ‘. ‘. : \ \ : . ‘. I I 8 I i : i : 1 5 1 .; - : t .’ . ‘. #’ ‘1. $1 & 3mY3AY $1: Ilc& -_-- onrvaM -31 . . ‘. I , “, ,, :.. . . 472 0FFlClALRECfMtD.S SANOlEGOCW?I.CIYlf, HARLL-Yf.84.W AECOROEA ~0 fglE