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HomeMy WebLinkAboutPD 50; Milliken, Jesse and Florence; 73-161200; Future Improvement Agreement/Release1 '2 3 4 5 6 7 8 9 10 11 12 13 lit 15 16 17 18 19 20 21 22 23 24 25 26 -27 28 29 30 31 32 2449 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO . CITY OF CARLSBAD l-200 Elm Avenue Carlsbad, California 92008 Documentary Transfer Tax$ NIL - Computed on Full ValueTPropertl 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 f Sale. ~ r(d/ C-Y 4e-& eP&iKf&$a$$#t Or fi'lrm Name FUTURE IMPROVEMENT AGREEMENT Of OWNER : Jesse T,. md Flprence E. Milliken ADDRESS: 3481 Garfield St. Carlsbad, CA 92008 DATED: Fl 5. mc3 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. 2. 3. CITY hereby approves the 4-unit apartment at 4057 Garfield St.. Assessor’s Parcel No. 706-080-Ug 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 sole cost and expense, prepare plans and specifications, approved by CITY, for the construction -l- 0 73-17 - 3 1: 1: 1: 1; l! 1t 1: u x 2( 21 2: 2: 24 2i 26 *27 2e 29 3c 31 32 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 perforn 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. ARLSBAD, A Municipal on of the State of California STATE OF CALIFORNIA jss COUNTY OF SAN DIEGO ) - On this day of w- I in the year /Yp3 , - ,-- , - - . c in and for before me, F/A the State, known to rnE to bel%yor of the City of Carlsbad, California, and known to me to be the person who executed the within instrument on behalf of -2- 1151 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. - ! Signature w:\lLil-i,L j, f,JL ,,1 MARG&?ET E, ADAMS lWt.Lhi~ hfi’.It~ - CALirUnc;lti I --- I OWNER OWNER STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) l On- 8ti 1973 , before me, the undersigned, a Notary Publi.c"in and for s appeared -8, H I 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. Name (Typed or Printed) P. 0. Bdx 397, Carlshad, Calif. 92008 Approvec! as to form: -3- ’ T . 1452 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. All construction shall conform to City standards at time the work is done. Exhibit oB” 1. 2 3% v*3 ‘ . , -c-- - 1453 P AL/SADES I Mrr /a./747 < L . \ ‘\ Lot 10 in I)l'ock "I<" of Palisades, in the City of CaYlSb3d, COu9'Ly of San nicgo, State of California, according to 5'313 thereof xc. 1747, fi~Cd in the Office of the County Recorder of San Hiego Cocnty, Ye'lruary 5, 1923. This is not a survey of fhe !;lnd but is compiled fcr illfOrfEt?!i?n hy tbr Title Insurance and Trust Company from d~?fn sf~owp . by tfw oTficiC-l rec0rd.c. Exhibit ffA1v ‘,I ; :a . ,a . * 1 . I ( ‘\ .w FEE “< “\ \ \