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HomeMy WebLinkAboutV 200; Smart, Lois; XX174092; Future Improvement Agreement/Release8 9 10 11 12 13 14 15 IE 17 U? 19 20 21 2% 22 24 25 1 j! I’ i/ : /I j’ 1’ 1 I I; 26 :: /! RECORDING REQUESTED BY AND hem Pm WIIEN RECORDED MAIL TO P ri?.Q !itl!j~pj ~~~~~$f @F @Lz5d&&ITy CLERK . CITY OF CARLSBAD 1200 Elm Avenue AU6 6 3 53 M 'i'l Carlsbad, California 92008 Of-FICl& MCOROS SAN DIEGO COU#TY,CALIF, MAIL TAX BILL TO HAWLEY F,Bl.OOM flECOROER owner Named on Line 7 at Address Named on Line 8 NO FEE i 1 FUTURE IMPROVEMENT AGREEMENT , ’ : .OF 0 OWNER: Lois J. Smart ADDRESS: 2895 Ocean Street, Carlsbad, California 92008 (Mail - 269 S. Barrington Avenue, Los Angeles, California 90049) I DATED: "'&'- ' J PARTIES: The parties to this agreement are the City of Carlsbad, a municipal corporation of the State of California, hereinafter I !/ referred to as CITY; and the person or persons mentioned on Line 7 of Page 1 hereof, hereinafter referred to as OWNER, without regard to number or gender. 1 , i rn’trr;lnT-rnnmc. WV Y -,.,- rJ.1 2. I . It is m!.tr7all .* LLeU -"""1 ayeed by c;?&" parties hereto as follows: 1 1. CITY hereby*approves the variance as granted by the I Planning Commission Resolution No. 670, approved on July 28, 1970, on that certain real property, warranted by OWNER to be wholly owned by him, described on Exhibit A, attached hereto and by this reference incorporated herein. Also shown for convenience sake on Attachment "A", attached hereto and made a part hereof. 2. CITY does hereby temporarily waive the requirement that OWNER install along the street frontage of said proparty those certain public improvements listed on Exhibit B, 28 :: 11 j! 29 (j I 30 i attac’;;.ed hereJ< o and b-7 Y this reference incorporated hc.rein, 3. Upon written demand therefor by CITY, addressed to OWNER at the address mentioned on Line 8 of Page 1 hereof, OWNER shall forthwith, at his sole cost and expense, prepare plans and specifications, approved by CITY, for -l- 0 71-7 - ‘-:74092 / I,L’c.tM$g piI& .*. . .-., ( 3 the construction of said public improvements in the street ‘4 I: 8. 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 frontage of said property, and shall then forthwith con- struct said public improvements according to said plans and specifications, to the apprcval 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. 4. In the event title said property or a part thereof is sold, the herein stated obligation shall automatically also become the obligation of the new owner. 5, In the event OWNER fails to act as required in paragraph 3 above, after written demand therefor by CITY, CITY may perform i3KNER's said obligations and OFu'lu'ER 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 California STATE OF CALIFORNIA ) ss COUNTY OF SAN DIEGO ) - On this / before me, I in the year /f7/ , a Notary Public in and for said - - - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 -Ic A" 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 State, personally appeared , known to &!!d/d fl. &n/n{,-. 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 cf 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 SAN Dl%l LOuiw LLU 1 I OWNER OWNER -. --.-.- OmR STATE OF CALIFORNIA ) COUNTY OF hsGs Angeles On July 28th 1971 , before me, the undersigned, a Notary public in and for said State, personally appeared Lois June Smart I , known to me to be the person/?& whose name/XXis/XX@Xsubscribed to the within instrument and acknowledged that BX/she/G@$Xexecuted the same. t"""""""""""".,,,,,'~,,,,,~,,,,,, 111111,1,,,,,,,,,,((,,,,,,,,, I ,,,,),),,,,,,,, WITNESS my hand and Official Seal. i OFFICIAL SEAL THERESA M. WI&EL ; NOTARY PUBLIC-CALIFORNIA i FWWIPAL OFFICE IN LOS ANGELES COUNTY i n@ian Expires July 13, 1973 ; i ,....1.....‘1...11‘111111111( ,,,, llllU ,,,,,,,,,,,,,,,,,,,,, j Theresa M. Wiegel Name (Typed or Printed) -3- .- A -. LOiS J. Smart Legal Description: Lots 53 and 54, Block A, Hayes Land Company Addition, Map No. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1221, filed in the Office of the County Recorder of said County on November 4, 1909. Exhibit "A" * ,. 1 - -I . . - - - Lois J. Stl,ar 1. 2. 3. 4. - - Grading and paving of adjacent public right of way on Ocean Street to its centerline except that portion improved to City standards. Construction of P.C.C. curb, gutter and sidewalk abutting all street frontages of property on Ocean Street. Planting of street trees on Ocean Street or deposit of monies with the City to plant said trees. Undergrounding of utilities on Ocean Street. All construction shall cdnform to City standards at time the work is done. i Exhibit "B" - - ‘, I. . ., - - OCEAN I I I I 1 I l - r. c ;;r 09 , L/r\* I :? *a-\ . I 1 I I 1 I 51 I 52 1 I I 1 . I SJ . ) b. . I I I I I I I I HAYES ,/AND CO. Ii?‘% MAP NO, 2 ATTACHMENT