HomeMy WebLinkAboutV 200; Smart, Lois; XX174092; Future Improvement Agreement/Release8
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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
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.OF
0 OWNER: Lois J. Smart
ADDRESS: 2895 Ocean Street, Carlsbad, California 92008
(Mail - 269 S. Barrington Avenue, Los Angeles,
California 90049)
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DATED: "'&'- ' J
PARTIES: The parties to this agreement are the City of Carlsbad,
a municipal corporation of the State of California, hereinafter
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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.
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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,
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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
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‘-:74092 / I,L’c.tM$g piI&
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3 the construction of said public improvements in the street
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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
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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
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n@ian Expires July 13, 1973
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Theresa M. Wiegel
Name (Typed or Printed)
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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"
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Lois J. Stl,ar
1.
2.
3.
4.
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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.
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Exhibit "B"
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OCEAN
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HAYES ,/AND CO.
Ii?‘% MAP NO, 2
ATTACHMENT