HomeMy WebLinkAbout; Miller, Dean and Marian; 74-066774; Future Improvement Agreement/Release; ,. ., :; ,. j ( I(_ _: ,,,_ . . ._ y k>-- jr.., ,.ll _r, ,o 3 ., Ic <ii.
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17 COVENANTS: It is mutually agreed by the parties hereto as follows
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32 and specifications, approved by CITY, for the construction '
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO
CITY OF CARLSBAD .1200 Elm Avenue
Carlsbad, California 92008 Documentary Transfer Tax$ /a L
- Computed on Full Value-of Property MAIL TAX BILL TO Conveyed,
Owner Named on Line 7 at - Or Computed on Full Value Less Lie
and Encumbrances Address Named on Line 8 Remaining at Time
of Sale.
. ll?m UF CAMSBAD k'irm.Name
FUTURE IMPROVEMENT AGREEMENT
OFJNER: W. Dean Miller and Marian E. Miller
ADDRESS; 1419 Hunsaker St.,- Oceanside, CA 92054 .
DATED: March 6, 1974 .w
PARTIES: The parties>to.this agreement are t&e City of Carl&ad,
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.
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CITY hereby approves the . Parcel Spl It No. 776
Asskssor’s Parcel No. 156-163-42
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 Atta,chment 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 -
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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.
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. In the event OWNER fails to act as required in paragraph 3
above, after written demand therefor by CITY, CITY may perforn
6.
OFWNER's said obliga tions .and OWNER shall upon written demand
therefor, reimburse to CITY-its costs therefor,
This Bgreement shall be binding upon and inure to the benefit
” ,.*,-‘.“‘. . :,.&’ i.rg .,I ,.;__ ..“ ‘, ..,.9#y..,$&~ A, _; . ‘, 5;t * , . . :.*-%q we, .,. P <-, ,pi* * j .- >r*.$;, _ .~.~ I
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of said public improvements in the street frontage of said
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 '
On this 8th day of March in the year 1974 ,
E:)efore r[\e, VIRGINIA M. SMITH I i Notary Public in and fOlr
the State, personally appeared l-)AVTn M nl[&jjF , known to I-K
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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said public corporation, agency or political subdivision, and
acknowledged to me that such City of Carlsbad, California executei
the same.
WITNESS my hand and official seal.
Signature
7iskL-* OWNER Maria.n E. Miller
OWNER
STATE OF CAL.IFORNIA )ss
COUNTY OF SAN DIEGO ) l
On February 4, 1974 , before me, the undersigned, a Notary
Public in-and for said State; personally appeared
W. Dean Miller and Marian E. Miller
I known to me to be the person/s
whose name/s'is/are subscribed to the within instrument and (
WITNESS mv hand and official seal.
Signature 'h: 'T&?Y PUBLIC-(-AI ,~n~)h,,,, Q Y+” ” -‘? ,, SAr\! PIEGO, &&J‘;;;“‘” /)
MY Cmnllsslon ExprresApr. 15,1g75
Carole A. Penninqton
Name (Typed or. Printed)
1’. 0. ROY 1247, Carkbad, Calif. 92008
Approved.as to form:
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EXHIBIT “A”
All that portion of the Northwest Quarter of Section 6, Township 12
South, Range 4 West, San Bernardino Base and Meridian, in the City of
Carlsbad, County of San Diego, State of California, according to United
States Government Survey, bounded by a line described as follows:
Beginning at a point on the Northerly line of Tract 117, Carlsbad Lands,
distant thereon North 89”57’00” West 389. 03 feet from the Northeasterly
corner of said Tract 117, as same is shown on Map of Carlsbad Lands,
No. 166 1, records of San Diego County; thence along the said Northerly
line of Tract 117, North 89”57’00” West a distance of 61. 01 feet; thence
North OO”55’00” West to the Easterly prolongation of the Northerly line
of the land described in deed to Charles Henry and Anita Maria Harvey,
dated October 17, 1930, and recorded in Book 1838, Page 91, Record
of Deeds; thence along the Easterly prolongation of the Northerly line of
said Harvey land, North 89”52’38” East, a distance of 61. 01 feet; thence
South OO”55’OO” East parallel with the Easterly line of the Harvey land,
341. 82 feet to the Point’of Beginning.
Excepting therefrom the Northerly 27. 00 feet thereof as granted to the
City of Carlsbad, by deeds recorded September 22, 1965 as File No. 172129
and November 30, 1965 as File No. 215894.
Also excepting therefrom the Southerly 40. 00 feet thereof as granted to the
County of San Diego by deed recorded April 28, 1931 in Book 1887, Page 227
of Deeds.
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B !; 433
Grading and paving of adjacent public right of way
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.
Planting of street trees or deposit of monies with
the City to plant said trees. \
Installation of street lights and payment of 18-month
energy charges as required by City Engineer.
I terns 1, 2, and 3 apply to Laguna Drive frontage only.
All construction shall conform to City standards at time the
work is done.
exhibit "g"
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FILE, GE NO, ‘74’()66774 ,‘ . .-’ ,: -
BOOK 1974
#AR 18 9 27 AH’74
OFFICIAL RECORDS SANOlEOOCOUNfY.CALIF. HARLEYC.BlOOM RECOROER
NO FEE
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6 The City Council of the City of Carlsbad, California, does
7 hereby resolve as follows:
a 1. That the certain agreement between the City of Carlsbad
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RESOLUTION NO. 3372
A RESOLUTION OF THE C::TY'COUNCIL OF THE CITY OF CARLSBAD, CALIFCRNIA, APPROVING AN AGREE- MENT BETWEEN THE CITY OF CARLSBAD AND W. DEAN AND MRRIAN E. MILLER FOR PARCEL SPLIT NO. 226, I LAGUNA DRIVE AND STRATFORD LANE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
and W. Dean and Marian E. Miller for Parcel Split No. 226,
Laguna Drive and Stratford Lane dated the 6th .day of
fllarch , 1974, a copy of which is attached hereto and
incorporated herein by reference is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and
on behalf of.the City of Carlsbad.
adjourned PASSED, APPROVED AND ADOPTED atanregular meeting of the City
Council of the City of Carlsbad, California, held on the 6th
day of March, 1974;by the following vote, to wit:
AYES: Councilmen Dunne, McCornas, Lewis, Chase and Frazee
NOES: None
ABSENT:' None
(SEAL)