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HomeMy WebLinkAbout; Dvorak, Emil; 173536; Future Improvement Agreement/Release. t9\ 3 i ’ I- f?.;‘r AGREEMENT I : 0,~ g PARTIES: The parties to this agreement are the CITY OF CARLSBAD, CALIFORNIA, a municipal corporation, hereinafter referred to as CITY, and EPHIL E , DVORAK , hereinafter referred to as OWNER, without regard to number or gender. RECITALS: This agreement, executed in duplicate, a copy of which has been received by each party hereto, is made with reference to the following facts: (a) OWNER h as requested CITY, pursuant to Carlsbad City Ordinance No. 9050, Section 500, as amended, to split his certain real property, herein- after referred to as PROPERTY, located in the City of Carlsbad, County of San Diego, State of California, more particularly described in Exhibit “A”, attached hereto and by this reference incorporated herein. (b) As a condition to such approval of said requested lot split, said ordinance requires that OWNER be required to construct certain improvements, including but not limited to grading and paving of adjacent streets and public ways to their center lines, installation of concrete curbs, gutters and side- walks abutting all street frontages of PROPERTY, and the planting of street trees or putting up of a deposit for their future planting. (c) Installation of certain of said improvements at this time would be impractical. COVENANTS: NOW, THEREFORE, it is mutually agreed as follows: (a) CITY agrees, and does hereby approve OWNER’S proposed lot split and does hereby temporarily waive the requirement that OWNER install the following listed improvements along the public street frontage of PROPERTY Roadway excavation; clearing and grubbing; 2 inches of asphaltic concrete on 4 inches of base; type G curb and gutter; 4 inches of Portland cement concrete side,walk; and appurtenances . b c. . * .- ’ . I . (b) OWNER agrees to join in and cooperate fully with any proposed improvement, improvement district, or other proceeding hereinafter instituted for the purpose of causing the installation of any or all of said improvements. (cl GWNER agrees to install and pay for any and all of said listed improvements upon written notice so to do from CITY. In the event OWNER fails to install and pay for said improvements when required to do so hereunder, CITY may cause said improvements to be installed and OWNER shall pay the cost thereof to CITY. (d) OWNER hereby grants to CITY a lien on property to secure the performance of each and all of his agreements hereunder. (e) This agreement shall be binding on and against the successors or assigns of OWNER, shall run with property, and shall create an equitable servitude upon PROPERTY. DATED: 5&pr 97, fib6 / CITY OF CARLSBAD Mayor of the City of Carlsbad, Carlsbad, California > ss* County of San Diego ) On this 37 77+ day of before me, Stuart C, Wilson, ~~,,“7?~in~th~~~$~~~te, a otary Pu lit in and for sai x ersonally appeared W, C, Atkinson Jr. and Margaret E, Adams, nown to me to be the Mayor and City Clerk respectively of the City of Carlsbad, California, and known to me to be the persons who executed the within instrument on behalf of 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 STUART C. WILSON STUART C. WILSON ; NOTARY WSLIC CALIFORNIA $ PRINCIP.\L OFFICE IN i $ * SAN DIEGO COUNTY i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 .:4 .-_-__-." .-^-. 4. That certain real property located in the City of Carlshad, County of San Diego, State of California, described as Lot 11, Wilsonia Tract, according to Flap thereof Number 2169 on file in the Office of the County Recorder of said County, I’. ,, .r.; ‘^;. ~,..i , .,; . .._. :;;’ .$‘,$A <:,;;; EXIIIBIT “A” ‘Q i.?j{<l;)~f $34 $ilG7Yi l,TR ‘(” _.., t.,.i “:-,:,.:::: i.. . . . . . . . . .‘: “. . ; , i. : T , ! * 1 :r~. ; i. -1 _~ 5 .s i’ : :’ ‘, f ‘ 7 : ’ I j,,. .I’ / ,-’ .<‘, . . , * ,,. :,. 0 j*<! ;:i,,; L 1. '."3f i ,. _: t . , '/ .1 / .p _ ?' ', *, ; J " ,.'., ._': ‘.,, i i *: I$ : i.;.i. .i-.i : - c”C”T 3 1 1966 d.~..MINUrE3 9 PAST . . . . . . *. . . . sCu~~l~AB~~~D~966 SAN DIEGO COUNTY, CALIFORNIA A. S. GRAV,COUNTY RECORDER w !i / I 1: / &@ 1 e - TO 447 c (Individual) 0 TI STATE OF CALIFORNIA SAN DIEGO > ss. COUNTY OF ‘r t 0” SUT 27. /aJs before me, the undersigned, a Notary Public in and for said State, personally appeared EMIL E, DVORAK ,, /, , known to me to be the person whose name subscribed i S to the within instrument and acknowledged that he executed the same. STUART C. WILSON Name (Typed or Printed) ~n”,“,,,n”,“-,mmllmmnlmunnmn g STUART C. WILSON 1 : NOTARY WBLIC . CALIFORNIA 1 PRINC;P.?L OFFICE IN ! i SAN OIEGO COUNN I (This wea for offloial notarial real)