HomeMy WebLinkAbout; ; 89992; PropertyPARTIES: The parties
AGREEMENT
to this agreement are the
CALIFORNlA, a municipal corporation, hereinafter referred to as CITY;: and
J. 0. KINMAN, 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 has 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 as:
That certain portion of the Northwest Rarter 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, described as follows:
Beginning at the Northwest corner of said Section 6; thence along the
North line of said Section South 89O 59' East 1,099.55 feet to an inter-
of Sunnyslope Tract according to Map thereof No. 486, filed in the
section with the Northerly prolongation of the East line of Block 13
Office of the County Recorder of said County; thence along said pro-
longation and said East line of Block 13 South Oo 02' 36" West (Record South Oo 55' East) 334.14 feet to the TRUE POINT OF BEGINNING;
thence leaving said East line of said Block 13, South 89O 52' 11 " East
86.95 feet to a point in the Southwesterly Right-of-way line of the
California State Highway X1-SD-2B being also the arc of a 5,910 foot
North 64O 42' 58" East to said point; thence Southeasterly along the radius curve concave Southwesterly, a radial line of said curve bears
arc of said curve and along said Right-of-way line, 169.83 feet
through a central angle of lo 38' 47"; thence leaving said curve and
said Right-of-way line North 89O 42' 20" West 36.20 feet; thence
South 780 39' 36" West 36.57 feet; thence South 2O 32' 09" East
152.60 feet to a point in the North line of Knowles Street, 40 feet
wide; thence along said North line North 89O 42' 20" West 92.20
feet to a point in said East line of said Block 13, of Sunnyslope
feet to the TRUE POINT OF BEGINNING.
Tract; thence along said East line North Oo 02' 36" East 313.75
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1 B. As a condition to such approval of said requested lot split, said
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7 C. Installation of certain of said improvements at this time would be
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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 sidewalkr
abutting all street frontages of PROPERTY, and the planting of street trees
or the putting up of a deposit for their future planting.
impracticable.
COVENANTS: NOW, THEREFORE, it is mutually agreed ax follows:
A. CITY agrees, and does hereby approve OWNER% proposed lot split
and does hereby temporarily waive the requirement that OWNERinstall the
following listed improvements along the public street frontage of PROPERTY:
(1) Grading and paving of adjacent streets and public ways
to their center lines.
(2) Installation of concrete curbs, gutters and sidewalks
abutting all street frontages of PROPERTY.
,
(3) Planting of street trees or the putting up of a deposit for their future planting.
B. OWNER agrees tojoinin 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.
C. OWNER 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 in-
stalled 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
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1 assigns of OWNER, shall run with property, and shall create an equitable
2 II servitude upon PROPERTY. I 3
4 DATED&- ==13, t .
5 CITY OF CARLSBAD I
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ATTEST:
15 COUNTY OF SAN DIEGO: SS. II CITY OF CARLSBAD : 16
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@J 2-d 1963, before the undersigned, a
and for said*County and State, personally appeared,
WILLIAM G. GUEVARA, known to me to be the Mayor, and J. II.
PRICE, known to me to be the City Clerk of the City of Carlsbad,
a municipal corporation, that executed the within instrument, and
known to me to be the persons who executed the within instrument on
behalf of the City of Carlsbad therein named, and acknowledged to me
that such municipal corporation executed the within instrument pur-
suant to its motion duly adopted and passed on the 21st day of May, 1963.
.- .* T:ESS my hand and official seal. .I.;.,,, 1/,, .:
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and State.
STATE OF CALIFORNIA: COUNTY OF SAN DIEGO: SS, CITY OF CARLSBAD:
On /P 1963, before me, the undersigned,
a Notary n and for &id County and State, personally appeared J, Q,,!:!qMAN, known to me to be the person whose name is subscribed
t-0:; ‘the. ?M&i n,instrument, _....“-...._’ ;, ,, and acknowledged that he executed the same. . ..‘. :.x....\\‘..
:i’~~T~ESS&y~hand and official seal. .- ;y c 7.‘. --,. ;:, $ 1: 1.. :
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,A ‘. L ,, ,-; . ( B = 5 :, . . ,, ;;,:; .‘. : and State. <:. ,. .“.\.. ';
$“‘jl 3 , a ,‘; + ,,'I \\.. ;\ ii,,” . :il,~~*tIi'."" L
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-3- ?k9aret E. Adams, Notary Public
MY commissh cipins January 23, 1998
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Th8tpOPtlwrattfirr,~~&~lfan6,~~p 12Smth,~6biut,S8n Burmdmo l4arldn, in the clity of earls-bad, mwlty of s8n mqo, statu of tlzaluumla, dssaslbrdufollawrrr
B at thu roortfiwsrt oomur of ad Section 8, thurxt~ alogqgthdbrth UneafsnZdSactl~~~~ Smt&89%9'00" Zart,ad3stmeeof 990.06 fwttaan %ntwmbetimwllth thu l&mt~~lyprcpl~timolthe EIaster3ylir#raf81u~k wofs~slopo~,~~.436,~~~,~liorn~~ thancu Southurly dlortg llrafd Ibrthm~prolo~tl~mdthu Eizmdarly line of aaid Block 13, South 60%2’36’ Vest,
(Rword south ua”usw5w kruut) a iustmcs of 647.su ruut to
- thu mrth#rly ume of cuurty Buad SuJllveg Ho* 691, !!gDuwn u lcm3wleu strwt; thunce Esr-tsrly atlong the mrthurly linrs of I)lltid KmuXe8 Strest, South 89*42'20" East (I?mmd south 89?59'00* mst) a dlstrurce of 2s fwt to the Tpucb
Putit of B8gbr~bg; thunce retxukchg hrth 8S062r20m West l2.SUfwtj tlxermlm~s;rid WwtbW.yPI.moiKmnrLer Street md parallel tith said Black 13, of Sump Slqm Met PScrrth t3%2'36* Eatat 200 fmt; tfEIImcm Narth 64*9' Emt llS.Sl feet to the Scuthweutsrlpr%ghtofwny lime&that 180 foot astrip knmma;ac cI%lUonrir ShteEiiLswayxlt-=a, d+scHbed in Deed to the St&e c?f Cal%fcmZa, c6coFdod Dsctmaibar 12, 19s1, as Dacugene well 149817 of QfflcUl Reccmets. being a pu;int on the ttlplc of a curve con- Soutmstrsrly having a ra&us d S510 fumts 8 zwd2a.I l&w4 of slcrid cwve beams Worth 6$%3*41' %8t to said point; thence SouthSrly a10rtg the arc of m&d curve thraugA a central angle of 0*58%" a distance of 99.83 fwbt; wigncg leavings said Smzthwstsr2y rkght of way line F&&h 89*$2'20" West 36.20 feet5 theme South 78*39Qf5" Wst 98.11 f-t, to a line which ?mam Nerrth O*2'36a East f%ca the Tmm Point of B@rm~) thence South a*2*2W kTest 140 feet t0 the True Point of E@bning,
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SECURITY FIRST NATIONAL BANK
Carlsbad BlWlCh
Address P. o. nor 158 Carlsbad. califoraia
Date Se&ember 14. 1961,
Escrow No. 422.2748
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City of Carlebad
pi0 Hco
Carlsbad, California
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Gentlemen:
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Reference is made to an ins&ment executed by J. 0. Kinman, he&nafter
referred to an '*owner", to City of Carl&ad, hereinafter known as TXt@,
wherein said owner grants a lien to said City upon conditions therein contained, recorded May 19, 1964, under Recorder's File No. 89992.
Will you please furnish your Release of Uen together with your demand?
Very truly yours,
J
t Escrow Officer
HOWARD BAUMGARTNER
H. M. ~AUM~~ARTNCR. INC.
EUlLDlNO CONTC)ACTORs
P.O. EOX 277
CAR-BAD. CALIFORNIA
2200
22c 2522 I-61* 100 IOY Esuuw Dept. btwhd
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SECURITY FIRST NATIONAL BANK
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Address
Date
Escrow No.
c.rrrlsbsd BWlCb
P. 0. Box 158
California 17-l@+ 4?P-@&a
Mrs. Margaret Adams, City Clerk City of Carl&ad Carlsbad, California
Dear Mrs. Adams: -
with referencd'to the instrument executed by J. 0. Kinmm recorded May 19, 1964 under Recorder's File No. 89992.
We are enclosing a description and plat of the property nowcxmed by Howard M. and Cora E. Baumgartner on which we would appreciate receiving your Release of Lien.
Escrow Officer
encl.
2800
22c 2222 l-01* loo 1OY Etaow Dept. wthwd
TO:
MEMORANDUM --w------m
September 23, 1964
CITY ATTORNEY
FROM: ENGINEERING DEPARTMENT
SUBJECT: Street Improvement Construction Cost Estimate
for Kinman Lot Split Improvement Agreement Re-
lease.
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At the request of Mr. Kinman, owner of Parcels 1, 2 and
3, Lot Split No. 3, approved by City, June 19, 1963, on _ Knowles Avenue, this department has estimated the cost
of the following itemized street improvements for sub-
ject parcels:
1. Clearing and grubbing,@ Lump Sum. $ 50.00
2, 90 cu. yds of Roadway excavation,
63' $1.5O/cu. yd. $ 135.00
3, 92.20 lin. ft.,'Type "G" curb and
gutter, Q $2.00/lin. ft. $ 184.40
4. 368.80 sq. ft., 4" P.C.C. sidewalk,
@ $0.40/ sq. ft. $ 147.52
5. 1,429.10 sq. ft. of 2" A.C. paving
with chip seal coat laid upon 4" D.G.
base material (primed), @ $0.20/ sq. ft.$ 285.82
6. 162 sq. ft. 4" Driveway approach,
Q $0.45/ sq. ft. $ 72.90
Total Estimated Cost $ 875.64
Use for Bond Release $ 876~00
Respectfully submitted,
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C. R. THORNTON
Assistant City Engineer
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RETURN TO: L zics==
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City of Carlsbad /. i. ,
2960 Pio Pica Drive
f&a* 4
Carlsbad, California J-
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Locr 1 II 1x4
AGREEMENT r\,,&M"TES PAST I........ 3. SERltE 5 BOOK 1964 Iur pl%K&*~m,r AuRN.&- t@ 0
PARTIES: The parties to this agreement are the CITY OF CARLSBAD,
California, a municipal corporation, hereinafter referred to as
"CITY", HOWARD M. BAUMGARTNER and CORA E. BAUMGARTNER, husband and
wife, hereinafter referred to as 'BAUMGARTNER", and GEORGE C. SEYFERT
and MARGARET SEYFERT, husband and wife, hereinafter referred to as
"SEYFERT".
RECITALS: This agreement is made with reference to-the following
facts:
1. "CITY" and J. 0. Kinman by an agreement daters June 20,
1963, and recorded in the Office of the County Recorder of San Diego,
California, on May 19, 1964, of Official Records of said County, as
File/Page No. 89992, entered into certain agreements in regard to
a certain parcel of real property located in the City of Carlsbad,
County of San Diego, State of California, more particularly described
as:
That certain 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, described as follows:
Beginning at the Northwest corner of said Section 6;
thence along the North line of said Section South 89" 59'
East 1,099.55 feet to an intersection with the Northerly
prolongation of the East line of Block 13 of Sunnyslope
Tract according to Map thereof No. 486, filed i:; the
Office of the County Recorder of said County; thence along
said prolongation and said East line of Block 13 South
0" 02' 36" West (Record South 0" 55' East) 334.14't.o the
TRUE POINT OF BEGINNING; thence leaving said East line of
.said Block 13, South 89" 52' 11" East 86.95 feet to a point
in the Southwesterly Right-of-Way line of the California
State Highway Xl-SD-2B being also the arc of a 5,910 foot
radius curve concave Southwesterly, a radial line of said
curve bears North 64" 42' 58" East to said point; thence
Southeasterly along the arc of said curve and along said
Right-of-Way line, 169.83 feet through a central angle of
1" 38' 47"; thence leaving said curve and said Right-of-Way
line North 89" 42' 20" West 36.20 feet; thence South 78" 39' 36" West 36.57 feet; thence South 2" 32' 09" East
152.60 feet to a point in the North line of Knowles Street, 40 feet wide; thence along said North line North 89" 42' 20"
West 92.20 feet to a point in said East line of said Block
13, of Sunnyslope Tract; thence along said East line North
0" 02' 36" East 313.75 feet to the TRUE POINT OF BEGINNING.
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2. "BAUMGARTNER" and "SEYFERT" are successors in interest
to Kinman in regard to "PROPERTY" and wish "CITY" to forego exercisi
its rights against Kinman under Paragraph "c" of the Covenants of
said agreement at the present time.
COVENANTS: NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1. "CITY" agrees to forego exercising its rights against
"KINMAN" under Paragraph "c" of the Covenants of its said agreement
with "KINMAN", at the present time.
2. "BAUMGARTNER" and "SEYF,ERT", on behalf of themselves and
their successors and assigns, agree to be bound in favor of "CITY"
to all of "KINMAN'S" agreements contained in said agreement.
DATED: z LWY l
(SEAL)
:ORA E. BAUMGARmER
CITY OF CARLSBAD
of the City!of Carlsbi
Carlsbad, California
GEORGE C. SEv.ERT
TO 447 c
(In&idual)
- STATE OF CALIFORNIA
s&M D/E60 >
SS. COUNTY OF
0 TI
7; /46y before me, the undersigned, a Notary Public in and for said
State, personally appeared IkIwARD M, ij&u!&tIPr~CR. CORP E.
~/MCikRl=NEE! . GEORGE C, SEYFERT, ‘* MAR6mkr 5 r 5 eybmzl- . w
it
, known to me
to be the person L whose name 5 & subscribed
k to the within instrument and acknowledged that executed the same. STUART C. ViitLSgtil ;
NOTARY pU8CIC . CALIFURN~A ;
PRINCIP."d. OFFICE IN 3
SAN OIEGO COUNTY. f yyyuIu.",,,,,,,,~,,,,,,,,,,,,,,,,,~~~~~~~~~~~~~~~~~~~~~~~
Name (Typed or Printed)
(This an. k doId netwtal wd)
TO 449 c
(Corporation)
I STATE OF CALIFORNIA . San DIego COUNTY OF > ss.
0 !cI
T On t7 et; ? /a!$4 before me, the undersigned, a Notary Public in and for said . State, personally appeared - Carl H. Neiswen der
~&%&&and Margaret E. Adams 1
known = k to me to be 3( of the corporation that executed the within Instrument,
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Instrument on behalf of the corporation therein named and acknowledged to me that such corporation executed the within
&; fslf;i’$.gJy#e’too p #p$~pyyyyq Bfi #+g 1 B” ww, ‘ 1111#1,~11>1’ 11,11,11,I #I lilllll#.#i~.,~ .1,./I/,,, ., ./,,,., ,,., I.,, ,,, ,, ,, ,,,, ,,, ,, ,, ,,,.,,,.,,,,,,,,, ‘,,~
WITNESS my hand and official seal. 2 s’jsf,;:‘f c, -tJ~LSfJ>J ;
RU#!‘I!F ‘LY:.ll LI;LItL.:<I’*,H ;
l’li;:iClP.‘.L OkfILE IN Signature i:
SAN UltCO CUUNTY
St-UARt- c-1 wLsoM Name (Typed or Printed)
(This area for olllcial notarial seal)