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HomeMy WebLinkAboutPahl A W Jr; 1967-06-29;^ * AGREEMENT PARTIES: The parties to this agreement are the CITY OF CARLSBAD, CALIFORNIA, a municipal corporation, hereinafter referred to as CITY, and A« W. PAHL, JR. > 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 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 1. 137 lin.ft. of Type "G" curb and gutter, 5' P.C.C. sidewalk; clear- ing and grubbing, roadway excava- tion and 2" A.C. paving laid upon 4" minimum D.G. base material, primed, 8 $9.00/foot for a subtotal of $1,233.00 $1,233.00 2. 2 ea. 4" V.C.P. sewer services, @ $126.50 ea$ 253.00 3. 1 ea., water service, 8 $75.00 each, $ 75.00 4. 4 ea., street trees, 6 $5.00 each. $ 20.00 TOTAL $1,581.00 As a part of his consideration to be furnished in connection with this Agreement, OWNER shall furnish to CITY, a surety bond in a form approved by CITY in a total amount of not less than $1,581.00, insuring the Agreements of OWNER herein contained to install said improvements as required herein. Said bond shall provide that in the event OWNER fails to install improvements as herein required, that the proceeds from said bond shall be furnished to CITY in payment of CITY'S costs and expenses in the installation of said improvements as herein contemplated. Said bond shall be kept in full force and effect by OWNER until said improvements have been installed and paid for, and it shall be provided as a part of OWNER'S contract with the bonding or insurance company that CITY shall be notified in the event said bond is not maintained in full force and effect by OWNER. (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. (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 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: ^l^M_J^JIC_^_JL_^^_i____/ CITY OF CARLSBAD Mayor of the City of Carlsbad, Carlsbad, California ATTEST: City^llerk July Ifc, 1966 Legal Description Parcel 'A1 Lot 7, Wilsonia Tract, being located in the City of Carlsbad, County of San Diego, State, of California, according to Map thereof No. 2169, filed in the Office of the County Recorder of said Countyi EXCEPTING THEREFROM the following described Parcel I Beginning at the most Northerly corner of said Lot 7; thence along the Northwesterly line of said Lot, South 55° 25' 22" West (Record South 55° 27' West) 10.00 feet; thence parallel with the Northeasterly line of said Lot, South 3^° 33' East 60.00 feet to the TRUE POINT OF BEGINNING; thence South 55° 27' West 93.00 feet; thence South 3*+° 33' East k2.6k feet; thence South 55° 27' West 10.00 feet; thence South J>k° 33' East 35.00 feet more or less to the Southeaster! v line of swi'i Lc* 7; thence North 55° 18' 21' East (Record North,55° 27' East 103.00 feet more or less to a point on a line that is r»«rallei with and distant 10.00 feet Southwesterly, measured .«t right angles, from the Northeasterly line of said Lot 7; thence along' said parallel line North 3^° 33- West 77.^5 feet more or less to the TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM the Northeasterly 10.00 feet, measured at right angles to the Northeasterly line of said Lot 7. Containing therein, 3^,761 Square Feet. TFJ/jm EXHIBIT "A", Page 1 July Lega] Description Parcel 'B' That certain portion-of Lot 7, Wilsonia Tract, bei.ng located in the City of Carlsbad, County of San Diego, Fhnte of California, according to Map thereof No. ?l^r-. filed in the Office of th£ County Recorder of said County, described as follows: Beginning at the most Northerly corner of said Lot 7; thence along the Northwesterly line of said Lot, South 55° 25' 22" West (Record South 55° 27' West) 10.00 feet; thence parallel with the Northeasterly line of said I-ot, South 3'+° 33' East 60.00 feet to the TRUE POINT OF BEGINNING; thence South 55C 27' West 93.00 feet; thence South 3^° 33* East ^2.6^ feet; thence South 55° 27' West 10.0(3 feet; thence South J>k° J>y East 35.00 feet more or less to the Southeasterly lire <*r said Lot 7; thence North 55° ifi1 21" East (Record N^rth yi° 27' East) 103.00 feet -ore or less to a point on a line that is parallel with and dletar.' 10.00 feet Southwesterly, measured at right angles from the Northeasterly line of said Lot 7; thence along said parallel line North 3^° 33' West 77.^5 feet more or less to the TRUE POINT OF BEGINNING. Containing therein, 7,562 Square Feet. TFJ/jm EXHIBIT "A", Page 2 OF CALIFORNIA, County of San.Diego. On this ?.?!th \ss. 67 AUDREY B. CURLEY \ NOTARY.PUBLIC - CALIFORNIA j PRINCIPAL OFFICE IN I SAN DIEGO COUNTY j ..S.6..?."?.®.1!1;??.^ in the year one thousand nine hundred and... before me Au4rey-B.-CuF-ley , « Notary Public in and for the County of San....Diego personally appeared Gerald. C....McClellan known to me to be the person whose name is subscribed to the within instrument as the Attorney -in-fact of the INSURANCE COMPANY OF NORTH AMERICA, and acknowledged to me that he subscribed the name of the Insurance Company of North America thereto as principal, and his own.name , as Attorney -in-fact. AUDREY B. CURLEY My Commission Expires July 1 Public in andfor Sa,n..piegp SB-125— — 2-1-61 Printed in U.S.A.