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HomeMy WebLinkAbout; Betker Construction Corporation; 12468; Future Improvement Agreement/Release2 3 4 5 6 7 ;; 8 9 .10 11 12 13 14 15 16 . 17 18 19 20 21 22 23 24 25 2s 27 28 29 30 31 32 : ‘^I7 *m-M-,“-_ _,-_ FI i ’ . . 'RECORDING REQUESTED BY AND WE-IEN ,RECORDED MAIL TO 12468 CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 FlLEj?AGE NO. . . . . . . . . . ..n".......".....~ MAIL TAX BILL TO Owner Names on Line 7 at Address Named on Line 8 _ . _ - . . _ _ -. _._ _ . . LOT SPLIT IMPROVEMEXTAGREEMENT (~~-128) Washington St. . Of OWNER: Betker Construction Corporation ADDRESS: -524 W. Commonwealth St., Fullerton, California DATED: / (9 7~ / PARTIES: The parties to this agreement are the City of Carlsbad, a municipal corporation of the State of California, hereinafter ref&rred 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. COVENANTS: It is mutually agreed by the .parties hereto as follows: 1, 2; 3. CITY hereby approves the division by lot split of that certain real property, warranted by OWNER to be wholly owned by him, into those individual lots particularly described on Exhibit- A, attached hereto and by this reference incorporated herein. CITY does hereby temporarily waive the requirement that OWNER install along the street frontage of said individual lots, 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 his sole.cost and expense, prepare plans and y specifications, approved by CITY, for the construction of said public improvements in t'ne street frontage of said lots, aiid shall then forthwith construct said public improvements according to said plans and specifications, to the approval of i -l- ,. ,", - _ .^ ,_ ._., ., -. _-._. _. . 1 -. - . 1 . 2 3 . _ - . 4 ,C 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2% 23 24 25 26 27 28 29 30 31 32 . a., .I -,_.--...-“. . , , 1 j i I !I i ; II i 11 1 1 I / I I I !. I I . . . _: -. . . . . @* * 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 lots, or as to any portion the.reof and as to any number.of said- lots; and the failure by CITY to demand said work as to any of said improvements or as to any of said lots, shall not constitute a waiver by CITY of its . 4. continuing right to demand such work in the future. In the event title to one or more of said lots is sold, the herein stated obligation shall automatically also become the obligation of the new owner of said lot or lots, provided however-that the owner of each lot shall be obligated only 5. with regard to the work in the street frontage of his own lot. In the event OWNER fails to act as required in paragraph 3 above, after written demand therefor by CITY, CITY may perform OWNER's said obligations and OWNER 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 COUNTY OF SAN DIEGO By: Mayor On this / '\' day of, DG!3zii&L - in the year /47a , before me, STUART C. WILSON, a Notary Public in and for said State, personally appeared v/y Ju,.books , known to me to be Mayor of the City o sbad, California, and known to me to be the person who executed the within instrument on behalf of said public corporation, agency or political subdivision, and .I . -2- ,.^ .,_. - ;_- -..-_. _I” . . ..- ._ ^ _.. . -. , - . - w... xh ,. 1 2 3 _ 4 5 6 9 14 .- OWNER 15 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. 16 171 On before me, the undersigned, a Notary Public in and for said State, personally appeared 18 ,’ 22 Signature P 23 19 , known to me to be the person/s whose name/s is/are subscribed to the within instrument and I 20 'acknowledged that he/she/they executed the same. WITNESS my hand and official seal. 21 24 Name (Typed or Printed) 25 26 28 ‘_ - . 29 32 . . . 49. . . : . . . . J acknowledged to me that such City of darlsbad, California executed the same. WITNESS my hand and officia'l seai. n*n- m”,l,” m”“m,,, ml,,““...~IMIII”II”““.“.“.-.... l - .- S+uAkT C: WILSON , % -a NOTARY PUBLIC * CALIFORNIA ; PRlNClPXL OFFICE IN ?WWl*Hi,Wiin*ramrunm*rr*umnnr uv r.n~~lssION EXPIRES JUNE 15* 19-p I STATE OF CALIFORNIA COUNTY OF&nno-- 1 “. 2 iI Ollnecemb~-- before me, * the undersigned, a Notary Public in and for said County and State, F: , d personally appeared HWIW~ A- FrkIrl cks SJ known to me to be the?t&Z&-President, and Vernon . P; T, Pli3lrlS --9 known to me to be 2 Secretary of the corporation that executed the ‘Z F within Instrument, known to me to be the persons who executed the iz within Instrument on behalf of the corporation therein named, and 8 acknowledged to me that such corporation executed the within u instrument pursuant to its by-laws or a resolution of its board of $j directors. 4 . 2, 0 -0 Signatur .sg -: x Name (Typed or Printed) Notary Public in and for said County and State 0 + S Y%x!lF FOR NOTARY SEAL OR STAMP + .I I h PARCEL SPLIT #128 LEGAL DESCRIPTION Parcel 1' The Northeasterly 100.00 feet of the Southeasterly 190.00 feet of Tract 223, of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, December 9, 1915. Exhibit "A" 11-24-70 - c - c “r ‘1 - 3 . . - . , c 1. Grading and paving of adjacent public right of way to its centerline except that portion improved to City standards. 2. Construction of P.C.C. curb, gutter and sidewalk abutting all street frontages of property. 3. Planting of street trees or deposit of mon,ies with the City to plant said trees. . All construction shall conform to City standards at time of the work is done. . Exhibit "B" ..- ” __ . .%k - li _ ~~ -