HomeMy WebLinkAbout; Betker Construction Corporation; 12468; Future Improvement Agreement/Release2
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'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
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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
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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
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OWNER 15 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss.
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171 On before me, the undersigned, a Notary Public in and for said State, personally appeared 18
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22 Signature
P
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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.
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24 Name (Typed or Printed)
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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
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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
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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.
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All construction shall conform to City standards at
time of the work is done.
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Exhibit "B"
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