The URL can be used to link to this page

Home My WebLink About; Boyce, Elmer; 104878; Future Improvement Agreement/Release‘. 1 'e *RETURN TO - - 1 City of Carlsbad 2960 Pio Pica Drive Carlsbad, California AGREEMENT . PARTIES: The parties to this agreement are the CITY OF CARLSBAD, CALIFORNIA, a municipal corporation, hereinafter referred to as CITY, and E lrnor E&card &-Jyce , 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- w3fks 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 OWNEH’S proposed lot split and does hereby temporarily waive the requirement that OWNER install the following listed improvements &4~~~~lls~ie6~~~1lgp1~iU&EQZ~ in the sastzrly or,a-half of Hoover Street 110.33 feet rzortiierl>p of its intersEction witk Adazs Strtrt, and iri th;le easterly me-!:slf oi Admxs Street 163 feet sout5;arlJ: of its izttirsactiog wit!-! i-ioovar StrGzt: 1. Clfariag, grubbing, and roadwsy txcsvstiorr. 2, Installation of se%‘2r m2i.n snd laterals c”s apgrov2d b!r t:lf city gnzineer, lnstallatian of select base naterizl fi asp.naltic with sto~~a-chi~;~zd ~121, OFFlClAL RECORDS SAN DIEGO COUNTY, CALIFORNIA 66-4 A. S. GFAY.COUNTY RECORDER f@ t* 0 ’ m . 4 r * A* 1 . (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 h ereby 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: MdlJ t-7 7, 4466 CITY OF CARLSBAD 1 : .~y+T’I‘EST: ; I. i :,* ‘t “. **. , ‘-, *:! ‘_ * Mayor of the City of Carl’sbad, Carlsbad, California V Owner . State of California) > 5s. COl;ilty of San 9iego) On this aOm day of MfiV , in the year IT& , before me, Stuart C. FVilson, a Notary Public i:l ar;d for said State, personally appeared if, C. Atkinson Jr. alzd Kargaret E. Adams, known to me to be the $iayor 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 tha.t such City of Carlsbad, California executed the same. K I TI”<E S S my hand and official seal, Signature STUART C. WILSON 1 NOTARY PUBLIC - CALIFORNIA ! PRINCIPo1L OFFICE IN SAN D/EGO COlJNn TO 447 c (Individual) > q?‘? 0 TI STATE OF CALIFORNIA ss. COUNTY OF t On I l - before me the undersigned, a Notary Public in and for said State, personally appeared ‘EuAe’R E. Bovclz : W ii! 2 to be the person whose name subscribed ( 5 ~a to the within instrument and acknowledged that executed the same. !+ E 1 , known to me ““,,,,, ,‘“,,“,,,‘,“,“#,,I,,“” ,,,,W,, “,,,“,J,,“I”“IIJ)I(*Illlllll(lll(tllllll~~~’~~~ STUART C. WILSON NOTARY PUGLIC . CALIFORNIA Name (Typed or Printed) (This area far otAcial notarial seal) HYDR0GRAPMlC SURVEYS LAND PLANNING LEGAL DRSCRIPTIOM DONALD H. HOLLY LICENSED LAND SURVEYOR 2965 ROOSEVELT - P.O. BOX 614 , ssj CARLSBAD, CALlFORNlA 92008 PhoX719-594 1 November 9, 1965 Legal Description ; Parcel A , _-._ ~.._ ;- I---- * .I P ), ,j -- ,- - :.,- I * ' That certain-portion of Lot 5 in Block C of Bellavista,.in the City of Carlsbad, County of San Diego, State of California, according to Hap thereof No. 2152, filed in the Office of the County Recorder of'San Diego County, March 7, 1929, described a6 follorst Beginning at a point in the Easterly line of said Lot 5, distant thereon, North 16" 39' Wecrt 75.00 feet from the mO6t Southeasterly corner of said Lot; thence parallel with the Southerly line of said Lot, South 73" 21' West 45.00 feet: thence parallel with the Easterly line of said Lot, South 16' 39' East 31.00 feet; thence parallel with the Southerly line tif said Lot, South 73" 21' Vest 75.OO.feet;. thence parallel, #qkth the Easterly line of said Lot, North 16" 39' W&t Z.00 i feet; thence parallel with the Southerly line of *id Lot, South 73" 21' West 4.25 feet; thence parallel with the Earrte erly line of aaid Lot, North 16" 39' West 114.11 feet to the i ,.._I. Northerly line of rsaid Lot; thence alone mid Northerly line, North 84. 21' East 126.9 feet to the most Northeasterly corner .' 2 of said Lot: thence Southerly along the Qaterly line of aaid Lz,‘*,,i .,.“,*“l.,a,,,r.,,.,:Tr . . . . . . ,.I I ,. /VI &‘~,” i .‘,. ~lu4.;to~~,-~~~u~~~~ $@ tp* ,Baat )a9.$- feet to. the ~Poixkt ,>, 'I 8, ** .',' or Betinhknkc ,-:----* ---- - a? R I Containing therein, 15,002 square feet. ’ w : ‘-I -‘-cqsi.li,l ” -,liw,r;~>r. ,:.&L. ., ii - ‘,* zi- pi .- MEMBER: -r. ,. .I AMERICAN CONGRESS-bN SURViYlNG A& MAPPING pj6E / ,_- -YE CC,,,,; * , i HYDROGRAPHIC SURVEYS DONALD H. HOLLY LICEkSED LAND Slh’EYOR 2965 ROOSEVELT - P.O. BOX 614 CARLSBAD, CALIFORNIA 92008 Lee1 Description Parcel B Being portions of Lot th* ci~~~of-c&~&~', Phone: 729.5941 November 18, 1.965 LAND PLANNING LEGAL DESCRIPTIONS 4 pnd Lot 5&i? .J&nak F SoI BellaQ.sta,.sip Couniy of San Diego, State of Califdkhia, according to Hap thereof No. 2152, filed in the office of the County Recorder of San Diego County, March 7, 1929, described 1 as follous: Beginning at the Southeasterly corner of said Lot 5; thence Northerly along the Easterly line of said Lot 5, North 16” 39’ West 75.00 feet; thence parallel with the Southerly line of said Lot 5, South 73” 21' West 45.00 feet; thence parallel with the Easterly line of Mid Lot 5, South 16” 39’ East 31.00 feet; thence parallel with the Southerly li<ne of said Lot 5, South 73” 21' Weat 75.00 feet; thence parallel with the East- erly line of aaid Lot 5, North 16” 39’ West 31.00 feet; thence parallel with the Southerly line of said Lot 5, South 73” 21' West 4.25 feet to the TRUE POINT. OF BEGINNING; thence continuing parallel with the Southerly line of said Lot 5, South 73” 21' East 107.47 feet to the Westerly line of said tit 5, said line also being the Easterly line of said Lot 4; thence along the Westerly line of said Lot 5, South 16” 39’ East 28.82 feet to a point, Mid point being the most SoutheaaterlJ corner of aaid Lot 4; thence along the Southerly line of slid Lot 4, South 73" ,, ,, ,?!,!:.,/A . . ,, I -,* '.I _..,?-_2$’ W~epLl*OQ feet6 t&enee paral.leA-~*a &he W+&er&-+&e46 .(cY.r)_r--.d .: ._.. . . said Lot 5, North 160 39’ West 143.67 feet, more or led, to ' a point which is on a line that ia parallel with the North- easterly line of said Lot 4, 20.00 feet diatant Southwesterly therefrom, measured at right angles; thence along said parallel line, North 630 49’ West 216.60 feet more or lesa to the North- reaterly line of said Lot 4; thence along said Northwesterly line, North 260 11' East 20.00 feet to the moat Northerly corner of said Lot 4; thence along the Northeasterly line of eaid Lot 4, South 63” 49’ East 212.77 feet to the moat Northeasterly corner of maid Lot 4,ialao being the moat Northwesterly corner of said Lot 5; thenca along the Northerly line of said Lot 5, North 84* 21' East 109.48 feet more or less to intersect a line parallel with and diet-ant 124.25 feet Westerly, measured at right anglem, from the Easterly line of araid Lot 5; thence along said parallel line, South 1.6” 39’ East 114.11 feet more or lees to the TRUE POINT OF WINNING. Containing therein, 19,216 square feet. .,,t ,-a_” .=- e..+4k ~. _ 9.-=--L -se - __^-- -“-* --N~A.y _c__-m.**I_-I. _ _ -2 -- =“- .--.-- AEMBER: AMERICA:&NGRESS ON SURVEYING AND MAPPING ',L,,. Efflh!?/t A I p-6F 71k r”~ ..-- .-r-- *.-- - -, ~,, _ ,~~;.F,-.r _. e.3 -?, -.- Yassd2-- --=- I 8-2 m _-/ u . -’ &A&,. . ..? .- z MYDROGRAPHIC SURVEYS SURVRYS DONALD H. HOLLY LICENSED LAND SURVEYOR 2965 ROOSEVELT - P.O. BOX 614 CARLSBAD, CALIFORNIA 92008 Phone: 729.5941 Legal Description 'I'hat cdrtain portion of Lot 4 in Block C of Bellavi8ta, in the City of Carlabad, County of San Diego, State of California, according to Mnp thereof No. 2152, filed in the Office of the County Recorder of San Diego County, March 7, 1929, described as follows: LAND PLANNING LEGAL DESCRIPTIONS November 18, 1965 Beginning at the most Southeasterly corner of eaid Lot 4; thence along the Southerly line of said Lot 4, South 73” 21' West 10.00 feet to the TRUE POINT OF BEGINNING; thence continuing along said'Southorly line, South 73” 21' Weart 195.50 feet more or less to the most Southerly corner of said Lot 4; thence along the Westerly line of said Lot 4, North 260 09’ West 160.00 feet to the beginning of a tangent curve, concave Southwesterly, having a radius of 465.00 feet; thence Northerly along the arc of maid curve 56.60 feet through a central angle of 6’ 58’ 25” to the most Weabterly corner of Lot 4; thence along the Northwesterly line of aaid Lot 4, North 26O 11' East 110.30 feet more or less to intersect a line parallel with and distant 20.00 feet South- westerly, measured at right anglea, from the Northeasterly line of said Lot 4; thence along eaid parallel line, South 63” 49’ East 216.60 feet more or less to a point on a line which is parallel with and distant 10.00 feet Westerly, measured at right angles, from the Easterly line of aaid Lot 4; thence along eaid paral$,el liar, South 16’ 39’ East 143.67 feet more or le8s to the TRUE POINT OF BEOIWNING. AND MAPPING