HomeMy WebLinkAbout; Brack, Lucien & Ellen, & Bagier, Douglas & Marzia; 79974; Future Improvement Agreement/Releasec-?‘--sn . . f-z,
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RECORDING REQUWTED BY AND
WHEN RECORDED .IL TO
CITY Ok CARLSBAD
1200 Elm Avenue Carlsbad, California 92008
MAIL TAX’BILL TO.
Owner.Named on Line 7 at Address Named on Line 8 @RN ~~i83 WNTY,. CALIFORNIA A. 5. CRK, r*2JlJ&$y RECQRDER
. MO FEE
LOT SPLIT IMPROVE!~ENT AGREEMENT
of
OWNER:, ,L UC* n
ADDRESS: 446 Chinquapin Avenue, Carlsbad, California 92008
DATED : Jurv 71, 1969
PARTIES: The parties to this agreement are the City of Carlsbad,
a municipal corporation of the State of California, hereinafter
referred 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 parcel map procedure of
that certain real property, warranted by OWNER to be wholly
owned by him, into those individual lots particularly describe
on Exhibit A, attached hereto and by this reference
incorporated herein, .
CITY does hereby temporarily waive the requirement that OWNER
install underground utility distribution facility to each said
lot and an ornamental street light in the public street
frontage of said lots.
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
specifications, approved by CITY, for the construction of said
improvements and shall then forthwith construct said improve-
ments according to said plans and specifications, to the
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approval of .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 thereof and as to any number of said lots, and the
failure by CITY to demand said work as to any of said improve-
ments or as to any of said lots, shall not constitute a waiver
by CITY of its continuing right to demand such work in the
future ,
4. 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 for
the installation of the underground utility distribution
facilities to his own lot and for one quarter of the cost of
the ornamental street light.
5. 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
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therefor, reimburse to CITY its costs therefor.
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.
In the event an improvement district proceeding is initiated
which proposes to install some or all of the herein stated
improvements, OCVNER does hereby waive his right to protest
formation of said district and agrees to fully co-operate with
.- 555
said .proceeding, CITY OF CARLSBAD, A Municipal Corporation of the State of California
BY :+/s-f’ mayor
STATE OF CALIFORNIA ) .
COUNTY OF SAN DII’GO ) “*
On this SW day of ll/I&v , in the year /q6f , before
1 me
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STUART C. WILSON, a Notary Public in and for said State,
isonally appeared j-yj-u~p /t/f, DUNQ-E known to me
yor of the City of Carlsbad, California, and k;own to me to rson who executed the within instrument on behalf of said p
rporat'ion-, agency or political subdivision, and acknowledge
that such City of Carlsbad, California executed the same.
TNESS my hand and official seal, r”“““‘“““““‘“‘,,~~~~~“~,,.,~,,~~,,,,,~”~~--~~,,-~“~;
STUART C. WILSON
NOTARY PUBLIC . CALIFORNIA
a
gnature
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to be be the ublic ,d to
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STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) "*
On May2, 1969 .' before me, the undersi ned
Public in and for said State, personally appeared f, a Rotary ucie'n P. Brack,'
Helene Brack, Douglas,W. Bagier and Marzia W. Bagier
,known to me to be
person/s whose name/s is/arc subscribed to t$e within instrument
the
and acknowledged that he/she/they executed the same.
WITNESS my hand and official seal,
,/’ /r\
1 W. JOSEPH PARIS1 g
NOTARY PUSLIC CALIFORNIA g
PRINCIPAL OFFICE ,N
SAN DIEGO COUNTY i
LII‘,, ““(‘~““~~““‘~~‘~~‘l’~‘l1lil1llllll1il(illi,,,,,,,,~,,,~,,, lillllll,,,l/ j ,,,,,,,,,,,,,,,,,,, (,,,,,,,,,,,,/,,,,,,,,,,,,,,,,,,,,,,,,, i
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January 27, 1969
Parcel No. 1
Brack
DESCRIPTION
That portion of Tract 232 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, described as follows:
Beginning at a point in the centerline of Chinquapin
Avenue South 61" 20' 20" West 728.66 feet from the point
of intersection of the centerlines of Jefferson Street
and Chinquapin Avenue: thence North 28O 39' 40" West
30.00 feet to the TRUE POINT OF BEGINNING: thence
continuing North 28O 39' 40" West 110.00 feet: thence
South 61° 20' 20" West 73.50 feet: thence South 28O
39' 40" East 110.00 feet: thence North 61° 20' 20"
East 73.50 feet to the TRUE POINT OF BEGINNING.
Exhibit "A", Page 1
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January 27, 1969
Parcel No. 2
Brack
DESCRIPTION
That portion of Tract 232 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, described as follows:
Beginning at a point in the centerline of Chinquapin
Avenue South 61° 20' 20" West 728.66 feet from the point
of intersection of the centerlines of Jefferson Street
and Chinquapin Avenue: thence North 28O 39' 40" West
140.00 feet to the TRUE POINT OF BEGINNING: thence con-
tinuing North 28O 39' 40" West 89.97 feet to the Southerly
line of Bali Hai Subdivision, Map 4751; thence South
61" 20' 20" West 88.50 feet along the Southerly line
of said Subdivision: thence South 28O 39' 40" East
199.97 feet: thence North 61° 20' 20" East 15.00 feet:
thence North 28O 39' 40" West 110.00 feet: thence North
61° 20' 20" East 73.50 feet to the TRUE POINT OF BEGINNING.
Exhibit "A", page 2
.-
January 27, 1969
Parcel No. 3
Brack
DESCRIPTION
That portion of Tract 232 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, described as follows:
Beginning at a point in the centerline of Chinquapin
Avenue South 61" 20' 20" West 728.66 feet from the point
of intersection of the centerlines of Jefferson Street
and Chinquapin Avenue: thence North 28O 39' 46" West
30.00 feet: thence South 61" 20' 20" West 88.50 feet
to the TRUE POINT OF BEGINNING; thence North 28O 39'
40" West 199.97 feet to the Southerly line of Bali Hai
Terrace Subdivision Map No. 4751; thence South 61° 20'
20" West 116.94 feet along the Southerly line of said
Subdivision to the Easterly line of Long View Plaza
Subdivision, Map No. 4905: thence South 38O 06' 34"
East 91.20 feet along said Easterly line; thence North
61° 20' 20" East 86.97 feet: thence South 28O 39' 40"
East 110.00 feet: thence North 61° 20' 20" East 15.00
feet to the TRUE POINT OF BEGINNING.
Exhibit "A", Page 3
January 27, 1969
Parcel No. 4
Brack
DESCRIPTION
That portion of Tract 232 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, described as follows:
Beginning at a point in the centerline of Chinquapin
Avenue South 61" 20' 20" West 728.66 feet from the point
in intersection of the centerlines of Jefferson Street
and Chinquapin Avenue; thence North 28O 39' 40" West
30.00 feet: thence South 61° 20’ 20” West 103.50 feet
to the TRUE POINT OF BEGINNING; thence North 28O 39'
40” West 110.00 feet; thence South 61° 20' 20" West
86.97 feet to the Easterly line of Long View Plaza
Subdivision, Map No. 4905; thence South 38O 06' 34"
East 111.52 feet along said Easterly line: thence
North 61" 20' 20" East 68.66 feet to the TRUE POINT OF
BEGINNING.
Exhibit "A", Page 4