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HomeMy WebLinkAbout; Clover, William & Lillian; 80386; Future Improvement Agreement/Release, . . l - . . *,’ . ’ f 2 3 4 5 6 7 ). 8 9 10 11 12 13 14 15 I 1s 17 / I 3.8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RECORDING REQ'JEFZED BY AND >?HEN RECORDED ML -1 TO CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 MAIL TAX BILL TO Owner Names on Line 7 at Address Named on Line 8 - ..G$r,i& -. T ---: I)FFlc!kt RECORDS Sr:Ei DIECO COLlicTY, CALI’. n.:;. f: ;I:-: , #, ’ QEC:ORL’ER LOT SPLIT IMPROVEMENT AGREEMENT of OWNER: William H. and Lillian M. Clover ADDRESS: UPark Drbe. Carl&ad. Cm 92008 DATED: L//z +ij+ 0 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 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, Ok%TER shall forthwith, a at his sole cost and expense, prepare plans and t specifications, approved by CITY, for the construction of said public improvements in the street frontage of said lots, and shall then forthwith construct said p-ublic improvements according to said plans and specifications, to the approval of -E- 0 70-4 - * , a * . . 2. I 1 . 2 _. -3 4 5 6 7 ,. 8 9 10 11 12 13 14 15 16 17 18 19 20 23. 22 23 24 25 26 27 28 29 30 31 32 4, 5. 6. . - *- lcq CITY. '-'3 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 improvements 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. 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 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. 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 Californ ia BY - STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) "* On this a7 7H day of /+?I% I in the year 2 q70 -, before me, STlJART C. WILSON, a Notary Public in and for said State, personally appeared I)&@ AA, DomE , known to me to be Mayor of the City of Carlsbad, 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 . -2- ’ . . ’ . l i- , 1 1 2 3 4 5 6 8 ,'- 9 10 11 12 13 14 15 16 17 18 19 2c 23 2: 2: 24 28 29 30 31 32 . . +Q “9 acknowledged to me that such City of darlsbad, California executed the same. WITNESS my hand and official seai. lu*u.,,.,,,“,,,r,“~,~,~~,.~~,~~,,,~,~,,,,‘,”,”,,,~,~,~,““,~”~.”~--~~~* STUART C. WILSON : NOTARY PUBLIC - CALIFORNIA [ P~IICIPAL~ OWCE IN Signature. SAN DIEGO COUNTY 1 ur*mu~~,~~Wlll~ STUART C. WILSON STATE OF CALIFORNIA COUNTY OF SAN DIEGO My COhWSSlON EXPIRES JUNE 15,19 7 t OWNER OWNER OWNER ss. On M,q~cti 2/, 1970 before me, the undersigned, a Notary Public in and for said State, personally appeared ht,uM d. PfeJt?R Ad Ltbid I%‘+ CfOvdR , known to me to be the person/s whose name/s is/are subscribed to the within instrument an? acknowledged that he/she/they executed the same. WITNESS my hand and official seal. A Signature Name (Typed or Printed) . -3- 2/17/70 EXHIBIT "A" Legal Description Future Street Improvement Agreement William H. & Lillian M. Clover That portion of Lot 10, Block "G" of Bellavista, Map 2152, recorded March 7, 1929 in the Office of the County Recorder of San Diego County, in the City of Carlsbad, County of San Diego, State of California, more particularly described as follows: Commencing at the most northerly corner of said Lot 10; Thence South 63O49'00" East 121.17 feet along the northeasterly line of said Lot 10, to THE TRUE POINT OF BEGINNING: Thence continuing along the northeasterly line of said lot, South 63O49'00" East 170.18 feet to a point 34.00 feet from the centerline of that street known as Park Drive; Thence South 26°11'OO" West 72.50 feet, parallel with the centerline of said street; Thence North 63O49'00" West 158.00 feet: Thence North 16O38'57" East 73.51 feet to THE TRUE POINT OF BEGINNING. 1. 2. 3. Grading and paving of adjacent public right of way to its centerline except that portion improved to City standards. Construction of P.C.C. curb, gutter and sidewalk abutting all street frontages of property. Planting of street trees or deposit of monies with the City to plant said trees. All construction shall conform to City standards at time of the work is done. Exhibit "B"