HomeMy WebLinkAbout; Clover, William & Lillian; 80386; Future Improvement Agreement/Release, . . l - . . *,’ . ’
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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
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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
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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
.
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+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"