HomeMy WebLinkAbout; Diaz, Sloan; 143242; Future Improvement Agreement/Release3.43242 -
RIW’AGE NO .__........-.._...--.-....-~
, . AFTER RECORDING PLEASE
RETURN TO:
City Clerk
City of Carlsbad
2960 Pio Pica Dr.
Carlsbad, California AGREE MENT
OFFICIAL RECORDS SAN DIEGO COUNTY, CALIFORNIA A.S. GRAY.COUNTY RECORDER PO
PARTIES: The parties to this agreement are the CITY OF CARLSBAD,
CALIFORNIA, a municipal corporation, hereinafter referred to as CITY, and
SLOAN M, DIAZ , 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-
walks 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 OWNER’S proposed lot
split and does hereby temporarily waive the requirement that OWNER install
the following listed improvements along the public street frontage of PROPERTY
Grading and paving of adjacent streets and public ways
to their center lines, installation of concrete curbs, gutters
and sidewalks abutting all street:- T. _’ frontages of PROPERTY;
and the planting of street trees or putting up of a deposit for
their future planting,
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i ) -16 .
(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 rkquired to do so hereunder, CITY may cause said improvements to be ,,$, 4
installed and OWNER shall pay the cost thereof to CITY.
/ / 1 ,‘/ ; ) (d) OWNER h ereby grants to CITY a lien on property to secure the
,” performance of each and all of his agreements hereunder.
(e) This agreement shall be binding on and against the successors or
assigns of OWNER, shall run with property, and shall create an equitable
servitude upon PROPERTY.
DATED:&&&d< Jyd&. /
CITY OF CARLSBAD
Mayor of the City of Cailsbad, Carlsbad, California
: ,I,;’ ATTEST: .(, , .\; ,’ :‘- ,.
I
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-_
V
State of California) >ss.
COtility of San Diego)
On t.‘lLS ,,,,;; c. ‘%~ day of ,fkW7-, in the year ~6 8 bafore me,
Z’$peCL-ied tV, a Notary Public in and for said State, personally . C. Aikinson Jr. and Margaret E. Adams, known to me to be the Kayor 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 that such City of Carlsbad, California executed the same, !<XTNESS my hand and official seal.
Signature
I”IYIIIII(IIIIIIIII”1.11(111111111111111,,~,,,~,“,,,,,,“,,,,~”,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,~,,,“,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,~
STUART C. WILSON 1
NOTARY ?L;ELIC . CALIFORNIA i
PRINCIPX OFFICE IN i
SAN DIEGO COUNTY
i IY*YY(IIII*III-U”Wllll
TO 447 c
(Individual)
STATE OF CALIFORNIA San Diego r COUNTY OF I
t
6U57- 8, /W before me the undersigned, a Notary Public in and for said
State, personally appeared SLOAN M. OIAZ
w - E I
z he , known to me
2 to be the person - whose name subscribed
U) to the within instrument and acknowledged’ executed the same. ~,,““““““““““““““““ullmn,,“,“,,,,,,,,”,,,,,,~,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 1111111,1 1 1,1,,1,1,,1,, I ,,,,,,,,,,,,,,, 9
STUART C. WILSON i
NOTARY PUBLIC . CALIFORNIA i
PRINCIPAL OFFICE IN =
SAN DIEGO COUNTY !,a. . Stuart C, WI&QII
Name (Typed or Printed)
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(Thlc ama hr deid notarial real)
-‘Ii:RC?C,RA~~~iC i!iRVtYS i iAND PLANNING
SLlRVlYS LEGAL DLSCR!PTIONS
9 DONALD H. HOLLY + * LICENSED LAND SURVEYOR
294# STATE 5.T P. 0 BOX 614 * _’ .< Suite 209
i CARLt?SAO CALIFORNIA 9200(1 _. i ‘. : -- ‘, .(
, Phone: 729-5941
July 77, 196.6
__ '"S Legal Dcecriction
* *‘- 1. - ., r. YZ.. 2. 9, 4 -s’- : &--- >..~*__.- I-~i- - ,- ” - ‘- ,a.
e&Garter of .Skct‘ion%ix, Tornshifl-
San Bernardino Meridian, in the Coucty
*,,-, of San Sieao, State of California, according to United States .
kvernnent Survey thereof a-rroved October 25, lQS7j, described
as fnllo*Ei:
Comericing at a concrete monument at the Nsrtheast corner
of Tract Lc. 117, Caris:aad Lands, as shorn on Mar; No. ?6hl, *
et-i fi;e'in the Office r.f t.he County Recorder of San Glego
$7 0 1 i I: t ,y ; thence along the r;l?rtherly line of said Tract No. 11?, 8
C-rlsbHd Lands, North *I-rc 5?’ West 147.01 feet; thence North 3
GC 54’. West 2P feet to the TkUE HXN’? OF HEGZNNTNG; theripe
fiorth 90” 57’ 8est ‘L2l.nl feet; thence North no 55’ Nest lrr.W / feet; thence South qQ- 5”’ East IZ1.01 feet; thence SOU!.~ c”
55’ East 155.@C feet +c; ?.r.e I’HUE PGil?vT GF EEGINl‘ilNG.
CoEtainir,g therein l.8,sb jquare Feet.
MEMBER: AMERtCA,k$/33bJGRESS ON SURVEYING AND MAPPING E&lIBIT “A”