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Home My WebLink About; Ennis, Arthur and Batchelder, Norene; 64574; Future Improvement Agreement/ReleaseAF Ci E TER tY 0 %L RECORDI: 'f Carlsbad io Pica Dr ad, Califo RETU ive rnia RN TO: F&E/PAGE NO................------- LOT SPLIT PARTIES: The parties to this Agreement AGREEMENT --- %PR 1 8 1966 AT.??if.MINUTES c PAST........ l . . .._ SERIES 7 BOOK 19 6 OFFICIAL RECORDS SAN DIEGO COUNTY, CALlfORfllA A.% GRAY,COllNN RECORDER A. S, MAY, 6OUNl-i' RiCOiKkR- ,,h-$; Yb are the City of are the City of Carlsbad, California, a municipal corporation, hereinafter referred to as CITY; and Arthur N. Ennis, also known as Arthur Newell Ennis, 6 hereinafter referred to as ENNIS, and Norene Batchelder, hereinafter referred to as. BAFCHELDER. 7 RECITALS: i3 This Agreement is made with reference to the 9 following facts: 10 1. ENNIS and BATCHELDER own a certain parcel of real property 11 located within the city of Carlsbad, County of San Diego, State of 12 California, which is proposed be split into three building lots 13 II pursuant to the provisions of Section 500 of Ordinance No. 9050 of 14 the City of Carlsbad. 15 2, It is proposed that sa.id building lot be split into three 16 parcels, to wit: Parcel A, Parcel B, and Parcel C, Parcel C fronts 17 unto Stratford Lane within the City of Carlsbad. Parcels A and R 18 front unto Knowles Avenue within the City of Carlsbad. The proposed 19 Parcel A is owned by Arthur N. Ennis. The proposed Parcel B is 20 owned by Norene Ba$chelder a.nd Arthur Newell Ennis. 21 3. Stratford Lane is improved to present City standards and 22 requires no additional improvements -as a condition of the proposed 23 lot split. 24 4. Regarding Parcels A and B, Section 500 of City of Carlsbad 25 Ordinance No. 9050 requires, among other things, that as a condition 26 of the approval of such a lot split, that the owners of the property 27 to be split be req,uired to construct to City of Carlsbad standards, 28 certain improvements. Installa.tion of certain of said required 29 improvements at this time would be impracticable. 30 5. Said Parcel A is located within the City of Ca.rlsbad, 31 County of San Diego, State of California, a.nd it is more particular- 32 ly described on Exhibit A attached hereto and by this reference -l- 1 2 3 4 5 6 7 a 9 1C 13 1; 1: 14 lf 1C 1: 11 1: 2( 2: 2: 2 ; 21 2i ?J 2’ 2r 2 3, 3 .ncorporated herein. 6. Parcel B is located within the City of Carlsbad, County o ;an Diego, State of California, and is more particularly described ,n Exhibit B attached hereto and by this reference incorporated berein. COVENANTS: Now, Therefore, It is Mutually Agreed between ;he parties hereto as follows: 1. ENNIS warrants that he is the owner of Parcel A. 2. ENNIS and BATHELDER warrant that they are the owners of ‘arcel B. 3, CITY hereby approves said proposed lot split, and does lereby temporarily waive the requirements that ENNIS and/or ;AnHELDER install the following listed improvements pursuant to ;ection 500 of Ordinance No,, 9050 of the City of Carlsbad: a. The improvement of the contiguous portion of Knowles Avenue abutting Parcels A and B by clearing, grubbing grading and paving on imported base material to the center line of said Avenue. b. The installation contiguous to said Parcels A and B on Knowles Avenue of concrete curbs, gutters and sidewalks, 4. ENNIS and BAfCHELDER agree to join in and fully cooperate lith any proposed improvement, improvement district, or other pro- :eeding hereafter instituted for the purpose of causing the installa ion of any or all of said improvements. 5. ENNIS and BA‘BCHELDER agree to install and pay for any and ,ll of said improvements upon written notice to do so by CITY. In he event ENNIS and/or BAFCHELDER fail to install and pay for said mprovements upon written notice so to do by CITY, CITY may cause Ilid improvements to be installed, and, ENNIS and/or BARFIELDER shall pay the cost thereof to CITY. ‘- i‘ I .i : , -2- ._-- -._” _.- . _,_- “._. __I-- -_ I___- _._. - _... --_.----- .- J 4 F Y 1c 11 16 17 18 19 20 21 22 23 24 25 26 27 28 30 31 32 6. ENNIS and BATCHELDER hereby grant to CITY a lien on their respective parcels of property to secure the performance of each and all of their agreements herein contained, 7, This Agreement shall be binding on and against the successors and assigns of ENNIS and BA’FCHELDER, shall run with the land, and shall create equitable servitudes upon Parcels A and B. /lg /g!d / CITY OF CARLSBAD . ~TATE'OF CALIFORNIA ) COUNTY' OF SAN DIEGO )” On this c day of 1966, before me, SW&Rt c, ~ILSW County and State, personall; 5: d for said fi riKh&-ON JR, and Jl/vKQM.Et E , no&N(s known to me to be the Mavor and City Clerk, respkctively, of the tity 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 subdivisil and acknowledged to me that such City of Carlsbad executed the same, STUART C. WILSON NOTARY PUBLIC . CALIFORNIA PRINCIP~IL OFFICE IN SAN DIEGO COUNTY. TO 447 c (Individual) 0 TI STATE OF CALIFORNIA San Diego : COUNTY OF > SS. t On Narch 7. 1966 before me, the undersigned, a Notary Public in and for said State, personally appeared Arthur 11. Ennis and Norene Batchelder , W 6 I 7 w , known to me i 2 to be the person s whose name S are subscribed UJ to the within instrument and acknowledged that executed the same. they and official seal. My Commission Expires Nov. 4, 1968 Name (Typed or Printed) (This arm far ofltcial notarial seal) e - :;- Eb SURVEYJ- l HYDQOGQAPHlC SURVEYS LAND PLANNtNG LEGAL DESCRIPTIONS , 5ONALD w. HOLLY LICENSED LAND SURVEYOR i965 ROOSEVELT - P.O. BOX 614 CARLSBAD, CALIFORNIA 92008 Phonw 729.5941 642 February 8, 1966 LEGAL DESCRIPTION PARCEL A Xl1 that portion of the Northwest Quarter of Section 6, Township 12 South, Range 4 Y/;IUst, San Bernardino Meridian, in the City of Carlsbad, in the County of San Diego, State of California, according to United States Govcrnnent Survey approved October 25, 1875, bounded by a line described as follows: Beginning at a point in the Northerly line of Tract 117 in Carlsbad Lands, distant thereon, North 890 57' West 147.01 feet from the Northeasterly corner of said Tract 117, as shown on Map No. 1.661 of Carlsbad Lands, Record of San Diego County; thence North 0" 55' West 342.53 feet co the North- easterly corner of that portion of said Northwesterly Quarter of Section 6, Township 12 South, Ranga 4 West, as conveyed by the South Coast Land Company to Louis P. and Annie Hoffman by Deed dated April 16, 1930 and recorded in Book 1763, Page 358 of Deeds; thence along the Northerly line of the land so conveyed to Hoffman, South 890 52' 38" West 69.50 feat; thence North 0" 55' West 322.42 feet to the TRUE POINT OF BEGINNING; thence South 890 42' 15" West 72.52 feet; thence South 0' 55' E&t 170.00 feet; thence North 890 42' 15" East 72.52 feet; thence North 0' 55’ West 170.00 feet to the TRUE POINT OF BEGINNING. EJKXPTING THEEFROM the Northerly'30.00 feet. Containing therein, 10,152 Square Feet. MEMBER: AMERICAN CONGRESS ON SURVEYING AND MAPPING ‘ .rr.. p’. I... :. ‘V.. .+a.? :. .: “. .- h., ..*..5.,*-. .,.,, -r.LEe,i ,.,_, ., . , .,._., ‘. _. _.n/ .,_I. ..~ ..,,/ .,.. ,.,, ~... “... :I HYDPOGRAPHIC SURVEYS LAND PLANNING LEGAL DESCRiPTlONS .:MAPS a’, ,’ SURVEYS. -* . . 3UNALD w. !-nu.Y LICENSED LAND SURVEYOR 2965 ROOSEVELT - P.O. BOX 614 CARLSBAD, CALIFORNIA 92008 Phonea 729-5941 643 February 8, 1966 LE(iAI. DESCRIPTION PARCEL B All that portioc of the Northnest Quartor ol” Section 6, Township 12 South, Racge 4 West, Saz 2~r~rdi1-10 Kxidian, in the City of Carlsbad, in the County of San Diego, State of California, according to United States Governmont Survey approved October 25, 1875, bounded by a lint described as follows: Beginning at a point in' the h'ortherly line of Tract 117 in Carlsbad Lacds, distant thereon, North 89" 57’ YJest,l47.01 feat from the Northeasterly corner of said Tract 117, as show on kp Ko. 1661 of Carlsbad Lands, Record of San Diego COUZty i thazce North 0" 55’ West 342.53 feet to the North- , 'easterly corer of that portion of said Northwesterly Quarter of Section 6, Township 12 South, Range 4 Ylest, as cocvcyod by the South Coast Land Company to Louis P. and hnie iio;'fman by Deed dated April 16, 1930 &nd recorded in Book 1763, Page 358 of Deeds; theme nloag the Northerly lir,e of the land so conveyed to Hoffmx, South 890 52’ 38” West 69.50 feet; thence North 0' 55’ K'e3t 322.42 feet; thence South 89” 421 15" West 72.52 feet to the TRUE POINT OF BEGINNING; thence continuing South 890 42' 15" Vl'est 100.00 feet; thence South 0' 55’ East 170.00 feet; thence North 890 42' 15” East lOC.00 feet; thence North 0" 55’ West 170.00 feet to the TX'JE POINT OF BEGINNING. EXCEPTING THFJ?EFROM the Northerly 30.00 feet. Containing therein,.l3,999 Square Feet. MEMBER: AMERICAN CONGRESS ON SURVEYING AND. MAPPING _. : .s ~ _ . . .,. _... . .I. jl - ;- -_ ‘- -. s . i _.._,_.; ___ ” _- .,. ,. ,..,. /. ., ,. ,. ,I (1 .I. _i . c- ,.I. _.- . . cilll..- ‘.L-*“,. * ‘-s,-h~.~.l.,q.p~,;_ .~ L+s ** a SURVEYS , HYDROGRAPHIC SURVEYS DONALD H. HOLLY LICENSED LAND SURVEYOR 2965 ROOSEVELT - P.O. BOX 614 CARLSBAD, CALIFORNIA 92008 LAND PLANNING LEGAL DESCRIPTIONS 641 Phonmt 729-5941 March 23, 1966 Legal Description Ennis-Batchelder Parcel C All that portion of the Northwest Quarter of Section 6, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, in the County of Sas Diego, State of California, according to United States Goverment Survey approved October 25, 1875, bounded by a line described as follows: Beginning at a pofnt in the Northerly line of Tract 117 in Carlsbad Lands, distant thereon, Rorth 89" 57’ 40" West 147.01 feet from the Northeasterly corner of said Tract 117, as shown on Map No. 1661 of Csrlsbad Lands, Record of San Diego County; thence North c‘ 5')' West 342.53 feet to the Northeasterly corner of that rlortion of said Northwesterly Quarter of Section 6, Township 12 South, Range 4 West, as conveyed by the South Coast land Company to Louis P. and Annie Hoffman by Deed dated April 16, 1930 and recorded in Book 1763, Page 358 of Deeds; thence along the Northerly line of the land so conveyed to !!offman, South 89' 52' 38" West 69.50 feet; thence North 0" 5-j' West 152.42 feet to the TRUE POINT OF BEGINNING; thence retracing South 0" 55’ East 112.31 feet to a point in the North line in Stratford Lane, said North line being the arc of a 44 foot radius curve, concave Southerly, a radial line of said curve bears North 24" 10' 25" East to said point; thence Viesterly along the arc of said curve and along said North line 50.22 feet through a central angle of 65" 23' 28” to a point of reverse curve with the arc of a 25 foot radius curve, concave Northwesterly; thence Southwesterly along the arc of said curve and continuing along said North line 12.10 feet through a central angel of 27O 43’ j9”; thence leaving the arc of said curve and said North line, North 0' 55' West 124.62 feet; thence North 8q" 42' 15" East 57.52 feet to the TRUE POINT OFBEGINNING. r . Containing therein, 6,488.l Square Feet. DHH/jm MEMBER: AMERICAN CONGRESS ON SURVEYING AND MAPPING Ewwm-, c . . ..-._ ,-mm --. . ..~