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HomeMy WebLinkAbout; Eymann, Charles; 77225; Future Improvement Agreement/Releasec * . . * 1 2 3 4 5 6 7 ,. 8 9 .10 11 12 13 14 95 1s 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RECORDING REQ-""STED BY AND WHEN RECORDED ..LAIL 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 A. k% f%A'K IT&WY RECORDER TLOT SPLIT IMPROVEMENT AGREEMENT of OWNER: Charles R. Evmann ADDRESS: 4140 Skyline Road, Carlsbad. California 92008 DATED: #PpL 2-7, /a9 I 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 OW3JER 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 0WNE:R install along the street frontage of said individual lots, those certain public improvements listed on Exhibit B, attachei 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, OWNER shall forthwith, l at his sole cost and expense, prepare plans and .- specifications, approved by CITY, for the construction of said public improvements in the street frontage of said lots, and shall .then forthwith construct said public improvements according to said plans and specifications, to the approval of -l- 0 63 7 . 1 2 3 4 5 6 7 I' . 8 4. 9 10 13: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 improvements or as to any 5. 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. 6. 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 7. shall create an equitable servitude upon said real property. As a condition to the issuance of any building permit on OWNER's said *property, OWNER shall install said public improvements according to lans and s ecifications ap roved by CITY. C&Y OF CARL&AD, A Municipa lP Corporation of the State of California 1022 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) "* . On this 27 #day of &%k , in the year (4 69 , before me, STUART C. WILSON, a Notary Public in and for said State, personally appeared D&ID N. bon/NE -, 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- * . I . . . 2 3 4 5 6 7 8 I’- 9 10 17; 12 13 14 15 1E 17 1e 1s 2c 21 22 24 25 so23 acknowledged to me that such City of Carlsbad, California executed the same. WITNESS my hand and official seal. Signature. STUART C:WILSON STUART C. WILSON NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN - SAN DIEGU COUNR MY COMMISSION EXilRES JUNE 15,197 ‘I OWNER . OWNER STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. On April 14, 1969 before me, the undersigned, a Notary Public in and for said State, personally appeared Charles R. Eymann --- , known to me to be the person/St whose name/s is/a subscribed to the within instrument an< acknowledged that he/&/%&q executed the same. WITNESS my hand and official seal. in and for the State of Californh ‘V My commi.ssio~ 197) i Name (Typed or Printed) I . Parcel No. 1 All that portion of Block 5 of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to amended map thereof No. 775, filed in the Office of the County Recorder of said San Diego County, February 15, 1894, described as follows: Commencing at the most Westerly corner of said Block 5, thence North 55"23'25" East 135.00 feet along Beech Avenue to the TRUE POINT OF BEGINNING: thence South 34O33'25" East 120.00 feet parallel with the Northeasterly line of said Block 5 (the Southwesterly line of Washington Street): thence North 55O23'25" East 65.00 feet parallel with the Northwesterly line of said Block 5; thence North 34"33'25" West 120.00 feet parallel with the Northeasterly line of said Block 5 to a point on the Southerly line of Beech Avenue; thence South 55O23'25" West 65.00 feet to the TRUE POINT OF BEGINNING. Exhibit "A" Page 1 of 2 Parcel No. 2 All that portion of Block 5 of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to amended map thereof No. 775, filed in the Office of the County Recorder of said San Diego County, February 15, 1894, described as follows: Commencing at the most westerly corner of said Block 5, thence North 55O23'25" East 20.00 feet along Beech Avenue to the TRUE POINT OF BEGINNING; thence continuing North 55O23'25" East 115.00 feet: thence South 34O33'25" East 120.00 feet parallel with the Northeasterly line of said Block 5 (the Southwesterly line of Washington Street): thence North 55"23'25" East 135.00 feet parallel with the Northwesterly line of said Block 5; thence South 34"33'25" East 80.26 feet: thence South 55"26'58" West 250.03 feet to a point in a line parallel with and 20.00 feet Northeasterly of the Southwesterly line of said Lot 5; thence North 34O33'00" West 200.00 feet to the TRUE POINT OF BEGINNING. Exhibit "A" Page 2 of 2 L _ -. i I _. _ _ __- - I z.. .- * --- -. .: CT.. r. : --._ -- ~. -. _ -- A. .: . 1 . . * _- .: . . : - .i _ .- -. - _ : 1 D : . . . . .. ,‘; ,‘* : I. 2. 3. . .: -, : l . 4 i . . , Grading and paving of adjacent public right of way tio.1, eD4E= Of ~YI$TI~~$ ~AJ6sntet.b~ . : Construction of P.C.C. curb, gutter and sidewalk abutting Planting with the all-street frontages of property. of street trees or deposit of monies : City to plant said trees. . A11 construction shall conform to City standards at -time of the work is done. c . . ’ . . . . Exhibit "B" . . . . . :. . l . . 1 . I . ’ ,- , c I . L652XLI: ~E-cc~/pf-‘oA/ * --.-A L E-Gf?NL-- - -- - _ _. __.-- .-- - ___ _. _ .-. -____ -_-__ POR;“/oN OF BLOCK 5; /WAP 775 0 FUUNC AS S/--/OWN UP=-’ CARLSBAD, /N THE C/7-V OF CAdLSB.4D, CoL//L/7-Y OF SAn/ ’ SET 1 ” P/PE TAGGED ~h5G’OJ S%4 7-F UF CAL /FORA/@ R.C.E. 13,817 OR AS SHOVZ/fi : . . &AS/S OF BEAR/A/GS: I_ __---- _.__ __-_-_ --- S OF CARL5840 BLVD. PEP? DEED I.E. 34O33 ‘oc”W FL?. 3/4” P/PE PER- C-i iY’ OF CARLSBAD SE?- MA/L & TAG . //SET NA/L c’ TAG ON TOP OF 4”X 4” FE/VC,5 POST PARCEL n/O- 2 ___ ~-- -~--- 33,835 Of b 200.00* N34°33'oO"w 400.13' f ‘0 FD. 3/4”P/PE TAGGED ’ / b L.S. 2789 NO REC.1 N 34d33'OONW -~- - --_-- - --- FE CARLSBAD BL vu. FQ. SP/KG- ff? Skf/NER PER Ci-ry OF CARLSBAD------ IEQUESTED BY: :M~RL ES R. EYMA/Y_N_ z 140 SKVZ /NE RD. ‘A RL SS A Q2 ---- C-A &! F. LOTSPLIT MAP - I ADDRESS I CiiY OF CARLSBAD -_---- TPPR~VED By: CITY ENGINEER REG. NO. -..-.. DATE REC. NO. DRAWING REFERENCE NO.