HomeMy WebLinkAbout; Fairmount Homes; 69-70296; Future Improvement Agreement/ReleaseI
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,‘ “’ 3 !,?C .a. s RECORDING REC?--STED BY AND I ( c n _I 102s WHEN RECORDED ,&IL TO TW96 CITY OF CARLSBAD rer#gpor-
1200 Elm Avenue
Carlsbad, Califarnia 92008
MAIL TAX BILL TO . - _ _
-- Owner Names on Line 7 at
Address Named on Line 8
LOT SPLIT IMPROVEMENT AGREEMENT
of
OWNER: Fairmm H-n A Part-mshi n
ADDRESS: 3067 State Street, Carlsbad, California 92008
DATED: @w- /6 i Misf
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, attache
hereto and by this reference incorporated herein.
Upon written demand therefor by CITY, addressed to OWJ!?ER at th
address mentioned on Line 8 of Page 1 hereof, OWNER shall
forthwith, . at his sole cost and expense,-prepare plans and 1
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 tke approval of
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4.
5.
6.
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 ds 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.
RLSBAD, A Municipal
n of the State of California
By:Jji!LzL 57 h7CcL~
Mayor
STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 'se
.
On this /6 day of ~PPIL I in the year , before /(?h$)
me, STUART C. WILSON, a Notary Public in and for said State,
personally appeared GEN I!% &cOMiK Mayor of the City of Carlsbad, California, a;d
known to me to be ulct
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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acknowledged to me that such City of barlsbad, California executed
the same. WITNESS my hand and officia.1 seai,
Signatur
STUART C. WILSON IMY ~CPdIz;IiL~IG~~ EXi'li,tSJL;iqE 15,1!&72
A L
Pat-t-‘L, -c b-5 I!, / P OWNER
STATE OF CALIFORNIA COUNTY OF SAN DIEGO
OWNER
ss.
before me, the undersigned, a Notary
e, personally appeared
, known to me to be the
person/s whose name/s is/are subscribed to the within instrument anc acknowledged that he/she/they executed the same.
WITNESS my hand and official seal.
Signature
Name (Typed or Printed)
TO 442 c
(Partnership) 0 TI
STATE OF CALIFORNIA
San Diego COUNTY OF > ss.
t
On April 9, 1969 I
before me, the undersigned, a Notary Public in and for said State, personally appeared JOEL C. HUGHES and FRANK R. WHALL
k! !z known to me w to be two of the partners of the partnership E. ADAiY\S
pR[NCIf’Al 3t F!Ct t[Y
SAIJ DIEGO COUNTY
(This ama for ~IRcfal notarial real)
Parcel No. 1
That portion of Lot "J" of Ranch0 Agua Hedionda, in the City
of Carlsbad, County of San Diego, State of California,
according to partition map No. 823, filed in the Office of
the County Recorder of San Diego County, November 16, 1896,
described as follows:
Commencing at the southwesterly corner of Chestnut Heights
according to map No. 5328, filed in the Office of the County
Recorder of San Diego County, January 17, 1964;
Thence along the westerly line of said map No. 5328, north
lO"33'54" west 115.00 feet to the TRUE POINT OF BEGINNING:
Thence south 79O24'00" west 63.47 feet;
Thence north lOO33'54" west 140.60 feet:
Thence north 79O24'00" east 63.47 feet, said course is parallel
and 30.00 feet southerly from the centerline of road survey
No. 523 (known as Chestnut Avenue) as shown on map thereof
filed in the Office of the County Surveyor of San Diego County:
Thence south lO"33'54" east 140.60 feet to the TRUE POINT OF
BEGINNING.
.
Exhibit "A" Sheet 1 of 2
__---__ __l_.-__ll_ ..---- ---.. ,--. - ~. ----- -------
Parcel No. 2
That portion of Lot "J" of Ranch0 Agua Hedionda, in the City
of Carlsbad, County of San Diego, State of California,
according to partition map thereof No. 823, filed in the Office
of the County Recorder of San Diego County, November 16, 1896,
described as follows:
Beginning at the southwesterly corner of Chestnut Heights
according to map No. 5238, filed in the Office of County
Recorder of San Diego County, January 17, 1964: thence along
the westerly line of said map No. 5328, north lO"33'54" west,
115.00 feet:
Thence south 79"24'00" west, 63.47 feet;
Thence north lOO33'54" west 140.60 feet:
Thence south 74"24'00" west 20.00 feet, said course is parallel
and 30.00 feet southerly from the centerline of road survey
No. 523 (known as Chestnut Avenue) as shown on map thereof
filed in the Office of the County Surveyor of San Diego County.
Said point also being 30.00 feet from and at right angles to the northeasterly corner of land described in deed to Harry
E. Buell, Et Ux, recorded February 17, 1966, as file No. 28203;
Thence south lOO33'54" east 239.48 feet to the southeasterly
corner of said land, being also the southerly line of said
Lot "J";
Thence along said southerly line south 89O40'15" east 85.00
feet to the point of beginning.
Exhibit "A" Sheet 2 of 2
__l____l __-.- --.--.- . - . . .._ -. .~-. .--....-. -.--- ~- .^----._-._---_..- -_. _. .._._. ..__ -__ -- .--__I
1. Grading and paving of adjacent public right of way
to its centerline.
2. Construction of P.C.C. curb, gutter and sidewalk
abutting all street frontages of property.
3. 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"