HomeMy WebLinkAbout; Folz, Peter and Marjorie; 95865; Future Improvement Agreement/Releasec ,_ Return to: .&~a f?&Pdi t$ ‘, ‘..e -1 ;, ,K e; d
A. C R 12 E I!!? E X T __--.-.-. -. --I-- .-.-
PARTIES: The parties to this agreement are the CITY OF CARLSSAD,
CALIFOdNIA, a municipal corporation, hereinafter referred to :I~:; ClT’Y, and
. . Peter J- Folz and bIar?orle FQlz , hereinafter referred to as CZ’Nr7X., 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, hcrein-
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 c on i ion to such approval of said requested lot split, said d‘t’
ordinance require s 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 PZ PCPERTY, 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.
CCVENANTS: NOW, .THEREFCRE, 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 074 NER install
the following listed improvements along th.e public street frontage of PROPERT‘S
Full street improvements for the Southerly half of Chestnut
Avenue, consisting of pavins, curl), gutters, sidelqalks,
utilities, and including but not limited to the following
estimated work:
clearing and Grubbing, @ $l.OO/lin.ft.
958651*
$ 200,00
340.00 _“__” . A-- Roadlqay Excavation, @ $1.70/lin.ft.
” A.c:. and 6” Base, @ $lZ.GO/lin.ft. 2,520.oo
“C;” curb and gutter, @ $Z.OO/lin.ft. 400.00
SEF~IE!; s BOOK 1968 OFFICIBL RECORDS
SAj ;!E;;;","L"c'o'~;&~~- . 2 ' NO FEE -l-
5. 5’ P.C.C. sidewalks, @ $Z.OO/lin.ft. $ 400.00
6. 1” copper water service, @ $114.40 each 114.40
7. 4" V.C.P. sewer lateral, @ $126.50 each 126.50
TOTAL : $4,100.90
(b) OIt’NER 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) CIIVNE!? agrees to install and pay for any and all of said listed
improvements upon written notice so to do from CITY.
In the event OIWER fails to install and pay for said improvements
when reyuirecl to do so hereunder, CITY may cause said improvements to
be installed and OldNER shall pay the cost thereof to CITY.
(d) (1WNFJR hereby grants to CITY a lien on property to secure the
performance of each and all of his a.greements hereunder.
(e) This agreement shall be binding on and against the successors
or assigns of OIV?!ER, shall run with property, and shall create an
equitable servitude upon PROPERTY.
DATED:
M-‘-Y
GLENN Carlshad) California
Owner
-2-
STATE Or: CALIFORNIA > ss. COIJNTY OF SAN DI.Ec;O ) Rhb
day of 5wiE C. WITTSO?4, a Notary P ’ ublic in and
State, personally appeared T;LENN E. “?cCOVAS, known to me to
be the \‘ice ?tayor of the City of Carlshad, 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 acknowledged to me that such City of
Carlshad, California executed the sam 11111,w ,,,,,, ll,ll~,l,.~,,l,l,,,,l ,,,,,,, , ,,,,,,,, ~,,~~~,~,,~~~,,~,,, ,,,,,,,,,,,. ,,, :,,/ ,,,, ““““,.’
WITNESS my hand and official seal. STUART C. WILSON ;
NOTARY I'UWt CALllilRnlA
TO 447 c
(Individual ) 0 !n
,’
iTATE OF CALIFORNIA
56+-N &560 > SS.
i COUNTY OF
t
On 31. 146-l before me, the
P’ETEQ
undersigned, a Notary Public in and for said
State, personally appeared 4=ooc 7-
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5 muvs-0 ew FOC 7 I w
i:
2 to be the person > whose narne3ac subscribed
U) to the within instrument and acknowledged that ?#& executed the same. , .
, known to me
N MEG0 COUNTY
Name (Typed or Printed)
(This area for 0mdd notarial seal)
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ENGINEER'S DESCRIPTION OF FOLZ' PROPERTY
That portion of Tract 256, Thum Lands, in the City
of Carlsbad, County of San Diego, State of Califor-
nia, according to Map thereof No. 1681, filed in
the Office of the Recorder of said County, December
9, 1915, described as follows:
Beginning at a point on the centerline of Chestnut
Avenue, (Formerly County Avenue), distant thereon
North 87O 57' 30" East 433.55 feet from the inter-
section of the centerline of said Chestnut Avenue
and Monroe Street as shown on said Map, said point
being the Northwest corner of land describeda,in
Deed from the South Coast Land Company to Orrin
Thompson, et ux, dated September 19, 1935, recorded
in Book 437, Page 214 of Official Records in the
Office of the Recorder of said County: thence along
the Westerly line thereof South 28O 39' East 33.55 feet to the TRUE POINT OF BEGINNING: thence contin-
uing along said Westerly line, South 28" 39' East
193.90 feet to an angle point therein: thence South 61° 21' West 179.09 feet: thence North 28" 39' West
283.61 feet: thence along a line parallel with the
centerline of said Chestnut Avenue, North 87O 57' 30"
East 200.29 feet to the TRUE POINT OF BEGINNING.