HomeMy WebLinkAbout; Frazee, John and Diane; 61616; Future Improvement Agreement/ReleaseAGRl3 ?ZMEET --. -.--.- -.-. .- I,_. .-----
PARTIES: The parties to this agreement are the CITY OF CARLSDAD,
CALIFORNIA, a municipal corporation, hereinafter referred to as CITY, and
JOHN FRAZEE 4 Dhe #. F~Z&E, hereinafter referred to as OX‘NER, 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 foilowing 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.
All
61616 WPAGE NO .._._._..._._..__._..-.
RECORDED AT REQUEST OF*--”
kJ.-~.f: . .._ cc;.: ____ 2&,:~&?+,/ d=q- I x APR 7'1965
AT.&~MINUTES PAST. j ?’
SERIES 6 BOOK -jij&-h
DFFICIAL RECORDS SAN DIEGO COUNTY, CALIFORNIA A. s. GRAY, COUNTY RECORDER
NO FEE
. . . * * ’ .* *.
:
(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) GWNER 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 required to do so hereunder, CITY may cause said improvements to be
installed and OWNER shall pay the cost thereof to CITY.
(d) OWNER hereby 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:x&@&&,c /.&X-- . /
CITY OF CARLSBAD ,. .’ ‘-. -,/’
,, ... _,r ;>:Y .._ _
J / 7
&*-A ‘i.& “,_ *
Mayor of the C&y of Carlsbad,
Carlsbad, California
&ATTEST:
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state of California
Zounty of San Diego
On this (S day of Mmw ;tuart C. Wilson, in the year 1965, before me, a hotary Public in &d for said County and State, ,ersonally appeared CARL H, NEISWENDER and MARGARET E, ADAMS, known to me to be the Mayor and City Clerk, respectively, of the City of Zarlsbad, 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
Xty of Carlsbad executed the same. ,,,,,,,,, ( ,,,,,,,,,,,1,,11,111111111 I tlll,,l,l aI ,,,,<,, illlll ,,,,,, I ,1*111 Ia ,,,, ,,,,,,,,‘,,,‘,,,,,‘,,,~,,,,,,,““’,”,”,”,””,,”””“‘“““‘p
STUART C. WIimsow ;
NOTARY PUBllC - CALlFORMlA -
PRiNCIP,\L OFFICE ,iM STUART C. WILSON
SAN DIEGO COUNTY : 3
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TO 447 c
(Individual)
STATE OF CALIFORNIA
COUNTY OF 5/+. a/E60 ss.
t
On before me, the undersigned, a Notary Public in and for said
State, personally appeared FRA7 FF
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2 to be the person ___ whose name 15 subscribed
UJ to the within instrument and acknowledged that &F
I executed the same.
. 2 known to me
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WITNESS my hand and official seal.
Name (Typed or Printed) * *mmisszon Lrp;rc& Mar. 3% 1) -55
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(This area far o(llcial notarial red)
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?. ;9 y 3 y&i ” $,& 2 HYDROGRA?HIC SURVEYS i lAt4D tutwING
? YIWFYi ’ LRGAL DESCRIPTIONS
* DONALD H. HOLLY
LICENSQ LAND SURVEY6C
2965 ROOSEVELT - P.O. BOX 614
CARLSBAD, CALIFORNIA 92008
Phons: 729.SW1
February 24, 1965
Legal Description
John Frazee
That certain portion of Lot J, 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 said County, demribed as
follows:
Beginning at the point of intersecti of the centerlines of
Road Survey No. 745 and Road Survey
b
25 ( El Camino Real)
as said Road Surveys are shown on rc tive maps filed in
the Office of the County Surveyor of said San Diego County; n- . thence along said centerline of Road Survey No. 925, North
18' 37' 20" West (Record Nr.rth 17" 18' 20" West) 89.75 feet
to the beginning of a tangent 1500 foot radius curve, concave ** * Southwesterly; thence Northwesterly along the arc of said
curve and continuing along said centerline 87.78 feet through
a central angle of 3" 21' 11"; thence leaving said centcrline
South 'jo" West 80.15 feet; thence North 22' 30' West 427.48
feet; thence North 34" East 1183.89 feet; thence South 56”
East 523.~~7 feet to the TRUE POINT OF BEGINNING; thence re-
tracing North 56” West 227.00 feet; thence at right angles,
South 34" West 200.00 feet; thence at right angles, South
56" East 260.86 feet to a point on the centerlint of said
Road Survey No. 745; thence along said centtrline, North 23"
* s 44' 40" &St (Record North 25' O'j' 40" East) 145.24 feet;
thence leaving said centerline, North 260 01' 22" East 57.64
.* feet to the TRUE POINT OF BEGINNING.
' DHH/jm
MEMBER: AMERICAN CONGRESS 0~ $tit?Viiv~~G AND MAPPING
Agreement granting revocable permission
to place and maintain water service in
street executed and recorded on 5-10-65.
See file #45 , Frazee, John et ux.
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