HomeMy WebLinkAbout; Fry, Lois; 89991; Future Improvement Agreement/Release0
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AGREEMENT
WICIAL RECORO$ 8AN OJEGO CWNW, CALIRJRNk\ 4. S. MAY, cwm womf~ No
PARTIES: The parties to this agreement are the CITY OF CARLSHAD,
CALIFORNIA, a municipal corporation, hereinafter referred to as CITY, and
LOIS H. FRY, hereinafter referred to as OWNER, without regard to number
or gender.
RECITALS: This agreement, executed in suplicate, 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 Ordinanct
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 sidewalk
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 OWNERrS’ proposed lot
split and does hereby temporarily waive the requirement that OWNER install
the following listed improvements along the public street frontage of PROPER?
(1) Grading and paving of adjacent streets and public ways to their center lines.
(2) Installation of concrete curbs, gutters and sidewalks abutting all street frontages of PROPERTY.
(3) Planting of street trees or the putting up of a deposit for their future planting.
(b) OWNER agrees to join in and cooperate fully with any proposed
improvement, improvement district, or other proceeding hereinafter instituted
1 for the purpose of causing the installation of any or all of said improvements.
2 (c) OWNER agrees to install and pay for any and all of said listed
3 improvements upon written notice so to do from CITY.
4 Ln the event OWNER fails to install and pay for said improvements whe
5 required to do so hereunder, CITY may cause said improvements to be in- I 6 stalled and OWNER shall pay the cost thereof to CITY.
7 (d) OWNER hereby grants to CITY a lien on property to secure the
8 performance of each and all of his agreements hereunder.
9 (e) This agreement shall be binding on and against the successors or
10 assigns of OWNER, shall run with property, and shall create an equitable
11 servitude upon PROPERTY. I
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CITY OF CARLSBAD
of the City of Carlsbad,
Carlsbad, California
1 STATE OF CALIFORNIA:
COUNTY OF SAN DIEGO: SS. 2 CITY OF CARLSBAD :
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O~f3A -3 , 1964, before the undersigned a Notary Public in and for said County and State, personally appeared,
WILLIAM G. GUEVARA, known to me to be the Mayor, and
MARGARET E. ADAMS, known to me to be the City Clerk of the City of
Carlsbad, a municipal corporation, that executed the within instrument, and known to me to be the persons who executed the within instrument
on behalf of the City of Carlsbad therein named, and acknowledged to me that such’municipal corporation executed the within instrument pursuant ;;;ro,its ,mo%Fn duly adopted and passed on the 21st day of January, 1964. t 8 = *: ,:, \ ,, -. * .,., I/ ‘%@IQ&S’my hand and official seal. .L
STUART C. WILSON
MY COMMISSION EXPIRES JUNE 115, %gb)ll*
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STATE OF CALIFORNIA:bp COUNTY CITY OF
16 ‘/ ..On 1 L- & 4c.-4-L-y .-13/ 1964, before me, the undersigned,
qw.4 a l$oCa’& $v&5c in and for said County and State, personally appeared al.‘/
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,. , LO’IS~~l%I~ F@&, known to me to be the person whose name is subscribed ;.:$+.,h~. ~~thi,ti?insStrument, and acknowledged that she executed the same. (. 1 k, ’ ‘. ‘ve’,~ &’ cam ‘s*.,.. *:. :...,,
WI’?$&@&& hand and official seal. ’ :. , >, . . . __, ” ‘, .‘.i . * ;: .,
,. ,: I, (7, I! ,j ,. ;,I ’ ,’ Notary Pub)ic in and for said C ounty ,.,.’ and State.
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MARY’ I? BROWN. 6ror;ftY’ p’ulmc
Santa Clara County, Cal
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l FOUND R.R. PA/L ANO CGVW FOOT.
LOT SFUT MAP -- CITY OF CARLSB,tgl] NO. f0
PREPARED BY: APPROVED BY: SEE NO7-ii QRAW ING FEFEFME~~O.
6TQEl5: .r R.C.S. ow R.C,t ,e REO. NO. Cl-w CN~IMCR RQG. &Jo. SCWCR: WAXCR: * *
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