HomeMy WebLinkAbout; Hart, William and Elzora; 150854; Future Improvement Agreement/Release4 Carlsbad, California, a municipal corporation, hereinafter
E
5
1C
11
14
15
1E
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
City Clerk, City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008
$ERIES 9 BCDK 1968 WFICIAL RECORDS AGREEMENT
$M BIFCO COURTY, CAllFORNlA
A. 8. GRN, @NlNTY RECORDER 6
*"
+* Li
PARTIES: The parties to this agreement are the City of
referred to as CITY; and WILLIAM E. HART and ELZORA L. HART,
husband and wife, as joint tenants, hereinafter referred to as
HART.
RECITALS: This agreement is made with reference to the
following facts:
1. HART is the owner of certain property located in the
City of Carlsbad, County of San Diego, State of California, more
particularly described on Exhibit A attached hereto and by this
reference incorporated herein. said property is hereinafter
referred to as PROPERTY.
2. HART wishes to divide PROPERTY into four (4) lots and
the parties hereto wish to agree to allow HART to postpone con-
struction of certain improvements and payment of certain charges
in connection with said division of PROPERTY.
COVENANTS: Now, therefore, it is mutually agreed as
follows:
1. CITY will approve HART'S proposed map for the split
of said PROPERTY when HART has done the following things:
a. Pay to the City of Carlsbad all charges required
by said CITY at the date of this agreement, except that:
(1) HART may postpone the payment of sewer
connection charges, sewer lateral charges, and water service
charges on the Westerly three (3) of his said lbts, and shall pay
to the CITY the then current charge for each of said items at
such time as he takes out a building permit for any of said lots
or sells any of said lots, whichever event occurs earlier.
-l-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
I.6
17
38
19
20
21
22
23
24
25
26
27
28
29
30
31
32
I
il
I
‘1
I
~
,I~
‘II
(2) HART may postpone the payment of the water
meter charge for the three (3) Westerly lots and shall pay the
then current water meter charge at such time as the water meters
are installed on said lots.
b. Install the following improvements along the
. Highland Drive frontage of property:
(1) -Grading and paving of adjacent street and
public way to its center line.
(2) Installation of concrete curb, gutter phd
/ sidewalk abutting said street frontage. .I'
(3) Planting of street trees or the putting up
of a deposit for their future planting along said street frontage.
2. It is mutually understood and agreed that HART may
postpone the installation of the improvements listed above until
such time as he is given written notification from CITY to
construct said improvements, and upon such notification HART shall
forthwith construct said improvements.
3. This agreement shall be binding upon and inure to the
benefit of the heirs, successors and assigns of each of the
parties hereto.
4. Notices hereunder shall be sufficient if directed to
HART at 2675 Highland Drive, Carlsbad, California, and to CITY
at 2960 Pio Pica Drive, Carlsbad, California.
5. In the event either party brings an action to enforce
the terms of this agreement, the prevailing party shall be
entitled to reasonable attorney's fees and court costs for the
prosecution of said action.
Dated:
CITY OF CARLSBAD
M. Dunne, May*-
-CT I& “ti7h
'Jlzol;k\ L. _Hafl /7 jjy& \‘fgT.y
:’ I William E. Hart
/ -2-
! COUNTY OF SAN DIEGO )
i
1
2
z
4
F c
E
7
&
s
1c
17
12
12
14
15
1E
17
1E
1s
2c
21
22
22
24
25
26
2’;
2i
25
3c
31
3:
J i !: 5 ,
7 :
3!
) I ) II
I L
2 /I
I / /i -_b
STATE OF CALIFORNIA ) ) ss.
On this 2 day of , 1968, before me,
STUART C. WILSON, a Notary Public in and for said State,
personally appeared DAVID M. DUNNE, 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
acknowledged to me that such City of Carlsbad, California
executed the same.
JTNESS rnx hand and official seal. I IIILII*l(ll*l*l*l"l(lMllll n,m,a"n*m*nm,m~
STUART C. WILSON
NOTARY PUBLIC - CALIFORNIA
,$Tu~x’:’ (J. 7,;;~’ I ,;‘,-.T
MY COMMISSION EXPIHLS JUNE 15, I$?=
Stuart C. Wilson
Notary Public in and for said
County and State.
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On the , 1968, before me,
W. N. SAUER, JR, a Notary Public in and for said State, personally
appeared WILLIAM E. HART and ELZORA L. HART, known to me to be the
persons whose names are subscribed to the within instrument and
acknowledged that they executed the same.
WITNESS my hand and official seal.
/’ A, ‘“-.Ck.
Jr w. N. Sauer, Notary Public in and u said
f\r\-l,YafT7 Zt-nA c?+ata
S:L,:i i)i. CO Cc\!J>j’jy b”UIILY UI1U “L-L-G.
My Comissian Expires April 11, 1071 W. N. Swrr, he, hietnff i&tie
*counq~moMm,w
-3-
--.-.. .- _---------- ----
1C
11
12
1:
14
1:
lf
17
1E
1s
2C
21
22
22
24
25
26
27
2E
29
3c
31
3%
j I
I
$1
) 1
I
)I .
, ~ I i
1 I
) /1 j/ i /
’ 1,
,
I ’ j\ I/ 1 /
I Ii
! ,
II
II
-1
EXHIBIT A
That portion of the Southeast Quarter of the Southwest Quarter of Section 31, Township 11 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to United States Government Survey approved
December 27, 1870, described as follows:
Commencing at the Northeast corner of Tract 5 of Laguna Mesa Tract, according to Map thereof No. 1719, filed in the office of the County Recorder of said San Diego County, June 20, 1921; thence running North 0' 02' west along the North and South center line of said Section 31, 165 feet to the point of beginning; thence from said point of beginning, North 0' 02' West along the North and South center line of said Section 31, 165 feet to a point: thence North 89O 59' West, parallel with the North line of said Tract 5, 660 feet to a point: thence South O" 02'
East, parallel with said center line of Section 31, 165
feet to a point: thence South 89' 59' East, parallel
with the North line of said Tract 5, 660 feet to the point of beginning.
EXCEPTING therefrom that portion described as follows:
Beginning at the Northeast corner of Tract 5 of Laguna
Mesa Tract, according to Map thereof No. 1719, filed in
the office of the County Recorder of said County, June
20, 1921; thence North 0' 02' 00" West on the North and
South centerline of said Section 31, a distance of
165.00 feet: thence North 89O 59' 00" West, 338.72 feet to the true point of beginning, said point being on the arc of a non-tangent curve, concave Southerly, having a radius of 580 feet, a radial line to said point bears North 21° 25' 12" East; thence Westerly along said curve through a central angle of 21° 24' 12", an arc distance of
216.66 feet: thence North 89' 59' 00" West on a line tangent to said curve, a distance of 110.00 feet, more or less, to the East line of the West Half of the said Southeast Quarter of the Southwest Quarter of Section 31; thence Southerly on said East line, 40.00 feet to a line that bears South 89O 59' 00" East and passes through the true point of beginning; thence South 89' 59' 00" East, 321.66 feet to the true point of beginning.
EXHIBIT A
-- -.--- - ____ - _...-..-. ___--~l___ll_-. --