HomeMy WebLinkAbout; Hart, William and Elzora; 80605; Future Improvement Agreement/Release‘1 II I’
1.
2
3j 4i
5
6'
7
81
g 11
10 /I
II!
121
13 /
14
15 /I
16
37
18
19
20
21
2i
23
24
25
26
27
28
29
30
31
32,
,-_-- - ._ -I__ -_.. 1.
, ‘4 WE N \&me= u
nnArc 7-O c q 0 G CARLSB~~ A ’ . mnedP cwr~$uMWrg n , I
;3-Q; ;.j ?ro Pa0 PA,
CAW.-L~~W, C&UFOQW~
s=w AGREEMENT
PARTIES: The parties to this agreement are the City of
Carlsbad, California, a municipal corporation, hereinafter referred. WILLIAM E. HART and ELZORA L. HART, to as CITY; and 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
construction 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. HART may split PROPERTY as requested and shall construct
all required improvements, pay all charges, and do all
things required in connection therewith, except that HART
may postpone construction of the following stated
improvements and payment of the following stated charges
in connection with said division on the herein stated
terms : (a) HART may postpone the installation of street
improvements on the Highland Drive frontage of PROPERTY
until such time as he is given written notification
from CITY to construct said improvements; and upon
such notification, HART shall forthwith construct
. . . . .I ;‘i/. $& ‘, t ;. : _: ..zP- ,,l.i s* 7 ‘“L .Jp’ $‘
: Nj A-c 4, ,,J 3, _ ,_ -_a .-“1( _ ._..... ^ ._ __._ II .- 2 5?iz._sy..? ic” .” ___-_ --__ .__ __ _ __ ..-_.-. .- ._-. - -----.- -_-
1,
2’
3/
4:
5
q
7
8
9
q
111’ I 121
13
141 I
said improvements
(b) HART may postpone the payment of sewer connection
charges, sewer lateral charges, and water service
charges, on the Westerly three (3) of his said
lots and shall pay to CITY the then current charge
for each of said items at such time as he takes out
a building permit for any of said lots or sells any
of said lots, whichever occurs earlier,
(c) HART may postpone the payment of the water meter
charge for the three (3) Westerly lots and shall
pay the then current water meter charge at such time
as he has water meters installed on said lots.
2. This agreement shall be binding upon and inure to the
benefit of the heirs, successors, and assigns of each of
15 the parties hereto.
16 3. Notices hereunder shall be sufficient if directed to HART
17 ~ at 2675 Highland Drive, Carlsbad, California; and to CITY
1811 at 2960 Pio Pica Drive, Carlsbad, California.
19 DATED: CITY OF CARLSBAD
20
21 i
2z
23
24
25 STATE OF CALIFORNIA )
26 COUNTY OF SAN DIEGO ) “*
27
28
29
30
31
32
~yu~~~st 3g day of A Pe/c , in the yearG$c: ix~;;;~m;+ . W SON, a Notary Public in and for said 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. WITNESS my hand and official seal.
Signature
. . . . . . . ..1...11.1.1.......,,,,,,,,,,,,,,,,,,,,,,,,,,.~ ,,,,,,, 1,,1,,11 ,,,,,,,,,,,,,,, “,“,IUI.
STUART C. Vv’o’lLSQN :
NOTWf i’i:OLiC - CALIFORNIA ;
PRINCIP:!L OFFICE IN
SAN MEGO COUNTY
i
U14WUYYIYI"IUIIIIIII"~",,,,,,,","~~"~,,,~,---"
II -20 --I-~ --I- .-..---’ - . . ..- --_. .._. ..- I-. .“---.. .----.--_. _ I _ .-. __. -- -___... -_ . ..__ II _.___ -. ._.- .._ _ _..
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1s
1E
1:
BC
21
22
2:
24
2:
2E
25
2E
2s
3c
31
3E
-
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO i ss*
On the 22nd day of April, 1968, before me, the under-
signed, 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.
My CCX~G~~~~C~FI Expires Aprii 11, 1971
w; Ns -s@r, Jr., FM?* Public in anti fOl: m ~QBW, of $81 piego, Sta_te of -Q!#omia
-3-
c
. .
^.._ .-.: . .- ,. .- ~._ :.k..:
/+ * $...: *
. _-. .
_ 0 . .
- , L , * 6
. .
‘j That portion of the Southeast Quarter of-the Southwest Quarter of Section jl,.Towrtship 11 South, Range k.!iest, San Bernardino Base-and Meridian, in the City of CarLsbad, County of San Diego, State of California, according to ’ United States Governinent Survey approved December 27, 1870,
described as follows:. .
Commencing dt the Northeast corner of Tract 5 of Lagu.na . ; Mesa Tract, according to Map thereof No.,.1719, filed in
. the office of the County Recorder of said San Diego County, June 20, 1921; theme running Korth O”02’ West along the sorti- and South center, line of said Section
8 31, 165 feet to the point of beginning; thence from said: poiht of begiming, North O”02C West alohg the North and .
South center line of said Section 31, 165 feet to a point; :--
thence &orth 89O59’ West, parallel with the Lorth lihe of a;iid Tract 5, 660 feet to a point; thence South 9OO21 East,
paraiiel with said center line of Section 31, ,165 feet to a point; thence South 89O59’ East, parallel with the fiorth line of sdid Tract 5, 660 feet to the point of beginning.
EXCEPTf&G therefrom that portion described as follows:
Beginning at the Northeast corner ofTTract 5 of I,az:ur?a Mesa Tracts, according to Map thereof No. 1719, filed in the office of the County Recorder of said County, June 20, .1923.; thence Korth O”0210011 West on the Uorth and South centerline of said Section 31, a distance of 165.00 feet; thence korth d9°59fOOlf West , jj8.‘/2 feet to the trtie 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 betirs North 21°25’1211 East; thence Westerly along
24 ’ 12’1,
said curve through a centra.1 angle of 21°
54 roe” an arc distance of 216.66 feet; theme Korth 89” Yest .on a line tangent to said curve, a distance of 110.00 feet, nore or Less, to the East line of the West Balf of the said Southeast Quarter of the ‘Southwest Quarter of
Section 31; thence Southerly tin said East line, 40.00 feet. to a line that bears South 89°59tOOtt East and passes through
the true point of beginning; thence South 89°59FO011 East,
321.66’feet to the trtie point of beginning.
.
’ .
Fxtw3 1-t A - . ..- -. 5
. 1