HomeMy WebLinkAbout; Haylings, George and Alma; 46465; Future Improvement Agreement/ReleaseRecordation ren,'ssted by City af Carlsb
When recorded mail to
STUART C. WILSON 2906 State Street Carlsbad, California
SERIES 6 BOOK 1965
OFFRMI. RECORDS SAM DIEGO COUKfY, CAUWU A. S. GRAV. COURIW RECORDER
IMPROVEMENT AGREEMENT
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PARTIES: The parties to this agreement are The City of
7 Carlsbad, California, a municipal corporation, hereinafter referred
811 to as CITY; and GEORGE W. HAYLINGS and ALMA HAYLINGS, husband and II 9 1 wife as joint tenants, hereinafter jointly referred to as HAYLINGS.
10 RECITALS: This agreement is made with reference to the follow-
11 ing facts:
12 1. hereinafter referred to as PROPERTY, HAYLINGS owns certain real propert).+located within the
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City of Carlsbad, County of San Diego, State of California,
more particularly described on Exhibit A attached hereto
and by this reference incorporated herein.
2. HAYLINGS wishes to create certain new lots within the City
of Carlsbad by means of lot splits.
3. Section 500 of Ordinance Number 9050 of the City of
Carlsbad, among other things, requires when new lots are
created by lot split that the owner thereof make certain
minimum improvements to the public right of way onto which
his property fronts.
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4. By reason of HAYLINGS' requested lot split as above stated,
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said section of said ordinance requires that HAYLINGS
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install on the Park Drive frontage of PROPERTY the follow-
improvements, hereinafter referred to as IMPROVEMENTS: full
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street improvements, including curb, gutter, sidewalk and
one-half street including clearing, grubbing, grading,
roadway excavation, and pavement structure.
5. The Engineering Department of the City of Carlsbad estimates
that $799 will be required to pay for the installation of
32 IMPROVEMENTS.
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COVENANTS: Now, therefore, it is hereby mutually agreed as
follows:
1. CITY approves the creation of certain new lots by lot split.
requested by HAYLINGS.
2, HAYLINGS agrees to cause to be constructed along the
Park Drive frontage of PROPERTY, when requested to do so
by CITY, IMPROVEMENTS.
3. HAYLINGS agrees to furnish and to keep in full force and
effect until IMPROVEMENTS are installed, a Performance
Bond in the minimum amount of $799 in favor of CITY, which
bond shall be payable to CITY in the event IMPROVEMENTS
are not installed as herein agreed.
4. HAYLINGS agrees to join in and agree to the formation of
any special assessment district which attempts to cause
the instalation of IMPROVEMENTS.
5. In the event HAYLINGSbreaches any of his agreements herein
contained, CITY shall have the right to cause IMPROVEMENTS
to be installed, and in the event the said $799 is not paic.
or caused to be paid by HAYLINGS to pay for IMPROVEMENTS,
CITY shall have the right to cause $799 to be taxed
against the property on the County tax bill, which said
amount shall be payable to CITY.
6. This Agreement shall be binding upon the heirs, successors,
assigns of the parties hereto, and creates a covenant
c, .j I....
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running with the land.
IATED: MARCH ) I%~ CITY OF CARLSBAD
ATTEST:
itate of California bounty of San Diego
On this ST%ay of M&!&c& in the year 1965, before me, ituart C. Wilson, a Notary Public'in and for said County and State, jersonally appeared CARL H. NEISWENDER and ?jIARGARET E. ADAMS, :nown to me to be the Mayor and City Clerk, respectively, of the :ity of Carlsbad, California, and known to me to be the persons 'ho executed the within instrument'on behalf of said public ,orporation, agency or political subdivision, and acknowledged to !e that such City of Carlsbad executed the same.
111~~1~11111~1111111lllllllllllllllllili~~~~,,~,~,~~l1llll1lll,llilllllillllll~111~1,11,11,,111111,1111,,I ,,,,,11/11,1/11,/1,,1111,llill StUARf C. WILSOp(
NO1F\UY PbLiLIG . CALIFORNIA
PRINCIP.lL OFFICE IN
SAN IllEGO COUNTY ,I”““““““““‘,,,,,,,,,,,,,“,,,,,,,,,”””,,,,,,~,,,,,,,,,,,,,,,,”,,,,,,,,,,,,“~,,,,,,,~“,“~ -I-
I
STUART C. WILSON
TO 447 c
(Individual)
STATE OF CALIFORNIA
S,&M ~/E&J ss.
COUNTY OF
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On before me, the undersigned, a Notary Public in and for said
State, personally appeared 6l%G?6F Lu. /#C/L/~~
2
I)ND
I: ACAM ti r) YQAf64
W
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2 to be the person ~ 5 whose name 5 AR& subscribed
U) to the within instrument and acknowledged that WEIy
I
executed the same.
* WITNESS mv hand and official seal.
Signature *CL&+&&
. known to me
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STLJARli’ C. WILSON B tiC:..i<l ; LYLIC . L’,?ilFClii’rlA ;
PR;NCIP.;.L OFFICE IN 2
j I SAN DIEGO CWNTy III”DIuIIIIIN(I”II”IlYllUllWWYY I ~,unsllllrlrul”,“,,~“~,~“~,,,”
(This PM. for offleial notarial sea!)
C . . . . * ,*
FEBRUARY 25, 1965
HAYLINGS---PARCEL “C”
‘7SG
All that portion of Lot 8, Block “G”, Bella Vista, in the City of Carlsbad, County of San Diego, State of Cali- fornia, as shown on Map thereof No, 2152, on file in the office of the Recorder of said San Diego County, described as follows:
Beginning at a point on the Southeasterly line of said Lot, said point being South 26’ 11’ 20” West 140.00 feet from the Most Easterly corner thereof; thence South 26” 11’ 20” West along the Southeasterly line of said Lot, 78.18 feet to the most Southerly corner thereof; thence North 63’ 43’ 40” West along the Southwesterly line of said Lot, 140.00 feet; thence North 26’ 11’ 20” East, parallel with the said Southeasterly line, 78.08 feet to a point in a line that is parallel with and 140.00 feet Southerly from the Northerly line of said Lot; thence South 63’ 46’ 10” East along said parallel line, 140.00 feet to the Point of Beginning,
10,933 Square Feet
c
INSURANCE COMPANY OF NORTH AMERICA
PHILADELPHIA
PERFORMANCE BOND
The premium on this bond is
$......%)A~.~ . . . . . . _ . . . . . . . . . for the
term thereof
llinotu all Blen bg these @esente:
That we . . . . . . . . . . . . . . %!%?%%...!!.~ . !!!!%!?!?!% . . . . . . .._...._______..................................... _____. ____________. ._ _..___.__________. __..._. _____ _._ __
of . . . . . . . . . . . . . . . . . . . . . . . . !?%!.~.!?%% ..__ ~?~.~.~.%??!?!. .__________________.............................. (hereinafter called the Principal), and
INSURANCE COMPANY OF NORTH AMERICA a Corporation organized under the laws of the State of Penn-
sylvania, and duly authorized to transact Surety business in the State of California (hereinafter called the Surety),
are held and firmly bound unto ____._._...__._...._............................................. : ._..._......._.___............................................................
. . . . . CITY...QP . . . . CA!RMBAD, . . . . (;;IALD.OEXA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(hereinafter called the Obligee), in the sum of . . . . . ..___ sEvEN...~~I)....~.~.~~~~.~~.~...~~...~~~100.
----I------------ - ($Iz99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..~........-.......~............................................................................................... .! . . . . . . . . . . . . . . . . . ) 00 Dollars,
for the payment whereof to the Obligee the Principal and Surety bind themselves, their heirs, executors, adminis-
trators, successors and assigns, jointly and severally firmly by these presents.
WHEREAS, the Principal and the Obligee have entered into a certain contract (hereinafter called contract),
dated . .._._..._._.____.__.............................................................. for _._____ cer.f;.a~~...im~!r~~~.~~~~~..~ ___. !%.&.&..!!.?.???!?&
.Lm2r.Qvement.a J .___ incl.~.~in~...~.~rb, ____ kW+er sidewalk and one-half street 5x- _...... 2 . . . . . . . . .._____...............................................................................
.cl.~.~.~n~;...cleari~~~...~.~~~~.~.~~ twadiw 1.... . . . . . . . . ..____ L . . . roa.~wa~..exca~ati . . . aed...P.3eerneet . . . . .
a copy of which contract is or may be attached hereto, and is hereby referred to. structure.
NOW, THEREFORE, the Condition of this obligation is such, that if the Principal shall faithfully perform
the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain
in full force and effect.
SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS:
First: That in the event of any default on the part of the Principal, written notice thereof shall be given to
the Surety as promptly as possible, and in any event within ten (10) days after such default shall have become
known to the Obligee or to any representative of the Obligee authorized to supervise the performance of said
contract. If the Principal shall abandon said contract or be compelled by the Obligee to cease operations thereunder,
the Surety shall have the right to proceed or procure others to proceed with the performance of such contract, and
all reserves, deferred payments and other moneys provided by said contract to be paid to the Principal shall be paid
to the Surety at the same times and under the same conditions as by the terms of said contract such moneys would
have been paid to the Principal had the contract been performed by the Principal, and the Surety shall be
entitled thereto in preference to any assignee of the Principal, or any adverse claimant; but if the Obligee shall
complete or re-let the said contract, all reserves, deferred payments and other moneys remaining after payment
for such completion shall be paid to the Surety or applied as it may direct to the settlement of any obligation
incurred hereunder.
SB-I27 1500 8-4-60 PRINTED IN U.5.A.
Second: That the Obligee shall faithfully perform all of the terms, covenants and Conditions of such contract
on the part of the Obligee to be performed; and shall also retain the last payment and all reserves and deferred
payments until the complete performance of said contract, and until the expiration of the time within which
notice of claims or claims in liens by persons performing work or furnishing materials under said contract may be
filed, and until all such claims shall have been paid, unless the Surety shall consent, in writing, to the payment of
said last payment, reserves or deferred payments.
Third: That the Surety shall not be liable for any damages resulting from strikes, or labor difficulties, or from
mobs, riots, civil commotion, public enemy, fire, the elements, acts of God, or defect or fault in the plans or
specifications referred to in said contract or for repair, or reconstruction of any work or materials damaged or
destroyed by any of said causes; or for damages from injury to, or for the death of any person; or under or by
virtue of any statutory provision for damages or compensation for injury to or the death of any employee. This
bond does not cover any provision of the contract, or specifications respecting guarantees of efficiency, or wearing
qualities; or for maintenance or repairs, nor does it obligate the Surety to furnish any bond, policy or obligation
other than this instrument.
Fourth: If there be more than one Obligee named in this bond, then it is understood that the rights of the
Obligees or any of them under his bond are conditioned upon the faithful performance by or on behalf of the
Obligee of all Conditions of the contract by him to be performed.
Fifth: That no suit, action or proceeding by the Obligee to recover on this bond shall be sustained unless
the same be commenced within six months from the completion of said structure or work of improvement, as
“completion” is defined under the applicable sections of the Code of Civil Procedure of California. Any notice to
the Surety may be addressed to or served upon it at its office in...34i.~!Q..Xiti~~.~...~~~.~.~ ____ %J~...~@J% . . . . . . . .
California.
SIGNED, SEAiED AND DATED this _____...__.___ %!?!?-~ _____..___.._.._ day’ of ________.____ Marah
._____~____.._______..................~~..........~........~........~.~..~...........~...~.~... Principal .I - - - -- - - _. - _ _ __ _ _ _ i
INSURANCE COMPANY- OF NORTH AMERICA
STATE OF CALIFORNIA,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . COU~?~ of....,.$a.n Di epo ss. 5..
On tht./Cti,dd 1
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cy ofL2Ld?&.& .................. before ifi the year one thousand nine hundred and me.. ............ Blanche ............................. Lyon .... ~.i.X.~~!:.f.i.~~. .... in and for the .......................................................... ) a Notary Public ............... ....... county of.. ...... sari.. Di.ego .... ............. personally afifieat-ed
SB.lZC - 2.141 Printed in U.S.A
- -_ . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............ ..... . . . . . . . . . . . . . . ..~......................................................................... ~ .,........,,.,............, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rudolph IV'. Hertsch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . known to me to be the person
instrument as the Attorney whose name i S subscribed
OF NORTH AMERICA, -in-fact of the INSURANCE
and acknowledged to me that he the name of the Insurance Company of North America thereto
and his owtt name,, , as Attorney in-fuct. /7
. . . . . . . . . . . . . . . . . . ..__...
to the within
COMPANY
subscribed
as principa4,
B u.. ................ LYON . Y ..... .. . ..................................
My Commission Expk%~%~& ?n96,8,d for the ...... .... -tY St& bt California of. ..sa sn.. .. Di.qq.. ....