HomeMy WebLinkAbout; Hier, Gunvor; 000000; Future Improvement Agreement/Release- . a , ._
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AGREEMENT
PARTIES: The parties to this agreement are the CITY OF CARLSBAD,
CALIFORNIA, a municipal corporation, hereinafter referred to as CITY, and
GUNVOR M. HIER , hereinafter referred to as OWNER, 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 following 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
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(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: & L, /,% g- .
Y
CITY OF CARLSBAD
Carlsbad, California
ATTEST:
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THATP0RTIONOFUrrltX?CZDAREpUADDITSONXI~
CITY OF CARLSBAD, COUNI'YQ SADiDIEGO, STATE OF
CALIFORNIA, ACCORD1MGTQMAPTtBRSQF -. 523, PI:IBD
INTHEOPPXBOPl'!iBIIECOCIOgROQSAID CCWTY DmcRIBM)
As POLIms~
BEGINNING AT THE tUMWMST-oITRAcT6,~OFLAQuHA
MESA TRACTS, ACCORDING TO MAP 2SREOP No. 1719, PILBD
INT?Ei OPPfCZ OPTHE RECORDERS SAID COUNTY JUNE 20,
1921tTHENCEAfIONGT88BASTLT~~sATD~Wo.d
SOUTH 1216.40 FEET TO THE -TCORNBROFTHAT
PARCELOF LAND DlZSCRIBEDINnraEnTOROYP, UZNNONAitD
WIFE, RECORDEDDECEHBERl9, 1949AS DOCWPNT No. 117982
IN BOOK 3424 PAcg 158 OF OFFICIAL RECORDS: TtIENCE
CONTINUING ALONG SAIDEAST LINE OF SAIDTRACT No. 6
SOUTH 259.74 FEET TO THE SOUTH'LIHE OF SAXD ADDITlONt
'I'XENCZ ALONG SAID SOUTX LU08 EAST 345.50 FEET TO Tm
TRUE POINT OF BEWING OF THE EEREIN DESCRIBED PARCEL OF L&ND; THEXCE CONTINUING ALONG SAID SOUTH LINE NORTfi
89.58’ 53” EAST (RECORD EAST) 20.50 FEET TO TRE 5OUTf+
WESTCORNEROF THAT PAELOF UNDDESCRIBEDINDEBD
To E.Bo SUTTON AND WIFE REZORDED OCTOBEiR 5, 1944 AS
DOCUMENT No. 74265, IN BOQK 1754 PAGE 175 OF OPFICXAL
RECORDS:THENCEAXDNGTHBWESTLIPSE OF SAIDLAND, WRTH 0.00' 07" WEST (RECORD tiTHj 259.63 FEET,
(RECORD 259.74 FEET To = SCMJTHEAST CORNER OF SAXD
LANDDESC!RIBEDfNDEEDTOIZNN~;TBENCEAU%GT'HB
SOUTHBRLY LINE OF SAID LAKD SUUTE 89-59' 53" UEST
(RECORD WEST) 168.00 feat: - SOUTH o* 00' 02"
EASTll9.68FZET;THENCE~ALINEPARALJBLWITIit
SAID SOUTH LIHE OF SAID ADDITION NORTH 89.58' 53"
EA8T 147.50 FEET; THENCE SCXJTH 0'00' 07" EAST 140
PEETTOTflE WWi-~ BEGINHI#G.
RESERVINGTHI'SOUTHERLY 2OFEETFOR ROADWAY AND PUBLIC
UTILILf FURPUSBS.
CONTAINING TRERGIN 22,561 SQUARE PEET (b&T).
E<fli/i IT l’A --I )I .~. -. -
u GUSTAV 1. KAAWTNER UcfMm IAND SuttvEwrt _I-
2m4mRusAomtnwARD
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PARCEL "A",
HTER
&NGIKEER'S DEsI‘JB;spTIOb3
TXAT PORTION OF LOX 1 OF CEDAR HILL ADDlTION IN THE
CITY OF C-BAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF No. 523; FILED
IN THE OFFICE OF THE RECORDER OF SAID COUNTY DESCRIBED
AS FOLLOWS:
BEGINNING AT 'ME NORTHEAST CORNER OF TRACT 6, OF LAG'UEA
MESA TRACTS, ACCCRDXNG To MAP THEREOF No. 1719, FILED
IN TXE OFFICE OF THE RECORDER. OF SAID COUNTY JUNE 20,
1921; THENCE ALONG THE EAST LINE OF SAID TRACT No. 6
SOUTH 1216.40 FEET TO TEE SOUTHWEZST CORNER OF THAT
PARCEL OF LAND DESCRIBED IN DEED TO ROY F. LENNON AND
WIFE? RECORDED DECEMBER 19, 1949 $3 DOCUMENT No. 117982
IN BOOK 3424 PAGE 158 OF OFFICIAL RECORDS; THENCE
COLN'I'INUING ALONG SAID EAST LINE OF SAID TRACT No. 6
SOUTH 259.74 FEET TO THE SOUTH LINE OF SAID ADDITION;
THENCE ALONG SAID SOUTH LINE EAST 345.50 FEET TO THE
TRUE POINT QF B&GINNING OF THE HEREIN DESCRIBED PARCEL
OF LAND: THENCE CONTINUING ALUNG SAXD SOUTH LINE NORTH
89O 58' 53" EAST (RECORD EAST) 20.50 FEET TO TEE SOUTX-
WEST CORNER OF TEAT PARCEL OF LAND DESCRIEiED IN DEXD
TO E.B. SUTTON AND WIFE RECORDED OCTOBER 5, 1944 AS
DOCUMENT No. 74265, IN BOOK 1754 PAGE 175 OF C@'FIC!IAI,
RECORDS; THENCE ALONG THE WEST.LINE OF SAID LAND,
NORTH 0.00' 07" WEST (RECORD NORTH) 259-63 FEET,
(RECORD 259.74 FEET TO THE SOUTHEAST CORNER OF SAID
LAND DESCRIBED IN DEED TO LENNON; THENCE ALONG THE
SOUTHERLY LINE OF SAID LAND SOUTH 89.59' 53" WEST
(RECORD WEST) 168.00 feet: T&ENC!E SOUTH 0. 00' a' EAST 119.68 FEET: THENCE ALWG A LINE PARALXE L WITH
SAID SOUTH LINE OF SAID ADDITION NORTH 89' 58' 53"
CAST 147.50 FEET: THENCE SO'UTH 0' 00' 07" EAST 140
FEET TO THE TPRWE+P&Ei;ff-DF BEGINNING.
RESERVING THE SOUTHERLY 20 FEET FOR ROADWAY AND PUBLIC
UTILXTY PURPOSES.
CONTAINING THEREIN 22,561 SQUARE FEET (NET).