Loading...
HomeMy WebLinkAbout; Hier, Gunvor; 000000; Future Improvement Agreement/Release- . a , ._ - 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 0 64-l (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: City dlerk . -- * l L .: 1 “L 40 ’ $ 3 ------A cl I I -a a , ‘a I a T- Y Bif.00 00 /V 89’=58’S3” FOAP1c=“S ;E /4z5-0 ’ 63.50 8 . F i$i 5 : c; $a :)\ .Q w s (yY B ? /68.00 : : 8 , . : ! ! a : \ f 3 f ’ f r” 6 P i PIPC % aa If”+- ‘ / Hi. ,I”; I @ ) Ll*P# 0 /nd,raJ;r/ No/r. /rd uz //r& okd o /!n d/co,& /if 3/ d “/Pee Pi+- cc /a. L.(: 27#9 =WESTED BY : cp;““c‘& E’zO 1 LOT SPLIT MAP - CITY OF CARtS6AD 1 NO. 1 PREPARED BY: 1 APR?ovED BY: ~DRAWING EVINCE, No. &w,v A- F//Sk? tvrrar/ c/* kcwwmee I 6TSEEF Lf’30 f or4SSfA~$g R.L.S.orr R-c.= Ipco. NO. CITY ENGINSW RLO. ‘40. SEWER: s-~AU&qO, cAc,G L.f. 2709 WArcR : 1: 9rp*#!z3~4@ 0 DKTE WC. NO. rr4 # c., II I I_ ,-l- IL I\ ” b 5 1 ,i~ ‘I ._ -,. I - I. .‘I .*- ,_ .,’ (;. ‘;,‘*<7,: , -y-r JdG* 1,. ;~ ‘,, ;* ‘_i :..>. r ; 1 ,’ * . ::i’ i:’ y : ~,‘.&J *.;: ._ m-lQuNu0 1. , ;’ ..r, -cammu WmmlO PARCEL "A" HIER - 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 a&!am Cal-A cka nwlo@ 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).