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Home My WebLink About; Hoffman, Jay & Maryon; 72-194226; Future Improvement Agreement/Release- 207-100-11.12 * , 1 E . 9 . 10 12 13 14 15 36 17 18 . 19 20 21 22 23 Y 24 25 25 2l53-i It’TCC;RlJ~i;C; r<l’fl’~.~:.C;‘~i: ,A -_ 1) ny fV!l) \?lli’lN I<IXORDI::D i.‘j\l:L TO CIl'y @I? C;\RI;SI?AD 1200 Elm Avcnuc Carlsbad, California 92008 Documentary Transfer Tax$ Computed on Pull Value of Property MAIL TAX DILL TO Conveyed, Owner Named on Line 7 at Or Computed on Full Value Less Lie - and Encumbrances Address Named on Line 8 Remaining at Timcl -- ._ FUTURE IXPROVEMENT AGREEM&T.' 7 of OWNER : Jay F. Hoffm=ln and Maryon II. Hoffman ADDRESS: 4901 El Csmino Real, Carlsbad, California DATED: - '. ' -, 2 I._ ;/ &:. PARTIES: The parties to this agreement are the City of Carlsbad, a municipal corporati on of the State of California, hereinafter referred to as CITY; and the person or persons mentioned on Line 7 of Page 1 hereof, hereinafter referred to as OWNER, without regard to number or gender: . COVENANTS: It is mutually agreed by the parties hereto as follows 1. . . 2. CITY hereby approves the Parcel on that certai n real property, warranted by OWNER to be wholly owned by him, described on Exhibit A, attached hereto and by this reference incorporated herein. Also shown for convenience sake on Attachment A, attached hereto and made a part hereof. CITY does hereby temporarily waive the requirement that OWNER install along the street frontage of said property those , , 4 l( 1: 3: 1: 1; l! It 3: 1E 32 . . 2c 21 2i . . 22 24 25 26 -27 - 28 29 30 31 32 4. In the event title to said property or a part thereof is sold . the herein stated obligation, shall automatically also become the obligation of the new owner. 5. In the event OWNER fails to act as required in paragraph 3 above, after written demand therefor by CITY, CITY may perforl 6. . . OWNER’s said obligations and 5XWER shall upon written demand therefor, reimburse to CITY its costs therefor, This agreement shall be binding upon and inure to the benefit of the heirs, successors, assigns, and successors in interest in said real property, shall run with said real property, and shall create an. equitable servitude upon said real property. 2160 .- of said public improvements in the street frontage of said property, and shall then forthwith construct said public improvements according to said plans and specifications, to the approval of CITY. The demand by CITY mentioned in this paragraph may, at CITY's sole discretion, demand said work as to all said improvements on all said property, or as to any portion thereof, and the failure by CITY to demand said work as to any of said improvements shall not constitute a waiver by CITY of its continuing right to demand such work in the future. CITY OF CARLSBAD, A Municipal Corporation of the State of California Mayor STATE OF CALIFORNIA lss COUNTY OF SAN DIEGO ) ' 225 On this &l- day of \TOll/ I before me, MA~~,A~~=TE~ /$-j!&Ns in the year /77% , ‘ a Notary Public in and for the state!, pcrsok2lly appeared d Iv. Durlrle 9 known to mc to bo Mayor of t11c City of Carl:;bad, California, and known to rm to bc the person who cxccutcd the within instrument on behalf of ! I i 1 j ! 1 1 I 1 I I ! i i i i - j i 3 1: 1: 1: 1; l! u 1: It 1F 2c 21 2: 2: 24 2ii 2E .27 28 29 30 31 32 2161 said public corporation, agency or political subdivision, and acknowledged to me that such City of Carlsbad, California executec the same. WITNESS my hand and official seal. Signature rK~NUit%l UFFIGE IN ” i .” OWNER ' OWNER STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO ) l . . On46 /$? /97Z- On46 /$? /97Z- , before me, , before me, the undersigned, a Notary the undersigned, a Notary Pub{id Pub?.idin a/nd for said State; personally appeared in a/nd for said State; personally appeared ,d Fj /Ydff~/+ AI %I /‘jr? r i/d A/ r/ Fj /Y&MA AI %I /‘jr? r i/d A/ LT? NCJ H/YJ+ A/ LT? NCJ H/YJ+ A/ / I I / # , known to me to be the person/s known to me to be the person/s whose name/s M/are subscribed to the within instrument and whose name/s M/are subscribed to the within instrument and WITNESS my hand and official seal. WITNESS my hand and official seal. Name (Typed or Printed) j MY COMMISSION EXPIRES FEBRUARY 15. 1ui4 i P-P . . . . a . r<w. . , j ,.T,< * -3- OFFICIAL SEAL MARGARET E. ADAMS NOT:.iir’ PUBJC . CALltu;ia.ir\ ktili\lli’:~i Uii itic id L‘s,!. ‘?” \I [il’,!;[t iJj:fl’: 1 I I EXHIBIT A That portion of Lots “E” and ” I ” of Ranch0 Agua. Hed ionda in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No, 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, described as follows: Beginning at corner No. 8 of Lot “I” in the boundary between said Lots “El’ and “I” said corner No, 8 being also in the Westerly boundary of a portion of that parcel of land described in deed to Horace H. Kel ly, recorded January 22, 1951 as Document No. 9613 in Book 3942, page 34 of Official Records; thence along said Westerly boundary South 17046’15” West 958.55 feet to the Southwesterly corner of a portion of said Kelly land; thence along the Southerly boundary of said Kelly Land South.77”04’45” East 360.37 feet to an angle point therein and North 64’17’15” East 445 feet, thence leaving said Kelly boundary North 10’42’45” West 354.70 feet; thence North 5°17’15” East to the 700 foot radius curve concave Northeasterly in the center line of the County Road known as Road Survey No. 682; thence North- westerly along said curved center line of said County Road to said Westerly boundary of a portion of said Kelly land, above mentioned; thence along said Westerly boundary South 17046’15” West 31.08 feet to the point of beginning. EXCEPTING from said property that portion thereof lying . within said Lot liE” at said Ranch0 Agua Hedionda. Together with that portion of Lot “I” of the Ranch0 Agua Hedionda, in the County of San Diego, State of California, according to Partition Map thereof, No. 832., filed in the office of the County Recorder of San Diego County, November 16, 1896, lying within the following described parcel of land: . . Beginning at Corner No. 2 of said Lot “I”; thence along the Northerly prolongation of that portion of the Easterly line of said Lot “I” between Corners No. 1 and 2 of said Lot, North 2”29’40” West (record North 3” West) 21.84 feet to an intersection with the center line of County Road Survey No. 682 as the same is described in easement deed to the County of San Diego, dated May 27, 1936 and recorded in Book 521, page 230 of Official Records of said San Diego County, said . . 2163 - EXH I B I T “A” Continued point of intersection being also the Southeasterly corner of that parcel of land described in quitclaim deed to Horace H. Ke.lly, recorded January 22, 1951 as 0ocument”No. 9613, in ‘,-*.- Book 3942, page 34 of Official Records; thence along the Southerly 1 ine of said Kelly land as follows: along said center 1 ine of road, North 67"lO' West 897.21 feet,North 64035' West 701.35 feet to the beginning of a tangent curve concave Northerly having a radius of 1000 feet, and North- westerly along the arc of said curve 29.00 feet; thence leaving said center line, North 74”ll’ West a chord distance of 262.47 feet to a point on the arc of said curve, said point being the TRUE POINT OF BEGINNING; thence South 2°36'15" East 353.64 feet; thence North 88”59’15” West 663.30 feet to a point on the center line of an easement described in deed to the Carlsbad Mutual Water Company, dated September 26, 1941 and recorded in Book 1271, page. 70 of Official Records of said San Diego County; thence South 64'17'15" West (record South 64054~40" West) along said center line 911.65 feet to a point in said center line of Easement and in said Horace H, Kelly boundary which is distant along said lines North 64”17’15” East 445 feet from the most Southerly angle point in said Southerly boundary of said Horace H. Kelly land; thence leaving said Kelly boundary i\lorth lO”42’45” West 354.70 feet; thence North 5“17’15” East to a point in the center Tine of said Road Survey No. 682, said point being on the arc of a curve concave Northeasterly having a radius of 700 feet, which curve begins at Engineer’s Station 59 plus 25.32 on the center line of Road Survey No. 682; thence Easterly along said center line to the TRUE POINT OF BEGINNING’. As shown for convenience sake on Attachment A, attached hereto and made a part hereof. :p. . ,.‘ .#G “J . 2164 I . -. --;flmcHM&/vT 3 ” i/4/72 Gg, c$? ’ . 1. 2. 3. . 4. C L ;' 2165 FILEIFASE I,$2W 900K1972 to its centerline except that portion improved to City Standards. Grading and paving of adjacent public right of way OFFICIAL RZCORDS $ANOlEGO COUNTY~CALIF. HAR$i$O;f,l$OH C NO FEE Construction of P.C.C. curb, gutter and sidewalk 'abutting all street frontages of property. Planting of street trees or deposit of monies with the City to plant said trees. Installation of street lights and payment of 18-month energy charges as required by City Engineer. All construction shall conform to City standards at time the work is done. . Exhibit IrBo