HomeMy WebLinkAbout; Hoffman, Jay & Maryon; 74-300268; Future Improvement Agreement/Releasec . . 1563
RECORDINGREQL >TED BY AND WHEN RECORDED MAIL TO:
CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008
MAIL TAX BILL TO:
Jay F. Hoffman 4901 El Camino Real Carlsbad, California 92008
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i Documentary Transfer Tax $ NIL X - Computed on Full Value of X Property Conveyed, X . Or Computed on Full Value X Less Liens and Encumbrances X Remaining at Time of Sale. x &mrfl&2 CITY OF CARLSBAD X Sic@ature zf Declarant or/Firm Name X Agent Determining Tax
FUTURE IMPROVEMENT AGREEMENT OF
OWNER: JAY F. HOFFMAN and MARYON D. HOFFMAN
ADDRESS: 4901 El Camino Real, Carlsbad, California 92008
DATE: hovembek,6, 1974
PARTIES:
The parties to this agreement are the City of Carlsbad,
a municipal corporation of the State of California, herein-
after referred to as CITY, and the persons mentioned above
as "Owne rW, hereinafter referred to as OWNER, without regard
to number or gender.
COVENANTS:
It is mutually agreed by the parties hereto as follows:
1. CITY hereby approves the Parcel Split No. 148-A,
El Camino Real (Assessor's Parcel Nos. 207-101-7, 207-101-8
and 208-040-l) on that certain real property warranted by
OWNER to be wholly owned by them, 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.
2. CITY does hereby temporarily waive the require-
ment that OWNER install along the street frontage of said
property those certain public improvements listed on Exhibit B
attached hereto and by this reference incorporated herein.
3. Prior to the issuance of a building permit for
the construction of any additional permanent structure (not
including a proposed nursery) to the existing Country Store
development, OWNER shall forthwith, at OWNER's sole cost and
expense, prepare plans and specifications approved by CITY
for the installation 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.
4. In the event title to said property or a part
thereof is sold, the herein stated obligation shall auto-
matically also become the obligation of the new owner.
5. In the event OWNER fails to act as required in
paragraph 3 above, CITY may perform OWNER's said obligations,
and OWNER shall upon written demand therefor reimburse to
CITY its costs therefor.
6. This agreement shall be binding upon and inure
to the benefit of the heirs, successors, assigns, and succes-
sors in interest in said real property, shall run with said
real property and shall create an equitable servitude upon
said real property.
IN WITNESS WHEREOF, the parties hereto have executed
this Future Improvement Agreement the day and year first
above written.
CITY OF CARLSBAD, a Municipal Corporation of the State of
CITY
c’ $1’ Attorney
(Attach notarial acknowledgment of Owner.)
OWNER
2.
STATE OF CALIFORNIA San Diego
~NTY&ober 31, 1974 before me,
the undersigned, a Notary Public in and for said County and State,
ersonally a peared pia
ryon
{, Hoff:;; F. Hoffman and
within instrument and acknowledged that same.
, known to me
to be the S oerson.- whose namasubscribed to the
they executed the
. E. Lynne Rlemer
Name (Typed or Printed)
Notary Public in and for said County and State
FOR NOTARY SEAL OR STAMP
E. LYNNE RIEMER
NOTARY PUBLIC-CALIFORNIA
SAN DIEGO COUNTY MyCommission ExpiresFeb. 7,1977 Juvv-~~
P. 0. 90x 1247. Carlsbad, CA. 92008
3 . . , F?s. k- /%@-A ! _ , * c .
EXHIBIT A
That portion of Lots “E” and “I” ‘of Ranch0 Agua.Hedionda
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,
Novmbe r 16, 1896, described as follows: c .
Be.ginning at corner No. 8 of Lot “I” in.the boundary
betk;een ‘said Lots “El’ and “i” said corner No. 8 being
aIso in the Westerly boundary of a portion of that parcel
of land described in deed to Horace H. Kelly, recorded
January 22, 1951 as Document No. 9613 in 6ook 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 Kejly
‘land, above mentioned; thence along said Westerly boundary
South 17”46’15” 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.‘*l”; thence along
the Northerly prolongatfon of’that portion of the Easterly
line of said Lot “I” between Corners No. 1 and 2 of said Lot,
NorthT2029r40” West (record North 3” West) 21.84 feet to.an 1 I ,ntcirsect ion ;,;i th the ccntcr 1 inc of County Road Survey Vo,
682 as the same is described in easement deed to the County
of San Diego, dated May. 27, 1936. and. recor.ded in Book 52 1,
page 230 of Official .Records of said San Diego County, said .. .
. * . .
- -
I ’ . . I_ - .>,i . ‘_ $MIBIT A (CIIi\TNij) t e > . .
-%37 .
.
point of intersection being also the Southeasterly
of that parcel of land described in quitclaim d.$ed
cbrner
to Horace ’ .
-. H. Ice.! 1 y, recorded January 22, 1951 as Document No. 9613, in *-I.- . . Book 39!:2, page 34 of Official Records; thence along the
Southerly line of said Kelly land as follows: along said ’ -
center 1 ine of road, North 617~10’ West 897.21 feet,North
64035' West 701.35 feet 50 the beginning of a tangent curve _ concave Northerly having a radius of 1000 feet, and North-
. . . wester1.y along the.arc of said curve 29.00 feet; thence leaving _ . said center line, North 74”ll I \!est’ 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°36f15” East 353.64
feet; thence North 88"59'15" West 663.30 feet to a point on . the center 1 ine of an easement descrrbed in deed to the
Carls-bad 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°17J15'1
East 445 ,feet from the most Southerly angle point in said
Southerly boundary of said Horace H. Kelly land; thence leaving
said Kelly boundary North lO”&2’&” West 354.70 feet; thence f ? North 5°17115” East to a point in the center line 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. . . -*. : -. - .‘- ..i ‘. _ :- . . . _’ . . - . .
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Parcel Split No. 148-A Hoffman, Jay
1. Installation of a second fire hydrant, including extension of water line if necessary, along street frontage of the property as required by condition No. 3 of Parcel Split No. 148-A's tentative map approval.
All construction shall conform to City standards at time the work is done.
FILE/PACE
RECORZ! pF cMLsa&~ Exhibit "B"
9 35 IIll ‘74
OFFlClAl. RECilR DS SANDIECOCOUNSY,CALlf, HARLEYF.BLI~OM RECORllER
F40 FEE
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