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HomeMy WebLinkAbout; Huntington, Carole; 94630; Future Improvement Agreement/Releaser . $1 *. . , . a" a- is ; b $$I -03 jL ci. -e d 3.. 2 5 3 3 ,- 4 5 6 7 8 I'S 9 10 11 12 13 14 15 26 17 la 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RECORDING REmTESTED BY AND WHEN RECORDE MAIL TO FILE/PAGE NO........,...--..---- CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 MAIL TAX BILL TO - Owner Names on Line 7 at OFFICIAI-RECORRS : : - : Address Named on Line 8 ~N~~~*~~~~~~ _ WQ FE LOT SPLIT IMPROVEMENT AGREEMENT of OWNER: I. Carole Huntington ADDRESS: ,104O Macmolia Avenue, Carlsbad, California 92008 DATED:- May 7, 1970 P.ARTIES: The parties to th,is agreement are the City of Carlsbad, a municipal corporation 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 mutualiy agreed by the parties hereto as follows: 1. 2. 3. CITY hereby approves the division by lot split of that certain real property, warranted by OWNER to be wholly owned by him, into those individual lots particularly described on Exhibit A, attached hereto and by this reference incorporated herein. CITY does hereby temporarily waive the requirement that OWNER install along the street frdntage of said individual lots, those certain public improvements listed on Exh'ibit 3, :attached hereto and by this reference incorporated herein. Upon written demand therefor by CITY, addressed to OWNER at the address mentioned on Line 8 of Page 1 hereof, OWNER shall forthwith, at his sole cost and expense, prepare plans and . specifications, approved by CITY, for the cqnstruction of said public improvements in the street frontage of said lots, and shall then forthwith construct said public improvements according to said plans and specifications, to the approval of -l- 0 70-3 .* c . . * , .I I 2 3 4 5 6 7 I' . a 9 10 11 12 12 14 15 16 17 1E 1s 2c 21 22 23 24 25 26 27 28 29 30 31 32 ‘I ‘I I I I I! t -1 Ii I i I: I i/ i 1 Ij ! iI I I I ; 1 111 2* -+ 9 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 lots, or as to any portion thereof and as to any number of said lots, and the failure by CITY to demand said work as to any of said improvements or as to any of said lots, shall not constitute a waiver by CITY of its continuing right to demand such work in the future. 4, In the event title to one or more of said lots is sold, the herein stated obligation shall automatically also become the obligation of the new owner of said lot or lots, provided however. that the owner of each lot shall be obligated only with regard to the work in the street frontage of his own lot. 5. In the event OWNER fails to act as required in paragraph 3 above, after written demand therefor by CITY, CITY may perform OWNER'S said obligations and OWNER shall upon written demand 6. 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. CITY OF CARLSBAD, A Municipal Corporation of the State of California By: -- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) "= . On this >s*day of MA-Y , in the year /4-m , before me, STUART C. WILSON, a Notary bublic in and for said State, personally appeared -DA-~I~ /U J)UA//VE , known to me to be Mayor of the City of Carlsbad, California, and known to me to be the person who executed the within instrument on behalf of said public corporation, agency or political subdivision, and . L -2- , , 1 2 3 4 5 6 7 8 ,’ . 9 PO 11 12 13 14 15 16 17 18 I.9 20 21 22 23 24 25 26 27 28 29 30 31 32 I’ /I + I / )/ / / !I ! - 2. .,?Y _ ._ ,5, acknowledged to me that such City of Carlsbad, California executed the same. . WITNESS my hand and official seal. r Signature STUART C. W STATE OF CALIFORNIA COUNTY OF SAN DIEGO “,,,,l,lll.lll”lllll,,,,,~,,,,,“,,~,~,,,,,”,,~~,~,,,,,,,,~,~~~~~~~~~~~~~~~““~~~~~“~~“~~~~“”~~~~~“~~~~~~~~“““~ STUART C. WILSON NOTARY PUBLIC - CALIFORNIA PRlNCIf’.IL OFFICE IN. SAN DIEGO COUNTY YuII~IIII1IIIII1IIIII1IyIIIIIIIIIIIIIIyI”,. WYUWYl,“llllllYltlWYIUYIIIIUI*IYIIIIIIYI 'ILSON MY COMMISSION EXPIRES JUNE 15,1972 OWNER OWNER OWNER 1 ss. On kg 7, 1970 before me, the undersigned, a Notary Public in and for said State, personally appeared I. Carole Huntington , known to me to be the person/0whose name/$ is/a subscribed to the within instrument an< acknowledged that he/she/they executed the same. WITNESS my hand and official seal. P xIIidLL Signature /' & LA Olsen Name (Typed or Printed) . -3- l;FFICIAL SEAL LOUIS A. OLSEN NDTArl~ +;;3~l;: CALIFORNIA PT;IN,IPAL OFFICE IN SAN 71EGO COUNTY My Commission Expires Dec. 6, 1973 PARCEL NO. 1 DESCRIPTION --- - -- TIiAT POIiTION OF LOT 13, IN BLOCK "Bit OF THE RSSUBDIVISION OF A PCRTICN CF ALL% AVCCADO AC%%, iN THE CITY OF CA-RLSBAD, COUNTY OF SAN DIXGO, STATE OF CALImRiTIA, ASCOi<DiNG TO K4P TH&?iXjF No, 2027, F-J-I;gj -J-'Jj Tm OF"y"IGX OF THE ;jJ:C(-J~j-j~l~ OF &j-J-D COUHTY XAY 17, 1927 DZZCRIBZD AS FCLLC'dS: BEG-J-;Jz;:;fC+ AT T-X.!3 i.iOST SOUTIIEASTZRLY CO;W?X OF SAIs LOT 13; TIEl-lCE A&()NG T:IZJ ~;o;~T-J&~S'l'~~~,y LIljiJ T1ms4OF ROZTH 28O 39’ ViST w 135.00 PE::T; 28O 39’ TmgJCE SOUTII 61" 21 r TEST 64.99 PST; TKjQjCE SOUTH ZAST 135.00 FszT m Ta $CUT~<~.43TEi~Ly LIi{E Oi? S2&,IJ) LOT 13; T;-J-g-Jq(J~ ALOEJG SAID jOUTiT3ASTZRLY LIN;I-; TZWilZOF NORTH 61° 211 EAST 64,99 PET TO THE POiIJ'T OF BEGIK~ING. CONTAINING TIISBXN 8839 SQUARZ FEzT. Exhibit "A" , I . : I c 1. Grading and paving of way to its centerline to City standards. adjacent public right of except that portion improved 2. Construction of P.C.C. curb, gutter and sidewalk abutting all street frontages of property. 3, Planting of street trees or deposit of monies with the City to plant said trees. All construction shakf conform to City standards at time of the work is done. Exhibit "B"