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Home My WebLink About; Martineau, Lawson and Lillian; 221392; Future Improvement Agreement/ReleaseL : I- . ,’ . & 9 1C 11 12 13 14 of Page 1 hereof, hereinafter referred to as OWNER, withou't regard 35 + &o number or gender. 1E 17 1E 19 2c 21 2% 24 25 26 27 address mentioned on Line 8 of Page 1 hereof, OWNER shall 2% forthwith, * at his sole cost and expense, prepare' plans and -- specifications, approved by CITY., for t:he construction of said 29 30 public improvements in the street frontage of said lots, and 31 shall then forthwith construct said public improvements 32 according to said plans and specifications, to the approval of RECORDINC- EQUESTED BY AND WHEN RECG.t&ED MAIL TO CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 J!@aIL TAX BILL TO Owner Names on Line 7 at Address Named on Line 8 ‘$5 221392~+? FJWAGE NO.-,--,..- ’ &WW AT REQUEST OE (i+Izz&qM OFFICIAL REC~WS i%fd DIEGO COUNTI, C4L1FDRNf~ & Se GMY, .ccj~&L L&tl;XD~i; LOT SPLIT IMPROVEMENT AGREEMENT . of OWNER:/YfiflTjk??&k /fivStiti p % Lf/L./!P, &. J ADDRESS: %3s A?/+R BAAA nv.. J-fJL!A/wl &x CaL93J72 DATED: 07 /9 74 / PARTIES: The parties to this 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 COVENANTS: It is mutually 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 frontage of said individual lots, those certain public improvements listed on Exhibit B, attachec hereto and by this reference incorporated herein. Upon written demand therefor by CITY, addressed to OWNER at the -l- o 7w . I . a _-- ,I. - . 1 . 1 2 3 4 5 6 7 ,. 8 9 18 11 12 13 14 15 16 17 1% a9 20 21 22 23 24 25 26 27 28 29 30 31 32 -\, 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 6. OS~ER'S said obligations and OWNER 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. As shown for convenience sake on Attachment "A", attached hereto and made a part hereof. CITY OF CARLSBAD, A Municipal Corporation of the State of California B AP -- Mayor STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) "* . On this ao ?-?J day of Imu me, STUART C. ELSON, in the year /ml , before a Notary Public'in and for said State, personally appeared Dfio ID M. bUti/V/? , 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 -2- 1 2 3 4 5 6 7 8 ,’ . 9 PO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 acknowledged to me that such City of Carlsbad, California executed the same, WITNESS my hand and official seal. ~-u"""""""'""""""""'"",,,,,,,,,",",,~,,,~,,,,,,,,,,,,,~~,,,~,~~,,,,,,,,,,,,,,,~~,~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ i / STUART C. WILSON NOTARY PUSLIC - CALIFORNIA PRlNClPslL OFFICE IN _ SAN DIEGO COUNTY 3 - ULSON .YYIWY,**‘MIIII~~ MY COMMISSION EXPIRES JUNE 1x STATE OF CALIFORNIA COUNTY OF SAN DIEGO l ti.J4? aLAA2 OWNER OWNER ss, before me the unders acknowledged that he/she/they executed the same. WITNESS my hand and official seal. Signature JL.4 . s.- Name (Typed or Printed) . -3- Lawson P. and Lillian G. Martineau Legal Description: Parcel "A" All that portion of Lot 4 (the Southeast Quarter of the Southeast Quarter) of Section 29, Township 12 South% Range 4 West, San Bernar- dino Meridian, in the County of San Diego, State of California, ac- cording to the United States Government Survey approved October 25, 1875, as follows: Beginning at a point in the Southerly line of said Section 29, distant thereon North 89O49' West, 225.97 feet from the Southeast corner of said Section, being the Southwesterly corner of land described in deed to Howard F. Barton et ux, recorded July 3, 1951 in Book 4156, Page 410 of Official Records, said point being hereinafter referred to as Point "A"; thence along the Southerly line of said Section 29, North 89O49'10" West 100.00 feet to a point distant along said South- erly line South 89O49'10" East, 88.23 ,feet from Engineer's Station 196 plus 46.33 on the center line of the Department of Public works' Survey between Encinitas and Oceanside Road XI-SD-2B; thence along a line which is parallel with and distant 80.00 feet Easterly, measured at right angles to the center line of said Survey, North 24O45'30" West, 72.54 feet; thence along a curve to the right having a radius of 6120.00 feet through a central angle of OO39'04" a dis- tance of 69.55 feet; thence North 67O49'56" East 10.01 feet to a point on a 6110.00 foot radius curve, a radial to which bears South 65O53'23" West; thence Northwesterly along the arc of said curve 50.77 feet through a central angle of OO28'34" to THE TRUE POINT OF BEGINNING, a radial to whiich bears South 66"21'57" Westt thence continuing along the arc of said curve 49.35 feet through a central angle of OO27'46" to a point, a radial to which bears South 66'49'43" West; thence North 70°10'OO" East 124.39 feet; thence South 15°17'OO" East 40.54 feet; thence South 65"52'57" West 118.44 feet to THE TRUE POINT. OF BEGINNING. EXHIBIT "A" Sht. 1 of 2 ----___ -._I -. - ._ - - _ in . . . ..-.. -.- _ ._ ----.__ ,.~. Lawson P. and -Lillian G. Martineau +$-. *1 Legal Description: Parcel "B" All that portion of Lot 4 (the Southeast Quarter of the South- east Quarter) of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the United States Government Survey approved October 25, 1875, described as follows: Beginning at a point in the Southerly line of said Section 29, distant thereon North 89O49' West, 225.97 feet from the Southeast corner of said Section, being the Southwesterly corner of land de- scribed in deed to Howard F. Barton et ux, recorded July 3, 1951 in Book 4156, Page 410 of Official Records, said point being herein- after referred to as Point "A"; thence along the Southerly line of said Section 29, North 89O49'10" West 100.00 feet to a point distant along said Southerly line South 89°49'10" East, 88.23 feet from En- gineer's Station 196 plus 46.33 on the center line of the Department of Public Works' Survey between Encinitas and Oceanside Road XI-SD-2B; thence along a line which is pa'rallel with and distant 80.00 feet Easterly,, measured at right angles to the center line of said Survey, North 24d‘45'30" West, 72.54 feet; thence along a curve to the right having a radius of 6120.00 feet through a central angle of O"39'04" a distance of 69.55 feet, thence North 67O49'56" East 10.01 feet to THE TRUE POINT OF BEGINNING, being a point on a 6110.00 foot radius surve, a radial to which bears South 65"53'23" West; thence North- westerly along the arc of said curve 50.77 feet through a central angle of O"28'34" to a point, a radial to which bears South 66O31'57" West; thence North 65O52'57" East 118.44 feet; thence South 15°17'OO" East 55.18; thence South 67O49'56" West 110.24 feet to THE TRUE POINT OF BEGINNING. EXHIBIT "A" Sht. 2 of 2 ’ I c . * c C 8 c 1 ,.;x-.!*I .: - -,__ .. . _ .- .: I - -_. ^ - . . : ‘. 1 -... ” a-. ; -- . . _ .-. - ,- A’ _ --i .- - _- . . g.- z. . d *- . : ..- . . ‘C .r. . ..- ;; - -__.. . _ : , - - LA . -* . . -_ __ - I, 2. 3. Grading and paving of adjacent public right of way tio.its centerline. 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. All construction shall conform to City standards at -time of the work is done. . Exhibit "B" N . \ I ‘\‘\ A-8 A aT. \ I I I ST.. Ehzf 46.33 --L