HomeMy WebLinkAbout; Miller, Lawrence & Blanche; 78268; Future Improvement Agreement/Release. 4. I 1 \ , 7 r
1 . .
1
2
3
4
I- 0
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
RECORDING REQUW-WD BY AND -*
;c!IE?7 RECORD-ED M. d TO 78268
CiTY OF CARLSBAD
1200 Elm Avenue
FILE/PAGE NO.................-.-.--
Carlsbad, California 92008' .
MAIL TAX BILL TO ._ .
Owner Names on Line 7 at
Address Named on Line 8
OCFICIAL RECORDS 8AN OlEGa cilufl?. Etd.lFtMtM~
L .JL QUAY, CwiTY AhEORDlR
LOT SPLIT IMPROVBMENT AGREEMENT
of
OWNER:- M, R m T,- Miller
ADDRESS: p-0. BOX 275. Lemon. So-ta 57638
DATED: $ 1 \ II 9
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
of Page 1 hereof, hereinafter referred to as OWNER, without regard
to number or gender.
COVEETANTS- 6 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, attache
hereto and by this reference incorporated herein.
Upon written demand therefor by CITY, addressed to OWNER at th
address mentioned on Line 8 of Page 1 hereof, OWNER shall
fprthwith, at his sole cost and expense,-prepare plans and -
specifications, approved by CITY, for the construction 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-
/ ’ . .
,‘,‘. y f . . t
1
2
3
4
5
6
7
;. a
9
10
11
12
13
94
15
16
17
1E
1s
2c
21
22
22
24
25
26
27
28
29
30
31
32
‘I
r i
):I
/
,I
/
t!
-
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 ds 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 ) 'se
.
On this a7 TY day of &?g/c , in the year I70 , before
me, STUART C. WILSON, a Notary Public in and for said State,
personally appeared -DAU@ -M* sOx/#g , 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 suhdivision, and
-2-
-
**. .
’ . \ I
=d * -.I, f
1
2
3
4
5
6
8
I’ .
9
10
14
15
16
18
19
20
23. *.. ? #$
* 22 i’“:
i &3 \ P’. : i’ . 39 ,%,, 1
3-l
26
27
1 28
1 29 I I
30
1 31
32
acknowledged to me that such City of Carlsbad, California executed
the same.
WITNESS my hand and official seal. ~-,",* ,(,,,," ,,,,,,,(" ,,,, *,",,,n, ,,,,, "," .,.w, * ,,u, ",,,,,",,,,,,","",,,,",,,~,",~"",~,,,,,lll,,a~l~m"""~
I I STUART C. WILSON 1
a NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN Signature. m c licdbf- -I I \
t
-SAN DIEGO CQUNTT
STUART C. WILSON l,,,ltlllllll"ll"lll,,,,.,,,,,,,,,",,,",~~~~~"~~~~~~-~.~~~~~~~~~~~~" -I
MY COMMISSION EXPIRES JUNE 15,197t
‘... &f &tJwTJ’l 7cj/&$
OWNER
I J.&L -42 cf /??2d%k OWNER
S0UTH DAKOTA OWNER
STATE OF- COUNTY OF SlQQG0%J%%D ss.
PERKItE
On April lst, 1970 before me, the undersigned, a Notary
Public in and for said State, personally appeared Lawrence ~-Miller and Blanche L. Miller , known to me to be the
person/s whose name/s is/are subscribed to the within instrument an< acknowledged that he/she/they executed the same.
WITNESS my hand and official seal. - . . ..***.‘I ,,,,,,
.
2/17/70
EXHIBIT "A"
Legal Description
Future Street Improvement Agreement
Laurence M. & Blanche L. Miller
That portion of Lot 10, Block "G" of Bellavista, Map 2152,
recorded March 7, 1929 in the Office of the County Recorder of
San Diego County, in the City of Carlsbad, County of San Diego,
State of California, more particularly described as follows:
Commencing at the most northerly corner of said Lot 10; Thence
South 63O49'00" East 291.35 feet along the northeasterly line of
said lot to a point 34.00 feet from the centerline of that street
known as Park Drive: Thence South 26°11'OO" West 72.50 feet,
parallel with the centerline of said Park Drive to the TRUE POINT
OF BEGINNING: Thence continuing South 26°11'OO" West 72.36 feet
to a point in the southwesterly line of said Lot 10; Thence
North 63O49'00" West 141.04 feet along said southwesterly line;
Thence North 26°11'OO" East 72.36 feet to a line which bears North
63O49'00" West from the POINT OF BEGINNING; Thence South 63O49'00"
East 141.04 feet to the TRUE POINT OF BEGINNING.
; *-
. L _ . __ -. . . -_. . .-- . ii
- .
cr 3 ., . , :,r’. I3 c >*. h. ’
.+_ _’ .. __ +-
_ :
-
I .‘-
.
. -. -- _
1,
2.
3,
. . :
-.
Grading and paving of adjacent public right of
way t'o- 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.
.
.
.
.
:
-. :’
-
ExhiSit '23"
.
. . r.. - : i . -. I
+ . . - _