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Home My WebLink About; Murillo, Victor and Erminia; 146395; Future Improvement Agreement/Release. _ 4. ,*.. When recorded, mail to: City Clerk, City of Carlsbad ' < 1200 Elm A*-lue . l Carlsbad, California 92008 A. C R 12 E WI F ?S T __-__-.-. -.- _.____.- . -7 a$& PARTIES: The parties to this agreement are the CIT.Y OF CARJZSAD, CALlFOlt-tNIA, a municipal corporation, hereinafter referred to :IS CITY, and & ERMINIA VI.CTor? PlI!r?I I,l.,O MURILLO -> hereinafter referred to as C%‘NZR, without regard to number or gender. RECITALS: This agreement, executed in duplicate, a copy of which has been received by each party hereto, is made with reference to the following facts: (a) OWNER has requested CITY, pursuant to Carlsbad City Ordinance No. 9050, Section 500, as amended, to split his certain real property, herein- after referred to as PROPERTY, located in the City of Carlsbad, County of San Diego, State of California, more particularly described in Exhibit “A”, attached hereto and by this reference incorporated herein. (b) As a condition to such approval of said requested lot split, said ordinance requires that OWNER be required to construct certain improvements, including but not limited to grading and paving of adjacent streets and public ways to their center lines, installation of concrete curbs, gutters and side- walks abutting all street frontages of PRGPPERTY, and the planting of street trees or putting up of a deposit for their future planting. (c) Installation of certain of said improvements at this time would be impractical. COVENANTS: NOW, THEREFORE, it is mutually agreed as follows: (a) CITY agrees, and does hereby approve OWNER’S proposed lot split and does hereby temporarily waive the requirement that OWNER install the following listed improvements along the public street frontage of PROPERTY Grading ant! pavinE of adjacent streets and public \~ays to their center lines, installation of concrete curbs, gt:tters ancl side\%lall<s abutting all street frontages of PIIOPT:P\T’r’, and the tllanting of street trees or the putting L:;.. of 3 deposit for tlieir future plant iny:, hG 23 II 34 AM'68 SERIES 9DOUK1968 OFFICIAL RECORDS SAN OlEGOCOUNTYt CALIF. A.S.GRAY,RECORDER ~0 FEE . ^ A* 0.. . . . - ;L (b) O\YNE R agrees t0 join in and Cooperate ful.ly with any proposed improvement, improvement district, or other proceeding hereinafter instituted for the purpose of causing the installation of any or all of said improvements. (c) GWNER agrees to install and pay for any and all of said listed improvements upon written notice so to do from CITY. In the event OWNER fails to install and pay for said improvements when required to do so hereunder, CI’I’Y may cause said improve-merits to be installed and OWNER shall pay the cost thereof to CITY. (d) OWNER hereby grants to CITY a lien on property to secure the performance of each and all of his agreements hereunder. (e) This agreement shall be binding on and against the successors or . asslgns of OWNER, shall run with property,, and shall create an equitable servitude upon PI’LOPER’I’Y. DATED: /p6m-- ~pa$ CITY OF CARLSEAD Mayor of the City of Carlsbad, Carlsbad, California A’I’TEST: b .>’ ‘: .e ~* a. TO 447 c (Individual) STATE OF CALIFORNIA COUNTY OF sfw Du%o > ta On ~ before me, the undersigned, a Notary Public in and for said I?! MiJRILCO a FRl5fflvlA 2 , s z2 9 g)Y to be the person L whose name ARE Ih subscribed to the within instrument and acknowledged thatT#%E )f executed the same. WITNESS my hand and official seal. \ , known to me d 2 9; c, WlC5on/ Name (Typed or Printed) STATE OF C:/!I,IF~RNIA ) CCIUNTY c1T: SAN ~Ir(;p > ss. SAN DIEGO COUNTY ,.$..‘.! .<.. . . ;>-: ‘. : i. “‘,‘;.r*yG;jJ MY CGM”l?l;ll”,;~Jl iXi~ll?ES JUNE 15, 1972 (This area for olllcid notarial real) in tllc: year 1968 n No: ary l’ul~lic’in T)A1rIn ‘1. I)IJN?!I: 11~2 the ?!avor and ‘,ersolls wl)lo cxecllt,et] ii I T.‘J r: s s ny Iland and official seal Signature : STl:i’RT C. I;1 J,SC”d ST1lb.T:“’ C. WILSON MY COMMlSslON EXPIRES JUNE 15,@L ,_,.*’ E. BRIAN SMITH, ENGINEERS T C’ *. CONSULTING CIVIL ENGINEERS 528 SOUTH HILL STREET . 6CEANSIDE. CALIFORNIA 92054 . PHONE 722.2126 PARCEL NO. 1 .’ That portion of Lot 4 of Wilsonia Tract, in the City of Carlsbad, County , of San Diego, State of California, according to Map thereof No. 2169, filed in the office of the County Recorder of San Diego County, August 13, 1929, described as follows: Beginning at the most Northerly corner of Lot 4; thence South 34”33’00” East 100 feet along the Northeasterly line of said Lot .4;: thence South 55” 27’00” West 175. 00 feet; thence North 34”33’00” West 100. 00 feet to the Northerly line of said Lot 4; thence North 55”27’00” East along said Northerly line 175.00 feet to the TRUE POINT OF BEGINNING. Excepting from said parcel described above the NortheasterLy.lO.‘OO feet. E. BRIAN SMITH ENGINEERS 7-16-68 2-2804 : EBS *:,. .(. ., I / . . ,. . .( - *.: . : E>ctttwf : A, ?hro~ ,I ,.,- 5: - . .- - ‘ I ‘3’ l m b l ,. . ^ . . *. i L: BRIAN SMITH, ENGINEERS ’ ,A / CONSULTING CIVIL ENGINEERS *I” 528 SOUTH HILL STREET . OCEANSIDE. CALIFORN1K QiO54 l PHONE 722-2126 PARCEL NO. 2 . That portion of Lot 4 of Wilsonia Tract, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2169, filed in the office of the County Recorder of San Diego County, August 13, 1929, described as follows: , Beginning at the most Westerly corner of said .Lot 4, thence North 47”OO;’ East along the Northwesterly line of said Lot 4, 318. 02 feet to the North- easterly corner of land described in deed to Claud’R. Helton, et ux, dated April 26, 1943 and recorded May 14, 1943 in Book 149.7 page 255 of Official Records, the true point of beginning; thence North 47”OO’ East along said Northwesterly line 84.16 feet (Deed 84.15) to an angle point thereon; thence North 55”27’ East 141. 64 feet; thence South 34”33’00” East 100. 00 feet; thence North 55”27’00” East 175. 00 feet to the Northeasterly line of said lot,; thence South 34”33’00” East, 100.68 feet along the Northeasterly line of said lot to a point; thence South 55”27’ West 400. 75 feet (Deed 400. 58 feet) to a line intersected by the Northwesterly prolongation of the North- -_ easterly line of Lot 3 of said Wilsonia Tract; thence North 34”17’35” West, 188.44 feet (Deed North 34”26’ West 188. 29 feet) along said Northwester- ly proIongation of said Northeasterly line of Lot 3 to the TRUE POINT OF BEGINNING. Excepting from said parcel desc.ribed above the Northeasterly 10. 00 feet. E. BRIAN SMITH ENGINEERS 7-16 -68 2-2804 EBS !. . , . 1 4, . :. . E%t+iBif A pkE z cj : J i > ,: , ____-.