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Home My WebLink About; Pace, J. Blair and Evelyn; 89990; Future Improvement Agreement/Release. 1 2 3 4 5 6 7 8 9 10 31 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 AGREEMENT AT.: ?&A ._.. .r. INUTES q IVW _____ -0.s; __ SERIES 5 mS)K 1064 ofmiu RECORDS .~~O~~~~~~~~~~ NO tf PARTIES: The parties to this agreement are the CITY OF CARLSBAD, CALIFORNIA, a municipal corporation, hereinafter referred to as CITY, and J. BLAIR PACE and EVELYN B, PACE, hereinafter referred to as OWNER, 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 as: All that portion of Lot I Ranch0 Agua Hedionda according to Map thereof No. 823, filed in the office of the County Recorder of San Diego County, State of California, described as follows: Beginning at the Southeast corner of Lot 14 of Carlsbad Highlands Map No. 2647, thence North 9” 51* East 170.42 feet along the Easterly line of said Lot 14 to the Southeast corner of Lot 13, Carlsbad Highlands Map No. 2647; thence North 29” 21’ 10” West 176. 62 feet along the Easterly line of said Lot 13 to the Northeast corner of said Lot 13; thence North 48” 29* 16” East 178.79 feet to the Southwest corner of Lot 9, Carlsbad Highlands Map No. 2647; thence South 89” 55’ 30” East 307. 87 feet (Rec. S 89” 49* E 307. 34 feet) to the Southeast corner of said Lot 9, a point in the Westerly Right-of-Way line of El Camino Real, according to Road Survey No. 682; thence South 25O 51’ 50” East (Rec. S 25’ 29* E) 395.10 feet along the Westerly Right-of-Way line of said El Camino Real; thence North 64” 08’ 10” East 10.00 feet to the beginning of a tangent 1030 foot radius curve concave Easterly; thence Southeasterly along the arc of said curve 161. 79 feet through a central angle of 9” OO* 00” to a point; thence South 34O 51’ 50’ East (Rec. S 34” 34* E) along said Westerly Right-of-Way line 57.47 feet to a point; thence North 81” 49* West 687.23feet to the TRUE POINT OF BEGINNING. 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 sidewalks abutting all street frontages of PROPERTY, and the Planting of street trees or the putting up of a deposit for their future pldnting. C. Installation of certain of said improvements at this time would be impracticable. - .- _--..-.--.-~.-.- .._.... -._ .._ ..-.. -.--._.” _._... --.-- -- -__II ____-___- _ -__ .._--.. _... .., . _ _ - .._ - I _ -. I-- .-...- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 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: (1) Grading and paving of adjacent streets and public ways to their center lines. (2) Installation of concrete curbs, gutters and sidewalks abutting all street frontages of PROPERTY. (3) Planting of street trees or the putting up of a deposit for their future planting. B. OWNER agrees to join in and cooperate fully 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. OWNER 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, CITY may cause said improvements to be in- stalled 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 assigns of OWNER, shall run with property, and shall create an equitable servitude upon PROPERTY. DATED&-&&! d, ) ?a. CITY OF CARLSBAD Mayor of the City of Carlsbad ATTEST: 1 2 3 4 5 6 7 <.,\O.$ i . 9 ':,$A 'ill., ( 1; 13 14 15 16 17 18 19 20 21 28 29 30 31 32 STATE OF CALIFORNIA: COUNTY OF SAN DIEGO: SS, CITY OF CARLSBAD : On ,-$,0!+ Jr& 1963, before the undersigned, a Notary Public@ and for said C6unty and State, personally appeared, WILLIAM G. GUEVARA, known to me to be the Mayor, and J. H. Price, known to me to be the City Clerk of the City of Carlsbad, a municipal corporation, that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the City of Carlsbad therein named, and acknowledged to me that such municipal corporation executed the within instrument pur- suant to its motion duly adopted and passed on the 21st day of May, 1963. ‘I*;, \~:,;%$$N,ESS my hand and official seal. . . ‘T., nty and State. kvgarct E. Adams. Notary Public My ccmn:i;~im expires January 23, 1966 STATE OF CALIFORNIA: COUNTY OF SAN DIEGO: CITY OF CARLSBAD : 1963, before me, the undersigned, and for said County and State, personally appeared nd EVELYN B, PACE, known to me to be the :persons whose names are subscribed to the within instrument, and “‘&cknowledged that they executed the same. “‘%,,, .:;.::yf@~ESS my hand and official seal. krc2w E ndT 4 cc;::,,,:,. ., / JV?. Notary public >‘“(I w:c; Janualy 23, 1966 -3- l - _ . . _r_. . ..+ r;.*‘*L,.i-.* .y .I ,_ ~ - . *. 2 r ‘,, < :. , :. l . 8. , ’ -DONALD H. HOLLY LICENSED LAND SURVEYOR ‘, 4 2499 c /s; .- STREET ‘ CARLSB:?.: ,’ LIFORNIA - -. PArkway 9.4546 ‘4: ‘,b . c 7 1 ? -I -., _. 1AN:~ > LEGAL o..- -7'. ; 4 c ‘706 May '7, 1963 LEGAL DXKRIPTION Dr. J. Blair Pace Property pA;+----L iii;>* 1 Xl.1 that prtion or Lot I Ranch0 Agua Hcdionda according to Ma,p thereof iL’3. 823, filed in the Office of the County Recorder of Sari 3;jieg.o Zounty, State 13f California, described as follows: Beginning at the Southeast corner of Lot 14 of Carlibad Highland@ b’ap No . 2647, thence South 81' 49' East 315.70 feet,to the TRu]s i-'91:rr :J! 27 ; I, T '.l- 'ING; thence North 7' 32' 38" 'Nest 133.59. thenoe North 754me;~:“P4~v East 233.14 feet to a point In the Wekerly Right of ‘,-/~,y Line of Xl Camino Real according to R.oad Survey 30 . 6E2; thence Southerly along said Wcstcrly Rlght of Tap of El Sanina Real South 25' 51' 50" East(Rccord S 25' e9' E) a dirt- ante of 26.75 feet; thence North 64’ 08’ 10”East 10.00 feet to the bqinning of a tangent 1030 foot radius curve concave X588$- crly; thence Southcaste?ly along the brc of said curye 161.79 feet throu,?? a Central Angle of 9’00’ 00” to a point; thence South 34' 51' 50" East (Ret S 24' 34' E) along said Westerly 9i.7tlt .Tf ‘J&v 57.47 feet to a point; thence North 91@ 49' West 3 7 1 .%3 fe?t' to the TWX 1 SI!\i’T SE’ ZX,SIX<ING. OQDtains 1.39 Acres * . . . MAPS* , SURVEYS I I ,* ., * . 0. .t - DONALD H. HOLLY a, LICENSED LANK SURVEYOR / 2499 /STATE STREET CARLSBAD, CALIFORNIA I PArkwoy 9-4546 ! I -,!.,-i% +JD PLAWJ ‘.” ,, ’ 4 *‘: ” ‘UC+1 ~DESCRlrtlONS /’ ‘TO’7 I May 7, 1963 Dr. J. Blair Pace Property ;‘AR",dL ,<C. 2 LEGAL DESCRIPTION 811 that portion of Lot I Ranoho Agua Hadionda according to Map thereof No. 823, filed In tha,Offlco of the county Recorder 0r San Diego Zounty, State of California, described as follors: Beginning at the Southeast corner of Lot 14 of CarlsbaU Highland8 IZap No, 2647, thence South 81' 49' East 315.70 feet; thence North 7' 32' 38" West 153.59 feet; thence North 76' 18’ 44” Baot 233.14 feet to a point in the Westerly Right of Way Line of El Camino Real accordiig to Road Survty No. 682; thence Northerly along said Yesterly'Right of Yay line of El Camino Real North 25' 51' 50" Yost (RqcN25* 29.W) a distance of 148.35 feet; thence South 79' 33' 13" Yest 457.89 ieet,to a point In the Easterly line of Lot 13 of Ca:rlsbed Highlands Map No. 2647; thence Southerly along said Easterly .llne of Lot 13: South 29' 21' 10" East 51.68 feet to the Northeast corner of agid Lot 14; thence South 9' 51' Test along the Easterly line of said Lot 14 170.42 feet to the POI?JT OF EEGIXUNG. t Sontains 2.39 Acres . -- _.- --.-. _~__ . l ,: - I . ” !I - A LAND PlANNlNG LEGAL DESCRIPTIONS 1 . . DONALD H. HOLLY ~ LICENSED LAND SURVEYOR 2499 STATE STREET CARLSBAD, CALIFORNIA ‘; 08 PArkway 9-4546 Yay 7, 1963 Ijr. J. Elair Face YropertI: PARCEL N3. 3 LEGAL DESCXPTION All that portion of Lot I T-iancho Agua Fedionda according to Yap thereof .\!o. e23 tiled in the Gffice of the Zounty Recorder of San :]icec: :omty, State ,nf California, described as follows: Ee:Tinninq at the :outteast corner of Lot 1S of Carlsbad Elghlands .accordin,: to * ap t;-.czor :;o. 2647; thence Horthaesterly along the Zasterl:: line of said lot 13 Korth 29' 21' 10" Test a dist- ance of &1.6? feet to the 'TsXti i'-O;XT GF SEfIX.ING; thence North 79O 33' 13" East 457.89 feet to a point in the 7desterly Right of .':'ay line of El Camino Heal according to Hoad Survey -lo, 682; theccc ;;orthaesterly along said Iesterly Xght of Tay line of El Ca;sino Real ;:orth 25O 51' $0" Vest (Ret X25' 29' !V)a distance of 160.00 feet to the Southeast corner of Lot 9 of Carlsbad highlands :..a~ Xo. 2647; thence Westerly along the Southerly line of said Lot 9 Xorth 89' 55' 30R West 307.87 feet (Ret N 89' 49'W 307.34 feet) to’ the Southwest corner of said Lot 9; thence South 48' 29' 16" West 178.79 feet to the Northeast corner of said Lot 13; thence Southeasterly along the Easterly line of said Lot 13 ,:outh 29O 21' 10" East 124.94 feet to the TRUE FOIST 3' 3ESI:,iTNG. Contains 1.E7 Acres --