The URL can be used to link to this page

Home My WebLink About; Pagnone, John and Joan; 260490; Future Improvement Agreement/Release. . 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 30 '31 32 .-v-e - . . .._.. ..__ _* RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF CARLSBAD l-200 Elm Avenue Carlsbad, California 92008 FILE/PACE t& d*49* G- BOOK i971 3 0 RECORDEOREOUESfOf +asI d =-.-.-- ..w__.__ &. c!W CLEEW Nov 9 ' 2 12 PM ‘71 MAIL TAX BILL TO * Owner Named on Line 7 at Address Named on Line 8 . FUTURE IMPROVEMENT AGREEMENT of. OWNER: John and Joan Pagnone I ADDRESS: 1114 Northwestern Avenue, Hollywood, California 90029 I DATED: /I ;-' 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 tne 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 mutually agreed by the parties hereto as follows: I I 1. CITY hereby approves the Parcel Split No. 155 on Highland Drive between Tamarack and Chinquapin Street. I on that certain real property, warranted by OWNER to be I wholly owned by him, described on Exhibit A, attached hereto and by this reference incorporated herein. Also shown for convenience sake on Attachment A, attached hereto and made a part hereof. 2. CITY does hereby temporarily waive the requirement that OWNER install along the street frontage of said property those certain public improvements listed on Exhibit B, attached hereto and by this reference incorporated herein- .' 3 : Upon written demand therefor by CITY, addressed to OWNER at the address mentioned on Line 8 of page 1 hereof, OWNER shall forthwith, at OWNER's sole cost and expense, prepare plans and specifications, approved by CITY, for the construction -l- I._ . - -- .___. CL! 71-8 . _ _ .,_ ._ .- --._ _ .-. t . ‘3 3 4 c c E ‘i E 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 i3 24 2s 26 -27 28 29 30 31 32 4. 5. 6. of said public improvements in the street frontage of said . property, and shall then forthwith construct said public improvements according to said plans and specifications, to the approval of 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 property, or as to any portion thereof, and the failure by CITY to demand said work as to any of said improvements shall not constitute a waiver by CITY of its continuing right to demand such work in the future. In the event title to said property or a part thereof is sold, the herein stated obligation shall automatically also become the obligation of the new owner. In the event OWNER fails to act as required in paragraph 3 above, after written demand therefor by CITY, CITY may perforn OWNER'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. CITY OF CARLSBAD, A Municipal Corporation of the State of California ~/.&J&,d~ c;c :‘,: * *. a-,* J Mayor L--r--.- ,-' - < , I<") /- STATE OF CALIFORNIA jss , I ._ .‘ COUNTY OF SAN DIEGO ) l j 4.. .;-” ' on this 9 d- &&A--J , in the year /'y/j/ I before me, A i-67 E. /&$J Hs , a Notary Public in and for the State, personally appeared &/d/vi Dd,vMp~ , ' to be Mayor of the City of Carlsbad, Calkfornia, , known to rnc and known to me to be the person who executed the within instrument on behalf of -2- . ..- . . r - _ : . . . - 3 If 12 If 1t 1'1 It l! 2( 2: 2: 2: 2' 21 -2' 21 2! 3( 3: . said public corporation, agency or political subdivision, and acknowledged to me that such City of Carlsbad, California executei the same. WITNESS my hand and official seal. tt N0ii,H1 RJBtlC - L'ALIFo~;\IIA OWNER STATE OF CALIFORNIA )ss - COUNTY OF . On '?%&I lz/'yj , before me, the undersign?, a NFy personally appeared J L7/ R-q&+ known to me to be the person/s whose name/s is/are subscribed to the within instrument and WITNESS my hand and official seal. Name. (Typed or Printed) . ..----1.-.. ----I_ I I , ‘. I 1 1: : .I,c,d, ’ i .*;’ ’ ‘\.:,.” -__.l^--e---^--,-.. .:,. ‘-ic b . :“‘;‘?‘i&) i A ..$A : * ( _.- 1 , , :.; ,lm j . ,... 3.. ? :’ .’ -3- _ . . __ . . I - ’ .I, . ‘; BROWNE & VOGT, ENGINEERING SURVEYOhS, INC. 621 South Santa Fe Avenue, Vista, California 92063 Phone: 726-0920 * . * . . LAND SURVEYS *. OFFICE PHONE: 72B4B20 SUBDIVISIONS OCTOBER 21, 1971 AESIDENCE PHONE: 7286112 . . I t PAGNONE PARCEL A \ . 2; i .i All that portion of Tract 247 of Thum Lands, in the City of.Carlsbad, . County of San Diego, State of California, according to Map thereof No. 1681, on file in the office of the Recorder of said San Diego County, 'Deoember 9, 1915, described as follows: * . Commencing at the intersection of the Easterly prolongation of the center line of Tamarack Avenue, with the Easterly line of Highland Prive as shown on said Map NO. 1681; thence South 28O38'30" East (Record South 28O39' East) along the Easterly line of said Highland Drive, 249.20 feet to the True Point of Beginning; thence.from said True Point of Be- ginning, continuing South 28O38'30" East along- said line, 74.86 feet: thence leaving said line, North 61°22'50"'East 150.60 feet to a point ,-in the Westerly line of Holiday Manor, in the City of Carlsbad, State of California, according to Map thereof No. 5054, on file in the office of the Recorder of said San Diego County: thence North 28O45'30" West, along said.>Westerly line, 74.92 feet to a point that bears North 61O21'30" East from the True Point of Beginning: thence South 61021'30? West 150.45 feet to the True Point of Beginning. v I .i 11,273 Square Feet Net . . .: ,, : . . . . ‘.- . . . , . . EXHIBIT "A" . ’ BROWNE & VOGT, ENGINEERING SURVEYOnS, INC. 621 South Santn Fe Avenue, Vista, California 02063 Phone: 7264920 \ LAND SURVEYS OFFICE PHONE: 726-0920 SUBDIVISIONS OCTOBER 21, 1971 . RESIDENCE PHONE: 726-6112 . PAGNONE PARCEL B All that portion of Tract 247 of Thum Lands, in the City of . Carlsbad, County of San Diego, State of California, accordingto Map thereof No. 1681, on file in the office of the Recorder of said San Diego County, December 9, 1915, described as follows: '. Commencing at the intersection of the Easterly prolongation of the center line of Tamarack Avenue, with the Easterly line of Highland Drive as shown on said Map No. 1681; thence South 28°38'30",. East (Record, South 28039' East) along the Easterly line of said _, Highland Drive, 324.06 feet to the True Point of Beginning; thence from said True Point of Beginning, continuing South 28038'W'. East along said line, 74.86 feet: thence leaving said.line, North . 61°24'10" East 150.75 feet to a point in the westerly line of Holiday Manor in the City of Carlsbad, County of San Diego, State .. of California, according to Map thereof No. 5054, on file in the office of the Recprder of said San Diego County: thence North 28O45'30" West along said Westerly line, 74.92 feet to a point v that bears North 61022850" East from the True Point of Beginning: ._- thence South 61°22t50~~ West 150.60 feet to.the True Point of Be- ginning. ‘: . , . - : 1 ‘i . 1 11,284 SquareFeet Net I I . . . . . . . I , /. . i * . . . . EXHIBIT "A" BROWNE 81 VOGT, ENGINEERING SURVEYORS, INC. : 621 South Santa Fe Avenue, Vista, California 92063 Phone: 72643920 \ LAND SURVEYS SUBDIVISIONS . OCTOBER 21: 1971 .' I I i PAGNONE PARCEL C .\ OFFICE PHONE: 7264X20 RESIDENCE PHONE: 7265112 . . All that portion of Tract 247 of Thum Lands, in the City'of Carlsbad, County of San Diego, State of California, according to a Map thereof No. \ 1681, on file in the office of the Recroder of , said San Diego County, December 9, 1915, described as follows: - '.) Commencing at the intersection of the.Easterly prolongation "iof the center line of Tamarack Avenue, with the Easterly line of : 1 Highland Drive as shown on said Map No. 1681; thence South 28O38'30" East (Record, South 28O39' East) along the Easterly ' : i line of said Highland Drive, 398.92 feet to the True Point of > Beginning: thence from said True Point of Beginning, continuing : South 28O38'30" East along said line, 74.86 feet; thence, leaving : said line, North 61°25'30" East 150.90 feet to a point in the Westerly line of Holiday Manor in the City of Carlsbad, State of California, according to Map thereof No. 5054, on file in the office of the Recorder of said San Diego county; thence North I 28O45'30" West along said Westerly line, 74.92 feet to a point that bears North 61O24'10" East from the True Point of Beginning; . thence South 61024810" West 150.75 feet to the True Point of Beginning. a . . . . . i, 11,296'quare Feet Net . ’ . -’ i l e ' EXHIBIT '"A" . * -. I -, t . . BROWNE 81 VOGT, ENGINEERING SURVEYORS, INC. 621 South Santa Fe Avenue, Vista, California 02063 ?‘&. Phone: 726-0920 \ +$I LAND SURVEYS OFFICE PHONE: 72MB20 SUBDIVISIONS OCTOBER 21, 1971 RESIDENCE PHONE: 7286112 PAGNONE PARCELD - . . . . AU that portion of Tract 247 of Thum Lands, in the City 'of __ Carlsbad, County of San Diego, State of California, according to Map thereof No. 1681, on file in the office of the Recorder of . said San Diego County, December 9, 1915, described as follows.: Commencing at the intersection of the Easterly prolongation of the center line of Tamar?.:;. Avenue, with the Easterly line of , !Highland Drive as shown on said Map No. 1681: thence South .28O38'30" East (Record, South 28O39' East) along the Easterly line of said Highland Drive, 473.78 feet to the True Point of Begin- ning: thence from said True Point of Beginning, continuing South 28O38'30" East along said line, 74.86 feet: thence, leaving said line, North 61°26'50" East 151.05 feet to an angle point in the . . Westerly line of Holiday Manor, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 5054, on file in the office of the Recorder of said San Diego - ' County: thence North 28045'30" West along said line, 74.92 feet . to a point that bears North 61°25'30" East from the True Point of Beginning: thence South 61O25'30" West 150.90 feet to the True . Point of Beginning. ‘;, . . . . . . * . c s 11,307 Square Feet Net .. . . 1. . . .’ . . , 0. i * . .* . ’ . / i . . , EXHIBIT "A" : . . . . . . . l . . .I . # 1. 2. 3. Grading and paving of adjacent public right of way to its centerline except that portion improved to City standards. 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. 4. Dedi-cation of a maximum, of eight (8) feet of additional rdqht of way at such time as the street is neer(o!l for four'(4) lanes of-traffic. I . . . ’ - . ._.""_.,.___ . Exhibit "B" ) .‘, a. . . . . ^ . B-s- PREPARED BY ’ & VOOT L.&NO. ‘Ii ” ‘321S.SantaFe +~@bcA92083 -. L, I .* : .- \ * 81 QC :. ” -1. .‘.- h- ), . ; . . ...2? l”‘.< ;> * ‘. : . ;’ ‘,; 1 . . :a. . : .., L. 1 $, p,1 ‘t I* ; $ ,-; ; * yi-;{. :;$;$ .; .- . / . . . ~ ,*.:..-.; .‘:*,1e. _., ..’ . . . . I * I tj- i ‘-.; ,: 3.. . * ; . Q ’ ,‘,,. ‘,-:I; ,.: ‘.;.... ‘. : ! R- . .’ ,., I, 4 ‘*. +- ; ,. I/ / / I L\‘.., .; ‘. 7 L I ha q :*, .(“.. . : , I =G: .:.:. :.. ,’ : e-e?& 1 e.0 f rvb/mZZ l So”E \ ..;, . ‘0 \ 8 ,, ..PARCEt.’ i 2 4 $ & I:: ’ //,2ztmvr~ { \1 p . Lc N6/2?4’/0-& &ii 7fl + /i9z?If ‘r” /( Q 4 k PARCEL C // 296”h’i’iI &. *: ) ,.. h4+4~2~*30”~ g 9 #? Y’ \ ’ I.1 ‘F’ . . . . . .s ..y-- ‘is PARCEL 01 +l’ / #?tL --- 4 a M”WiER&6486 r uoLuuAw dw+w a-de I ~~N450.54 - - , I ., I , l I