HomeMy WebLinkAbout; Rhodes, Theodore and Edith; 94631; Future Improvement Agreement/Release.
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C: I < CLERK’S
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II; PARTIES: The parties to this agreement are the City of Carlsbad,
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17 COVENANTS: It is mutually agreed by the parties hereto as follows:
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RECORDING RF -'ESTED BY AND
WHEN RECORDEL/ MAIL TO
CITY OF CARLSBAD 1200 Elm Avenue
Carlsbad, California 92008
MAIL TAX BILL TO
Owner Names on Line 7 at
Address Named on Line 8
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34631 23$
.WIPAGE NOi*.‘I~~U‘...~-Y~Z
_ _ -NO FEE
LOT SPLIT IMPROVEMENT AGREEMENT
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OWNER: Theodore L. Rhodes and Edith M. Rhodes
ADDRESS: 120 Ellery Street, Oceanside, California 92054
DATED: May 11. 1970
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.
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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
address mentioned on Line 8 of Page 1 hereof, OWNER shall
forthwith, . 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
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.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.
,' . 8 4. In the event title to one or more of said lots is sold, the
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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
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.therefor, reimburse to CITY its costs therefor.
This agreement shall be binding upon and inure to the benefit
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CITY. The demand by CITY mentioned in this paragraph may, at . _ .
CITY's sole discretion, demand said work as to all said
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
STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) "*
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On this z.Twday of MA-c/ , in the year /f?D-, before
me, STUART C. WILSON, a Notary gublic in and for said State,
personally appeared D&J' ID u bn/NE , 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
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acknowledged to me that such City
the same. .
WITNESS my hand and official seal
STUART C, WILSON
f Carlsbad, California exe cuted
-,” ,,,,,,,,,,,,,, u ,,,,, w,,“l”l* ,,,,.1 Iy 111111111~111111 ~~,~“~~~“~~ll~n~lln.l~~“~~“~“‘~‘”~~’~”””’~
STUART C. vW.SON $
NOTARY PUBLIC - CALIFORNIA i
PRINCIP?L OFFICE IN q 1
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SAN u\tLO GUUNTY J "I",","IIIIII"IIIIIIUIIUltlYII(IM*UUIII ,~,,l,,ll,,l.ll,,ll,IIIIIII(IIIIIIIIIIuI
MY COMMlSfjlON EXPIRES JUNE 15 I9 7 z
STATE OF CALIFORNIA COUNTY OF SAN DIEGO
OWNER
OWNER
ss.
On *, &c/ //, /L(j70 before me, the undersigned, a Notary
Public in &d for said State "(i &NJ, Z&'c j 9 g;'( L/f'/=. @T./p &' ersonally appeare '& &x4 &z-&h 4 / , b-2 LI-XL)dQe /' -
, known to me to be the
person/s whose name/s +/are subscribed to the within instrument and acknowledged that he/she/they executed the same.
WITNESS my hand and official seal.
Signatur
6Wi-Y KENNEDY, Notary Public
Name (TypedM
t!;: PJCi>P,L fJ;;:ICE IN
SAN DIEGO COUNTY I -
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PMCEZ NO. 2
DESCRIPTION ---
THOSE ?ORTIC!NS OF LOTS 13, 11, 9, IN BLOCK Y3" OF THE ZXXJBDIVISION OFA PCRTION ALL3 AVOCADO ACRES, IN THE CITY CF CARLSMD, COUXTY OF SAN DIEGO, STAm CP CALIXmnA, ACCORDING TO &W THX%OF MO, 2027, PILED IN T13 OFFICE OF THE ,XZXOiRD~R OF SAID CSUNTY D~SCX!33~ AS FCLLC:JS:
BEGINW3fG AT THX XOST SOUTI~ASTZRTX CORNER OF SAID LOT 13; Tm;:JCL &OBG 'ija f~O~'-j'i~;?S'jJ~~&~ LIME TBzzEcF NO?'lH 28 o 39 1
:-JEST 136.00 FZ5T TO TII3 TRUIG ~TCIJ~T C!F 3EGIHllIW; THENC6 CO%TIWING ALOHG SXtD LAST $f-&]J ,r 10 I,@jj---(j($~T~S‘~ ? \ LJ~2m~~ 28 o 39 1 WEST l.49.48 FZZT TO THZ NCI3THZAST%I.,Y Cc;,RHzR OF SAID LOT 13; '-j'm>JCE fioN@ TIE J$c~T'I'$I"';;‘L;‘ s cla,,,,sLY LIXE OF SAID LOT 13 SCUTH 61" 21’ X.ZST 21$&O P3ZT TO A POINT ON THE ARC OF A 9970 FOOT RADIUS CURVE CGNCAVZ NCRTHZAS:i'~:RLY, SAID CU-;IVZ 3ZJNG TK3 NORTHWSTZRLY RIGIIT OF liiAY LINE OF C,4LIPO-RNIA 3T.4'12 HIGH:J'AY Xl-SD-i;; TZ<J%TCZ 30UTHEASTXLY IZLOXG SAID CURVX 230.75 iFEB' THRCUGH AN ANGLE OF I" 19' .jQ." (RSCORD 1 o 19' 425 231.l.4. FEET); THL'~$CE SCUTH 46 o 53 1 03" ZXST 58.29 FS3T (FGXOiW SOUTH 46"191 58" Z:rZST, 57.91~FE3T); ml$qCX NCRTH 61" 21' XAST
45.03 FZZT; THZ7NCE 3ORTH 28" 39’ 'GST 130.00 E.jT; TH3TCE NORTH 61" 21' EuT '&oo FJ?dT; T'ifmNCic NORTH ;?a0 39’ ;;rZST 6.00 FEET; TiXZNCZ NORTH 61 "21 1 EAST 1,7&99 F3T TO THEi TRUE POINT OF BEGIXJING. --.e- - -. ."-a-
CONTAINING THERXIX 45,920 SQUARZ FZT.
Exhibit "A"
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Grading and paving of adjacent public right of >Q, --& I 'J 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.
Exhibit "B"