HomeMy WebLinkAbout; Smerdu; 12467; Future Improvement Agreement/Release:
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CITY OF CARL:-\D 1200 Elm Avenue
Carlsbad, California 92008‘
MAXL'TAX BILL TO
Owner Names on Line 7 at
Address Named on Line 8
FILEIhGE NO 112467 %
. -......8. . . . . . . . . . . . . S...“..P
17 ~JAN211971
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AT . . . . . . . . ._ MINUTES PAST Ofmxu. RECORDS
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SAN DIEGO CXJNTY, CALIF RNIA HARLEY F. EXOOM:RECDRDER wo Ff
LOT SPLIT IMPROVEMENT AGREEMENT (PS-228) Washington St. * of
OWNER: Joe Smerdu ,
ADDRESS: .362 Walnut Avenue, Carlsbad, California
DATED: Ta’2.l 7, ,?7/’ / 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 the person or persons mentioned- on Line 7
of Page 1 hereof, hereinafter referred to as OWNER, without regard
to number or gender.
COVFINANTS : It is mutually agreed by the parties hereto as follows:
1. 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 Exhilbit
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, attachel .
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
f?rthwith, at his sole cost and expense, prepare plans and t
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
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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
improvements on all said lots, or as to any portion thereof .- _ -..-:.- _.. - -.
and &s 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
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continuing right to demand such work in the future.
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.
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
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
' Mayor , . I
STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) '? . . -
.
On this -?a day of rm , in the year /?7/ , before
me, STUART C. WILSON, a Notary Public in and for said State,
personally appeared .z)k!+y/s hf. ./,L/IyNfy;. k nown 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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Signatur
RT C, WILSON
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STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss.
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3cknowledged ko me that such City of,Carlsbad, California exe&ted
the same. . _ - . _ - . _ __- _-._ ---
UTNESS my hand and-official seal. I , ,,,,,,,'lll,,llbl ;Il~illdllU. - . II I - . I""""""""""' , II I , ,,,c ,,,, Iolll"llllllllcl ,/ ,,,,,,~,,,,,, I ,.,,,,,,, ;.i,,i.l.il,i,lilllIllli(llill * '. STUART c W,LSON i
NOTARY f'uBLlC CALIFORNIA ;
.j PRINCIP.‘.L OFFICE IN ; __. '. .
3. SAN "ItGOhNTY. =
-A !~,,,,,,.,~,,,,.,"~~",,,~,~,~~~~~~~"~~I~~~~~~~~~
MY COMMISSION EXPIRES JUNE 15,197 L
OWNER
OWNER
3n iC~&,fiA~A6~ 2 ;/p 7/ before me, the undersigned, a Notary
personally appeared
, known to me to be the
person/#whose name/p is/= subscribed to the within instrument ani acknowledged that he/she/they executed the same.
WITNESS my hand and official seal.
NfARGARET E. ADAh!’ h 3irw PUDLIC - L‘AJJ&&!,*
Ui’fICIAl SEAL
'SsKV'J SW DIES0 I:OZii(f
EXPIRES FEBQUARy 15- 15j4
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PARCEL SPLIT #128 .
LEGAL DESCRIPTION
,’ .c ‘U-9 J- 1, ,, t
Parcel 2
Tract 223 of Thum Lands, in the City of Carlsbad,
County of San Diego, State of California, according
to Map thereof No. 1681, filed in the Office of the
'County Recorder of San Diego County, December 9,
1915. _
Excepting the Northeasterly 100.00 feet of the Southeasterly feet of Tract 223 of Thum Lands, . in the City of Carlsbad, County of San Diego, State
of California, according to Map thereof No. 1681,
filed in the Office of the County Recorder of San
Diego County, December 9, 1915.
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Exhibit "A"
11-24-70
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. . . -a . - , - .x7- .
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1.
2,
3.
All
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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.
construction shall conform to City standards at
time of the work is done.
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Exhibit "B"