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HomeMy WebLinkAbout; Smerdu; 12467; Future Improvement Agreement/Release: f 2 3 _ - 9 .I0 11 12 13 21 22 23 25 26 27 28 29 30 31 52 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 9% , AT . . . . . . . . ._ MINUTES PAST Ofmxu. RECORDS I . . . . ..a..- 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 1 _ 2 _. -. 3 4 5 6 7 .‘- 8 9 10 II: 12 13 14 15 16 . 17 18 19 20 21 22 23 23 25 26 27 28 29 30 31 32 ~------“-----u 4. 5, 6. . . - . . . . 8 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 -2.” . 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 1 . 8 . . 1 2 3 4 5 6 7 8 i * 9 10 11 12 13 14 15 1c . 17 II? 19 20 21 . 2; 2: 24 2: 2E 27 2E 29 3c 31 3: _ . Signatur RT C, WILSON . _- STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. .*. -. /’ _ .- qe. + 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 -L* -. - L l . * \ ’ . I , d. . l 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. . . Exhibit "A" 11-24-70 . . . . . -a . - , - .x7- . . 1. 2, 3. All I 1 4 “.._ .I. _ L.j _ .- . 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. -.-. -... “. . __._ ._ _ Exhibit "B"