HomeMy WebLinkAbout; St. Clair, John and Mabel; 116300; Future Improvement Agreement/ReleaseL- .
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(f,Jt)L 181966 0
OFFICIAL RECORDS SAN DIEGO COUNTY, CALIFORNIA A.S.GRAY,COUNTY RECORDER
AGREEMENT
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PARTIES: The parties to this agreement are the CITY OF CARLSBAD,
CALIFORNIA, a municipal corporation, hereinafter referred to as CITY, and
JOHN B. ST. CLAIR and
MABFI I . ST. Cl AIR , 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 in Exhibit “A”,
attached hereto and by this reference incorporated herein.
(b) As a c on 1 ion to such approval of said requested lot split, said d’t’
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 side-
walks abutting all street frontages of PROPERTY, and the planting of street
trees or putting up of a deposit for their future planting.
(c) Installation of certain of said improvements at this time would be
impractical.
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 PROPERT
1. Clearing, grubbing, grading and paving with
chip seal on imported base material to the
center line of Knowles Avenue.
2. The installation of concrete curb, gutter
and sidewalk.
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(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
installed and OWNER shall pay the cost thereof to CITY.
(d) OWNER h ereby 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:
CITY OF CARLSBAD
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Mayor of the City of Carlsbad, Carlsbad, California
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Owner
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TO 447 c
(InZividuaI)
STATE OF CALIFORNIA
San Diego COUNTY OF > ss.
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On Jul y 8. 1966 before me, the undersigned, a Notary PubIic in and for said
State, personally appeared John B. St. Clair and Mabel L. St. Clair
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ii , known to me
;s to be the person s whose names are subscribed
m to the within instrument and acknowledged that executed the same. they -~mnnnnnnnnnnnr*m”,“~“~,,,.,“,~,,,,,,,,,,,, 1,11,111s.*11*1. ,..I 1111~11,11111110, “11*(,111 ,lO ~
STUART C. WKSON t NO-fj’,::y :” ,. . $.LlF~RNjA ;
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SAN L;i&Q G$jcJTy f IIIII/1I~I”,“I”I”,,,,,~,~ z STUART C. WILSON UUUUULYYIYUUU3U-IIMI.I oDIypuIuN"wIyuuuywy*IuI*
Name (Typed or Printed)
(This maa icw Miaial notarial real)
TO 449 c
(Corporation) 0 TI
STATE OF CALIFORNIA
s;j!j
. San Diego ss.
COUNTY OF
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On July 12, 1966 before me, the undersigned, a Notary Public in and for said . State, personally appeared ---u&r
w known to me to be the
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Maynr )k’XdG&&, and .--&x&LxP~~:
known to me to be City Clerk s&&s* f h o t e corporation that executed the within Instrument,
5 known to me to be the persons who executed the within 2 Instrument on behalf of the corporation therein named, and ‘1 ““““““““““‘,,~.,,~‘,,,‘,‘,‘,,,,,’,,,,,,,,,,,,, ~IIII/IIII/,1II1IIII,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,
acknowledged to me that such corporation executed the within 2 .mhmS c. WILSON 1
m mstrnment pursuant to its by-laws or a resolution of its board of directors. I::iJi>t.;]‘t’ piJJ!~:(; CALIFORNIA [
WITNESS my ha f-i~:?dcfi’,‘.L OFFICE ,N :
SAl’l UltGO COUNT)’ I
Signature i”“,~~-~‘~‘,~r~~~~‘~~~~~,~‘~~~~‘,~,~~~~”~l~~I~l~~~~~,,,~,,~~,~,,~,,,~ 1,111, ‘ 1,,1,,,,,,,,, m ,,,,,,,,,,,,,,,,,,, I,(,x ,,,,,,,,,),,,, (,,, 3
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STUART C. WIISON
Name (Typed or Printed)
(This area for ottieid netarid mal)
EXHIBIT A
PARCEL "A"
ENGINEER'S DESCRIPTION
ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED OCTOBER 25, 1875, BOUNDED BY A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF TRACT 117, OF CARLSBAD LANDS, ACCORDING TO MAP THEREOF No. 1661, RECORDS OF SAID COUNTY; THENCE NORTH 89 O 57' WEST752.06 FEET; THENCE NORTH 0" 55' WEST 661.52 FEET; THENCE NORTH 89" 42' 15" EAST 60.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINU- ING ALONG SAID LAST MENTIONED COURSE NORTH 89" 42' 15" EAST 60.51 FEET; THENCE SOUTH 0" 55' EAST 170.15 FEET; THENCE SOUTH 89" 52' 38" WEST 60.50 FEET; THENCE NORTH 0" 55' WEST 169.96 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THE NORTHERLY 30.00 FEET.
CONTAINING THEREIN 8474 SQUARE FEET.