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HomeMy WebLinkAbout; Vanderburg, Otis and Christine; 112204; Future Improvement Agreement/ReleaseRECORDING REQTS-:.yTED BY AND WHEN RECORDEL'.- ., TO CITY OF CARLSBAD 81200 Elm Avenue parlsbad, California 92008 / P IL TAX BILL TO wner Names on Line 7 at ddress Named on Line 8 1 2 3 -$'.;. JK.-?~AP(~LQ PAST<. _. __.... ..I i ; dZ" ,-A p y "' %RIES ItI BOOK 1969 (#(FaWL RZCOMOY OAIl 8lEtXJ UWNTY. CAlXFDFtNIA A. 5. GRA::.. 'XMNT'b iEC3RDE2 t?Q ?* LOT SPLIT IMPROVEMENT AGREEMENT 6 of 7 OWNER: 8 ADDRESS: 9 DATED: 10 11 PARTIES: The parties to this agreement are the City of Carlsbad, 12 A Municipal Corporation, hereinafter referred to as CITY; and Otis 13 E. Vanderburg and Christine Vanderburg, husband and wife, herei.n- 14 after jointly referred to as VANDERBURG. 15 PECITALS: This agreement is made with reference to the following 16 facts: 17 1. VANDERBURG is the owner of certain real property located within 18 the City of Carlsbad, County of San Diego, State of California, 19: more Particularly described on Exhibit A, attached hereto and by 2O I this reference incorporated herein. Said real property is 21 hereinafter referred to as PROPERTY. 22.12. WINDERBURG has requested CITY approval of a lot split splitting 23' PROPERTY from a larger portion of real property. 24 13. CITY'S ordinances require that full street improvements be 25 installed along street frontages as a condition to approval of 26 lot splits. ,27 4. There will be installed along the street frontage of the said 1,COVENANTS: Now, therefore, it is mutually agreed between the 4!P I 21 parties hereto as follows: 311. CITY shall allow VANDERBURG's said lot split, which creates 4 PROPERTY as a separate lot. 5 2. CITY hereby grants conditional exception to VANDERBURG from 811 the requirements of installing full street improvements along 7 11 the frontage of PROPERTY at this time. 8'13. VANDERBURG agrees that he will cause to be installed along the gl street frontage of PROPERTY being developed, immediately behind 10 ~ the back of curb, a five foot wide four inch P.C.C. sidewalk 11) improvement, according to CITY's standard specifications and to 121 II the satisfaction of CITY, as a condition precedent to the 1 1311 granting to VANDERBURG of a building permit for all or any i 14 /I portion of PROPERTY. l!j ~'4 . CITY shall not be required to issue such a building permit to 16 1) VANDERBURG unless and until VANDERBURG has installed such I/ 17 /I sidewalk improvement or has become legally obligated to do so 1811 upon such terms as will insure the performance of his 19 ~ obligation, to the satisfaction of CITY. 2@5. It is understood that VANDERBURG may request future conditional 21 exceptions to the installation of the full improvement for the 22 ‘1 full length of PROPERTY, in the event he develops less than 23 all of PROPERTY. 2416. This agreement shall be binding upon the heirs, successors, and 25 assigns of each of the parties hereto. 26 I/DATED: r@vF /7,/46q / 27 28 29 30 311 !I CITY OF CARLSBAD, CALIFORNIA, A Municipal Corporation DUNNE, Mayor 32i State of California ) iCounty of San Diego ) ss. -2- 1 I -- . ..--__-. -_ .““- .-_.l__l~-_ I .- ,” __,______ “-_-...--- -... _ ^_.. - 1 2 3 14 5 6 7 . e 9 1C 13 1; 1; 1, 1 1 1 1 1 2 2 z i 2 : 2 2 z i ci , 31 3: ?2 ij ?3 !4 1 !5 !6 !7 !8 !9 50 -1 ) , -. I.. this day of TONE I in the year 1969, before , Stuart C. Wilson, a Notary Public in and for said State, rsonallv appears David M. Dunne known to me to be Mayor of the -- ty of Carlsbad, California, and known to me to be the person 1 executed the within instrument on behalf of said public rporation, agency or political subdivision, and acknowledged to that such City of Carlsbad, California executed the same. TNESS my hand and official seal. gnature STUART C! WILSON STUART C. WILSON NOTARY PUBLIC . CALIFORNIA PRINCIP.IL ORICE SAN DIEGO COUNrYl ““‘w,,u,,“nnan,,““,~#ul UYYUYUYllllUUYlUUlY OTIS E. VANDERBURG My COMMISSION EXPIRES JUNE 15, ig 7z -ate of California ) ss runty of San Diego ) l befo 1’ 1 &&&J /&, /$%y Ire me, the undersignea, a Itar k; Public l/n and for said State, personally appeared Otis E 3nderburg and Christine Vanderburg, known to me to be the arsons whose names are subscribed to the within instrument and . ITNESS my hand and official seal. ignature ~LAc4,,A Y&&A) MY COmmisSion Expires Jan. 23, 1970 -3- _ _,.“.l_lll II_____...l_^l____. ---__--l.---- -_.__ _l_l_ .-. . “... .“__--. .-_____ _--... . I -- .I . ..~_.._ ._... . -- .-_-. .--_.-_-_ -___-__ --- e....- _. . -. .-_- .i,- l . “’ .-- ., ,i* I% 3 + * l DESCRIPTION OF PARCEL 2 - VANDERBURG LOT SPLIT I -Jo of . 1 Those portions of Lots 4 and 5 in Section 32; Township 11 South, Range 4 .:-y._ _/ . West, San Bernardino Base and Meridian, according to United States Govern- ment Survey approved December .27, 1870, County of San Di.ego, State of California, described as folbws: '. B,egintti,ng at the point of intersection of the Northwesterly boundary line of Ranch0 Agua Hedionda with the Easterly line of County Road Survey.No. 925 also known as El Camino Real; thence North 32" 26' 02" East along said Northwesterly boundary 173.64 feet to the True Point of Beginni.ng; -thence North 4" 49' 39" West 1293.83 feet; thence North 61" 20' 04" West to the Westerly line of that certain tract of land conveyed by David J. Marron, et al, to Frank S. Marron by that certain deed dated June 1, 1921 and recorded-in Book 844, page 440 of Deeds; thence Southerly along said I Glesterly line to said Northwesterly boundary of Ranch0 Agua Hedionda; . thence Northeasterly along said Northwesterly boundary to the True Point -of Beginning. Excepting therefrom that portion described as follows: That portion of Lot 4 in Section 32, Township 11 South, Range .4 West, San Bernardino Meridian, in the County of San Dieg'o, 'State of California according to United States Government Survey approved December 27, 1870,‘ described as follows: Beginning at the point of intersection of the Northwesterly boundary l'ine of Ranch0 Agua Hedionda with the Easterly line of County Road Survey No. 925 .also known as El Camino Reai; thence North 32" 26' 02" East along said Northwesterly boundary 173.64 feet; thence North 4" 49'39" bJest1293.83 feet to an angle point in the Easterly boundary of the land described in deed to Otis E. Vanderbu,rg et ux, recorded July 5, 1960 as Document No. 135043 of Official Records; thence along the Northeasterly line of said Vanderbu.rg land and the prolongation thereof, North 61" 20' 04" GJest to the Easterly line of said Road Survey No, 925; thence Southerly along said Easterly line 130 feet to the True Point of Beginning; thence retracing Northerly 130 feet tosaid prolongation; thence South 61" 20' 04" East along said prolongation to and along said Northeasterly line to a point distant 208.00 feet from the True Point of Beginning; thence Uesterly in a straight line 208.00 feet to the True Point of B,eginning. . . . . (497 - Vande,r$urg) -.. _. . : . .I .