The URL can be used to link to this page

Home My WebLink About; Yarberry, G.F.; 134041; Future Improvement Agreement/ReleaseF WNEN RECORDED RETUR.N TO: *. . A / City of Carlsbad 2960 Pio Pica Drive Carlsbad, California AGREEMENT SAN OIEGO COUNTY, CALIFORNIA A. S. GRAY. COUNTY RECORDER PARTIES: The parties to this agreement are the CITY OF CARLSBAD, CALIFORNIA, a municipal corporation, hereinafter referred to as CITY, and G- F. Y-Y , 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: (al 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) Grading and paving of adjacent streets and public ways to their center lines. ( 2) Installation of concrete curbs, gutters and sidewalks abutting all street frontages of PROPERTY. ( 3) Planting of street trees or the putting up of a deposit for their future planting. [A : 11, ci,rti I _’ ,f+---“ I {65- 4 ‘/ \ i (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: &GQ/, /~&-- . v CITY 6F CARLSBAD Mayor of the City of Carlsbad, Carlsbad, California ATTEST: : , v , j ,...*” . . .~ , I\ ‘. ‘i. r t I . . - - TO 447 c (Inllividual) STATE OF CALIFORNIA San Diego COUNTY OF > ss. 0 !cl t On June 1, 1965 before me, the undersigned, a Notary Public in and for said State, personally appeared G. F. YARRFRRY , w 6 I 1 W ii! , known to me 2 to be, the.peis& 2 whose name i S subscribed m to the .withiu instru&ent ‘and acknowledged that he executed thk same. . K,:r :.-1 -, ! >J;.y-i, i!-,‘,,,a,. P..!.$(% fdl;,‘.::.; ,,,,,-, .) .., 2. _ , >. I, :,r*j 1 q..,. ;.. ..\.J (Thin.area far ot%ial netarid real) _ _ . TO 449 c (Corporation) STATE OF CALIFORNIA COUNTYOIS~~ Diwo t;+*; 4 t On 1965 before me, the undersigned, a Notary Public in and for said June 1 State, personally appeared AT K I N S 0 N 9 J R . W . C . L !i known to me to be the Mayor w&y&& and, MARGARET E. ADAMS : known to me to be City Clerk &&&?&$of th~mun'c'\a' -1 known to me to be the persons who executed the within corporatron t at executed the within Instrument, !? Instrument on behalf of the corporation therein named and 2 iii acknowledged to me that such corporation executed the &thin instrument pursuant to its by-laws or a resolution of its board ‘., of directors. r”“mrm~“,,~,,~~~,~ ,,,,,,,,, 1,,,~ ,,,,,,,,,,,,,,,” ,,1,,11~,111111111~~1~~~~~‘~‘~~~’~”’~”””’~”””””““’ ,*,M,“*~“*~~ ” 1 WITNESS my hand and official seal. STUART c. WiLSoN i 4 NOTARY pu~1.1~ - CALIFORNIA : pRINCIl?'iL 0FFV.X IN l Signature SAN DIEGO COUNTY yl"y,y,,,y ,,,,,,,,,,,,,,,, l"t"Yl"llll‘l"lYllll~~~~~~~~~~"~~""'""""" I Name (Typed or Printed) (This arm for omcial notarial 8eal) GUSTAV J. KAMPTNER Licensed Land Surveyor 2924 Carlsbad Boulevard Carlsbad, California Phone 729-1108 PARCEL "A" Yarberry ENGINEER’S DESCRIPTION THAT PORTION OF LOT 10, WILSONIA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF No. 2169 FILED IN THE OFFICE OF THE RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 10; THENCE ALONG THE NORTHWESTERLY BOUNDARY, THEREOF SOUTH 55" 27' WEST 130.00 FEET; THENCE LEAVING SAID BOUNDARY ALONG A LINE PARALLEL WITH WILSON STREET AS SAID’STREET IS SHOWN ON SAID MAP SOUTH 34" 33' EAST 60.00 FEET; THENCE ALONG A LINE PARALLEL WITH THE NORTHWESTERLY BOUNDARY OF SAID LOT NORTH 55" 27' EAST 130.00 FE‘ET TO THE NORTHEASTERLY BOUNDARY OF SAID LOT; THENCE ALONG SAID NORTHEASTERLY BOUNDARY NORTH 34" 33' WEST 60.00 FEET TO THE POINT Or BEGINNING. CONTAINING THEREIN 7800 SQUARE FEET. EXHIBIT "A-l" GUSTAV J. KAMPTNER Licensed Land Surveyor 2924 Carlsbad Boulevard Carlsbad, California Phone 729-1708 PARCEL "B" Yarberry ENGINEER’S DESCRIPTION THAT PORTION OF LOT 10, WILSONIA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING ‘TO MAP THEREOF No. 2169 FILED IN THE OFFICE OF THE RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 10; THENCE ALONG THE NORTHWESTERLY BOUNDARY THEREOF SOUTH 55' 27' WEST 130.00 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE LEAVING SAID NORTHWESTERLY BOUNDARY ALONG A LINE PARALLEL WITH WILSON STREET AS SAID STREET IS SHOWN ON SAID MAP SOUTH 34" 33' EAST 60.00 FEET; THENCE ALONG A LINE PARALLEL WITH THE NORTHWESTERLY BOUNDARY OF SAID LOT NORTH 55" 27' EAST 130.00 FEET TO THE' NORTHEASTERLY BOUNDARY OF SAID LOT; THENCE ALONG SAID NORTHEASTERLY BOUNDARY SOUTH 34" 33' EAST 89.41 FEET TO THE MOST EASTERLY CORNER OF SAID LOT; THENCE ALONG THE BOUNDARY OF SAID LOT 10 ALONG THE FOLLOWING COURSES AND DISTANCES: SOUTH 55" 27' WEST 284.17 FEET; NORTH 34" 33' WEST 149.41 FEET (REC. 149.35') NORTH 55" 27' EAST 154.17 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING THEREIN 34,658 SQUARE FEET. EXHIBIT “A-2” H .-?- pap: ’ i 0 -2, * + -/ I “g-e3 ,( & ki- f,z,3c i’e”i %‘I, ,t L cJc+ ;,37- -,7 “0 “+.Y -- --.-- -___ 1 ,.,I’ -.’ / I 200.73 -” ! 2 @ Monume0,/z fiund ---.2+ ; as J-/i=.owf7. c&/,5 * 0 se/ “/d” /Iron P, c 6 -r” -G&, CJ- 27 9” 7 4 DfJ-d 9‘ /-a r/-p- .r -+=P-. O* Ad pyL-q 2 Jo/y &‘% <AN ,--.---- __... _ - . . ..__ -.~ ‘?5L /c .-- . ..___ DC/E/VA v/s TA i J _ _- WA y ~.-~.-‘:L:L~-~-- _I_-.. 10. i’ I -- .- ~_ s PL / T /MA P LO 7-- /O, W/LSO/V/A 7PAC7- MAP 2/69, C=2WLSBA~, c%‘L/~ -i&wESTEO By: 1-T SPLIT MAP-CITY OF CAR G&.&y&q 0, -f-;g-Lx -Ca?-.C~~C J-0c-w ctfl uu j _ _ .--_- --.-_----- .9 ovr)c. 5.5 ! or. r-t- REC No z ’ t.. GUSTAV 1. K!bMiMt “lJm4wubm- ~.m4cMuuoI#uwMID -CkWlllA fbam 72wlao . PARCEL Qn THAT PORTION OF L@T iO;WILSONIA CrTY OF GARLSSID, COVYTY OF SAN DIWW, ST RXI.di, ACCORDIBO TO YAP "'"uERE6F Ho. Z&t%3 FILM3 114 THE RECORDER OF. SAID covm=Y DEm?Iwm J&s FOLLOWS: BEQXNMINQ AT THE MOST NORTl?ERLY CORNER OF SIID LOT IO; THENCE Ai,OTU3 TYE CTORTT9ZSTEttLY Bomu'DAKY Tl93RPO? SOtrTB 5d0 27'. 13~ifT ?JTxT; ?~~r~~ ~AW~~~ SAXD BomDARY ALONQ A PUUiLtELWITHWQf34M STREET AS SIID STREET IS SHOWN ON SAID MAP SOUTH 34 33' EAST 1'3.00 FEET; Tm3ricE ALOPJ 0 A LXNE P 4 POUF~DARY OF 3AID LOT EiOlt ' EAST X50.00 FEET TO THE HQRT)?EASTEJ#LY E3OUMMY.OF SAID L@T; T'fl~~ol5 ALONG SAIL ~~O~~~~ST~~Y ~U~~~Y.~QR~~~ 34* $5@ IPEST 60.00 P&ET TO EIE POUT OF BIiGIN)IXNQ. CmiT~1HfPm 'EEiR6IN 7830 SQJARZ FEET.