HomeMy WebLinkAboutCT 71-03; Bee Cee Company; 39092; Future Improvement Agreement/Release1
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RECORDING REQUESTED 3Y AND
VCHP.N RECORUED^IL TO
CITY OF CARLSUAD
1200 Elr Avenue
Carlsbad, California 92003
"AIL TAX BILL TO
Owner Named on Line 7 at
Address Manet! on Line 8
792
39092
» BOOK Win
*«, « ^SW RECORDS
SfN MOO (QSUdiTY, CALIFORNIA
A. S. eflAr, iBOiMY RECORDER
LOT SPLIT IMPROVEMENT ACPEOMENT
of
OWNER:BEE GEE COMPANY
AD DRESS: 3095 State Street. Carlsbad. California
DATED:
PAPTTES: The parties to this agreenent are the City of Carlsbad,,
a municipal corporation of the State of Californin, hereinafter
referred to as CITY; ana the person or persons mentioned on Line 7
of Page 1 hereof, hereinafter referred to as OWNER, without regard
to minber or gender.
COVENANTS: 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 O-.'NER to be wholly owned by hiri,
into those individual lots particularly described on Exhibit
A, attached hereto and by this reference incorpcrate-d heroin.
2. CITY does hereby temporarily waive the requirercnt that 0',,'NHR
install alcrip: the street frontage of said individual lots,
those certain public iriprovencnts listed on Exhibit !'>, attached
hereto arid by this reference incorporated herein.
3.'* Upon written demand therefor by CITY, addressed to OIVNHR at the
address r-entioncd on Line 8 of Pa^e 1 hereof, 0'..TNEn shall
forthwith, at his sole cost and expense, prepare plans and
specifications, approved by CITY, for the construction of sr.it!
public ir.provot.cnts in the street frontage of said lots, and
shall then forthwith construct said"puhlic inprovercuts
according to said pl.'Ui.s and specifications, to the approval of
i
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4.
793
CITY. The der.and by CITY mentioned in this paragraph nay, at
CITY's sole discretion, denand said work as to all said
inproverrents on all said lots, or as to any portion thereof
and as to any nunber of said lots, and the failure by CITY to
denand said work as to any of said improvements or as to any
of said lots, shall not constitute a waiver by CITY of its
continuing right to demand such work in the future.
In the event title to one 'or rore of said lots is sold, the
herein stated obligation shall autonatically also becone 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 POEP fails to act as required in paragraph 3
above, after written denand therefor by CITY, CITY ray perforr
OUNFR's said obligations and O'.VMER shall upon written demand
therefor, reimburse to CITY its costs therefor.
This agreement shall bo 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
By:
>;avor
STATF OF CAI.IFOT'IA )
fOU\TY OF SAN DIFGO ) s '
Or. this [1 day of r -p, ^_, in the year
ne, STHAJT ('. VfLSON n Notary" i'li^fic 'in and for saici State,
personally appeared J)/VU it) AA , J)Q A/A# ^ , known to re to be
, before
:'ayor of the City of Cnrlsnaci, California, and. known to re to be
the porson who executed the within insf.rur-ent on behalf of said
public corporation, agency o.r political subdivision, and
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o
acknowledged to me that such City of Carlsbad, California executed
the sane.
WITNESS my hand and official seal.
Signature
STUART C. WILSON
NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
STUART CT WILSON MY COMMIE; ION EXPIRES JUNE 15, 19 72-
BEE CEE/ CO. , a Partnership
OL.NETR H. M. BaumgartPtgr, Agent
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) SS'
On ^ before me, the undersigned, a Notary
PubTTc in arYcl for said St"aTe, personally appeared
_' , known to me to be the
person7s""v/ho~so name/^s is/are subscribed to the within instrument and
acknowledged that he/she/they executed the same.
iVITNESS m.y liaiid and official seal.
Si'-mature
\ADER ]!
LlrORNIA i
-E IN '•
,fiY
1972rlarne (lypeci or i'rfnteuj
DESCRIPTION
All that portion of Tract 239 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 said County, December 9, 1915,
described as follows:
PARCEL A;
Beginning at the most Easterly corner of Chestnut Manor,
according to Map thereof No. 5073, filed in the Office
of the County Recorder of said County, November 7, 1962;
thence along the boundary of said Subdivision North 61° 21
East 91.95 feet to tire TRUE POINT OF BEGINNING; thence
continuing North 61° 21' East 200.00 feet to a point on
the Westerly boundary of Highland Drive; thence along
said boundary of Highland Drive South 28° 39' East 165.00
feet; thence leaving said boundary of Highland Drive
South 61° 21' West 200.00 feet; thence North 28° 39'
West 165.00 feet to the TRUE POINT OF BEGINNING.
PARCEL B;
Beginning at the most Easterly corner of Chestnut Manor,
according to Map thereof No. 5073, filed in the Office
of the County Recorder of said County, November 7, 1962;
thence along the boundary of said Subdivision North
61° 21' East 91.95 feet; thence South 28° 39' East
165.00 feet; thence North 61° 21' East 10.00 feet to
the TRUE POINT OF BEGINNING; thence continuing North
61° 21' East 190.00 feet to a point on the Westerly
boundary of Highland Drive; thence along said boundary
of Highland Drive South 28° 39' East 90.00 feet; thence
leaving said boundary of Highland Drive South 61° 21'
West 190.00 feet; thence North 28° 39' West 90.00 feet
to the TRUE POINT OF BEGINNING.
JWTrbkb
1/24/69
EXHIBIT "A"
796[
•wu;...
1. Grading and paving of adjacent public right of
way to its centerllne.
2. Construction of P.C.C. curb, gutter and sidewalk
abutting all street frontages of property.
3. Planting of street trees or deposit of monies
with the City to plant said trees.
All construction shall conform to City standards at
time of the work is done. i
Exhibit "B"