HomeMy WebLinkAboutCT 72-18; Pfafflin, Donald and Josephine; 209519; Future Improvement Agreement/ReleaseREFERENCE FOR T AGREEMkT FOR DONALD PFAFFLIN
1200 ELM AVENUE TELEPHONE:
CARLSBAD, CALIFORNIA 920@8 (714) 729-l 181
ditp of QLarISbab
August 1, 1979
1McClellan Insurance 2727 Roosevelt Street Post Office Box 99 Carlsbad, CA 92008
Re: CARLSBAD TRACT 72-18;Unit No. 2 PACESETTER HOMES
The Notice of copy of which are releasing bond:
Completion for the above-referenced project,:. a is enclosed, having recorded June 8, 1979, we Seventy-Five (75%) Percent of the following
1. Performance Bond, issued July 1, 1965 in the amount of $800.
The remaining Twenty-Five (25%) Percent of the aforementioned bond will be retained for a period of one (1) Year from the date of re e of Completion, and will be
Pacesetter Homes, Inc. 4540 Campus Drive Newport Beach, CS 92660
SERIES 6 6OOK
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A. S. GRAY,COUti R$tjRow@
PARTIES : The parties to this hgreemrnt arc the City of Carlshad, -
Ca liforni.a., a. ?,“unici.yal Corporation, hereinafter referred t 0 as
CITY; a.nd Donald F. Pfafflin a.nd ,ToseThine Pfa.fflin, hereinafter
6 jointly referred to as (WNES.
CnVE?.!AVTS: 7 It j-s mutually a.greed as follows:
a 1, CITY shall. approve the crea.tion of a new building lot within
9 the City of Carlsbad, County of San Diego, Sta.te of California,
10 pa.rticularly described on Exhibit “.A” attached hereto and by this
11 reference incorporated herein:.
32 2. r?WER aarees to cause to be installed at his sole cost upon 0
13 demand therefore by CITY, full street improvevents of the one-half
14 street onto which sa,id newly created lot frcnts.
15 3. W?JER agrees to post and mainta.in in full force and effect
16 \n:ith CITY a bond in the. amount of Eight Hundred Dollars ($800.00)
insurinn that in the event W@JEri fails to perform his obligat’ion 17
18 under Paragraph 2 hereof, that CITY may cause said obligation to
1g be perforlred and that said bond amount may be used to pay for the
20 cost thereof upon der?and by CITY.
21 4. This Agreement shall be binding upon the heirs and assigns
22 of ea.ch of t?le parties hereto and sha.11 create a covenmt running
with the land as far as said newlv created lot described on Exhibit 23 F
24 “A” attached hereto is concerned.
25 DATED!
3w CITY OF CAIUSBAD, CALIFORNIA
Ry:
I ,, ATTEST: . . . _(‘ I
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$ ,STkfART C. WZLSON ;
IJO:-~<Y t ..WC (;ALIFGRNIA 1
PRiNCIP.1L OFFICE IN
SAN DIEGO CUUNTY
TO 447 c
(Individual)
STATE OF CALIFORNIA
84.’ !IT 0
On f0, P?& before me, the undersigned, a Notary Public in and for said
State, personally appeared o,T EPtffAfC ?Fa=d=~M ,
to be the person ___ whose name 1s subscribed
to the within instrument and acknowledged that s6E
executed the same.
WITNESS my hand and official seal.
Signature
5-w AkT
Name (Typed or Printed)
, known to me
STUART C. WILSON t
NOTARY iULi?IC CALIFORNIA i
PRINCiPdlL OFFICE IN 3
I
1
SAN DIEGO COUNTY iI UUIUI,~U,,,“YI,,YYYYlYUllYYUYYlUllUYYlUl
y--“:~~ -.-....,..... d~rcltmurl~Inhpnuao(M~& *X~--U&=b,Md~~~llfd~,~~ Au.;. WITNESS mmw*wRiIdtltimo. .-
#.a .
(This area for official notarial seal)
1442
PARCEL ” C”
ENGINEERS DESCRIPTION
That portion of Lot I, Ranch0 Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according
to Map thereof No. 823, filed in the Office of the Recorder
of said County described as follows:
Beginning at the most Northerly corner of Lot I, Block H,
Bellavista, according to Map thereof No. 2152, filed in the
office of the Recorder of said County; thence along the
Northerly line of that certain parcel of land described in
Book 1497 page 129 of Official Records South 86" 49' 45"
East 3.26 feet; said point being distant thereon 28.00 feet
measured at right angles to the centerline of Park Drive as
shown on said Map 2152; thence leaving said Northerly line
and along a line parallel with said centerline of Park Drive
North 26" 11' East 155.73 feet to the TRUE POINT OF BEGINNING:
thence continuing along said last mentioned course North 26'
11' East 75.00 feet; thence South 61" 58' 44" East 122.06 feet
to a point distant thereon 150.00 feet measured at right angles
to the centerline of said Park Drive; thence along a line
parallel with the centerline of said Park Drive South 26" 11'
West 60.00 feet thence North 69' 00' 30" West 122.50 feet to
the TRUE POINT OF BEGINNING.
Containing therein 8,235 Square Feet.
EXHIBIT A
-- ______-..-- -_. ._... ~__
PORTifON OF LOT 1, PANCHO AGUA ~~~/ONDA, . . MAP 823, /N 7wE C/TY OF CAAL/AAQ COc//v;ry
OF SAN D/EGO, 1rA TK OF- CAL rFORM/4
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\ I PtFfl efTq-+ CA/?LIc9Ab
l-i SPLIT MAP - .ClTY OF CARLSBAD ’ ND. 30
APPRoVED BY: DRAWING jETME
L&eja &m 7/94- 6lsuIT: ~30 Bond
ND.
- RC.6. oe a.cr. V &ra~wsL# REG. No. 6~~~: :[c<.,‘f’Lh WR: WC. NO. $;r lMp.3
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7uF Cic/v775eL~~E OF PARK OafVE OF B&-f L A KG5 M.4P z/52. v/ f : NE6 ‘//‘E
- LEGEND -
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do/SC L.(: 2789.
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d OGC LS 2789.
REOlJESTED BY:
DONALD ffa/6&$
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INSURANCE COMPANY OF NORTH AMERICA
PHILADELPHIA
PERFdRMANCE BOND
The premium on this bond is
S....~~.,.~‘........... _._____ for the
term thereof
l&nom all gllten bg these @emts:
That we . . . . . . .._.................... ?!?!?!!&!??..?!.~ .___ ????.#fil&%N ___._.............._...................................................................................
of.. .-. .-. . . . . . . . . . . . . . . . . . . . . . ._ _. .?. _ . . . . . _. . . . . . . ._ _. . _ _. _ _. __ _ _. _. _ _ Oceanside California _________........ (hereinafter called the Principal), and
INSURANCE COMPANY OF NORTH AMERICA a Corporation organized under the laws of the State of Penn-
sylvania, and duly authorized to transact Surety business in the State of California (hereinafter called the Surety),
are held and firmly bound unto _._______.__...__.._...............~...................~........................................................................................
the City...o.f ____ Carl&ad3 ____ CaL.iZorn2.a _____.__.___.___.___....................................... -............_...................................................... .
(hereinafter called the Obligee), in the sum of _____________ ~.~R~...H~...~~...N~~~.O.O _____________.___.__............
. . . . . ..~~~.....~...............-..........-......~.~.......~.~.~.~.........~...................................................................... ($.8po 00 .__.._ f _________.____..._ ) Dollars,
for the payment whereof to the Obligee the Principal and Surety bind themselves, their heirs, executors, adminis-
trators, successors and assigns, jointly am! severally firmly by these presents.
WHEREAS, the Principal and the Obligee have entered into a certain contract (hereinafter called contract),
dated . . . . . . . . . . . .._____.____________ _ ___.._____._.___._______________________.....~...~ for .___..__ c.~.~b,...~~~.~.~r...and~..~i~~.~~.~~.~ . . ..______________
.____.._____________.....~...........~.~.....~.~....~.~......~..~........~..............................................................................................................................
a copy of which contract is or may be attached hereto, and is hereby referred to.
NOW, THEREFORE, the Condition of this obligation is such, that if the Principal shall faithfully perform
the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain
in full force and effect.
SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS:
First: That in the event of any default on the part of the Principal, written notice thereof shall be given to
the Surety as promptly as possible, and in any event within ten (10) days after such default shall have become
known to the Obligee or to any representative of the Obligee authorized to supervise the performance of said
contract. If the Principal shall abandon said contract or be compelled by the Obligee to cease operations thereunder,
the Surety shall have the right to proceed or procure others to proceed with the performance of such contract, and
all reserves, deferred payments and other moneys provided by said contract to be paid to the Principal shall be paid
to the Surety at the same times and under the same conditions as by the terms of said contract such moneys would
have been paid to the Principal had the contract been performed by the Principal, and the Surety shall be
entitled thereto in preference to any assignee of the Principal, or any adverse claimant; but if the Obligee shall
complete or re-let the said contract, all reserves, deferred payments and other moneys remaining after payment
for such completion shall be paid to the Surety or applied as it may direct to the settlement of any obligation
incurred hereunder.
SB-127 lSO0 B-4.60 PRINTED IN lJ.S.A
Second: That the Obligee shall faithfully perform all of the terms, covenants and Conditions of such contract
on the part of the Obligee to be performed; and shall also retain the last payment and all reserves and deferred
payments until the complete performance of said contract, and until the expiration of the time within which
notice of claims or claims in liens by persons performing work or furnishing materials under said contract may be
filed, and until all such claims shall have been paid, unless the Surety shall consent, in writing, to the payment of
said last payment, reserves or deferred payments.
Third: That the Surety shall not be liable for any damages resulting from strikes, or labor difficulties, or from
mobs, riots, civil commotion, public enemy, fire, the elements, acts of God, or defect or fault in the plans or
specifications referred to in said contract or for repair, or reconstruction of any work or materials damaged or
destroyed by any of said causes; or for damages from injury to, or for the death of any person; or under or by
virtue of any statutory provision for damages or compensation for injury to or the death of any employee. This
bond does not cover any provision of the contract, or specifications respecting guarantees of efficiency, or wearing
qualities; or for maintenance or repairs, nor does it obligate the Surety to furnish any bond, policy or obligation
other than this instrument.
Fourth: If there be more than one Obligee named in this bond, then it is understood that the rights of the
Obligees or any of them under his bond are conditioned upon the faithful performance by or on behalf of the
Obligee of all Conditions of the contract by him to be performed.
Fifth: That no suit, action or proceeding by the Obligee to recover on this bond shall be susttiined unless
the same be commenced within six months from the completion of said structure or work of improvement, as
“completion” is defined under the applicable sections of the Code of Civil Procedure of California. Any notice to
the Surety may be addressed to or served upon it at its office in..3.200..fP.~fth...A.~.~.~., _._. @!!...!?%8% . . . . . . . . .
California.
SIGNED, SEALED ‘AND DATED this _.__..___. A.!!! _._____.__.._.._____...... djy of ____.__.__._._______.............................. 19 __..________. July 65
STATE OF CALIFORNIA,
. . . . . . . . . . . . . . . . . . . ..-..-............... Coun& of . . . . . S.~~ ,... Di!?.G? . . . . . . . . . . . . . . . . . . > “’
‘.
DOWAD F. PFAETLIEJ . . . . . . . . . ..__....__..................... 9 . . . >. . . . . . . . . . . . . .._............................
,“/3 A)+#/ ,..‘-
+/--<ti..: . . . . . . . .-.. . . . . . r.......
Tfl
. . . . . . . . . . . r.* . . . . . . . . . . . . . . . . . . . . . .
,/’ / ,’
. . . . . . . .._.__.............................~.......~~................~.~....................~... Principal
INSURANCE COMPANY OF NORTH A&bERICA
Attorney-in-Fact
On this. / & d ay of . . . . . ..: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in
I’ ti
the year one thousand nine
-before
hundred and . ..%!?.!?~ . . . . . fll&.? . . . .
me . . . . . ,..&‘W.~~...~.~ . . . !$dX?.~.~n; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , a Notmy Public ‘in and for the . . . . . . . . . . . . . . . . . . . . . . County of...~EL~...I?i~gO . . . . . . . . . . . . personally appeared . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................ Rudolph W. Hertseh . . . . . . . . . . . . . . . . . . . . . . . . . . . . I ..,,. , .,.,,,.,..... ..- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..~...............................................................
known to me to be the person whose nume iS subscribed to the within instrument as the Attorney -in-fuct of the INSURANCE COMPANY OF NORTH AME acknowledged to me that. he subscribed
PRlNClP.41 OFFICE IN the name of the Ins puny of North America thereto as ptincipol,
SAN DIEGO COUNTY and hisowtt name
.k IRENE M.I@URLIN MY Gmmkkm Expires March 7,1~ N-y p&lie in and fa the ~~;.~~.~~~i~..~~n....Bi.~g.........
se-12c - 2.1-61 Printed in U.S.A.
at pcwttia af tp of mQSbm9,
J.ifaXIti aL4x@#r
in the bsfhm of C
as f4~_lllaw
rkdr, In the txtt?? of
82'5, itElan
rdar of SPi unty ~~~~r~~
__. .__-.
*
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PORK’UN OF LOT J, RANCH0 ACUA WED/CLvDA,
MAP 823, /N Tee/E c/7-y OF: CAA?LZJlqAR, toUN7-y OFSAN O/&Go, Z7A7-45 or CA L /FORM/4
C&T in /son/ P/PE O do/SC L.I: 2789.
0 SET /g /RON ~WK
6 O/SC LS 2789.