HomeMy WebLinkAboutMS 291; Sanchez, Geronimo & Emilia; 77-232981; Future Improvement Agreement/ReleaseA.
Space above this line for Recorder's use--
. . ; G *t : ., p.; i?.J .".sQl'r;STED PX AND
. k,:?p:‘~; :xcoilDED MAIL TC . . .
City of Carlsbad 244;
1200 Elm Ave,nue
Carlsbad, California 92008 ;
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Documentary transfer tax: $ No fee
Signature of declarant determining tax- firm name City of Carlsbad
Parcel No. 156-230-39 -
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DECLARATION OF COVENANTS FOR PUBLIC IMPROVEMENTS
SUBJECT:Public Improvements in Proposed Cynthia Lane
WHEREAS, Geronimo Sanchez and Emilia Sanchez, husband and
wife, as Joint Tenants, .
are the owner(s) of the following described property: see attached Exhibit "A'
for legal description; and "
WHEREAS, the owner(s) seek to divide s&.d property having filed
Tentative Minor Subdivision Number 291,
which was approved by the City Engineer of the City of Carlsbad,
on August 30, 1976, which land division will cause additional burdens on
the City of Carlsbad; and
WHEREAS, the City of Carlsbad is empowered to prevent said land
t division, or to deny or withhold its consent to the proposed land division, r LI ' as the case may be, until the owner(s) provide
will alleviate such burdens; and
WHEREAS, the installation by owner(s)
reasonable condition to the granting of authority for said land division by
the City of Carlsbad; and
WHEREAS, in lieu of the immediate installation and dedication of
7 :z, T< 7 r> ,-,,%l ic i!nprovenents, it is the _ desire and intention of the cwner(s) to
_. I .’ .-; 3 u9on the * nrozerty described ajove these covenants for future i -
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improvements for the benefit of the City of Carlsbad;
NOW; THEREFORE, the owner(s) hereby declare that all the property
described above is held and shall be held, conveyed, hypothecated, or
encumbered, leased, rented, used, occupied, and improved subject to the
following covenants, which shall run with the land and shall be binding on
all parties having or acquiring any right, title, or interest in the describ6d
land or any part thereof.
No protest shall be made by the owner(s) to any proceedings for the
installation or acquisition of public improvements, which could have been
required of owner(s) as a condition of map approval, under any special assess-
ment proceedings, whether conducted pursuant to the Improvement Act of 1911
or the Municipal Improvement Act of 1913, or any other applicable state or
local law, and whether processed by the City of Carlsbad or any other
governmental entity having jurisdiction in the matter and for the purposes of
determining property owners support for such. .
IN WITNESS WHEREOF, the undersigned has executed this instrument
this day of
RECOMMENDED:
-;---- City Elag'ineer
Approved as to form: ’ ,
>( 2pl4&,,& 4 /I /
Emilia A. Sanchez Also known as Emelia A. Sanchez
r)
er)
_a City Attorney V
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I .
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(1<st.ar!;.al acknowledcc-Tent of execution of owner(s) p;lst be a+t3c?.?d)
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STATE OF CALIFORNIA
COUNTYOF San DieGo > ss. 1
On 31, 3977 hefore me,
the undersigned, a Notary Public in and for said County and State,
personally appeared Germ P- San&p and Emilia A. Sanchez
, known to me
to be the person.Swhose nam PSuhscribed to the
within instrument and acknowledged that-.-k&&executed the same.
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FOR NOTARY SEAL OR STAMP
OFFXlAl SEA1
FELUGCIS W. F~IZPATRICX
HOlARY WBLIC CALIFORNtr
PttlNCtPAl OFFICE IN
SAN DlEGO COUNTY
3083 Pia Pica Dr., Corlsbod, Calif. 92008
EXHIBIT "A"
THAT PORTiON OF THE NORTHEAST OUARTER OF THE NORTHWEST QUARTER OF SECTION
6, TOWNSHIP 12 SOUTH, RANGE 4 UEST, SAN BERNARDINO MERXDIAN, IN THE CITY
UF CARLSBAD, XN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIAv DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6, THENCE SOUTH 89*59’
EAST ALONG THE NORTHERLY LiNE OF SAID SECTION A DISTANCE OF 1946.69 FEET
TO THE TRUE POINT OF BEGINNING, BEING THE NORTHEAST CORNER OF A PARCEL OF
LAND CONVEYED TO EDWIN T. EVANS AND WIFE BY DEED DATED MARCH 2, 1932 AND
RECORDED IN BOOK 95, PAGE 94 OF OFFICIAL, RECORDS, THENCE SOUTH 89m598
EAST ALONG SAID NORTHERLY LINE OF SAID SECTION 167.04 FEET TO THE
NORTHWEST CORNER OF LAND DESCRIBED TN OEED TO BENIGN0 RUIZt ET UX,
RECORDED APRIL 9, 1956, RECORDER’S FILE NO. 48256 OF OFFICIAL RECORDS,
THENCE ALONG THE WESTERLY AND SOUTHERLY LINES OF SAID LAND, SOUTH 0*55’00”
EAST 167.06 FEET AND SOUTH 89°59’OO’a EAST 75 FEET TO A PCINT IN THE
UESTERLY LINE OF THE FIRST CF TWO PARCELS Of LAND CONVEYED TO-HERBERT Cm
ANDERSON, ET UX, BY DEED DATED CCTOBER 12, 1933 AND RECCROED IN BOOK 256,
PAGE 119 OF OFFICIAL RECORDS, THENCE SOUTH O”558 EAST ALONG THE WESTERLY
LINE OF SAID tANO 167-06 FEET TO THE SOUTHWEST CORNER THEREOF, BEING ‘ALSO
THE NQRTHHEST CORNER OF THE SECOND PARCEL OF LAND CONVEYED TO SAID
ANDERSON AND DESCRIBED IN ABOVE HENTIONEO DEEO, THENCE SCUTH 89O51’35”
HEST TO AND ALONG THE NCRTH LINE OF A PARCEL OF LAND CONVEYED TO CLINE
JONES MYERS AND WIFE EY DEED DATED MARCH 17, 1930 AND RECORDED IN BOOK
1763, PAGE 89 OF DEEDS, A TOTAL DISTANCE OF 242.02 FEET JO THE NORTHWEST
CORNER OF SAID PARCEL CCNVEYED TO MYERS* BEING ALSO THE SOUTHEAST CORNER
UF THE AFOREMEhTIONEO PARCEL CONVEYED TO EVANS* THENCE NORTH O”55* WEST
ALONG THE EAST LINE OF SAID EVANS PARCEL, A DISTANCE OF 334.78 FEET TO THE
TRUE POINT CF BEGINNING,
7’7-232981
FILE /PA06 NQ. -.) BOOfi 19ff RECORDEDREQUESTOF
tYcI,Ty CLERK
Jw Irl 9-u AH’??
OFFICIAL RECORDS SAN DIECD COUNTY, CALIF. HARLEY F. BLOOM AECURDER