HomeMy WebLinkAboutMS 300; Glissman, Edna, and Perkett, C.R. and Jean; 77-368963; Future Improvement Agreement/Releasem (\ -
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Ci'ty of Carlsbad
1200 Elm Avenue Carlsbad, California 92008
--- Space above this line for Recorder's use
Documentary transfer tax: $ No fee
--- Signature of declarant determining tax- firm name .
City of Carlsbad
Parcel No. 206-191-10 and 207-100-36 _..__
DECLARATION OF COVENANTS FOR PUBLIC IMPROVEMENTS
SUBJECT: STORM DRAIN IMPROVEMENTS - along west side of Park Drive.
WHEREAS, Edna M. Glissman as to an undivided one-half interest and
C. R. Perkett and M. Jean Perkett, husband and wife, as joint tenants, as to
an undivided one-half interest, hereinafter referred to as "the dwners."
are the owner(s) of the following described property: see attached Exhibit "A"
for legal description; and
WHEREAS, the owner(s) seek to divide said property having filed
a Tentative Minor Subdivision Map Number MS 300
which was approved by the City Engineer of the City of Carlsbad,
on February 25, 1977, which land division will cause additional burdens on
the City of Carlsbad; and
WHEREAS, the City of Carlsbad is empowered to prevent said land
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division, or to deny or withhold its consent to the proposed land division,
as the case may be, until the owner(s) provide sue
will alleviate such burdens; and
WHEREAS, the installation by owner(s) of
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
,: -: -; 2 .” i L-2 1 i c -- r; I-pro-b-enents , it is the desire and intention of the owner(s) Lo
: -.,_ ,r ,--a 1. . .._I d c_ - .i>3n the property described above these covenants for future
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* t - !ws y -
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 3 0 day of
RECOMMENDED: . i+5LJw8& neer
Approved as to form:- /.
City,Attorney
.
c-cik-ih-,b
(Owner) -
-(h&A-h% t
(Owner)
(Owner)
70 ,944 CA (8.74,
(Individual)
STATE OF CALIFORNIA
?& dxaL&C 3 COUNTY OF
TIgIi;3””
ss. ATKOR COMPANY
w
z x
z
, known to me
to be the person- whose name-subscribed
to the within instrument and acknowledged that-
d and official seal.
(This area for official notarial seal)
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’ EXHIBIT "A" \
PARCEL '1: . .
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That portion of Lot 1 in Block "F" of Bellavista, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No. 2152,
filed in the Office of the County Recorder of San- Diego County, March 7; 1929,
described as follows: I
Commencing.at the most Northerly corner of said Lot 1; thence along the boundary
of said Lot 1 as follows: Southerly along the arc of a 425.00.foot radius curve,
concave Westerly, through a central angle of 08"49'44" a distance of 65.49 feet;
tangent to said curve, South 06"02'00" West, 293.15 feet to the beginning of a
tangent 225.00 foot radius curve, concave Easterly; Southerly along the arc of
said curve through a central angle o f 30"29'30".a distance of 119.73 feet; and
tangent to said curve, South.24"27'20" East; 113.58 feet to the Southwesterly corner-
,of the land described in deed to Everett N. Harwood, Inc., recorded January 24,
,1969 as, File No. 14348 and.being the TRUE POINT OF BEGINNING; thence continuing .
along said boundary, South 24"27'20" East, 150.00 feet to a point distant thereon
North 24"27'20" West, 59.67 feet from the Southwesterly corner of said Lot 1;
thence North 65"32'40" East, 214.95 feet to a point on the Northeasterly line of
,said Lot 1, distant thereon North 24"59'00" West, 59.67 feet from the Southeasterly
corner of said Lot 1; .thence along said Northeasterly line, North 24"59'00" West,
150.00 feet to a line which bears North 65"32'40" East, from the TRUE POINT OF
BEGINNING; thence South 65"'32'40" West, 213.57 feet to the TRUE POINT OF
BEGINNING.
PARCEL 2: :
That portion of Lot "I". of Ran&o 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 County Recorder of San Diego County November 16,
I896, described as foll,owz$:
.
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Beginning at the most Easterly corner of Lot 4 in Block "F" of Bellavista
according to Map thereof No.
of San Di.ego County March 7,
2152 filed in the Officesof the County Recorder
1929.; thence along the Northeasterly prolonga-
tion of the Southeasterly line of said Lot~4, North 43"51'33" East, 364.00
feet to a point herein designated as Point "X"; thence.North 45"52'10" West,
1308.37 feet to the most Northerly corner of Lot l-in said Block "F" 'of
Bellavista; thence Southerly along the.Easterly boundary of said Block "F"
to the Point of Beginning.
EXCEPTING therefrom that portion lying Southeasterly of a line described as
follows: ' .
_ Commencing at the most Easterly corner of'said Lot 1 in Block "F" of Bella-
:-lista; thence along the NortheaSterly line of said Lot 1, North~24°59'00"
West, 59.67 feet to the TRUE POINT OF BEGINNING;. thence North 67"06'00" East,
289.95 feet to a line which bexs North 45"52'10" West from said Point'"X".
Page l'of 2
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ALSd EXCEl?;L‘INC therefrom that portion lying Northwesterly of .a line
described as follows: * . , :.
Commencing at the most Easterly corner of said Lot.1 in-Block "F" of Bella-
vista; thence along the Northeasterly line oi said Lot 1, North 24°59'OO't~
West, 233.44 feet to an angle point in the Southeasterly boundary of land
described in deed to Everett N. Harwood, Inc., recorded January 24, 1969
as File No. 14348; thence along said Southeasterly boundary North 46"07'50"
East, 183.85 feet to a line which'bears North 45'52'10" West from said
.
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Point "X" . .
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. . . ???-~~63 FILE/PAGE NU.---y--- BOOK 1977
RECORDED REQUESTOF 1
SIP 8 9 36,AH’17
OFFICIALRECORDS SANfllEGUCOUNTY,CALlF. ' tlARLEY F.BLOOH. liECORDER
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