HomeMy WebLinkAboutPD 73; Jarvie, Matthew; 79658; Future Improvement Agreement/Releasel? E TURN -7-o ,; si aIi . I
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AGREEMENT q., Q..hw~lIlES I’Ha{ . . . . . /.a.** .* ?-
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~~iiClA1 KECOT(DS SAN OK&ID CDUNY, fSi~l%m~b
A, S. Gi(laY, 61211NT’~ RFCWXR 4Q
PARTIES: The parties to this agreement are the City of
Carlsbad, California, a municipal corporation, hereinafter referred
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to as CITY; and Matthew W. Jarvie, hereinafter referred to as
DWNER. jj i
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RECITALS: This agreement is made with reference to the
following facts:
1. OWNER is the owner of certain real property located in the
City of Carlsbad, County of San Diego, State of California
more particularly described on Exhibit A, attached hereto
and by this reference incorporated herein, Said property
is hereinafter referred to as PROPERTY.
2. OWNER wishes to split PROPERTY into additional building
lots, and as a condition to the approval of said requested
split certain improvements are required by city ordinance.
With regard to certain of said improvements, the parties
hereto wish to agree that OWNER may be allowed to postpone
the installation thereof to a future date.
3. A serious drainage problem exists with regard to PROPERTY
which must be solved by construction of improvements at
the time a building permit is issued with regard to
PROPERTY,
COVENANTS : Now, therefore, it is mutually agreed as follows:
1. CITY approves OWNER’s proposed lot split.
2. CITY agrees that OWNER may postpone construction of full
street improvements on the Hoover Street and Highland Drive
frontages of PROPERTY on the herein stated conditions,
3. Upon written demand by CITY to OWNER, OWNER shall cause to
be installed along the Hoover Street and Highland Drive
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street frontages of PROPERTY, full street improvements as
then required in new subdivisions according to the then
city ordinances regulating this subject, on the said
street frontages of PROPERTY,
4, 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 said improvements,
5, In the event OWNER fails to perform any of his agreements
herein contained, CITY may cause said improvements to be
installed and OWNER shall pay the cost thereof to CITY.
6. OWNER hereby grants to CITY a lien on PROPERTY to secure
the performance of each and all of his agreements here-
under and to secure the payment of the cost of the
installation of said improvements if installed by CITY,
7, Two of the three new lots to be created by said lot split
out of PROPERTY are presently unimproved. Before any
building permit shall be issued for the placement of any
improvements on either of said two unimproved lots, a
grading plan and a plan for the control of drainage on
said two unimproved lots shall be submitted to and
approved in writing by the City Engineer of CITY. OWNER
agrees to construct the necessary drainage improvements
as approved by the City Engineer and to grant the required
drainage easement to the City, and further agrees that
before any building is completed or occupied on either of
said unimproved lots, CITY shall have accepted said
drainage improvements and easement,
8, This agreement shall be binding upon the heirs,
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successors, and assigns of each of the parties hereto,
shall run with PROPERTY, and shall create an equitable
servitude upon PROPERTY,
DATED: f+pl?/~ 23 M68
CITY OF CARLSBAD
STATE OF CALIFORNIA ) ss* COUNTY OF SAN DIEGO )
On this 30 STUART ~ayao&&$!%&$ f~,':~ry~~~$!%?' ~~~~~~a??~ appeared'DAVID 'Mr DUNNE known to me to be Mayor of'the tity of Carlsbad! California, and known to me to be the person who executed the within instrument on behalf of said public corporation, agency or political subdivision, and acknowledged to me that such City of Carlsbad, California executed the same. WITNESS my hand and official seal.
Signature
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TO 447 (3
(Individual) 0 TI
STATE OF CALIFORNIA
SAN DIEGO ss. COUNTY OF
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On HR'c 23d%$ew W, JarvIe before me, the gndersigned, a Notary Public in and for said
State, personally appeared
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2 to be the person whose name is subscribed
so to the within instrument and acknowledged that-
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executed the same.
, known to me
STUART C. WILSOPJ
NOTARY YUBLIC . CALlFORMlA
PRINC:PAL OFFICE IN
SAN OIEGO COUNTY
(This area for otltcial notarial seal)
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. EXHIBIT A . .
That certain portion of Lots 1, 2 and 3, Block "C" 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 Re-
corder of said County, described as follows:
Beginning at a point in the Easterly line of said Lot 2, distant
thereon North 13" 39' West 155.00,feet from the Southeasterly
corner of said Lot 2; thence leaving said Easterly line, South
84" 21' West 5.05 feet to the TRUE POINT OF BEGINNING; thence
continuing South 84O 21' West 193.91 feet to a point on the
Westerly line of said Lot 2; thence Southerly along said lot
line, South 26O 11' West 63.59 feet; thence North 63O 49' West
140.00 feet; .thence North 26O 11"East 225.00 feet to a point
in the Northerly line of said Lot 3; thence Easterly along said
lot line, South 63O 49' East 140.0.0 feet to the Northeasterly
corner of said Lot.3; thence North 76O 21' East 88.64 feet;
_ thence South 13" 39' East 150.94 feet to the TRUE POINT OF BEG-
INNING.
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