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HomeMy WebLinkAboutPD 73; Jarvie, Matthew; 79658; Future Improvement Agreement/Releasel? E TURN -7-o ,; si aIi . I z/71/ w -ARWD :vtA,, .y- i ;.+. -i-c%li*“* i*D*M p&y60 Pm ?/co DQI S/SRcSBAO, cfwf-k ~~~~~~~~ 42008 ww 1s rs5g c AGREEMENT q., Q..hw~lIlES I’Ha{ . . . . . /.a.** .* ?- SERiE5 9 BT;Q;z i VW ~~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 i 1 2 2 4 E E : E ? I( 1: 1: 2.1 1 I 1 3 1 1 2 2 2 2 2 2 E 2 ; : 2 ? L ? k. to as CITY; and Matthew W. Jarvie, hereinafter referred to as DWNER. jj i II! 3 ~1 I 91, : I q 1;’ 2 3 il at 5 / 6 /! ‘ip 8 .9 10 !I ri / r3 ! !4 / !5 !6 z7 23 ?9 ‘10 ;1 i2 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 -- II I 11 2 3 4l 5 6; 711 4 9 10 11 12 13 14 15 16 1’7 18 19 2o I 21 22 1 23 ) II 24 I( /I 25 ’ 26 1 /I 27 11 I’ 28 if 29 ’ Ii II 3o II 31 ii 321 I 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, -2- _.--- -_- __----- ..___- -_.._- - 1 2 3 4 5 6 ‘7 e 9 1e 11 12 II 14 1t 1t 1: II l! 2t 2: 2: 2: 21 21 2t 2’ 21 2! 3( 3: 3: 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~~~$!%?' ~~~~~~a??~ appeared'DAVID 'Mr DUNNE known to me to be Mayor of'the tity of Carlsbad! California, and known to me to be the person who executed the within instrument on behalf of said public corporation, agency or political subdivision, and acknowledged to me that such City of Carlsbad, California executed the same. WITNESS my hand and official seal. Signature B’~‘““““““““‘,,,‘~,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,.,,,,,~ 111111111111,1,1,11 ,,,,,, ,,,, ,,,, ,, ,,,,,, ,,,,, ,,,,,,,,,,,,,,,,,, -2- - .._^_ I-.- - ..-___- _l--_l __I- .___.. --_---- .- TO 447 (3 (Individual) 0 TI STATE OF CALIFORNIA SAN DIEGO ss. COUNTY OF _I t On HR'c 23d%$ew W, JarvIe before me, the gndersigned, a Notary Public in and for said State, personally appeared z : ! 2 to be the person whose name is subscribed so to the within instrument and acknowledged that- 1 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) 1 .@’ . . . l - I ,-L. e. * . %3 . 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. i 1 J!zxj+ 12 I-T .Jt : 4 .