HomeMy WebLinkAbout1974-03-06; City Council; Resolution 3373I
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RESOLUTION NO. 3373
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETFiBEN THE CITY OF CARLSBAD AND JEFFREY AND
SUSAN J. BLANKENSHIP FOR PARCEL SPLIT NO. 229,
HIGHLAND DRIVE BETWEEN ELM AVEIJUE AND ELMWOOD
STREET, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT.
The City Council of the City or Carlsbad, California, does
hereby resolve as follows:
1. That the certain agreement between the City of Carlsbad
and Jeffrey and Susan J. Blankenship for Parcel Split No.
229, Highland Drive between Elm Avnue and Elmwood Street
dated the 6th day of - March ,1974, a copy of
which is attached hereto and incorporated herein by
reference,is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby author-
ized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
ad' v-nzd PASSED, APPROVED, AND ADOPTED at a/reg&%r meeting of the
City Council of the City of Carlsbad, California, held on the
6tth day of March, 1974, by the following vote, to wit:
AYES : Cntn. 3anne !iCCOi~l~S, Lew i s, Chase and Frazee.
NOES : I4 o !I e .
ABSENT : Mone.
DAVID M. DUNNE, MAYOR
ZTTEST :
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0;' ,? fi: -17 L L, 5 Jifz'rey Blankexship and Susan J, BlankenshiD
F,D~?SSS: 2373 Hiqhland Dr., P.0. Box 1181, Carlsbad, CA 9 7 0 0.8
DATED : q7n
PARTIES: The partiesJto this agreement are the City of Carlsbad,
a municipal corporation of the State or' California, hereinafter
referred to as CITY; and the person or persons mentior-ecf on ~ine 7
of page 1 hereof, hereinafter referred to as OWXZR, without regard
to number or gender,
COVEWXTS: 1t is mutually agreed by the parties hereto as follows:
1.
2.
3.
CITY hereby approves the parcel split #229 - Hiqhland Dr.,
between Elm Ave. and Elnwood St, assessor's no ~ ?56-190 - 06;
on that certain real property, warranted by OWNER to be
wholly owned by him, described on Exhibit A, attached hereto
and by this reference incorporated herein, Also shown for
convenience sake on Attachment A, attached hereto and made
a part hereof.
CITY does hereby temporarily waive the requirement that o;.&=R
install along the street frontage of said property thDs2
certain pcblic improvements listed on Exhi5it B, attached
hereto and by this reference incorporated herein.
upon writtc2 dema~ci th?er-e;'or by CITY, addressed to O:;?ZR at
the address mentiorid on Line 8 of Page.1 heraof, O;~NER shall
forthwitk, at 0\~7fJ22's sole cost an6 expense, ixepare plz!ns
ap,c!. spec.ifications, approved by CITY, for the constructioz
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of said p~bl,Lc improvements in the stxeet frontage of said
property, and shall then forthwith cor:strurt said p,ibIlc
improvements according to said plans and specifications,
to the approval of CITY. The demanc! by CITY mentioned in.
this paragraph may, at CITY'S sole discretion, demand said
work as to all said improvements on all said property, or
as to any portion thereof, and the failure by CITY to demanc?
said work as to any of said improvements shall'not constitute
a waiver by CITY of its continuing right to.demand such work
in the future.
~n the event title to said property or a part thereof is sold,
the herein stated obligation shall automatically also become
the obli'gation of the new owner.
In the event OWXER fails to act as required in paragraph 3.
above, after written demand therefor by CITY, CITY may perforn
OWNER'S said obligations and OWNER shall upon written demand
therefor, reimburse to CITY its costs therer'or.
This hgreenent shall be binding upon and inure to the benefit
of the heirs, succ~ssors; assigns, and: successors in interest <
in said real property, shall run with said real property, an6
shall create an equitable servitude upon said real property.
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CITY OF CARLSBAD, A Municipal
Corporation of the State -of Cal'ifornia
STATE OF CALIFORNIA ) ss
COUNTY OF. SAN DIEGO )
.
On this 7th day of Yarch , .in the year 1974 ,
1,cforc mc, Virginia IIAitL , a Notary i"uh1ic ir1 and ?OL
, known to I: the State, pzrsonally appcsreci David :.I, Rtjnne c_
to be playor of the city of Carlsbad, California, and known to me
to the person who executed the within instrumcn.t on behalf c*C
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said public corporation, agency or political subdFvision,
acknowledged to me tha? such City cf Carlsbad, California executei
the same.
and
- ~ OWNER
STATE OF CAL.IFORNIA ) ss
COUNTY OF SAN DIEGO )
On FeSruary 30, 197%
Public i~ and for said State; personally appeared
, before me, the undersigned, a Notary
, known to. me to be the peuson/s
whose name/s is/are su3scribed to the within instrum- ant and
WITNESS my hand and official seal,
Approved as to form:
. -3-
PS #229
Legal Description
That portion of Tract 119 of Carlsbad Lands, in the County of
San Diego, State of California, according to the Map.thereof
No. 1661, filed in the Office of the County Recorder of San
Diego County, March 1, 1915, described as follows:
Eeginning at a point on the Northeasterly line of said Tract
119 which is South 34O33' East 361.54 feet from the most Northerly
corner thereof; thence South 55O27' West 102.46 feet to the most Northerly corner of land Gescribed in deed to Opal 24, Neff recorded in Eook 4111, page 316 of Official Records; thence along the
Easterly line and prolongation thereof South 16OO7 ' 15" East 331.87 feet to the Northwesterly line of land described in deed'
of trust executed by Richard E. Dillman et ux, recorded February
26, 1965 as File No. 34762 of Official Records; thence along said
Northwesterly line BTorth 55O27' East 200 feet more or less to the
Northeasterly line of said Tract 119; thenc.Et-al.ong said Northeasterly
line North 34O33' West 314.84 feet to the Point of Beginning.
Assessor's Parcel No. 156-190-06
E xh i b i t "A "
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1. Grading and paving of adjacent public right of way
to its centerline except that portion improved to
City Standards. .. --
2. Construction of P.C.C. curb, gutter and sidewalk - . abutti'ng a11 street frontages of property.
3. Planting of street trees or deposit of monies with
*he City to pLant said trees.
Installation of street lights and payment of 18-month
energy charges as required by City Engineer.
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All construction shall conform to City standards at time the
work is done.
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