HomeMy WebLinkAbout1974-05-07; City Council; Resolution 340621 WHEREAS, on the 7th day of May , 1974, the City
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RESOLUTION NO 3406
A RZSOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION REGARDING CHANGE OF ZONE FROM L-C and R-A-10 to P-C
(PLANNED COMMUNITY) ON PROPERTY GENERALLY
LOCATED WESTERLY OF LAKE CALAVERA AND SOUTHERLY OF COLLEGE BOULEVARD. APPLICANT: R. L, FARROW FOR FARROW REALTORS
WHEREAS, on March 12, 1974, a duly advertised public hear-
ing was held before the Planning Commission in the manner pre-
scribed by law to consider a change of zone from L-C and R-A-10
to P-C on property generally located westerly of Lake Calavera
and southerly of College Boulevard, more particularly described as:
All those portions of Lots D, E, J and L of Rancho Agua Hedionda, according to the Partition Map there-
of No. 823, filed in the office of the County Record- er of San Diego County November 16, 1896, a portion of said property being in the City of Carlsbad, County of San Diego, California and being more par- ticularly described on file in the Planning Depart- ment of the City of Carlsbad.
WHEREAS, at the conclusion of said hearing the Planning
Commission of the City of Carlsbad adopted Resolution No. 1049
recommending said zone change which is herewith referred to and
mendations and heard all persons interested in or opposed to the
proposed change of zone; and
WHEREAS, an Environmental Impact Report was prepared and
discussed at a duly noticed public hearing before the Planning
Commission and the City Council and was certified as complete in
compliance with City of Carlsbad Environmental Protection Ordinance
of 1972;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the findings of the Planning Commission contained
in the aforementioned Resolution No. 1049 constitute the findings
of the Carlsbad City Council.
3. That the approval of the proposed change of zone
classification is necessary to carry out the general purpose of
Title 21 of the Municipal Code.
4. That the City Council of the City of Carlsbad intends
to adopt an ordinance to effectuate the proposed change of zone.
PASSED, APPROVED AND ADOPTED at a regular meeting
of the City Council on the 7th day of May I 1974, by
the following vote, to wit:
AYES: Councilmen Frazee, Chase, McComas and Lewis.
NOES: None
ABSENT: None
Y*cAp ROBERT C. FRAZ , Mayor
ATTEST :
3y: NORA K. GARDINER, Deputy City Clerk
(SEAL)
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CITY OF CARLSBAD
1-200 Elm Avenue
Carlsbad, California 92008 Docunientary Transfer Tax? fig
INAIL TAX BILL TO Conveyed, *- Computed on Full Value of Proprty
- Or Computed on Full Value Less Lie
and EncumSrances Remaining at Time Owner Named on Line 7 at
Addre<;s Named on Line 8
&q- CITY Of CAWhSBAD i&ZEPM€e~ii iRm4 sc a +ax ant or k'irm Name
FUTURE IMPROVEMENT AGREEMENT
of
Op7NER: Michael M.. Grieser and Kandee E. Grieser
326 01 ive Ave., Carlsbad, CA 92008 ADDRESS :
DATED :
PARTIES:
a municipal corporation of the State of California, hereinafter
referred to as CITY; and the person or persons mentioned on Line 7
of Page 1 hereof, hereinafter referred to as OWNER, without regard
The parties)to this agreement are the City of Carlsbad,
to number or gender',
CoVEEANTS: It is mutually. agreed by the parties hereto as follows
1.
2.
3.
CITY hereby approves the Parcel Split NO. 232, Wilson Street
(Assessor's Parcel No. 156-1'42-13)
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 owmg
install along the street frontage of said property those
certain public improvements listed on Exhibit B, attached
iiere.to and by this reference incorporated herein.
Upon written demand therefor by CITY, addressed to o:~NER s;t
the address mentioned on Line 8 of Page 1 hereof, oWXER shall.
forthwith, at OWNER'S sole cost and expense, prepare plans
and specifications, approved by CITY, for the construction
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of said public improvements in the street frontage of said
property, and shall then forthxith construct said public
improvements according 50 said plans and specifications,
to the approval of CITY. The demand 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 demand'
said work as to any uf said improvements shall not constitute
a waiver by CITY of its'continuing wight to demand such work
4.
5.
6.
in the future.
In the event title to said property or a part- thereof is sold,
the herein stated obligation shall automatically also become
the oblTgation of the 'new owner.
In the event OWNER fails to act as required in paragraph 3
above, after written demand therefor by CITY, CITY may perform
OWNER*s said obligations and OWNER shall upon written demand
therefor, reimburse to CITY its costs therefor.
This agreement shall be binding upon and inure to the benefit
of the heirs, successors, assigns, and successors in interest
in said real property, shall run with said real property, and
shall create an equitable servitude upon said real property.
CITY OF CARLSBAD, A Municipzl
Corporation of the State of California ,
By :
.,.... ., ... . .
STATE OF CALIFORNIA ) ss.
COUNTY OF SAN DIEGO )
On this 18th day of Apri 1 , in the year 1974 I
5eforc i,?~, Virginia I!. Smith , a i?otary Public in anti *:or
the State, personally appeared Robert C. Frazee - . , known to ne
to be Mayor o€ the City of Carlsbad, California, and known to me
to be the person who executed the within i-nstrument on behalf of
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said public corporation, agency or political subdivision, and
acknowledged to me that such Ci'ty of Carlsbad, California execute the same.
WITNESS my hand and official seal.
1. . ~ L
?d3T>%7? PaBLIC: - CA?IFO:,NIA Signature P%'~?J~t OFFICE IN
OWNER
ss, STATE OF CALfFORNIA )
COUNTY OF SAN DIEGO )
,.before me, the undersigned, a Notary
aid State; personally appeared
GZ?. w447<&+ 5, Pd/ .2Q .A&P2L74- ', known to me to be the person/s
whose name/s is/are subscribed to the within instrument and
WITNESS my hand and official seal.
r' -&a
V/ EL,
Name (Typed or Printed)
Approved as to form:
6
incent F. Biondo, (X'ty Attorney
-3-
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All that portion of ~ot 4 of wilsonia Tract, in the Caunty of san
Dieyo, State of California, according to Map thereof No. 23-69,
filed in the office of Yne County Recorder of Saq Diega Caunty,
August 13, 1929, described as follows:
Beginning at the most Esstexly comer of said Lot 4; thence
along '&e Northeasterly line of said Lot 4, NorC\ 34O33' tJest,
a distance of 217.36 feet to a point, said paint being the most
Northerly comer of the land conveyed to Gzorge Ede, by deed
recorded in Book 1721, Page 498 of Official Fscords of Sa
Diego County; thence continuing North 34O33' West along the
Northeasterly line of said Lot 4 of Wilsonia Tract, a dis-
tance of 63 feet; to the true point of beginning of the
property herein described; thence from said true poht of
beginning, South 55O27' West parallel with the Nort%;westerly
line of said Ede's land, a distanse of 200 feet to a point
in the Northezsterly lins of land described in deed to Wil3.i.m
Hlnes, et ux, recorded June 19, 1957, in Book 6628, Page 237
of Official Records; thence along said Northeasteily line,
Nom 34'33' West to a point in the Southeasterly line of land
described in deed to Nyrtle Mullan, recorded January 31, 1951,
in Book 3954, Page 315 of Official Records; thence along said
Southeasterly line, North 55O27' East 200.00 feet to the Norkh-
easterly line of.said Lot 4; thence along said Northeasterly
line South 34O33' East to the true point 05 beginning,
Form 3631 Chicago Title Insurance Company
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PARCEL SPLIT NO. 232
1. .
2,
3,
4.
All
Grading and paving of adjacent publ,ic right of way
to its centerline except that portion improved to
City Standards.
Construction of P .C .C. curb, gutter and sidewalk
abutting all street frontages of property.
Planting of street trees or deposit of monies with
the City to plant said trees.
Installation of street lights and payment of 18-month
energy charges as required by City Engineer.
work
construct-ion shall
is done,.
conform to City standards at time the
Exhibit ‘I B ”
’. *. ..’.
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