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HomeMy WebLinkAbout1974-08-20; City Council; Resolution 3475I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION ~0.3475 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CARROLL R. KELLY FOR THE INSTALLATION OF IMPROVEMENTS ON KELLY DRIVE REQUIRED BY PARCEL SPLIT NO. 147 AND AUTHORIZING THE mAYOR TO EXECUTE SAID AGREEMENT I The City Council of the City of Carlsbad does hereby resolve as follows: 1. That the certain agreement between the City of Carlsbad and Carroll R. Kelly for Parcel Split No. 147, Kelly Drive, dated the 20th. day of Aucust , 1974, a copy of which is attached hereto and incorporated herein by this reference, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for, and on behalf of, the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held the 20th day of Auqus-t , 1974, by the following vote, to wit: AYES: Counci Tunen Frazee, Chase I:cCoonas, Lewis and Skotn c ,c ‘3 ATTEST : MARGARET E. ADAP45, City Clerk i LEGAL DESCRIPTION: ALL THAT PARCEL OF LAND DESIGNATED AS'IPARCEL D" IN THE C ITY OF CARLSBAD AS SHOWN AND DELINEATED ON PARCEL MAP NO. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DlEGO COUNTY, EXH I B IT "AIt 1. 2. 3. 4. 5. The the Grading and paving of adjacent public 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. Participate in the construction of a sewer line along the entire length of Kelly Drive. Extent of partici- pation to be based on benefit derived, above applies to that portion of Kelly Drive bordering easterly boundary of the subdivided parcel (maximum width 84 feet) which falls within the basic parcel. -- - -- All.construction shall conform to City standards at time the work is done. Exhibit "B" -. . c I 5 I.( . 13 1: 1: 2.4 1E 1E .17 ._ __ I& 19 20 21 22 23 24 . 25 26 -27 28 29 30 31 32 CITY OF CARLSBAD . .'1200 Elm Avenue . Carlsbad, California I .- Computed on Full Value of Propert Or Computed on Full Value Le and Encumbrances Remaining at Timi - MAIL TAX BILL TO Owner Named on Line 7 at Address Named on Line 8 Conveyed, . - OWNER: Carroll R. Kelly ... - - . ,-. 1. CITY hereby approv and by this re convenience s a part hereof, it B, attached hereto and by this reference incorporated herein. forthwith, at OWNE I. I I . 1( 33 1: 22 14 1E . .. 1E 19 20 21 22 23 24 25 26 - 27 28 29 .30 31 32 property, and shall then fctrthwith construct said public improvements according to said plans and specifications, - to the approval of, CITY. this paragraph may, at CITY'S sole discretion, demand said work as to all said impro ents on all said property, or as to any portion thereof, and the failure kiy CITY to demand' The demand by CITY mentioned in .. shalr not constit to demand such work the future. aid property or a part. thereof is sold atica 5, In the event OWNER fails to act as required i above, after written demand therefor by CITY, CITY may perforr OWNER~S said obligations and OWNER shall upon written demand therefor, reimburse to CITY its costs therefor, 6. his 3greement shall be binding upon and inure to the benefit of the heirs, successors, assigns, and successors in interest property, s 1 run with said real property, an equitable servitude upon said real property, CITY OF CARLSBAD, A Municipal STATE OF CALIFORNIA ) ss , CO'iiPu'TY OF SAX. DIEGO ) On this $1 ST day of /Ilcqus-& , in the year # P7q 8 before me, vhrn,n,R m, </nl+k * , a Notary Public in and for the State, persgnally appeared vomgm cf. FAA9 E,?= , known-to n:t to be Mayor of the City of Carlsbad, California, and known to me to be €he person who executed the with nstrument on be -2: 3 2 3 4 5 6 7 8 c 25 26 -27 28 29 30 31 32 said public corporation, agency or political subdivision, and acknowledged to me that such Ci'ty of Carlsbad, Californ the same. w. P gAPwe MAY 9, 1971 ii Virginia M. Smith ?! WOTARV PU8W - fWlHhNl* ' . *RINClCtb OfFm tw i; - !%N DIEQQ COUNTY 1' . : ~~*:~*&F*L&d~-*-4d!¶, - - --.-______. TO 444 CA (7-73) TKIS INSURANCE AT)CDR COMPANY (Attorney in Fact) STATE OF CALIFORNIA "..__ ----- __ COUNTYOF bAN uJ.&G(J On 1 before me, the undersigned, a Notary Public in and for said State, known to me to be the person, whose name& subscribed to the within instrument, as the Attorney- in fact of and acknowledged to me that he subscribed the name - of Carroll R. Kelly thereto as principal- and his own name- as Attorney- in fact. WITNESS my hand and cfficial sed. .- __ - - - . -. personally appeared Robert Patrick Kelly Approved as to form: ..