HomeMy WebLinkAbout1975-01-07; City Council; Resolution 35631
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RESOLUTION NO. 3563
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
RESOLUTION NO. 1507 APPROVING PRECISE
PLAN NO. 20 FOR MARJA ACRES COUNTRY
STO-. APPLICANT JAY F. AND MARYON D.
HOFFMAN
WHEREAS, a verified application for a certain property,
to wit:
That portion of Lots E and I of Rancho Agua Hedionda
in the County of San Diego, State of California,
according to Map 823 filed in the office of the
County Recorder of San Diego County, November 16,
1896,
has been filed with the City of Carlsbad and referred to the City
Council; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code.: and
WHEREAS, the public hearing was held at the time and in
the place specified in said notice on December 17, 1974; and
WHEREAS, the applicant has complied with the Public
Facility Policy of the City of Carlsbad and has provided the
necessary information which insures public facilities will be
available and current with need: and
WHEREAS, an Environmental Impact Report was certified
as complete for a previously issued entitlement for this project,
and the Planning Director has found thepreciseplan (PP-20) to
be in prior compliance with the City of Carlsbad Environmental
Protection Ordinance of 1972; and
WHEREAS, at said public hearing, upon hearing and con-
sidering the testimony and arguments, if any, of all persons who
desired to be heard, said City Council considered all factors
relative to the amendment of said resolution and found the fol-
lowing facts and reasons to exist:
1. Real estate offices are compatible with existing
and allowed uses for the Country Store. ...
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2. Real estate offices are compatible with the
General Plan Land Use designation of neighborhood com-
mercial.
3. The parking will not be eliminated, but will
be located on a separate lot from the rest of the
precise plan. Ample parking already exists to serve
the use.
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 Resolution No. 1507 is amended to allow real
estate offices as a permitted use and to reduce parking by 11
spaces on property located on the south side of El Camino Real,
800 feet east of Kelly Drive and west of the present City boun-
dary, and subject to the following conditions:
(a) All conditions of Resolution No. 1507 shall
apply to this approval.
(b) The applicant shall revitalize landscaping
according to the approved landscape plan for the project and to the satisfaction of the Parks and Recreation
Director.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the Carlsbad City Council held on the 7th day of January , 1975
by the following vote, to wit:
AYES: Councilmen Frazee, Chase, Lewis and McComas.
NOES: None
ABSENT: Councilman Skotnicki.
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ATTEST :
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( SEAL )
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. P.S. NO. .237/ 1
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.. .?I, ' - -% (., _- r ?q 237 Exhibit "A" e (- '. .
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fw rr.; t us 1.:
CHAT'PCRTSON OF ?HE SOUTHEAST QUARTER'OF THE SOUTHNEST QUARTER
GF SECTION 31v TO\JNSHIP 11 SOUTH2 RAElCE 4 WEST9 SAN DERNARDlNO .
CASE AND MERIDIAN9 Ih' THE CITY OF CARLSDAD, Ifi THE COUIJYY OF
SAM DIEGOO STATE OF CALfFOHNIAp ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLtOWSd
--
DECIb4NlNC AT THE SOUTHEAST CORNER OF LOT 1 OF CEDAR HftLS ADDITION . AS SHOWN ON MIIP NOS 5329 FILED fN THE OFFICE OF COUIJTY RECORDER
OF SAN DIEGO COUNTY1 THENCE SOUTH 89*50° WEST - RECORD NORTH
.119059' IJEST 5) ALONG THE SOUTH LINE OF SAID MAP NOo 532~ A DISTANCE
OF 527082 FEET VO THE NORTHEAST COfiNER OF THE 1 ACRE PARCEL
OF LAND DESCRIBED IN DEED 7'0 CQ ROY WOnKMANo ET UXP RECORDED 1iARCH 219 1956 AS DOCUblENP NOo 30501 OF OFFICIAL RECORDS3 THENCE
CONTlNUfNG SOUTH 89'58' WEST* 97~57 FEET TO THE TRUE POINT
SOUTI4 89059l EASfo 21000 FEET4 THENCE SOUTH 000O030" EAST9
LINE QF SAID LANDS THENCE ALONG SA10 EASTERLY LINED SOUTH OQ0003QH
'EAST9 139068 FEET TO YHE SOUTHEAST CORNER OF SAlD LAND1 THENCE
ALONG THE SO~~THERLYP WESTERLY AND NORTHERLY LINE OF SAID LANDp
OF OEGfGNlNGD THENCE SOUTH 000Q~30ft EAST9 lllaOO FEETa THENCE
. 70~00 FEEPi THENCE SOUTH 89059# EAST9 76057 FEET TO THE EASTERLY
_. - -- ', , IdORfH 09059° WEST, 132107 FEET8 THENCE NORTH O0OU'3On WESTS . 328a64 FEET AND NORTH 89*56' EASVo 34~50 FEET TO THE TRUE POINT
@'L OF BEG1NNiNGr - -------*- .ri- ~ ___ - _- -1- =&*.-..s*&-=.-- - -^-..r-----r~.-L---*'--- ..--:-.1*-.i--i*--.:i . .. *-.- ------a- i i
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'b 6 .\ PARCEL TWO
THAT PORTION OF THE SOUTHEAST 9UARTER OF THE SOlJnlWEST QUARTER
BERNARDINU MERIDIAN, IN THE CITY OF CARLSBAO, COUNTY Of
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAt.PLAT.MEREOF,
-
k.
OF SECTION 31, Po!wsHrP 11 SOUTH, RANG? 4 WEST, SAN
- DESCRIBEI? AS FOLLCVIS: .z
BEGINNfhG AT THE SOUTHEAST CORNEP OF LOT 1 CEDAR HILL
OF THE C3:!'JTY RECORDCP CF SAN DIEGO COIJNTY; THENCE SQUT!i
89058' \!EST (RECORI! NOPTH 8fI0f9' !4"ST) ALONG THF SOUTH LINE
OF SAJD PA? NO. 532 A PTSTANCE Of 527.82 FFET TO THE
NORTIEAST CORNER OF TH5 b ACRE PARCEL OF LAW7 DESCRtRFD
IN DEEP 'P.3 C, ROY WORKMAN,' FT UX, RFCOROED MARCH 21, 1956 AS ! DOCU1'4EEIT tJO. 38581 OF OFFICIAL RECORDS, BEING THE TRUE
POINT CF DEGINYfNG; THENCE CONPTNUlNG SOUTH 83"5R'. WFST
97.57 FEET; rt+E;.rcT= SOUTH oOav3o" EAST ii~m FEET; THENCE
SOUTH 89053' EAST 21.00 FEET; rHErcF SOUTH ooot"*' FAST --
78.00 FFET;,THENCE SCUT!? 89O5q' EAST 76.57 FFET TO T!-E
EASTERLY LIN~ OF SAID LAND; THENCE NORTH O0OU'3Ot' WEST 189.08
FEET TO T;IE TRUE ?OItlT OF BEGINNING.
EXCilPTTklS 'IHAY PORTIn,N LYING SOUTHFRLY OF THE SCtjTHERtY LTN:
OF ROAD 5IJRVEY NO. 690 (FOREST AVENUE) AS SAIP FOREST AVENUE
WAS EXCEPTED IN DEED TO GUNNAR A. GUNNARSON, ET UX,
P,fr'CORDED FEBRUARY -1, 1964 AS DOCUMENT NC, 20050 OF OFFICTAL
ADDITI@:r AS SHCWN ON 'YAP NO. 532, FILED IN THE OFFICF
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i RECORDS 3 -
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Parcel Split No. 237
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 -
abutting all street frontages of property.
Planting of street krees or deposit of monies with
the City to plant said trees,
Installation of street fights and payment of 18-month
energy charges as required by City Engineer.
3.
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RECORDING RE
\HEN a
CITY OF CARLSBAD
Carlsbad, California 92008 Documentary Trans'fer Tax$ Nr L - - Computed on Full Value of Propert-1 MAIL TAX BILL TO Co.nveyed ,
. 1200 Elm Avenue
- - Or Computed on Full Value Less Lie
and Encumbrances Remaining at Time
of Sale.
Owner Named on Line 7 at
Address Named on Line 8
, mtm- mcfl&R ~4gRew5?e.?hiR?%. aator $a9 h'lrm .Name
FUTURE IMPROVEMENT AGREEMENT
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William T. Price and Diana D. Price OF7NER :
* 1355 Forest Avenue, Carlsbad, Ca. 92008 ADDRESS:
DATED : -
Assessorls Parcel Nos. 156-110-29and 30
\. PARTIES: The partieslto. this agreement are the City of Carlsbad,
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 Lereof, hereinafter referred to as OWNER, without regard
to number or gender,
COVENANTS: It is mutually agreed by the parties hereto as follows
1. CITY hereby approves the Parcel Split NO. 237, Forest Ave.
as per. Planning Commission Resolution No. 950.
certain real prop rty, warranted by OWNER t
wholly owned by him, described on Exhibit A, attached hereto
and by this reference incorporated herein. Also shown for
convenience sake on Atta,chment A, attached hereto and made
a part hereof.
2. c~m does hereby temporarily waive-the requirement that OrT&rER
install along the street frontage of said property those
certain public improvements listed on Exhibit B, attached
hereto and by this reference incorporated-herein,
3. upon written demand therefor by CITY, addressed to OWNER at
the address mentioned on Line 8 of Page 1 hereof, OWNER shall
forthwith, at OWNER'S sole cost and expense, prepare plans
and specifications, approved by CITY, for the construction i.
e,
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of said public improvements in the street frontage of said
property, and shall then forthwith construct said public
improvements according to 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 por'tion thereof, and the failure by CITY to demand
said work as to any of said improvements shall not constitute
a waiver by CIW of its continuing right to demand such work-
iI 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 oblzgatidn 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,*successo?s 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 Municipal
Corporation of the State of California
STATE OF CALIFORNIA ) ss
COOETY OF SAN DIEGO 1
On this 2D - day of , in the year i97.g ,
before me, v, FU 1 r-) I a-
the State, persodally appeared qo aei=t- c 8, Fru~op , known to RIC
to be Mayor of the City of Carlsbad, California, and known to me
to be the person who executed the within instrument on behalf of
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(-. Tm*,j+j , a i7otary Public in and for
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,said public corporation, agency or politi.ca1 subdivision, and
acknowledged to me that such City of Carlsbad, California execute(
the same.
WITNESS my hand and official seal.
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OFFlCfAt SEAL
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STATE OF CAL.IFORNIA ss,
COUNTY OF SAN DIEGO )
On November 29, 1974
Public io.and for said State; personally appeared
before me, the undersigned, a Notary
William T. Price and Diana Dow Price , known to me to be the personls
whose name/s ‘is/are subscribed to the within instrument and
WITNESS my hand and official seal.
Signature
NOTARY PUBLI C - CALIFORNIA
SAN CIEGO COUNTY E. Lynne Riemer
Name (Typed or’ Printed) P. 0. Box 1247, Carlsbad, CA. 92008
OFFICIAL SEAL Signature
jw SAN CIEGO COUNTY - ‘-nne Riemer My Commission Expires Feb. 7,197.7 ... __.- 1- ._._ --7 - ---2 .- L- 2t\
Approved .as to form: