HomeMy WebLinkAbout1975-03-04; City Council; Resolution 3602RESOLUTION NO. 3602
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
WITH CONDITIONS TENTATIVE MAP (CT 74-22)
TO ALLOW A 5-LOT SUBDIVISION ON PROPERTY LOCATED SOUTH OF CHINQUAPIN AVENUE AND NORTH OF THE AGUA HEDIONDA LAGOON BETWEEN THE AT&SF RAILROAD AND 1-5. APPLICANT: PAPAGAYO DEVELOPERS.
WHEREAS, on December 18, 1974, the Carlsbad City Planning
Commission adopted Resolution No. 1124 recommending to the City
Council that Tentative Map (CT 74-22) be conditionally approved;
and
WHEREAS, the City Council of the City of Carlsbad, on
February18,1975 considered the recommendation of the Planning
Commission; and
WHEREAS, an Environmental Impact Report was certified
as complete for a previously issued entitlement for this project,
and the Planning Director has found theTentative Map to be in
prior compliance with the City of Carlsbad Environmental Protec-
tion Ordinance of 1972;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
A. That the above recitations are true and correct.
B. That Tentative Map (CT 74-22) is hereby approved sub-
ject to all applicable requirements of the Carlsbad Municipal
Code and to the satisfaction of the following conditions:
1. All requirements as set forth in City Council
Ordinance No. 9311, covering Specific Plan No. 31,
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adopted July 5, 1972, shall be met.
2. Applicant shall combine Lots -r and 5 as shown on
the Plot Plan, Exhibit A, dated 12/2/74, on file in the
City Planning Department into one lot.
3. All on-site drainage systems shall be privately maintained subject to approval of City Engineer.
building laterals, shall be publicly maintained, subject
to approval of City Engineer.
4. All on-site sewer systems, except for individual
5. Paved vehicular access shall be provided to all
sewer structures.
6. Public access to the Lagoon shall be provided
within a 20-foot minimum width easement. A minimum
6-foot-wide paved pathway shall be provided within this
easement. Permanent concrete steps and handrails shall
be provided in areas where slopes exceed 20%. This condi- tion will apply to Phase I only.
7. Typical details of proposed street construction of Chinquapin Avenue and Harbor Drive shall be subject to the City Engineer's approval.
8. Developer shall install traffic signal at Tamarack Avenue and Jefferson Street.
9. A copy of agreement between San Diego Gas and Electric Company and Hunts Partnership shall be made a part of City documents.
10. Points of ingress and egress to be established after study of traffic in area by City Engineer.
C. That said Tentative Map, together with the provisions
for its design and improvement and subject to the above conditions,
is consistent with all applicable general and specific plans of
the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 4th day of March , 1975,
by the following vote, to wit:
2.
AYES: Councilmen Frazee, Lewis, Skotnicki and
Councilwoman Casler NOES: None
ABSTAINED: Councilman Chase
ATTEST :
3.
CONTRACT FOR FUTURE PUBLiC 1MPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as ‘!City”, and . Carlsbad-Inves-ent
Corporation, a California corporatiog hereinafter referred to as “Proper-
ty Ow’ner”.
REC i TALS:
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. WHEREAS, Property Owner has appl ied’ to City for a parcel map
approval (Parcel Split No. 259 - Oak Ave.)
for t.he real property hereinafter described, now under Property Owner’s
ownership; and
WHEREAS, it has been found that said property is not suitable
for development in its present conditionj however said property wouj-d be.
suitable for development if certain pub1 ic, improvements hereinafter 6
described are constructed and certain irrevocabl-e offers of dedi
are made to City; a-nd -
* --- WHEREAS, the Municipal Code Of City and City Engineer’s tentative
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parcel split approval letter dated 10 February 1975,
attached hereto and incorporated by reference herein require certain
2 improvements and dedications as a condition of approval of this
parcel nap ; and
WHEEEAS, Property Owner has requested said parcel map
be granted by City in advance of the t-ime said. improvements are to be
made; and
* WHEREAS, Property Oi.lncr, in consideration of the approval of
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sa id parcel map .. . des i res to enter into this agrement
secciring the construction of said improvements, and City ha5 deterniined
it to be in the public interest to agree to temporariiy postpone said
cortst ruc t i on;
NOW, THEREFORE, IT IS AGREED between the parties hereto as
fol 1 ows:
Section 1. That City agrees to record any irrevocable offers r
of dedicaiSon made by Property Owner for parcel map approval (Parcel
Split No. '259 - Oak Ave.).
Section 2. That Property Owner, in lieu of making the herein-
after described improvements before approval of said parcel map
is granted, agrees to install and construct, or cause to be installed
or constructed, said improvements in accordance with plans and specifi-
cations approved by the City Engineer within 60 days after wr-itten
demand so to do by City. Property'Owner shall not be required to make
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said improvements 'before 10 February 1976 or w.ithin such further period
of time as is granted by City, provided; however, that upon the happer?ing
of either of the following occurrences said improvements may, at the-sole
election of City; be required to be made sooner than said date or such
- extended period of time which- may have been granted by City:
(a) When.the City Council finds that the owners of 40% or more
of the frontage, including the frontage of Property Owner, betweeyt inter-
secting streets on both sides of the street upon which the property herein
described has frontage, have agreed with City to- insta?
ments to City specifications..
s t ree t imp rove- -
\+ (b) When owners of more than 50% of the frontage, between .-
intersecting streets on both sides of the street upon which the property
herein described has frontage, have petitioned the City to form an
improvement district for the improvement of said Streets.
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Said improvements shall be made without cost or expense to
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City. City estimates that the cost of engineering and construction of
said improvements at the time of signing this contract is
Property Gwner hereby acknowledges that said cost is a reasonable
estimate of engineering and construction costs at this tiriie and that the .
actual cost of saiiie at soiiic time in the Future may exceed this e5tini;tc.
$2,934-25. .
Section 3. That for the faithful performance of the pt-o~~iscs
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and covenants herein contained, Property Owaer hereby grants to City a
1 ien upon the hereinafter described property in the aniotrnt of $2,334.25,
plus any future increases OF cost in excess of this sun resulting from
increased engineering and construction COSt5, and in the event Property
Owner, his successors, heirs, assig.ns, or transferees fail to install
and construct said improvements in the manner and within the time specj-
fied herei I , 'he agrees that City may do any or a-11 of the following:
a) Have the necessary engineering for said improvements
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done, and ins'tall and construct said improvements by contract or other-
wise. City or its contractor and his employees may enter upon any
poition or portions of the property reasonably necessary for said
engineering and construction, and the entire cost and expense shall be
charged against said property and payable'by said Propekty Owner, his
successors, heirs,, assigns, or transferees immediately upon completion
of said .improvements.
completion, City may foreclose said lien as provided by law for the
foreclosure of mortgages.
In the event same is not paid within 3@--days from.
(b) Direct the City Engineer to estimate the cost -of necessary
engineering, and the work required to install'and construct said improve- .
nd foreclose said lien in said amount. -
. (c) Pursue any remedy, legal or equitable (including those ..
specifically referred to herein), for the foreclosure of a lien, and the. .
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- Property Owner, his successors, heirs, assigns, and nsferees, shall ..
be liable for reasonable attorney's fees a5 a cost in said 'proceedings',
Section 4: That it is agreed that a'nything herein contained to '.
the co6trary notwithstanding, the promises and covenants made herein shall
not be binding upon the holders, mortgagees, or beneficiaries of any
~urchase. money mortgage or purchase money deed of trust for value which
has been or may in the future be executed by the Property Owner-, his
s'uccessors, heirs, assigns, or transferees, and the lien hereby created
shall be and is hereby subordinated to and declared to be inferior and
subsequent in lien to the lien of any such purchase money mortgage or
purctisse money deed of trust.
of no force or effect against any owner whose title to the property here-.
inafter dcscribed is acquired by or as a result of Ef foreclosure or
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The lien hereby created shall likewise bk'
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trtistet"s) sale of any stich purchase money mortgage or purchase I money'
deed of trust.
Section 5. That at any time during the'peridd herein prov;d~_d,
the Property Oxner, his successors, heirs, assigns, or traL3sferees may
deposit a cash bond or post a surety performance bond satisfactory
the City to charge said surety with the'cost. of said improvements; the
amount of bond to be the estimated cost of engineering and improvements
at the tine of such deposit or posting as-ascertained by the City Engineer,
to
and that upon deposit of said cash or posting of said bond the City
agrees to release the property, or any portion of it as to which said
deposit 3r posting applies, from the provisions of this agree", and
to execute any necessary release to enabfe the record title of the pro-
perty to be reieased from the lien herein imposed.
.. Section 6. Said City shall not, nor shall any officer or
employee thereof, be liable or responsible for any accident, loss or
damage happening ar occurring to the work or improvements specified in .
this agreement prior to the completion and acceptance of the same, nor
shall said City, nor any officer or employee thereof, be liable-for
any persons or property injured by reason of said work or improvements,
but all of said liabilities shall be assumed by said Property Owner, and
essors, heirs, assigns, and transferees, and they sha.51 save the
City harmless from, and indemnify the City against, any and all claims,
suits and liabilities of or to any person or property inj
ing to be injured as a result of said work or rovemen t
perty Owner, and his successors; heirs, assign
agrees to protect said City and the officers and employees thereof from
ail liability or claim because of, or arising out of, the use of any
patent or patented article in the construction of said improvements,
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. Section 7. It is further agreed that said Property Owner will .
at a 11 times up to the cornplet ion and acceptance of said work and iiii-
proveliients by the City, give good and adequate warning to the traveling
public of any dangerous or defective conditions of public property.
Property O:./ner hereby agrees to pay for such inspection of improvements .
as my be required by the City Engineer of City.
The
shall
Section 8. This agreement and the covenants contained herein
be bindinq upon and inurc to the benefit of the sue-ccssors, heirs, (4) f /
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assigns, and transferees of Property Owner, shall run with said rea}
property, and create an equitable servitude upon said real property,
Section 9. A descriptioq of the property referred to herein
and upon which said t-ien is imposed is described as follows:
That portion of Tract No. 115 of Carlsbad, in the City of Carlsbad,
County of San Diego, State of California, according to amended Map
of the Tobrn of Carlsbad, Map No. 775, filed in the office of County
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of San Diego County, Februarye.15, 1894, described as follows:
Commencing at the point of intersection of the Southeasterly line
of said tract with the East line of said tract, being the most
Southerly corner of the parcel of land described in the deed to
Nilliam Kreutzkamp dated February 25, 1924 and recorded in Book
1253, page 425 of Deeds, records of Sanbiego County; thence' South
55O27' F7est along the Southeasterly line of said Tract-70-99 feet ..
. to the true point of beginning; thence South'55°27F West 70.00
feet to a point on the boundary of said tract, which is also the
most Easterly corner of a parcel of land deeded to'William L. Rantsey
and Elizabeth M, Ramsey by deed recorded June 23, 1947 in Book 2426,
page 291 of Official Records; thence North 34O33' West along the
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Ssction 10. The required improvements to Se constructed ! an6
the esthated costs thereof are as follows:
-Improvements Estinated Costs
450.00 $ 1. Engineering
2. Full 4 street improvements, including but not limited to, pavement removal and grading, in-
stallation of curb, gutters, sidewalks, A.C, paving (2%" on 6" min.), driveway approach,
street lighting and street trees along 70 feet
Estimated engineering & construction cost
of frontage on Oak Ave. 2,217.50
2,667.50
. 266.75 __. 3. contingencies (10%)
TOTAL COST
Dated: 2-II -7g
I., Secretary
4 CITY OF CARLSBAD, a Municipal
Corporation of the State of
BY :
3 Robert C. Frazee, Mafir -
ATTEST:, ,
I' ;, 6 $1
APPROVED AS TO FORM:
u city 'attorney
TO 443 C
(Corpor2tion)
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n Sewetx-y of the corporation that execrctcd the within Instrument.
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FEZS & DEPOSITS