The URL can be used to link to this page

Home My WebLink AboutInciyan, Max and Ann; 1990-04-27;April 27, 1990 Nicholas C. Banche Attorney At Law 810 Mission Ave., Suite 201 Oceanside, CA 92054 RE: AGREEMENT FOR IMPROVEMENTS TO LINCOLN STREET AND OAK AVENUE - MAX AND ANN INCIYAN The Carlsbad City Council, at its meeting of April 24, 1990, adopted Resolution No. 90-120 approving an agreement with Max and Ann Inciyan for improvements to Lincoln Street and Oak Avenue. In accordance with instructions from our Engineering Department, enclosed is a fully executed original agreement. Also enclosed for your records is a copy of Resolution No. 90-120. A certified copy of Resolution No. 89-360, vacating a portion of Oak Avenue and Lincoln Street, has been sent to the County Recorder for recordation. As soon as the recorded document is returned to us, we will forward a copy to you. y%& Assistant City Clerk Encs. 1200 Carlsbad Village Drive - Carlsbad, California 92008 - (619) 434-2808 '> 0 0 .. AGREEMENT FOR IMPROVEMENTS RELATED TO LINCOLN STREET AND OAK AVENUE CITY OF CARLSBAD, CALIFORNIA THIS AGREEMENT, made and entered into as of the Jfl day of , 1990, by and between the City of Carlsbad, a municipal corporation, hereinafter referred to as IICityftl and Mr. Max and Mrs. Ann Inciyan, hereinafter referred to as Itproperty owners. It / RECITALS WHEREAS, Mr. Max and Mrs. Ann Inciyan, hereafter referred to as "property owners," are the owners of certain real property addressed as 3076 Carlsbad Boulevard, Carlsbad, California, 92008, Assessor's Parcel Number 203-261-01; and WHEREAS, the City Council of the City of Carlsbad, California, hereafter referred to as llCity,ll adopted Resolution No. 89-360 on October 10, 1989, vacating certain portions of Oak Avenue between Lincoln Street and Carlsbad Boulevard and Lincoln Street between Oak Avenue and Carlsbad Boulevard for the benefit of said property owners. A copy of said Resolution is attached hereto as Exhibit A, Pages 1 through 6, inclusive, and incorporated by reference herein; and WHEREAS, said Resolution included Condition No. 4 as follows: "That the vacation of said portions of Oak Avenue and Lincoln Street is conditioned upon the guarantee of the Oak Avenue and Lincoln Street improvements to the satisfaction of the City Engineer. I! ; and .I 0 0 - >% 2 WHEREAS, said Resolution included Condition No. 5 as follows: "That City Clerk is instructed NOT TO RECORD this Resolution of Vacation until terms of Condition 4 have been complied with.If: and WHEREAS, in the interest of fulfilling Condition 4 of said Resolution, the property owners of said property and City desire to enter into this agreement. NOW, THEREFORE, IN CONSIDERATION of these recitals and the mutual promises and covenants contained herein, Mr. Max and Mrs. Ann Inciyan and the City of Carlsbad do hereby agree as follows: 1. That Condition No. 4 of said Resolution requires satisfaction prior to the City's recordation of said street vacation. 2. That in satisfaction of said condition, the property owners shall hereby deposit a total of $32,627.50 in cash with the City within forty-five (45) calendar days of the date of the execution of this agreement. Said amount represents the estimated cost of the improvements required of Resolution No. 89-360. 3. That the City shall deposit said funds in an account to be utilized to offset costs for the City's construction of said improvements. Any and all interest earned on said deposit shall accrue to the benefit of the property owners and shall be utilized by City for the cost of the construction of the improvements. 4. That said deposit of funds represents the estimated cost of constructing the improvements. The total and final cost for the construction of said improvements shall be determined by the actual 1 ., 0 0 3 unit price cost paid by City to affect the installation of said improvements. Following the completion of the construction of said improvements by the City, the City shall prepare a detailed accounting of all expenses related to said improvements and shall forward same to the property owners. In the event final costs for said improvements are less than the value of the deposited funds with the City, the City shall thereafter return any and all unexpended funds to the property owners within forty-five (45) calendar days following completion of the detailed accounting. In the event final costs for said improvements exceed the value of the deposited funds with the City, the property owners shall forward to the City the value of said additional costs within forty-five (45) calendar days following receipt of the detailed accounting. Failure on the part of the property owners to remit said additional costs to the City within the prescribed time period shall give rise to the City's filing a Notice of Lien on the property with the San Diego County Recorder and San Diego County Assessorls Office. 5. That following the deposit of funds identified in Paragraph 2 above with the City, City shall cause the recordation of the street vacation identified in Resolution No. 89-360. 6. That the parties to this agreement do hereby agree that the obligations, promises, and covenants contained herein shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 7. That the City does hereby pledge its best efforts to affect the installation of the improvements required of this .. 0 0 4 4 agreement at a time consistent with the City's construction of other adjacent street improvements. 8. That this agreement shall become effective on and from the day and year first above written. IN WITNESS WHEREOF, we have hereunto set our hands and seals. APPROVED AS TO FORM: ATTESTED: i ( :.. 1 2 3 4 5 6 7 8 9 10 I' 12 13 14! l5 I l6 i l7 j 18 19 PAGE 1 Or 0 a e RESOLUTION NO. 89 - 3 60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CmSBm, CALIFONh VACATING A PORTION OF OAK AVENUE AND LINCOLN STREET. BE IT RESOLVED by the City Council of the City of Carisbad, California 1. That all publication and posting notices regarding the proposed * portions of Oak Avenue between Lincoln Street and Carlsbad Boulevard and Lin between Oak Avenue and Carlsbad Boulevard, pursuant to Resolution of Inter No. 89-332, have been given as required by law. 2. That the Ciry Council did hear the evidence offered by all person in said proposed vacation and does find from all the evidence submitted that Oak Avenue between Lincoln Street and Carlsbad Boulevard and Lincoln Stre Oak Avenue and Carlsbad Boulevard, in the City of Carlsbad, County of San 1 of California, particularly described on Exhibit "A" and Exhibit "B", attached he. this reference incorporated herein, is unnecessary for present or prospec purposes and does hereby make this order vacating said portions of Oak Aven Lincoln Street and Carlsbad Boulevard and Lincoln Street between Oak P Carlsbad Boulevard. -- 21 I 22 23 24 25 26 27 i 3. 4. That an easement for all existing utilities is excepted from this 7 That the vacation of said portions of Oak Avenue and Lincol conditioned upon the guarantee of construction of the Oak Avenue and Lir improvements to the satisfaction of the City Engineer. /// /// i 1, I 21 I 31 4 1 / 5 5. That City Clerk is instructed NOT TO RECORD this Resolution c until the terms of Condition 4 have been complied with. I PASSED, APPROVED AND ADOPTED at a regular meeting of the Ca Council held on the 10th day of October , 1989 by the following vote, to v AYES: Council Xembers Lewis, Kulchin, Pettine, Yamaux an( 6l 7 NOES: None I I I 8i I 10 11 12 9l ABSENT: ‘None ATTEST: 17 24 1 25 11 EXH I6 IT e PAGE 3 0 .., LEGAL DESC3IPTION OAK AEPIUE ST3EET VA-CATZCN That portio2 of Oak Avenue as shown on the Town of Carlsbad ,"i:ac :here05 No. 775, 5led in the Office of the County liecorder of sa-. Diego :County on February 15, 1894, being in tb.e City of C~~LSS County of San Diego, State of California, arid described as foi:~<~st aegiming at the Southeast corner of Block 15 of said Yap No, ~75; t,",er.ce along th'e Northern right of way of Oak Avenue , South 55 i5i~ Nest 80.78 feet; theme leaXing said right of way, South 3k0L3iL45ii 10.00 feet: thence North 55 16'15'' East 95.98 feet to the beginning a 5 foot radius curve concave Westerly, a radial line to which bear South 34'43'45" Zzst; thezce $long the arc of said curve 7.85 feet through $ central angle of 90 00'00": thence taggent to said curve, Xorth 3'1 43'45" Nest 5.00 feet; thence South 55 16'15" Xest 20.20 i to the ;oint of beginning. Coctaining 1,004.44 sq. ft. - *e;- ,/- h ;i6 ,,$Lpy I 3.3. EevJitt, LS 525 ate i X "J-/fgO/ OF2 ExH/8'7- @W 14 A u2Wu-f VA@T/O/v EXHIBIT rt PAGE 4 , e' -- 1- -- 1 I 0-#- /'2 ?-/I(:,;/ J (-,',- /-, / * @ # I- /s /- 6. /L: ,n,;A; ,'z: ,yc* -7 --< t / L. s 5S"/&'/S*LA/ so.7.a' u N 5 5' /6 '/s'*E 9s. '78 ' . ?q x. I 'I klQ '(71 fl 0 0 rc)! # I- - e i- A e GA .L A VtW L'F I , . I q ? \ 3 I \I I 0 -- I i i 1 I I r 1 EXHIBIT PAGE 5 j- I 'I 0 e 4, LXAL CESCFIPT Tor,{ LmcoL:J SWEET VACATIC~.I ?'hat portio?. of Lincoln Street as show on Town of CarlsSai :(lap Do. 775 filed in the office of the County Recorder of sari g+g9 County ox February 15, 1894, being in the City of Carlsbzd, County of San Diego, State of California, described as foiio~s~ 3eginning at the Southeast corner of 3lock 15 of said Ma:, ?io. 775 tb.ence along the Westerly right of way of Lincoln Street, ,'lor<h 3ic043*45" Wes; llb.43 feet; thence leaving said Westerly right of way, North 55 16'15" East 20620 feet: thence South 3b043'45" Easi; 111L.43 feet; thence South 55 16'15" West 20.20 feet to the point of beginning. Containing 2,311.49 sq. ft. /--f-/--- -- 6/5/89 -4<.--- -I -_ B.3. DeWitt S 4525 Date c. * - NO. Exp.3~X-\?o 1.S 45:: . : ; I' /> ' .% I + /.', :; * 9'c o& --. . .- 40' I -- I do ' L- I -- L I 1 k I I I I Q! I 1 I \ I