HomeMy WebLinkAbout1973-04-03; City Council; 816-1; Hosp Grove Apts future agreementTHLCITY OF CARLSBAD, CALIFORNIA
Aqenda Bill Mo.
Referred To:
Date April 3, 1973
Subject:- Submitted By:
Carlsbad fract 72-12 (P.S. #191) Hosp Grove Apts.
Westerly of El Camino Real between the proposed Public Works Director
Elm Ave. extension and Marron Road (future agreement ^
for traffic signal & miscellaneous imprnw^mpni-t;)
* Statement of the Matter
1) The conditions of Specific Plan Ordinance No. 9321, Items 5, 6, & 7,
of Section 3, state respectively:
1) that median curb and gutter and the final lane of paving be
installed on the half of El Camino Real bordering the tract, and
2) a median break, including a northbound left turn pocket be
installed on El Camino Real opposite Hosp Way and
3) a three leg fully actuated traffic signal be installed at El
Camino Real and Hosp Way. The construction of these improvements
would not be practical at this time.
On behalf of the City, the Mayor and City clerk are required to execute
a future agreement for these conditions (See Exhibit 1)
Exhibit
1) Future Impro/ement 'Agreement
Staff Recommendations
Adopt a motion authorizing the Mayor and City Clerk to execute a future
agreement for improvements as stated above for CT 72-12 (PS #191)
DATE
AS No.Date: Aprl1 3, 1973
City Manager's 'Recommendation
Concur.
Council'Action
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO
CITY OF CARLSBAD
1200 Elm Avenue
.J. California 92008 Documentary Transfer Tax$_
MAIL TAX BILL TO
Owner Named on Line 7 at
Address Named on Line 8
— Computed on Full Value of Property
Conveyed,
— Or Computed on Full Value Less Lie'
and Encumbrances Remaining at Time
of Sale.
it or Firm Name
FUTURE IMPROVEMENT AGREEMENT
Of
OWNER; Grove Apartments Investment Co, a Partnership
v CA 90210
'ADDRESS; c/o BernaVd frifcron. 9713 Sam?a>Honica Blvd. Beverly Hills
DATED:
PARTIES; The parties,to 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 hereof, 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 Carlsbad Tract # 72-12
(Parcel Split #191) Assessor's Parcel #s 167-250-18,l6?-250-2(
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.
2. CITY does hereby temporarily waive the requirement that OWNER
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
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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
5 this paragraph may, at CITY'S sole discretion, demand said
6 work as to all said improvements on all said property, or
as to any portion thereof, and the failure by CITY to demand
8 said work as to any of said improvements shall not constitute
9 a waiver by CITY of its continuing right to demand such work
10 in the future.
11 4. In the event title to said property or a part thereof is sold ,
12 the herein stated obligation shall automatically also become
13 the obligation of the new owner.
14 5. In the event OWNER fails to act as required in paragraph 3
15 above, after written demand therefor by CITY, CITY may perform
OWNER'S said obligations and OWNER shall upon written demand
17 therefor, reimburse to CITY its costs therefor.
18 6. This agreement shall be binding upon and inure to the benefit
19 of the heirs, successors, assigns, and successors in interest
20 in said real property, shall run with said real property, and
21 shall create an equitable servitude upon said real property.
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CITY OF CARLSBAD, A Municipal
Corporation of the State of California
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25 By:.
Mayor
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28 | STATE OF CALIFORNIA ) ,
COUNTY OF SAN DIEGO ) '
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30 | On this day of ; , in"the year
before me, , a Notary Public in and for
the State, personally appeared , known to me
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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said public corporation, agency or political subdivision, and
acknowledged to me that such City of Carlsbad, California executed
the same.-
WITNESS my hand and official seal.
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OWNER
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OWNER
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Signature_
OWNER
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
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ss.
On , before me, the undersigned, a Notary
Public in and for said State,- personally appeared18
whose name/s is/are subscribed to the within instrument and
WITNESS my hand and official seal.
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Name (Typed or printed)
, known to me to be the person/s
Signature_
Approved as to form:
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Vincent F. Bionclo, City Attorney
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PS #191
That portion of Section 32, Township 11 South, Range k
West, San Bernardino Base and Meridian in the City of
Carlsbad, County of San Diego, State of California described
as follows:
Parcel "A: of Parcel Map No. recorded in the office of
County Recorder San Diego County on , 1973.
EXHIBIT "A"
PS #191
1. That median curb and gutter and the final lane of paving
be installed on the half of El Camino Real bordering the
tract.
2. A median break including left turn pockets be installed
on El Camino Real opposite Hosp Way.
3. A three leg fully actuated traffic signal be installed at
El Camino Real and Hosp Way at such time as the City
Engineer determines the signal is required.
All construction shall conform to City standards at the time
the work is done.
Exhibit "B"
IN THE CITY OF CARLSBAD , COUNTY _OF
SAN DIEGO , VTATE OF CALIFORNIA
Z\K \ DIVISION i>- A PORTION CF SiCnSri 32, TOWSH1P It SOUTH, RANGE 4 WEST,BA:E AND IKERIOIAN.
RS. 191
KXJUD 2"/R>OM P/PEPER: R.OPS. 2304
ATTACHMENT A'