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HomeMy WebLinkAbout1973-09-04; City Council; 1072-1; Final map & Future Improvement AgreementTKE CITY OF CARLSBAD, CALIFORNIA ' 107' Agenda Bill No. " ~ _ Supplemental _ Date / c / ',.• . Referred To: ________ _ Submitted By: CT 73-3 (Robert D. Miller- Ocean St) 1. Final Map Acting Public Works 2. Future Improvement Agreement Director Statement of the Matter 1. Engineering staff has completed checking the final map of Carlsbad Tract 73-3 in conformance with State Subdivision Map Act and applicable local ordinances of the City of Carlsbad. Final map conforms substantially with the tentative map approved by City Council on Mar 20, 1973, by Resolution No. 3089. 2. A future improvement agreement in lieu of immediate public improvements was authorized by City Council Resolution No. 3089. (See Exhibit "B") . Authorization for the Mayor and City Clerk to execute a future improvement agreement is required. Exhibit "A" Final Map Wall Exhibit "B" Resolution No. 3089 "C" Future Improvement Agreement -• Staff Recommendations to the City Manager Adopt a motion: 1. approving final map of CT 73-3, subject to conditions of Resolution # 3089, and 2. authorizing Mayor and City Clerk to execute subject future improvement agreement on behalf of the City. AB No. 1072 Supplement No.Date.-Sept 4, 1973 City Manager's Recommendation This matter pertains to the final map for a proposed 21 units of a one-lot condominium subdivision. The final map conforms substantially with the tentative map, however, a Future Improvement Agreement in lieu of public improvements is-required. The recommended action of the City Council is to authorize the Mayor and City -Clerk to sign the Future Improvement Agreement and also approve the final map. Council Action 9-4-73 The Final Map for Carlsbad Tract 73-3 (Robert D. Miller Property) was approved subject to the conditions contained in Resolution #3089, and the Mayor was authorized to execute .the Future Improvement Agreement on behalf of the City of Carlsbad. £2L k-\> 1 RESOLUTION NO. 3089 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING 3 TENTATIVE MAP (CT 73-3) ON PROPERTY LOCAT- ED ON THE WESTERLY SIDE OF OCEAN STREET, 4 BETWEEN GRAND AND ELM AVENUE. (R.D.Miller) 5 6 8 10 11 12 13 14 15 16 17 19 20 21 22 2B 24 25 26 31 32 WHEREAS, on the 27th day of February, 1973, the Carlsbad City Planning Commission adopted Resolution No. 874, recommending to the City Council that Tentative Tract Map CT 73-3 be condi- tionally approved; and WHEREAS, said Tentative Map has complied with the require- ments of the "City of Carlsbad Environmental Protection Ordinance of 1972" and has been declared to have a "non-significant" impact on the environment; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, that Tentative Map CT 73-3, is hereby approved subject to the execution and/or fulfillment of the following conditions: 1. An offer of dedication shall be made to the City of Carlsbad for additional right-of-way along Ocean Street. 18 A future agreement shall be entered into with the City for half-street, full frontage improvements along Ocean Street (including curb, gutter, sidewalks, paving, stree lighting, drainage and new sanitary sewer). 3. Proper drainage shall be -maintained throughout the sub- division so as to prevent ponding and/or storage of surface water. 4. All fire protection appurtenances shall be constructed in accordance with the City Fire Department requirements in lieu of required access roads, and said appurtenances shall be installed and functioning prior to framing constructi on. Final Map approval shall be^subject to payment of Park- in - 1 i eu F e e s . 27 " 28 6. The applicant is to be encouraged to enter into a mutual acceptable agreement with the Carlsbad Unified School 29 District to provide for future school requirements that will result from the construction of these residences. 30 " All utilities, including electrical, telephone and tele- vision shall be installed underground and/or shall be completely concealed from view. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 c BE IT FURTHER RESOLVED that the City Clerk is hereby directe to place a copy of this Resolution in the usual course of mail, addressed to the subdivider, at his address shown on the Tenta- tive M a p . PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 20th day of March, 1973, by the following vote, to wit: AYES: C_ouncilmen Dunne, McComas , Lewis and Frazee. NOES: None. ABSENT: Councilman Chase. rDAVID M. DUNNE, Mayor of the City of Carlsbad, California ATTEST: ;:Eo 'ADAMS^ (City Clerk -2- RECORDING RSQL-STED BY AND 'WHEN RECORDED MAIL TO • CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 Documentary Transfer Tax? -0- I 3 4 5 6 71 81 9J 10 11 12 13 14 i 15 16 17 18 19 20 21 22 23 24 25 j| ii 26! •27' 28 29 i 30 ! 31 32 MAIL TAX BILL TO Owner Named on Line 7 at Address Named on Line 8 N/A Computed on Full Value of Property Conveyed , Or Computed on Full Value Less Lier and Encuttibrances Remaining at Tima of Sale. nf^^ .s Firm Name FUTURE IMPROVEMENT AGREEMENT of OWNER: ADDRESS: DATED: Robert D. Miller ( power of attorney for all owners of 6746 Magnolia Avenue, Riverside, CA 92506 record) 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 nventioned on Line 7 of Page 1 hereof, hereinafter referred to as OWNER, without regard to number or gender. , i. . COVENANTS; It is mutually agreed by the parties hereto as follows: 1. CITY hereby approves the final map of Carlsbad Tract Number 73-3. Assessor's Parcel No. 203-234-03 \ 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 ~Iraprov:e|nent3 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 j and specifications, approved by CITY, for the construction [ -1- ! X . 2 3 4 5 6 7 8 9 10 11 12 13 . 14 15 3-° 17 18 19 20 21 •27 23 30 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 portion thereof, and the failure by CITY to demand said work as to any of said improvements shall not constitute a waiver by CITY of its continuing right to demand such work in the future. 4. In the event title to said property or a part thereof is sold , the herein stated obligation shall automatically also become the obligation of the new owner. 5. In the event OWNER fails to act as required in paragraph' 3 above, after written demand therefor by CITY, CITY may perform , i OWNER'S said obligations and OWNER shall upon written demand therefor, reimburse to CITY its costs therefor. 6. This agreement shall be binding upon and inure to the benefit of the heirs, successors, assigns, and successors in interest in said real property, shall run with said real property, and shall create an equitable servitude upon said real property. 22 CITY OF CARLSBAD, A Municipal Corporation of the State of California 24 25 . Mayor 26 By:. STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 29 ss rT^""""* day of aSTg/^J^.K- , in the year ) *f JOn this , before me, /*/Ar#Ar&T~E:, f^rf^^Y-' > a Notary Public in and for the State, personally appeared P/)£//</ M- fDlsMNF , 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 • —2— 1 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 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. OFFICIAL SEAL MARGARET E. ADAMS NO WRY PU8LIC - CAurJrfrtW PRINCIPAL OFFIC6 IN SAN DIEGO COUNTY MY COMMISSION EXPIRES FEBRUAW 15, 1974 OWNER OWNER OWNER STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On August 29, 1973 ss. _, before me, the undersigned, a Notary Public in and for said State,- personally appeared Robert D. Miller _, known to me to be the person/s whose name/s is/are subscribed to the within instrument and WITNESS my hand and official seal. . Signature_ Donald F. Powell Name (Typed or Printed) Approved as to form: NOTARY PUBLIC -CALIFORNIA » COUNTY OF. RIVERSIDE + My Commission Expires MarcN I, 137$ J Vincent ^. B'rolidb",~£Ti ty Aftornw -3- CT 73-3 LEGAL DESCRIPTION Lot 1, Carlsbad Tract No. 73-3, Map No. 7738 Recorded September 7, 1973 , per official records EXHIBIT "A1 470 CT 73-3 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. 3. Planting of street trees or deposit of monies with the City to plant said trees. 4. Installation of street lights and payment of 18-month energy charges as required by City Engineer. 5. Construction of storm drain system. 6. Participation in future sanitary sewer assessment district in vicinity of Ocean Street. _; t All construction shall conform to City standards at time the work is done. Exhibit "B"