HomeMy WebLinkAbout1973-11-20; City Council; 561-1; Parcel split #150 future improvement agreementTHE CITY OF CARLSBAD, CALIFORNIA £a" /,^^^ f^ <y / // -
'iiill No. ^^£I^XlL^><a^r2^^' 7 C^D^^e' Nov. . 20, 1973
Referred To:
Subject: ' '' Submitted By:
Future improvement agreement - Parcel Split Acting Public Works
No. 150 - Winslow - Avenida Encinas Director
Statement of the Matter
A portion of the parcel frontage is not improved to City standards and
construction of the required improvements at this time is not practical.
Acceptance of a future improvement agreement covering these improvements
was authorized by Agenda Bill No. 561.
Authorization for the Mayor and City Clerk to execute a future agreement
is required.
Exhibit
1. Future agreement
Staff Recommendations
Adopt a motion authorizing the Mayor and Clerk to execute the attached
'future improvement agreement on behalf of the" City.
Wo.- •..''„ ' Date: Nov. 20 r 1973
City Manager's Recommendation
Dae to oversight, Future Improvement Agreement has never
been executed. . • •• ' ..
" . Authorizati-on "for the Mayor and Ci-ty Clerk to execute a
Future Improvement Agreement is required in order that,
it can be recorded.
Council Action
11-21-73 .Authorization was given bhe Mayor and City Clerk to execute
a Future-Improvement Agreement for Parcel Spltt #150- - Winslow
-Avenida Enci nas .
RECORDING REQtfESTED BY AND
WHEN RECORDED MAIL TO
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CITY OF CARLSBAD'
1200 Elm Avenue
Carlsbad, California
MAIL TAX BILL TO
92008
E COMPUTEDB co^i,.
Owner Named on Line 7 at
Address Named on Line 8
Signature of
D Unincorporated
•^ or PROPERTY CONVEYED"
:" f1>^ & EH(~
"1'L ' " " '''•'£ OF SALE.
18 tax ~City of ...C<
OWNER:
FUTURE IMPROVEMENT AGREEMENT
of
Winslow, James C. & Alice M. et al
ADDRESS: c/o John B. Peterman, Tr., 639 S. Spring St., Suite 815
DATED:
Los Angeles, Calif. 90014 -
10-20-71
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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. <:iTY hereby approves the Parcel Split #150
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,
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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
'''•'.' • ' . i
a waiver by CITY of its continuing right to demand such work
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 obligation 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 successors in interest
in said real property, shall run with said real property, and
shall create an equitable servitude upon said real property.
APPROVED AS TO FORM CITY OF CARLSBAD, A Municipal
Corporation of the State of California
VINCENT F. BTONCTO,
Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )ss.
30 On this day of , in the year ,
before me, , a Notary Public in and for
the State, personally appeared , known to me
to ba Mayor of the City of Carlsbad, California, and known to me
to be the person who executed the within instrument on behalf of
—2—BEST
COPY
TO 447 C
(Individual)
STATE OF CALIFORNIA
COUNTY OF LG3 /.N'GHLHS ss.
On JctnuSry i^jt J.7/Z before me, the undersigned, a Notary Public in and for said
State, personally appeared BETTE J. PSTERMANN
CUlIuJa
01
to be the person whose name -^-S
to the within instrument and acknowledged that_
executed the same.
WITNESS tnv Jiand and o&cifel seal.
Signature
MARK WATTERSON
Name (Typed or Printed)
, known to me
subscribed
She IMMttHH'JHlJiHIIIIHIIHI HHHi3[iIimftlHniiltt&
OFFICIAL SEAL I
MARK WATTERSON §
NOTARY PUBLIC - CALIFORNIA 3
PRINCfPAL OFFICE IN 5
LOS ANG£L£S COUNTY B
My Commission Expires June 6, 1973 S
(This area for official notarial seal)
TO 447 C
(Individual)
STATE OF
COUNTY
i ss.
|v a Notary Puislic in Jnd for saidPuislic in ind f<
H<
%
to he the person whose name
>
« — J bscribed
to the within instrument and acknowledged that \ SrP \J]
executed the same.
seal. )
_, known to me
Name (Typed or Printed)
(This area for official notarial seal)
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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.
Signature_
STATE OF CALIFORNIA )
.COUNTY -
Los Angeles
)
SS
On Jan-. 5, 1972 _, before me, the undersigned, a Notary
Public in and for said State/ personally appeared
JOHN B. PETERMANN
_, 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
NOTAK .- . ' .V..U; • >.A'-I ODrJIA 5
PR!'!. l.'Al. OF. ICE IN..
I.OS ANrtELES COUNTY
Name (Typed or Printed)
5 ^jiiKy*;' t.Uo >v-t»Eluco ov/w»- • MS My Commission Epxires March 31, 1973 |
*"" J *~
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel No. 1, of Parcel Map No. 7&3 > i*1 the City of Carlsbad, in
the County of San Diego, State of California, filed in the office of the County
Recorder of San Diego, Ma rch 1 7 1972 as Recorder's File No.
6^-21 9 , being a portion of Lot H of Rancho Auga Hedionda, according
to map thereof 823, filed in the office of County Recorder of San Diego County,
November 16, 1896.
The following conditions shall apply to the future im-
provement of the easterly 32' of Avenida Encinas between
the southerly boundary of Parcel Split #150 and 4501±
northerly thereof.
A., Grading and paving„
B,, Construction of P0C.C. curb, gutter and sidewalk
abutting all street frontages of property.
C. Planting of street trees or deposit of monies with
the City to plant said trees,,
D. Dedicate 79* wide right of way for public street and
highway purposes0
E. Adjust all telephone cables as necessary to permit
construction of ultimate Avenida Encinas.
II.
Ao That a 12' easement for a future water line be granted
to the City of Carlsbad crossing Parcel #1 from the
east to west as determined by the City Engineer.
All construction shall conform to City standards at time the
work is done.
Exhibit "B"