Loading...
HomeMy WebLinkAbout1973-12-04; City Council; 2233; CT 73-30 (Future Agreement)I / n? v>E>-r. ITY OF CARLSBAD, CALIFOR.N'~ //*. /j— f' y ,g'eida Bill N!oT THUS- oiippienr.ent No. ^-^ Date Dece"ber 4, 1973 Referred To: Subject: . Submitted By: Carlfebad Tract 73-30 (Future Agreement) (16 unit condominium located on northslde of Acting Public Juniper St.) Robert Bryan & Ted Adams Vlor'^.s Director Statement of the Matter On Sept. k, 1973, the City Council by Resolution No. 3210, approved the tentative map of Carlsbad Tract 73-3C, Parcel frontage on Juniper Street is not improved to City standards, and construction of required improvements at this time is not practical. In this case, a Future Agreement is in order. On behalf of the City the Mayor and City Clerk are required to execute a Future Improvement Agreement. Exhibit "A" Future Improvement Agreement Staff Recommendations to City Manager Adopt a motion authorizing the Mayor and City Clerk to execute the attached improvement agreement. <. AB NO. 21 26 r Supplement^ No.Date: December k, 1973 City Manager's Recommendation Concur with staff recommendation Council Action RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 Documentary Transfer Tax$_ 1 2 3 5 MAIL TAX BILL TO Conveyed, Computed on Full Value of Property _Or Computed on Full Value Less Liens Owner Named on Line 7 at and Encutnbrances Remaining at Time Address Named on Line 8 Firrrfhame i FUTURE IMPROVEMENT AGREEMENT 6 OWNER; Casa'de la Plava,_a limited partnership. 8 I ADDRESS; 256 Juniper St. Carlsbad, CA 92008 i . v 9 ;' DATED; December k, 1973 i!10 !| lli| PARTIES; The parties^to this agreement are the City of .Carlsbad, is!' a municipal corporation of the State of California, hereinafter 13 I referred to as CITY; and the person or persons mentioned on Line 7 IA ii of Page 1 hereof, hereinafter referred to as OWNER, without regard "i| 15 jj to number or gender. 16 17 COVENANTS; It is mutually agreed by the parties hereto as follows:! 18}! 1. CITY hereby approves the C:T 73-3n (Juniper Street)i 19 • ' 20 on that certain real property, warranted by OWNER to be 21 ij wholly owned by him, described on Exhibit A, attached heretoi! 221 and by this reference incorporated herein. Also shown for |i 23 ;: convenience sake on Attachment A, attached hereto and made 24! a part hereof. ^5 ij 2. CITY does hereby temporarily waive the requirement that OWNER 26 jj install along the street frontage of said property those i| •27 jj certain public improvements listed on Exhibit B, attached 28 jj hereto and by this reference incorporated herein. I! • 29 [j 3. Upon written demand therefor by CITY, addressed to OWNER at ||30 ii the address mentioned on Line 8 of Page 1 hereof, OWNER shall 31 ii forthwith, at OWNER'S sole cost and expense, prepare plans •32 j- and specifications, approved by CITY, for the construction i, i, -1- c .2 5 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I •27 28 29 | ll30 j 31 i 32 j 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 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 j in said real property, shall run with said real property, and shall create an equitable servitude upon said real property. CITY OF CARLSBAD, A Municipal j Corporation of the State of California By:_ Mayor STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO )ss. day of _, in the yearOn this before me, the State, personally appeared 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 _, a Notary Public in and for | , known to mo| o the same. • . WITNESS my hand and official seal. Signature_ 1 2 3 4 5 6 7 . 8 9 10 11 12 13 1 A STATE OF CALIFORNIA COUNTY nv Ran Tliggo On Itorerober Ijjj 1973 .}- before me, the undersigned, a Notary Public in and /or said County and State, personally appeared 1 , Ted LT Adams and Robert J. Bryan to be_ known to me of the partners o/ the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Approved as to form: Name (Tyjied or Printed) Notary Public in and for said County and State 24 25 26 •27 28 29 30 31 32' OWNER OWJIER / OWNER FOR NOTARY SEAL OR STAMP OFFICIAL SEAL Geraldine M. Derry NOTASV PUBLIC • CA'.IFOHNIAPRINCIPAL OFF:C=: IN_ SAN DIEGO COUNTY My Commission Expires April 18,1974 /s Vincent F. Biondo, City Attorney -3- Legal Description Lot I in Block "Q" of Palisades No. 2, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1803 filed in the office of the County Recorder of San Diego County, August 25, 1924. Exhibit "A" esMC 6 Qf) T Si U-.o -»3 03)GD Xr.sv <r p QD 4 0 87 AC ;6.8? AC - I 0 87AC RFIELD A * (BD a t i OD § . T aD (0 .4 i'f Of) n • i i «« "• ^ © 12 * O•»-..;JUNIPE;.; -/V^'^'. :.. i•-.. •'.;!:-"'.- -- -.••--.• . ^:3"--^;fe£-"':'"2 .... i,,,' • - ~. ,;;;,--, 3 ' •• h jrrrm .v-GAF^FiELD !; ^ff"-/"^.^' i "T~~ /><? ' 1C Oo• .J• >: UJ X cc« w1: PALISADES M^SI § 5 j MAP !777 2.o MAP 1,803 - PALIS/ 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. x 4. Installation of street lights and payment of 18-month energy charges as required by City Engineer. The above applies to the parcel frontage in Juniper Street. All construction shall conform to City standards at time the work is done. ' . • Exhibit "B"