HomeMy WebLinkAbout1974-03-06; City Council; 3028; Parcel Split no 226 Laguna DrTHF CITY OF CARLSBAD, CALIFORN'A
Agenda Bill MO. 30 &tf Date March 6, 1974
Referred To:
Subject:
Future Improvement Agreement -
Lane between Pio Pico and Elmwood
Submitted By:
Public Works Director
Statement of the Matter
Applicant has filed a parcel map in accordance with Ordinance No. 9327
to create two (2) lots. Standard improvements exist on Stratford Lane
and the installation of required improvements on Laguna Drive is not
practical at this time. Therefore, a future improvement agreement for
the Laguna Drive frontage is in order.
Authorization for the Mayor and City Clerk to execute a future agreement
is required.
Exhibit
1. Future improvement agreement
2. Resolution No. 3^7 *->
Staff Recommendations to City Manager
.Adopt Resolution N
execute the subject agreement.
authorizing the Mayor and City Clerk to
AJ3 No. ' Date.- March 6, 1974
City Manager's Recommendation
Concur with staff recommendation,
Council Action
3-6-74- Future Improvement Agreement approved and Resolution #33.72 adopted
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RESOLUTION NO. 3372
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
MENT BETWEEN THE CITY OF CARLSBAD AND W. DEAN
TiND MARIAN E. HILLER FOR PARCEL SPLIT NO. 226,
LAGUNA DRIVE AND STRATFORD LANE, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE-
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The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. That the certain agreement between the City of Carlsbad
and W. Dean and Marian E. Miller for Parcel Split No. 226,
Laguna Drive and Stratford Lane dated the 6th day of
r4a rc h , 1974, a copy of which is attached hereto and
incorporated herein by reference is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and
on behalf of the City of Carlsbad.
a dj o u rn e d PASSED, APPROVED AND ADOPTED akan/regular meeting of the City
Council of the City of Carlsbad, California, held on the __.- 6th
day of iflarch, 1974, by the following vote, to wit:
AYES: Councilmen Dunne, McCornas, Lewis, Chase and Frazee
NOES: None
ATTEST:
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(SEAL j
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bjiiEEi RECORDED KAIL TO
CITY OF CAXLSBAD
1-200 Elm Avenue
Carlsbad, California 92008 Documentary TransYer Tax$
MAIL TAX BILL TO Conveyed,
- dl h - Computed on Full Valuz of Propert-
- Or Computed or, Full Value 1,ess ~i
and Encumbrances Remair,ing at Tint
of Sale,
Owner Named on Line 7 at
Address :?aced on Line 8
OF Capf3R4jg Firm -Nan)
FUTURE IPIPROVEMENT AGREE-MEWT
sf
OWNER : W. Dean Miller and Marian E. Miller
ADDRESS : * 1419 Hunsaker St., Oceanside, CA 92054 *
DATED : March 5, 1974 -
\ PARTIES: Th2 parties)to this agreement are the City of Carlsbad, \ PARTIES: Th2 parties)to this agreement are the City of Carlsbad,
a municipal corporation of the State of California,
referred to as CITY; and the person or persons mentioned on Line j
of Page 1 hereof, hereinafter referred to as OWmR, without reg'ard
to number or gender,
hereinafter
COVENANTS: It is mutually agreed by the parties hereto as follows
1.
2.
3.
CITY hereby approves the Parcel Spl it No. 226
Assessor's Parcel No. 156-163-42
on that certain real property, warranted 5y OWNER to be
wholly owned by him, descri'bed on Exhibit A, attached hereto
and by this reference incorporated herein, Also shown for
convenience sake or- Attachment A, attachred hereto and made
a part hereof.
CITY does hereby temporarily waive - the requirement that O'V*;N%R
install along the street frontage of said property those
certair? public improvements listed on Exhibit E, attached
hereto and by this reference incorporated-here in,
Upon written demand therzfor by CITY, addressed to O~QUEZ at
the address mentioned on Line 8 of PaQe 1 hereof, OWNX:P, shall
forthwith, at OisTNER's sole cost and expense, prepare plans
and specifications, approved by CITY, for the construction '
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of said public imyrovements 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
a waiver by CITY of its continuing right to demand such work
o any of said improvements shall not constitute
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 obli-gation 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 perforn
OX3-ER's said obligations .ar,d OIWEP, shall upon written demand
therefor, reimburse to CITY- its costs therefor.
6, This kgreeme shall be binding upon and inure to the benefit
rs, successors, assigns, and successors in interest
a1 property, shall run with said real property, and
shall create an equitable servitude upon said real property.
CITY OF CARLSBAD, A Municipal
Corporation of the State of California
L
By :
Mayor
STATE OF CALIFORNIA ) ss,,
COUP\TTY OF SAX DIZGO )
On this 8th day of March , in the yeaz 1974 I
before Ice, VIRGINIA 1'1. SMITH , a Notary Public in 2nd J-or -cI
the State, personally appeared DAVTn M nilNNF , 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 ne that such City of Carlsbad, California exscutec
the sane,
WITNESS my hand and official seal,
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OWNER .
SS. STATE OF CALIFORNIA )
CGUNTY OF SAN DIEGO )
On February 4, 1974
public ig and for said State; personally appeared
W. Dean Miller and Marian E. Miller
whose name/s’is/are subscribed to the within instrument and 1
WITNESS my hand and official seal,
, before me, the undersigned, a Notary
- , known to me to be the personls
Signature
h Carol 2 A. Penni nqton
Name (Typed or Printed)
Approved .as to form:
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432 (*
A11 that portion of the Northwest Quarter of Section 6, Township 12
South, Range 4 West, San Bernardino Base and Meridian, in the City of
Carlsbad, County of San- Diego, State of California, according to United
States Government Survey, bounded by a line described as follows;
Beginning, at a point on the Northerly line of Tract 117, Carlsbad Lands,
distant thereon North 89"57'00'' West 389. 03 feet from the Northeasterly
corner of said Tract 117, as same is shown on Map Gf Carlsbad Lands,
&To. 1661, records of San Diego County; thence along the said Northerly
line of Tract 117, North 89"57'00" West a distance of 61-01 feet; thence
North 0Oo55'0Ot1 West to the Easterly prolongation of the Northerly line
of the land described in deed to Charles Henry and Anita Maria Harvey,
dated October 17, 1930, and recorded in Book 1838, Page 91, Record
of Deeds; thence along the Easterly prolongation of the Northerly line of
said Harvey land, North 89"52'38" East, a distance of 61.01 feet; thence
South OO"55'00" East parallel with the Easterly line of the Harvey land,
341. 82 feet to the Point-of Beginning.
Excepting therefrom the Northerly 27.00 feet thereof as granted to the
City of Carlsbad, by deeds recorded September 22, 1965 as File No. 172129
and November 30, 1965 as File No. 215894.
Also excepting therefrom the Southerly 40.00 feet thereof as granted to the
County of San Diego by deed recorded April 28, 1931 in Book 1887, Page 227
of Deeds.
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1.
2,
3,
4,
5.
All
Grading and paving of adjzcent public right of' way
to its centerline except. that portion impr0ve.d to
City Standards.
Construction of P.C.C. curb, gutter and sidewalk
abutting all street frontages of property-
.
'Planting of street trees or de2osi.t of monies with
the City to plant said trees,
Installation of street lights and payment of 18-month
energy charges as required by City Engineer.
Items 1, 2, and 3 apply to Laguna Drive frontage only.
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construction shall conform to City standards at time the
work is done.
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