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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 1 2 2 4 C t r t < 1( 1: 1: 1: 11 l! 11 1' 11 1' 21 2 2 2 2 2 2 2 2 2 3 3 3 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- - 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: /\ (SEAL j I 1 15 7c LL 17 18 19 20 21 22 23 24 25 26 .27 28 29 30 31 32 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 ' -. _- - - c 1 . 3: 1; It 1E 1E 7s 2c 21 22 23 24 25 25 ?'i ,3 I 2 ,_1 .3 2 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 . "~ ... 38 19 20 21 22 23 25 26 .27 28 29 30 si 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, *- .. 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: c . -3- .~ -. . . . ., . . . .- - . ... 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. i' 433 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. \ .- construction shall conform to City standards at time the work is done. 4 &--A L'/ ' i i . I \ F i .. i\ I .;