HomeMy WebLinkAbout1974-04-02; City Council; 3051; Parcel Split no 210THEj;iTY OF CARLSBAD, CALIFORNIAy8"^ „ * .,-***%
Agenda Bill No. ^jVy/ . ^Date Apri 1 2. 1974
Referred To:
Subject: Parcel Sp1it No> 210_ Dale w< Smith . -Submitted By:
1 . Future Improvement' Agreement
2. Request for permission to sewer through a City Engineer
private easement- Buena Vista Way, Wilson
St. to Crest Drive <*if-&
Statement of the Matter
1. Applicant has filed a Parcel Map as required by City Ordinance No. 9327
to create four lots. Installation of required improvements are not
feasible at this time. Therefore a future improvement agreement is in
order.
Authorization for the Mayor and City Clerk to execute a Future Improve-
ment Agreement is required.
2. Applicant has filed for permission to divide a large lot on Buena Vista
Way between Wilson St. and Crest Drive. Parcel Map Ordinance requires
each lot 'to have a separate sewer and water service. Sewer and water
service is available only on Wilson Street. Therefore lots without
frontage on Wilson Street require these services through an easement.
If granted this permission, applicant has agreed to participate fully
in any future improvement district formed to extend sewer and/or
water lines along the Buena Vista or Crest frontages of the property.
Council approval is required to sewer through a private easement.
Exhibit
"A" Location'Map
'IB" Future Improvement Agreement
"C" Resolution No.
"D" Copy of Easement Document
Staff Recommendations
1.. adopt Resolution No. $3 f O authorizing the Mayor and City Clerk to
execute the subject agreement.
2. Adopt a motion granting permission to sewer parcels 3 and 4 through
a private easement to Wilson Street.
.^••v .- *»*\
AB No. ' . Date: April 2, 197^
City Manager's Recommendation
Concur.
Council ActS.on ' .
4-2-74 Resolution #3396 was adopted., authorizing Mayor and City Clerk to
execute the subject agreement. The applica-nt was- granted permission
to sewer parcels 3 and 4 through a private easement to Wilson St.
PARCEL MAP Na
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OfSIGNAT£O AS f 4-
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THAT ALLA/W-ICAOLC srArey&*f A/tSxo
CITY 'ENGINEERS
TH/S MAP> HAS
DAY Of
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AXLE-SHOWN AS /-r t~ fosr of .,'
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EXHIBIT"AM
CITY OF CARLSBAD
Carlsbad, California 92003 Documentary Transfer Tax$_MJj
~~" Co.nvayed,Prooart-v
MAIL TAX BILL TO
Owner Karaea en Line 7 at
Address Named on Line 8
Or Computed on Full *7--?iue Less Lie:
and Sncucabrarices Remaining at Tims
of Sale.
. C i r \/ o 'f C 3 r 1.C.i----i /-"/:: W'v .Ci
" "^ n '-••- i
OWNER:
: FUTURE IMPROVSMSNT AGREEMENT
o;
Dale W.. Smith and Eleanor G. Smith
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ADDRESS:15918 Gresham St.; Sepulveda, CA 913^3
i DATED:
31 i'
PARTI ESr The par ties ./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. CITY hereby approves the Parcel Split No. 210- Wilson St.
and Buena Vista Way (Assessor's Parcel No. 156-152-26
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
• •'• . ' !' - -i > .' '
a part hereof. . ,
2. CITY does hereby temporarily waive-the requirement that OWNER
install along the street frontage of said propertv those i
certain public improvements listed on 'Exriibit B, attached i
^ ihereto and by this reference incorporated herein. j
3. Upon, written demand therefor by CITx", addressed to Ov-7.iS?L'R ar.
the address mentioned on Line 8 of page 1 hereof, OWNER snail
forthwith',, at Or.v'i\TF.R' s sole cost and expense, prepare plans
cin'..i specifications, approved, by CITY, for the construction '
EXHIBIT "B"
^ 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,
4 to the approval of CITY. The demand by CITY mentioned in
•5 this paragraph may, at CITY's sole discretion, demand sard
•5 work as to all said improvements on all said property, or
7 | as to any portion thereof, and the failure by CITY to demand
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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,
12 jj - the herein stated obligation shall automatically also become
the obligation of the new owner. • ' ; •/••...;
jj 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. . •
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.
CITY O? CARLSBAD., A Municipal .
Corporation of t'he State of California
25 !j By: _ _
j! . Mayor
STATF, OF CALIFORNIA ) sg
COUNTY OF SAN DIEGO )"°
0l On this day of , in the year
before :no, _J , <"' Notary Public in and for t
the State, personally appeared | ___, known, to .:\o
to be Mayor of the City of Carlsbad, California, and known to rre
to be the norson v/ho executed tho . v/ithin instrument on b^h^Lf of
said oublic corporation, • agency or. political subdivision, an.d
acknowledged to me that such City of Carlsbad, California, executed
the 3acne. • . , *
WITNESS my hand and official seal.
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Sicmature
OWNER
.OWNER
OWNER.
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
ss.
On .before me, the under signed/:,, a Notary
Public in' and for said State/?personally appeared _
y known to cue to be the person/s
whose name/5"is/are subscribed to ..the within instrument and
-WITNESS ; my .hand, and .official .seal.. ,
Signature_
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Name (Typed or' Printed)
Approved .as to form:
Vin Biondo, City Attorney
SPLIT Mo.210
'LEGAL DESCRI PTION
Lot 21 of Wiisonia Tract, in the City of Carlsbad, California
County of San Diego, State of California, according to mao
thereof Mo. 2169, filed in the office of the County Recorder
of San Diego County, August 13, 1929.
EXHIBIT "A"
.-»*»,
PARCEL SPLIT MO. 210
1. Grading and paving oF adjacent pub 11; right of way.to its
center! ine except that portion imprc-,'ed to City Standards.
2. Construction of P.C.C. curb, gutter and sidewa]k abutting
all street frontages of property.
3. Planting of street trees or deposit of monies v/ith the
City to plant said trees.
k. Installation of street lights and payment of 18 month
energy charges as required by City Engineer.
5. Owner agrees to fully support and participate in any improve-
ment district formed in the future to extend sewer and/or
water.lines, with appropriate appurtenances, along any or all
street frontages of the property where such services do not
exist, at the present time.
All construction shall conform to City Standards at time the
work is done.
EXHIS IT "6"
fARCjil-^jyiA!^
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I'tit C .T f i-.-»t'VV1LSOM1A THAC
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t- // . MAP Nd'2J69 ru.
fiTar?-1^ ^i^^>/
'cir-s^ncs ~ jf "
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MAP */"• llJt.f JUtt*
COPY
PARCEL MAP
?. IC.O M4 1M<J. CITY O:-
C7r- '
/-f a-*fco <jr-t"J -i .--
7V//i~ ___
/ \ATTACHMENT A
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RESOLUTION NO. 3396
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND DALE W. AND
ELEANOR G. SMITH FOR PARCEL SPLIT NO 210, BUENA
VISTA WAY, BETWEEN WILSON STREET AND CREST DRIVE
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Carlsbad does hereby resolve
as follows:
1. That the certain agreement between the City of Carlsbad
and Dale W. and Eleanor G. Smith for Parcel Split No.
210, Buena Vista Way between Wilson Street and Crest
Drive, dated the 2nd day of April , 197^, 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.
PASSED, APPROVED, AND ADOPTED by the City Council of the
City of Carlsbad at a regular meeting held Apri1 2 .
by the following vote, to wit:
AYES: Councilnien Frazee, Chase, McComas and Lewis.
NOES: None
ABSENT: None
'ROBERT C. FRAZEE, Ma"yor
ATTEST:
,»>i>""""";,. \ ik \ .
I /MARGARET • E .'J>ADAMS £ C i ty C 1 erk
,' ' i / > ' '. ' j ''''
(SEAL)
wRECORDING REQUESTED BY
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
AND WHIN MKCOHOCD MAIL TO
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
C»y *— L
r MAIL TAX STATEMENTS TO
C ity of Carlsbad
. 1200 Elm Avenue
***«• Carlsbad, CA 92008
City I '-L
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $ £Ll.W :
_=_COMPUTED ON FULL VALUE OF PROPERTY CONVEYED,
_- OR COMPUTED ON FULL VALUE LESS LIENS AND
/) ENCUMBRANCES REMAINING AT TIME OF SALE.
.j^vray^T; CffV-QFCARtiBM
Signatu<y of Declarant or Agent determining tax. Firm Nam*
Grant Deed
TO 409.1 CA (1-70)THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
DALE W. SMITH AND ELEANOR G.'SMITH, husband and wife as joint tenants
hereby GRANT(S) to the City of Carlsbad, a Municipal Corporation for
public street and highway purposes
the following described real property in the City of Carlsbad
County of Sa n D i ego > State of California:
see attached Exhibit "A" for legal description
Assessor's Parcel No. 156-152-26
All as shown for convenience sake on Attachment "A" attached hereto
and by this reference made a part hereof.
Dated
vu.
>ss.STATE OF CALIFORNIA
COUNTY OF <T/0* -
On £<? MfrtOjCL// 137'<*_ before me, the under-
signed, a Notary Public in and for said State, personally appeared
known to me
to be the person-^!! whose i
instrument and acknowledged
WITNESS my hand and official seal
Signature
OFFICIAL SEAL
William E. DeLong
NOTARY FU:L;C • CAUFORNIA
K:::cir.u orriCE in
SAN DI'.SO COUNTY
MY COMMISSION EXPIRES OCT. 22, 1974
Name (Typed or Printed)ITltlfl krm fur official nottrUl teal)
Title Order No.__E?crow or Loan No._
MAIL TAX STATEMENTS AS DIRECTED ABOVE
SMITH, ENGINEERS; INC. ,
CONSULTING CIVIL ENGINEERS .-
2656 STATE STREET • CARLSBAD. CALIFORNIA 92008 • PHONE 729-8981
PARCEL SPLIT #210 March 7, 1974
J. N. 3756
LEGAL DESCRIPTION
Smith - Furrer
All that portion of Lot 21, Wilsonia Tract, Map 2169, in the City of
Carlsbad, County of San Diego, State of California, more particularly
described as follows:
Beginning at the most "Westerly corner of said Lot 21, thence North
55°18'13" East 10. 00 feet; thence South 34°33I00" East 163. 93 feet
parallel with and 10. 00 feet from the Northeasterly line of Wilson
Street,' to the beginning of a tangent 20.00 foot radius curve concave
Northerly; thence Easterly along the arc of said curve 31. 88 feet
through a central angle of 91° 19'50" to a tangent point, said point being
10. 00 feet from the Northwesterly line of Buena Vista Way; thence
parallel with said Northwesterly line North 54°07I70" West 291. 84 feet
"to the beginning of a tangent 20. 00 foot radius curve concave Westerly;
thence Northerly along the arc of said curve 31. 16 feet through a central
angle of 89°15'55" to a tangent point, said point being 20. 00 feet from the
Southwesterly line of Crest Drive; thence parallel with said Southwesterly
line North 35e08'45" West 157. 80 feet to the Northwesterly line of said
Lot 21; thence along said Northwesterly line North 55e18'13" East 20. 00
feet to the most Northerly corner of said Lot 21; thence South 35°07I48"
East 187. 13 feet along the Northeasterly line of said lot to the most Easterly
corner; thence South 54°07'10" West 362. 16 feet along the Southeasterly
line of said lot to the most Sdutherly corner; thence North 34°33'00" West
194. 61 feet along the Southwesterly line of said lot to the TRUE POINT OF
BEGINNING. -
BRIAN SMITH ENGINEERS, INC.
2-3756
3-7-74
HLTreb
EXHIBIT "A"
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