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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. $3 f O authorizing the Mayor and City Clerk to execute the subject agreement. 2. Adopt a motion granting permission to sewer parcels 3 and 4 through a private easement to Wilson Street. .^••v .- *»*\ AB No. ' . Date: April 2, 197^ City Manager's Recommendation Concur. Council ActS.on ' . 4-2-74 Resolution #3396 was adopted., authorizing Mayor and City Clerk to execute the subject agreement. The applica-nt was- granted permission to sewer parcels 3 and 4 through a private easement to Wilson St. PARCEL MAP Na TAG L.S.2304 . OfSIGNAT£O AS f 4- &V PAINT PARCEL MAP FO MML A<TCEt=>TEI=> . <fe IMT&12.SEC1T1004MO RECORD l_OT 21. IN lA/ 2.IOQ IVt TUe CITY C3(= O 8"CO»C cCe*>Te.o A&ER WIcSONlA . PIPE TAGGED tC.C Jl,»(7PER Ctry LOT- SPLIT N» ffft rr>.WITH CONC TACK-KIO RECORD Ttj/s MAJ=* in/As f/*£f*A/vfp ay Mf on OI1ECJ-ION AMO IS OASfO U/*OfJ A W COfJFOffMAAtCC MAf* ACT AT" rtf f>£S>t/fSTtoes/sfff /wT."ir*< THAT ALLA/W-ICAOLC srArey&*f A/tSxo CITY 'ENGINEERS TH/S MAP> HAS DAY Of V/STA" -*oz.ar AXLE-SHOWN AS /-r t~ fosr of .,' Af N" lift f tlft -^ Af*t Ar ruf trfotxsr of HAffLff f. OLOOM EXHIBIT"AM CITY OF CARLSBAD Carlsbad, California 92003 Documentary Transfer Tax$_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 3 9 10 I 11 12 13 14 15 16 17 18 19 20 21 22 23 i -II24 I ii 25 || 26 jj •27 (i 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 8 9 10 11 13 14 15 •16 .17 18 19 •'20' 21 22 25 24 ! 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. 41 b 7! 8 9 10 11 12 .13 14 15 16 17 18 19 20 21 22 25 24 25 !| 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_ i 25 | •27 28 29 I! 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!^ •"".i V l_V ,'"!•' .fS'C «-" -^ rf -^*^f. S1 I'tit C .T f i-.-»t'VV1LSOM1A THAC 20 .'/' •<• ''• t- // . MAP Nd'2J69 ru. fiTar?-1^ ^i^^>/ 'cir-s^ncs ~ jf " r *"POST 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28; 29 30 31 32 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 j ~l J 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" .' r.r» .«fcw. . 4*<*b-*u.^M**Mt j !£ 8' COMC PIPE ce*»Te.o jk»ctxjH >VILSONIA TCT'<• n* mi so.Vi* PIPE.•UdOEO »C IPen OTr- LOTSPLIT N* r«. 1 SJ f f0 "^w WITH COKC CORE./ *» l»i1 « TACK- NO ./ 1 N / RECORD ~^-- -- -^T ' 4 2.O' . n BUENA VISTA WAY PARCEL- MAP Na fO.MlL f TAG L.S.2304 ™~-"- *"«r „*. ^ s«rfrj.fj'] ***4jrf . 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