HomeMy WebLinkAbout1974-04-02; City Council; 3053; Future Street Improvement Agreement V 237 for E C Malone - Southeast of Pio Pico and PalmANN
Agenda B i 1 1 ';o., D.S A�q +t:e April 2, 1974 _
Refer.-ed To:
Slibj•ect: Submitted By:.
Future street improvement agreement -
Planning Commission Variance #,=237 for E.C.
Malone- South east corner of Pio Pico and Palm. City Engineer'^'
Statement of the Matter
The Engineering Dept. has reviewed subject project and found it to conform
with requirements of Planning Commission Variance No. 237. As it is
impractical to build public improvements on lot frontage along Palm Avenue
at this time, a future agreement is necessary.
Authorization for Mayor and the City Clerk to execute subject future
agreement is required.
Exhibit
"A" Future Street Improvement Agreement
"Q" Resolution No. _ .15 F7
Staff Recommendations to City Manager
Adopt Resolution No. 3 3Y7—authorizi,ng Mayor and City Clerk to execute
subject Future Improvement Agreement.
AB tto. Hate: April 2, 1974
Cite Manager's Recon mender tion
concur.
Council Action
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008 Documentary TransTer Tax$ _&/L.
Computed on Full Value of Property
MAIL TAX BILL TO Co.nveyed,
;Or Computed on Full Value Less Lie s
Owner Named on Line at and Encumbrances Remaining at Time
Address Named on Linea 8
FUTURE IMPROVEMENT AGREEMENT
of
OWNER: M•& N Properties, a general partnership
ADDRESS; 2136 Avenida de 1a Playa, La Jolla, CA 92037
DATED: -
PARTIES: The parties;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 Variance No. 237, s/e corner of
Pio Pico and Palm, assessor's parcel no. 205-191-15
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
a part hereof.
2. CITY does hereby temporarily waive -the requirement that OWNER
install along the street frontage of said property those
certain public improvements listed on Exhibit B, attached
hereto and by this reference incorporated herein.
3. Upon written demand therefor by CITY, addressed to OWNER at
the address mentioned on Line 8 of Page 1 hereof, OWNER shall
forthwith, at OWNER's sole cost and expense, prepare plans
and specifications, approved by CITY, for the construction
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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 perforn
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
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
Corporation of the State of California
Mayor
STATE OF CALIFORNIA )ss.
COUNTY OF SAN DIEGO )
On this day of , in the year ,
before me, , a Notary Public in ancl for
the State, personally appeared , known to m
to be Mayor of the City of Carlsbad, California, and }mown to me
to be the person who executed -the within instrument on behalf of
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. :..,, y a .fi•'fa v.4 ... ri., ..a.rk /.+..,. .�.R✓ t'.i w%7' t'. .. - ��"y:
said public corporation, agency or political subdivision, and
acknowledged to me that such City of Carlsbad, California executed
the same.
WITNESS my hand and official seal.
Signature
M. & N PROPERTIES
8 a general partnership
` OWNER
9
10 _.
11 OWNER eneralHPartner
en�
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13 OWNER Malone,
General Partner
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Partnership Acknowledgment
AZ STATE OF CALIFORNIA
S,� d COUNTY OF SAN DIEGO Ss:
0 On March 12 , 19 Li before me, the undersigned, a Notary Public in and Otary
1 y Q for said County and State, personally appeared
3 W
J V H E. C. MALONE and THOMAS H. NIELSEN
rson/.s
d
aZ known to me to be all of the partners of the partnership that executed the within instrument, and
0 Q acknowledged to me that such partnership executed the same.
i; t 'anvsnr
'j WITNESS my hand and official seal. OFFICIAL SEAL
a 4`; LINDA SEE
NOTAR, Pud:i6 CALIFORNIA
PRINLII'i,L OrrICE IN
��� 333+**���---•••���---��� SAN OIEGO COUNTY '
r Linda See My Gommissbn Expires January 3, 1977
Notary Public In and for said County and State, r
26 Approved as to form:
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Vincent F. Biondo, City t rney
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-3-
2
Legal description for lot subject to City of Carlsbad Variance
No. 237:
Parcel "A" of Parcel Map No. 715 filed January 20, 1972 in the
Office; of the County Recorder; said Parcel Map being a survey
of a portion of Lot 12, Block "B" of the Resubdivision of ALLES
AVOCADO ACRES, in the City of Carlsbad, County of San Diego,
State of California, according to the Map thereof No. 2027, filed
in the Office of the County Recorder of San Diego County, May 17,
1927.
Exhibit "A"
' SAP Sp.lt u•/i pN
o A I I r v �\VC)C D0 ACR.,�, S
j�j], \10, 2027
v 0 ti Lot 9
`C
w u ,�, BLOCK C scale I"--50=
Co
k ti0
O PALM AVENUE
-
NGrs4JZE.
4) 2030 ,;&
m t
h 5'
�b
5'sewer eosement for construction
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and maintenance over the Noriher!
Wof that
_
�T�
property described in deed
to 4Yfl/iom e. Baldwin,
e+ux recorded
•p_
Julyy 17, 1956 in BOOK 6/82, paye 2/
Offical
s o
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p
; '
of Records. A portion of
said easement was quit -claimed
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to the State of Colifornia by muff
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a ? o r7r &2.5 Sp. Fr
Cfoim deed recorded March 20,1967,
u n
° Parcel.
fn File N3 o.7•sr/G,•
IQI Q
o
1, E=�GG72G2./6 !t
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zai o- lot 12
Lot 14
NW7'})of7: toi I 98.97 •
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h_ BLOCK B
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Lat Line
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,O Lot I I
Lot 13 a
Y �96a'NG430 ZSc
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eN ARF ON THE CALIFORNIA COORDINATE SYSTEM. ZONE 6,
T THE CALIFORNIA DIVISION OF HIGHWAYS OFFICE. SAN DIEGO.
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.
4. installation of street lights and payment of 18--month
energy charges as required by City Engineer,
All construction shall .conform to City standards at time the
work is done.
xhibit ,B"
Awl 1 II
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RESOLUTION N0. 3397
A RESOLUTION OF THE CIT`, COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, A?PROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND E.C. MALONE
FOR VARIANCE NO. 237, P10 PICO AVENUE AND PALM
AVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
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 E.C. Malone for Variance No. 237, Pio Pico Avenue
and Palm Avenue dated the day of ,
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 author-
ized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California, held on the 2nd day
of April, 1974, by the following vote, to wit:
AYES:
NOES:
ABSENT:
1 ATTEST:
MARGARET E. ADAMS, City er
(SEAL)
ROBERT C. FRAZEE