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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 10 11 12 13 ld 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 - 1- i:..... ..... _ . c . -r.•. ..4 ,.. ... o ara„ , m.-D� :. :... ".:'r. v a' .. d�>:axxaa'. a0--£.!.M-•.v+_n..: 10 11 12 13 14 15 16 .17 is 19 20 21 22 i 23 24 25 26 •27 28 29 30 31 32 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 -2- . :..,, 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� 12 13 OWNER Malone, General Partner 14 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: 27 28 Vincent F. Biondo, City t rney 29 30 31 32 -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 / rV 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 0° p ; ' of Records. A portion of said easement was quit -claimed 0 0 4 to the State of Colifornia by muff Z 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 o C zai o- lot 12 Lot 14 NW7'})of7: toi I 98.97 • .S 6"'7.a'02 , h_ BLOCK B h v ' Lat Line M • Q_ a ,O Lot I I Lot 13 a Y �96a'NG430 ZSc r 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 ra 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20. 23. 22 23 24 25 26 27 28 29 30 31 32 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