HomeMy WebLinkAbout1974-04-16; City Council; 3066; Parcel Split no 232THE CITY OF CARLSBAD, CALIFORNIA<
Agenda Bill No. 301?b ' Date Apr"! 1 16, 197^
Refer"ed To:^^ ^
Subject: Submitted By.
Parcel Split #232 City Engineer^
Wilson Street- Mike Grieser (/_^ 1)
Statement of the Matter
Applicant has filed a Parcel Map as required by City Ordinance No. 9327.
Installation of the required improvements is not feasible at this time,
therefore a future improvement agreement is in order.
Authorization for the Mayor and City 61erk to execute a future improvement
agreement is required.
Exhibit
"A'J Future improvement agreement
"B" Resolution No.
Staff Recommendations to City Manager
Adopt Resolution M~ rjT*l6g authorizing the Mayor and City Clerk to execute
the subject agreement/7
ORIGINAL
AB No. ' • Date: April 16,
City Manager's Recommendation
Concur with "staff recommendations.
Council Action
4-16-74 . Resolution #3405 was adopted, approving agreement and authorizing
Mayor to' execute same. •
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RECORDING 'REQ^STED BY AND
WHEN RECORDED MAIL TO
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008 Documentary Transfer Tax?_
MAIL TAX BILL TO
Owner Named on Line 7 at
Address Named on Line 8
•— Computed on Full Value of Property
Conveyed,
— Or Computed on Full Value Less Lier
and Encumbrances Remaining at Time
of Sale.
CITY OF CARLSBAD
I OWNER:
FUTURE IMPROVEMENT AGREEMENT
of
Michael M. Grleser and Kandee E. Grieser
ADDRESS :_
DATED:
306 Olive Ave., Carlsbad, CA 92008
PARTIES; The parties^>to this agreement are the City of Carlsbad,
a municipal corporation of the State of California, hereinafter
referred to as CITY; arid 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. 232, Wilson Street
(Assessor's Parcel No. 156-1^2-13)
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 madetf
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 j
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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 perform
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, anc! successors in interest
in said real property, shall run with said real property, and
shall create an equitable servitude upon said real property.
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CITY OF CARLSBAD, A Municipal
Corporation of the State of California
By:.25 _
- y , —Mayor
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
29"
On this 18th day of April , in the year ]974 . ,
before rne, Virginia M. Smith , a Notary Public in and for
the State, personally appeared Robert C. Frazee ^ • , 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
•p '. ' - . "
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,
said public corporation, agency or political subdivision,and
acknowledged to me that such City of Carlsbad, California executed
the Scime .
WITNESS my hand and official seal.
fj/,-. " ' ^ 7y? C^jjr^r [='^3^\ """^OFFICWL SEAL "*
*^\tA??L*~* — " \ o^ Vi i /&— 1M Virginia M. Smith +y^fs£,&-MOl ft |Y\ , o rr~) i |rr f- » -. . :' NOMSY PUBLIC - CAUKK.NIA I
signature (/(.sty^f//*/?!?, I / / / -,. j,.^ Q^QQ COUNTY t
/ - i MY COMMISSION Er.PIR£§ MAY 9, 1977 ;
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*W/~6f,&sr&£/ rfrf > .^£2ttJL^
OWNER
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OWNER
- • - OWNER .
STATE OF CALIFORNIA ) ss '
COUNTY OF SAN DIEGO )
On &d?A«^ & 1 ? 7^/ /• before me, the undersigned, a
Public in and for said State/ personally appeared
' . '
Notary
*^njsAto&' '~7?J. ^$Uj>s*L£>;^ tt<nJ?^ ^^a^i^f^^ ^. ^4f^xu>^<.
' , known to me to be the person/s
whose name/s is/are subscribed to the within instrument and
WITNESS my hand and official seal.
• . ' ' • "
' / ' lJ1SE™PB®^®^®fflS®aEISE^
/ / ' - - C~7 (^ 1 ^t^X OFFICIAL SEAL F!Siqnature^^/.^^^.t^.^, /7? ,\rr>?^Zy' ' 1 ^^^1 Virginia M. Smith ^6 f - ' |%8I/ NOH^~^rN'Ai\fiyQ.l^<Kj>r,f\ )H - c^/rit ( 14 ®»»7^tL..- SAN ^DI£GO COUNTY P|_. ' S MY COMMISSION EXPIRES MAY Q 1077 i !Name (Typed or Printed) *:^^^^^%z^™L^ ^
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Approved as to form:
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1 / ' /v^*/5\ / / >H.^7 ^ $/ / r^\I s\
[} \J k^ \jLstS * \s£\s ^ f\j/\
Vincent F. Biondo, pT'ty Attorney
.
EXHIBIT "A"
SCHEDULE A CONTINUED
All that portion of Lot 4 of Wilsonia Tract, in the County of San
Diego, State of California, according to Map thereof No. 2169,
filed in the office of the County Recorder of San Diego•County,
August 13, 1929, described as follows:
Beginning at the roost Easterly corner of said Lot 4; thence
along the Northeasterly line of said Lot 4, North 34°33' West,
a distance of 217.36 feet to a point, said point being the most
Northerly corner of the land conveyed to George Ede, by deed
recorded in Book 1711, Page 498 of Official Records of San
Diego County; thence continuing North 34°33' West along the
Northeasterly line of said Lot 4 o£ Wilsonia Tract, a dis-
tance of 63 feet; to the true point of beginning of the
property herein described; thence from said true point of
beginning, South 55°27' West parallel with the Northwesterly
line of said Ede's land, a distance of 200 feet to a point
in the Northeasterly line of land described in deed to William
Hines, et ux, recorded June 19, 1957, in Book 6628, Page 237
of Official Records; thence along said Northeasterly line,
North 34°33' West to a point in the Southeasterly line of land
described in deed to Myrtle Mullan, recorded January 31, 1951,
in Book 3954, Page 315 of Official Records; thence along said
Southeasterly line. North 55°27' East 200.00 feet to the North-
easterly line of said Lot 4; thence along said Northeasterly
line South 34°33* East to the true point of beginning.
. "A"
Fo,m 343, . Chicago Title Insurance Company
c*w
PARCEL SPLIT NO. 232
1. Grading and paving of adjacent publ-ic 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.
Exhibit "B"
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>7*/iV'
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•&.££;•?£\\?<y.s?I
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COPY
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RESOLUTION NO._jjJUj_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE-
MENT BETWEEN THE CITY OF CARLSBAD AND MICHAEL
M. AND KANDEE E. GRfESER FOR PARCEL SPLIT NO.
232 IMPROVEMENTS ON WILSON STREET AND AUTHORIZ-
ING THE MAYOR TO EXECUTE SAID AGREEMENT.
The City Council of the City of Carlsbad does hereby resolve
as fol1ows:
1. That the certain agreement between the City of Carlsbad
and Michale M. and Kandee E. Grieser for Parcel Split No. 232,
Wilson Street, dated the 16th day of April , 197*+, a
copy of which is attached hereto and incorporated herein by this
reference, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby authorize(
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, California, at a regular meeting held April 16, 197*+,
by the following vote, to wit:
AYES: Coimcilmen Frazee, Chase, McComas and Lewis
NOES: None
ABSENT: None \/0
ROBERT C. FRAZEE, May«r
ATTEST:
flARGARJjf E . ADAMS , C i ty C 1 erk
(SEAL)