HomeMy WebLinkAbout1974-05-05; City Council; 3001; Parcel split no 222 Ralph Worthing_. . THEJLITY OF CARLSBAD, CALIFORNIA^ .-£?,- Jd — & — /*i -: •• ^ O O """"Agenda Bill No. ^ ^ 6 f^ ^ciate Feb. 5f 1974
Referred To:
Subject : Submitted By:
Future improvement agreement - Parcel Split Public Works Director
No. 222 - Ralph Worthing - Roosevelt to
Tyler Street between Pine and Oak.
Statement of the Matter
Applicant has filed a parcel map as required by Ordinance No. 9327
to combine two (2) lots. Standard improvements exist on the Roosevelt
Street frontage, and the installation of required improvements on
Tyler Street 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
agreement is required.
Exhibit
1. future improvement agreement
2. Resolution No.
Staff Recommendations to City Manager
Adopt a motion authorizing the Mayor and Clerk to execute attached
future improvement agreement on behalf of the City.
AB No. ' Pate; Feb. 5, 1974
City Manager's Recommendation
Concur with staff recommendation
Council Action
2-5-74 Resolution No. 3352 was adopted and the future improvement
• agreement was authorized.
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IMPROVEMENT AGREEMENT
DATE OF AGREEMENT; February 14. 1974
NAME OF DEVELOPMENT; Parcel Split Nn. 208 - Harrison St-.
NAME OF SUBDIVIDER; Harrison Lagoon, A Limited
ESTIMATED TOTAL COST OF IMPROVEMENT; $6.770.00
ESTIMATED TOTAL COST OF MONUMENTATION; waived
TIME LIMIT FOR PUBLIC IMPROVEMENT COMPLETION; 6 months
PARTIES; The parties to this agreement are the City of
Carlsbad, California, a Municipal Corporation of the State of
California, hereinafter referred to as CITY; and the subdivider
named on Line 3 of Page 1 hereof, hereinafter collectively referred
to as SUBDIVIDER.
WITNESSETH;
WHEREAS, SUBDIVIDER proposes to subdivide land within the
City of Carlsbad to be known as p.s. #208 - Harrison St. / and
WHEREAS, SUBDIVIDER proposes to construct street and other
public improvements in connection with said subdivision as required
by the Carlsbad Municipal Code and as hereinafter provided; and
WHEREAS, the provisions of Section 20.16 of the Carlsbad
Municipal Code provide for an agreement containing certain
provisions as hereinafter set out;
NOW, THEREFORE, in consideration of their mutual promises,
the parties hereto agree as follows:
COVENANTS:
NOW, THEREFORE, it is agreed between the parties hereto as
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follows:
1. SUBDIVIDER agrees to complete all improvement work in
accordance with plans and specifications approved by the City
Engineer, including all improvements required by the Municipal
'Code which were not specifically waived by the Planning Commissic n
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o date hereof.
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or City Council in approving the subdivision, plus any additional
improvements required by the Planning Commission or City Council
as a condition of approving the subdivision. The conditions
impost by the Planning Commission or City Council are incorpor-
ated here by reference and made a part hereof as though 'fully
set forth. SUBDIVIDER agrees to complete .said improvements
within the time limit specified on Line 6 of Page 1 from the
2. SUBDIVIDER shall furnish to CITY good and sufficient improvement
security on forms approved by CITY, in the amount of 100% of
said amount stated on Line 4 of Page 1 hereof to assure faithful
performance of this Agreement, and in the additional amount of
50% of said amount stated on Line 4 of Page 1 for securing
payment to the contractor, his subcontractors and persons rentinj
equipment or furnishing labor or materials to them for the
improvements required to be constructed or installed hereby,
and shall deliver or pay to CITY a bond or cash deposit in the
amount stated in Line 5 of Page 1 hereof guaranteeing the cost
of setting subdivision monuments as required by law.
3. The City Engineer or his duly authorized representative, upon
request of SUBDIVIDER, shall inspect the improvements herein
agreed to be constructed and installed by SUBDIVIDER, and, if
determined to be in accordance with applicable City standards,
shall recommend the acceptance of such improvements by CITY.
4. Any changes, alterations or additions to the Improvement Plans
or improvements, not exceeding ten percent (10%) of the original
estimated cost of the improvement, which are mutually agreed
upon by CITY and SUBDIVIDER, shall not relieve the improvement
security given for faithful performance of the improvement. In
the event such changes, alterations, or additions exceed ten
percent (10%) of the original estimated cost of the improvement,
SUBDIVIDER shall provide improvement security for faithful
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1 performance as required by Paragraph 2 of the Covenants hereof
2 in the amount of fifty percent (50%) of the total estimated
3 cost of the improvement as changed, altered, or amended, minus
4 any completed partial releases thereof as allowed by the
5 Subdivision Map Act.
SUBDIVIDER shall guarantee such improvements for a period of
7 one (1) year following the completion by SUBDIVIDER and
•8 acceptance by CITY against any defective work or labor done,
9 or defective materials furnished, in the performance of this
10 agreement by SUBDIVIDER.
11 6. In the event that SUBDIVIDER fails to perform any obligation
12 hereunder, SUBDIVIDER authorizes CITY to perform such obligation
13 twenty (20) days after mailing written notice of default to
14 SUBDIVIDER at the address given below, and agrees to pay the
15 entire cost of such performance by CITY.
16 7. In the event that SUBDIVIDER fails to perform any obligation
IV hereunder, SUBDIVIDER agrees to pay all costs and expenses
18 incurred by CITY in securing performance of such obligations,
including costs of suit and reasonable attorney's fees.
20 SUBDIVIDER hereby binds itself, its executors, administrators
and assigns, and agrees to indemnify and hold CITY harmless
from any losses, claims, demands, actions, or causes of action
23 of any nature whatsoever, arising out of or in any way connected
24 with the improvements agreed to be constructed and installed
25 hereunder by SUBDIVIDER, including costs of suit and reasonable
26 attorney's fees for a period of one (1) year following the
27 acceptance of said improvements by CITY.
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29 CITY OF CARLSBAD, A Municipal
Corporation of the State of
30 California
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Mayor
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On this
roe, MARGARET E. ADAMS, a Notary Public in and for said State,
personally appeared , known to ine 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 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
/*•"-•
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
day of in the year before
MARGARET E. ADAMS
HARRISON LAGOON, a limited partnership
OWNER
By ECO-WEST, INC., a California corp.,
General Partner sj
By .jk/My lf\WWM(/U*-
OWNER jan Mackenzie, President
OWNER
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On
ss.
before me, the undersigned, a Notary
Public in and for said State, personally appeared
known to me to be the
person/s whose name/s is/are subscribed to the within instrument and
acknowledged that he/she/they executed the same.
WITNESS my hand and official seal.
Signature
Name (Typed or Printed)
Approved• / yLVincent^r.liTonc'o, City
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )ss.
On February 13, 1974, before me, the undersigned, a Notary Public, in
and for said State, personally appeared ISAN MACKENZIE, known to me to be
the President of Eco-West, Inc. , which corporation is known to me to be the
General Partner of the Limited Partnership, Harrison Lagoon, which executed
the within instrument and further acknowledged to me that said corporation
executed the within instrument pursuant to its bylaws or a resolution of its
Board of Directors as the General Partner of said Limited Partnership.
WITNESS my hand and official seal.
*^-&--*--f><z™J?bf^^F''l>^P'^'^
-i --...• i •-".». I ^
VIOLA ; I ;"
KOiAiii i"'J. ' . • .-.'.i-LW
pnifJC.'l-.'.L 0.". 'E IN
SVi GltiGO COUNTY
5 My Commission Ex?i cs January 8, 1976
~ L « . • • " »t j» MJU^JVWWW^^^"^^*
Notary Public in and for said S
Viola M. Cosby
(Name typed or printed)
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RESOLUTION NO. 3352
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE-
MENT BETWEEN THE CITY OF CARLSBAD AND RALPH
E. AND MARYANNE H. WORTHING FOR PARCEL SPLIT
NO. 222, ROOSEVELT AND TYLER STNETS AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREE-
MENT.
The City Council of the City of Carlsbad, California,
does hereby resolve as follows:
1. That that certain agreement between the City of
Carlsbad and Ralph E. and Maryanne H. Worthing for Parcel Split
No. 222, Roosevelt and Tyler Streets dated the 5th day of
February , 1974, a copy of which is attached hereto and in-
corporated 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 at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
5th day of February, 1974, by the following vote, to wit:
AYES : Councilmen Dunne, McComas, Lewis, Chase and Frazet
NOES : None.
ABSENT: None.
ATTEST :
(SEAL)
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FUTURE IXPROVEM?BT AGREENEXT
of
OVTXER: Ralph E. Worthing and Maryanne ti. Worthing
ADDRESS : 1771 Andrea Ave., Carlsbad, CA 92308
DATED :
PARTIES: The partiesfto 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 nunber or gender,
COVENANTS: It is wtually-agreed by the parties hereto as follcws
1.
2.
3.
CITY hereby approves the ?arcel Spf it No. 222- Roosevelt and-
Tyler Streets - Assessor's Parcel No. 204-02t-5 I5
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 herei-n. Also shown €or
convenience sake on Attachment A, attached hereto and made
a part hereof.
CITY does hereby temporarily waive the requirement that oXSER
install along the street frontage of said property those
certain public improvements listed on ExhiSit B, attached
hereto and by this reference incorporated herein.
Upon written demand therefor by CITY, addressed to OWNER at
the address mentioned on Line 8 of Page 1 hereof, 0>7xE€? shall
forthwith, at OWNER'S sole cost ai?d expense, prepare plans
ar.d specifications, approved by CITY, for the construction
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of said public improvements in the street frontage of said
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1 property, and shall then forthwith construct said public
improvements according to said plans and specifications,
this paragraph may, at CITY's sole discretion, demand said . 5j this paragraph may, at CITY's sole discretion, demand said
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the obli'gation of the 'new owner, 13 I/
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
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14 I 5, I In the event OWNER fails to act as required in paragraph 3
above, after written demand therefor by CITY, CITY may perform
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
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21 shall create an equitable servitude upon said real property.
OWNER'S said obligations and OWNER shall upon written demand
.
CITY OF CARLSBAD, A Municipal
Corporation of the State of California
STATE OF CALIFORNIA
COUNTY OF SAfJ DIEGO )
On this ?* day of -&b,rd,+& in the year /f?"' I
Se lorc i11.2 ,
to be Mayor of the City of Carlsbad, CaLiforn$a, and known to rr,e
) ss ,
, a Notary Public in an.d for
L~/YN+ i , known to Tiic'
to be the person who executed the within instrument on behalf of [
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said public corporation, agency or political sabdivision, and
acknowledged to mc that such C!i.'ty of Carlsbad, Cali Eornia execute2
the same.
WITNESS my hand and official seal,
1
O'YJNER
STATE OF CALIFORNIA ) ss,
COUbTY OF SAN DIEGO )
On g?*7&FA& 24 1974
pub'lic in and for said State; personally appeared
, before me, the undersigned, a Kotary
$&,t&& k %L&LdL7,4 LIkLd. )7R-$.L/24" I1 Jy >*+.&&,* r.
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whose name/s &/are subscriSed to tne within instrument and
WITNESS my hand and official seal.
', known to me t"b be the person/s LJ
Approved as to form:
PARCEL SPLIT #22?. - Worthing
LEGAL DESCRI ?Ti ON
Lots 26 G 27 in Block 32, City of Carfsbad, County of ~
San Diego, State of California, according to map thereof
No. 535 filed in the office of the Recorder, San Diego
County, May 2, 1888.
Assessor's Parcel No. 264-021-5 I6
EXH I8 I T "A"
PARCEL SPLIT #22?
1. Grading and paving of adjacent publ-ic right of way
city Standards.
c to its center1i.De except that portior, improved to
2, Construction of P.C.C. curb, gutter and sidewalk
abutting all street frontages of property.
Planting of street trees or deposit of monies with
the City to plant said trees.
3.
4. Installation of street lights and payment of 18-month
energy charges as required by City Engineer.
ALI construct.ion shall conform to City standards at time the
work is done.
Exhibit ”B ”
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