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HomeMy WebLinkAbout1974-05-07; City Council; 3084; Parcel Split no 223 Oak Ave and Washington StTHE CITY OF CARLSBAD, CALIFORNIA Agenda Bill No. 3aY*J ' ^Date_ Submitted By: Parcel Split No. 223, Oak Ave . ancr City Engineer -*^ Washington St. V— -* California Property Brokers, Ltd._____ . Statement of the Matter ' Applicant has filed a parcel map according to the provisions of City Ordinance No. 9327. Installation of required street improvements on the Washington Street frontage of the property is 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 -A. future iraprpvement agreement B. Resolution No • Staff Recommendations to City Manager Adopt Resolution No.j^^"authorizing the Mayor and City Clerk to execute the subject agreement. AB Ho .Date: May 7, 1974 City Manager's Recommendation . Concur with staff recommendation. Council Actfon APPROVED * 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 RECORDING 'REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 KAIL TAX BILL TO Owner Named on Line 7 at Address Named, on Line 8 o Documentary Transfer Tax$ NIL _- Computed on Full Value of Property Conveyed, _l_Pr Computed on Full Value Less Lier and Encumbrances Remaining at Time Sale. _City of Carlsbad,nt of Firm" Name • FUTURE IMPROVEMENT AGREEMENT of ' " ',•'•'• £Tt>e OWNER: California Property Brokers, a California corporation ADDRESS ; P.O. Box "B" Carlsbad, CA 92008 ; ; 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. C! OVENANT S: It is mutually agreed by the parties hereto as follows; 1. CITY hereby approves the parcel spli-h #223 - r>ak a-^.. an^ Washington St. assessor's pargel HD'H. 2fn-2fii-fu $ 05 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 o 4 5 8 9 10 11 12 13 14 15 17 18 19 20 21 23 24 25 26 •27 28 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, and successors in interest in said real property, shall run with said real property, and shall create an equitable servitude upon said real property. 22 CITY OF CARLSBAD, A Municipal CorporatiojVo'fe ''the.tState of California •x. •••'!«••»» ' ' ' ' * ''• STATE OF C/iLIFORNIA ). ssCOUNTY OF SAN DIEGO 29" 30 31 32 On this y^ day of /J'1/}}/ in the year /9_ before me, V / /J &-/ /J i A- IK . Ct-H 1 rH . a Notary Public in and for the State, personally appeared fft-,re^Tp-f- <£.• f^/^2.^^, 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 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 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 OFFICIAL SEAL Virginia M. Smith NOTARy P.BtlC - HALIFOr.NI* P5INCIPU OFFICE IN SAM DIEGO COUNTY COMMISSION EXPIRES MAY 9, 1977 a'saeiaEiaiaffliaE p ^2*~>*^. OWNER CMNER i TO 449 C (Corporation) STATE OF CALIFORNIA COUNTY OF. q.-o . ,On—4 State, personally appeared known to me to be the __ known to me to be _____ ss. V T A-S T A U . before me, the undersigned, a Notary Public in and for said 4- A/ezr ' President, and known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my \\attG3 and official s. Secretary of the corporation that executed the within Instrument, Sft-R-^A-PA ^^ U-WkA, 26 j -27 28 29 30 31 32 Name (Typed or Printed) Approved as to form: ££'JSE3IS^^S5KE^5ElSlSlSlSS\S!S®lSlS!E15g} OFFICIAL SEAL 1 Barbara J. Weeda 1 NOTARY PURUC CALIFORNIA 1 PRINCIPAL OFFICE IK p SAM 0:EGO COUNTY £j ••SoiCN EXPIRES W\. 2!, 1973 Vincent F. BTondo, City Att/oVjiey -3- (This area for official notarial seal) II Legal Description for - Future Street Improvement agreement Proposed Parcel Split No. 223 Oak Avenue & Washington Street A portion of the easterly one half of Block 16 of the town of Carlsbad subdivision in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 535 filed in the Office of the County Recorder of San Diego County May 2, 1888 described as follows: Beginning at the most easterly corner of the said easterly one half of Block 16, thence North 34°34'30" West 200.12 feet along the easterly boundary of said Block; thence South 55°26'42" West 145.09 feet; thence South 34°34'42" East to a point on the southerly boundary of said block; thence along the southerly boundary North 55°26'30" East 145.07 feet to the Point of Beginning. Exhibit "A" 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. 5. Items 1, 2, 3 & 4 pertain to Washington St. frontage only. Improvements on Oak Ave. frontage are to foe installed prior to building occupancy. All construction shall conform to City standards at time the work is done. Exhibit "B1 '£ACrODLE:/=?S) f=>E-f=z f?5.#323 1 RESOLUTION MO. 3415 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT 3 I BETWEEN THE CITY OF CARLSBAD AND CALIFORNIA PROPERTY BROKERS, LTD. FOR PARCEL SPLIT NO. 4 223 IMPROVEMENTS ON WASHINGTON STREET AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT 5 6 The City Council of the City of Carlsbad does hereby resolve 7 as follows: 8 1. That the certain agreement between the City of Carlsbad 9 and California Property Brokers, Ltd. for Parcel Split 10 No. 223, Washington Street, dated the 7th day of 11 May , 1974, a copy of which is attached hereto 12 and incorporated herein by this reference, is hereby 13 approved. 14 2. That the Mayor of the City of Carlsbad is hereby 15 authorized and directed to execute said agreement for, 16 and on behalf of, the City of Carlsbad. 17 PASSED, APPROVED AND ADOPTED at a regular meeting of the City 18 Council of the City of Carlsbad held on the 7th day of .May ' 1974,- by the following vote, to wit: 20 AYES: Councilmen Frazee, Chase, McComas and Lewis 21 NOES: None 22 ABSENT: None f*z<& .^HUJIJ;,,, ROBERT C. "FRAZEE, M^yor 24 ATTEST: /X-'\V ^ M/''''''•, 'V t f ^^L^^^u^^^L 25 26 ___^_^Z—,-=-=--;,- ... ^ •.MARGARET, E -. \ ADA1-IS , C i ty Clerk 27 By: NORA K, GARDINER, Deputy City Clerk 28 (SEAL) 29 30 .31 32 |i i