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