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HomeMy WebLinkAbout1974-05-07; City Council; 3086; Future Improvement Agreement Sewers and Final Map CT 73-30 16-unit Condominium Located on the North side of Juniper Street between Garfield and RR Bryan and Adams"" — •' • • ^ , THE CITY OF CARLSBAD, CALIFORNIA <_' ///— A,.' — ,"" 'Agenda Bill No._J^jN?_ ^ ^ .£ ^Date May t, 1974 Referred. To: ' " "~ "v &£i±____0 Subject: Submitted By: 7^ Future improvement agreement (sewers) and City Engineer (7_ _final map - CT 73-30 (16 unit condominium TLocatea on north side of Juniper St. between r?arfip>1d and RRi_ Bryan & Aria'mR Statement of the Matter I. The Engineering staff has completed checking the final map of Carlsbad Tract 73-30 for conformance with the State Subdivision Map Act and applicable State and local ordinances of the City of Carlsbad. The final map conforms substantially to the conditions of the tentative map approved by the City Council on September 4, 1973 by Resolution No. 3210. II. Item 14 of Resolution No. 3210 states that the owner shall participate in a future assessment district serving the local area. Construction of required improvements.at this time is not feasible. A future improvement agreement is in order. The Mayor and City Clerk are required to execute a future improvement agreement on behalf of the City. Exhibit A. final map t B. future improvement agreement C. Resolution No. Staff Recommendations to City Manager Adopt a motion: 1. adopting Res. No. ^%*f If authorizing the Mayor and City Clerk to execute the subject agreement, and 2. approving the. final map of Carlsbad Tract 73-30. ,--<** AB No.Date: May 7. 1974 City Manager's Recommendation Concur with staff recommendation. Council Action APPROVED .; rl o 1234 QE....ME H.. 74-126900 ^•^ BOOK 1974 — . 2j 3! 41 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 23 29 30| olj 32! RECORDING REQUESTED . BY-AND WHEN RECORDED MA i L TO CITY OF CARLSBAD 1 200 E 1m Avenue Carlsbad, California 92008 HAIL TAX BILL TO Owner Names on Line 9 at Address Named on Line 10 RECORDED REQUEST OF crry CL HftYlb 9 52A OFFICIAL RECORDS SAM DIEGO COUNTY.CALIF. HARLEYF.BLOOM RECORDER . JWQ 0 o c u m e n t a r y T r a n s f e r T' 3 x $ t?^ «- Computed on F-.ill Value""bf Property Conveyed ...— ....Or Computed on Full Value Less Liens and Encumbrances Remain- ing at Time of Sale. FEE Signature of Declarant Firm Name of Agent Determin i ng Tax FUTURE IMPROVEMENT AGREEMENT of OWNER: Casa de la Playa. a Limited Partnership ADDRESS: 256 Juniper St. Carlsbad, CA 92008 DATED : May 7. T974 PA_RT IES : 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 9 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 CT 73-30 (Juniper Street) Assessor's Parcel No. 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 r convenience sake on Attachment A, attached hereto and made a part hereof. CITY does hereby temporarily waive the requirement that OWNER install those certain public improvements listed on Exhibit B, attached hereto and by this reference incorporated here i n.. Upon written demand therefor by CITY, addressed to OWNER at the address mentioned on Line 10 of Page 1 hereof, OWNER shall for tiiv/i th, at OWNER'S sole cost and expense, prepare plans and specifications, approved by CITY, for the construction" COPY o 1235 o HI I! 2 I 4 5 6 7 8 9 10 12 13 14 | 15 || 16 !ji 17 [I is : 19 I 20 21 j 22 231; 24 | • i; 25 |;ri; 26 j| •27i; |! 28 || 29 p 30 jj!J 31 i: of said public improvements and shall then forthv/ith construct said public improvements according to said plans and specifica- tions, 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 a 11 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. . , ., . • / i'' 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. &.- 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^^'Murvicipal Corporation of ot^jfi^^dta'^f California By: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) S3 . On this day of , in the year_ _ before me, V/j/j»6-/AJ>//> fy\ < the State, personally appeared 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 a Notary Public in "and for C? . £y<3s?2J=^ , known to me -2- 1 2 3 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 20 21 1236 25 25 26 •27 said public corporation, agency or political subdivision, and acknowledged to me that such City of Carlsbad, California executed the same. WITNESS ray hand and official seal. Signature OFFICIAL SEAL ft Virginia M. Smith $ 'WARY PUBLIC - CAUFO.-.N,, I. j P.il,NCIPU OFFICE Ifl f SrtN DIEGO COUNTY rj ^™JSJW_9/1977 |jSSiTJnr'j OWNER OWNER STATE OF CALIFORNIA )gg COUNTY OF SAN DIEGO ) On _, before me, the undersigned, a Notary Public in and for said State,- personally appeared knov/n to me to be the person/s whose name/s ie/are subscribed to the within instrument and WITNESS my hand and official seal. U'.,,,- ^. *-jy-1 Printed) Approved as to form: -OFFICIAL SEAL :-/-.-, FRANK €,DANlEfi-NOTARY PUBLIC^ STATE OF CALIFORNIA COUNTY O )- On before me, the undersigned, a Notary Public in and for said County ""*r*/"^"7^ t A ID A Ai ^~.and State, personally -^--'^ I 1= U i-* rr is n i_j>_ known to me to be-_of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. O Name (Typed ;r printed) Notary Public in nnd for ;aid County and State FOR NOTARY SEAL OR STAMP OFFICIAL, S^AL . •.. ( .-FRANK C.-DANIEI* ; , . weoo cowrnr - -«ji Comwi fctpbw tow. 3fc 1977 j >* Legal Description Lot I in Block "Q" of Palisades No. 2, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1803 filed in the office of the County Recorder of San Diego County, August 25, 1924. ~~""~ ' 1238. C D . . CT 73-30 SEWER SYSTEM CONSTRUCTION (Owner shall participate in a futuresewer assessment district serving the local area.(The area limits and timing of project to be determined by the City Engineer on the existing capacity of the sewers and future development requirements.) All construction shall conform to City standards at time the work i s done.) EXHIBIT O rl j Dc 1 02) 2 Trt © s O ®l QD 3 7? ..*. | GSD 4 .• *, 5 0 ' ' 0.67 AC 7 a . r "*•** ! • a k « " • © (7} ((4J { ^-^ o(D ; i* ®"i ..: OD a ( *•> f_2j) 4 O.D7 AC. f -f \Q) l\ -, •• * @ ': 8 \ 308.77 CD CS) CH) CiD OD ® 7 89 10 II 12 o »n .5V? 77 GAR Pi ELD ST. PAL SADt'5 «• -i I | MAP 17?7 2 o: IU DL z D 49 1 itf/J »'f (33 R 2 c /err! ,n v. (_6r,j »» £f~f~*~ 3 •* I 9*'l , GARFIELD ST. "X.uo LU X ^ r MAP (003 - PALISAC 2 3 i 4J 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 V RESOLUTION NO. 3417 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT. BETWEEN THE CITY OF CARLSBAD AND CASA DE LA PLAYA, A LIMITED PARTNERSHIP, FOR CARLSBAD TRACT 73-30, PARTICIPATION IN A FUTURE SEWER ASSESSMENT DISTRICT SERVICING JUNIPER STREET The City Council of the City of Carlsbad does hereby resolve as follows: 1. That the certain agreement between the City of Carlsbad and Casa de la Playa, a limited partnership, for Carlsbad Tract 73-30, Juniper Street, dated the 7th day of May , 1974, 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 at a regular meeting of the City Council of the City of Carlsbad held the 7th day of May , 1974, by the following vote, to wit: . AYES: CounciTmen Frazee, Chase, McCornas and Lewis NOES: None ABSENT: None OBERT C. FRAZEE, ATTEST: / £*yt-6C.-; Xj*? Jg=^y6*^f OC^-g-*x^ MARGARET^E.~ADAMS, City Clerk By: NORA 1C 'GARDINER, -.Deputy City Clerk (SEAL)