HomeMy WebLinkAbout1974-05-21; City Council; 3098; Parcel Split no 200 Pine and McKinleyTHh CITY OF CARLSBAD, CALIFORNIA
* Agenda Bill Vo. <3.ff*tf J&f&v ,^\W Dat;e May 21, 1974
Referred To:
Subject: ~:Submitted By:
Proposed Parcel Split No. 200 City
Pine and McKinley future
improvement agreement
Statement of theHatter
Applicant has filed a parcel map in accordance with the provisions
of City ordinance no. 9327 to adjust the property line between two
lots. Installation of required improvements 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
improvement agreement is required.
Exhibit
A. future improvement agreement
B. Resolution No.
Staff Recommendations to City Manager
Adopt Resolution No. 3 $^3/ authorizing the Mayor and City Clerk to
execute the subject agreement.
'*».**'
AB Wo.Date.- May 21, 1974
City Manager's Recommendation
Concur.
Council Action
5-21-74- Resolution #3431 was adopted, -authorizing the Mayor and Clerk
to execute Future Improvement Agreement to allow Parcel Split
No. 200 at Pine Ave. and MgKinley St. .(Adrian J. Lebert)
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Q^ww^j.^ ^vu^oTED BY AND
WHEN RECORDED . MAIL -r.TO-
^O
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California
MAIL TAX BILL TO
92008 Documentary Transfer.Tax$ ftj t
Owner Named on Line 7 at
Address Named on Line 8
— Computed on Full Value of Propart-y
Co.nveyed,
""' Or Computed on Full Value Less Lier
and Encumbrances Remaining at Time
of Sale.
. CRY OF CARUWD •
°r
FUTURE IMPROVEMENT AGREEMENT
of
OWNER:Adrian J. Lebert
ADDRESS :_
DATED t
9326 W. Heaney Cir.Santee, CA 92071
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.
COVENANTS; It is mutually agreed by the parties hereto as follows;
1. CITY hereby approves the parcel split #200 Ping
assessor no. 205-051-04 and 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, attach'ed hereto and made
a part hereof. .
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.
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 "
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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 sai-d
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 of 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
.. _ • ,- .' ". ~."" " -' - •-. : r;' '•"•'•- -... • - -':'••'. v '*
shall.create an equitable servitude upon said real property.
CITY OF CARLSBAD, A Municipal
Corporation of the State of California
By:.
Mayor
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )ss .
day of , in the yearOn this
before me,
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
, known to me
-~*'3EE^te*pS "evr.jr;jOjs^w**-;
^**** ' ^^tw-nw
g^gesgyag^
".* jLs-^t^;- " J~-~vv>^.j. ;.,.... _ -^.c^Ji. 1"- **»ii>^•^ -,if<*->**- *-"•*• ' _ - -r.jT-T-i' - -, »<>"• -^in V -T. ^r-^ ^ ^ „ i -"~" d'"
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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
OWNER
OWNER
OWNER
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
ss,
On _, 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
WITNESS my hand and official seal.
Signature_
Name (Typed or Printed)
Approved .as to form:
Vincent F. Biondo, City Attorney
— 3 —
c o
PS #-"2 00
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.
All construction shall conform to City standards at time the
work is done.
Exhibit "B"
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RESOLUTION NO. 3431
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND ADRIAN J.
LEBERT FOR PARCEL SPLIT NO. 200, IMPROVEMENTS
ON PINE AVENUE AND McKINLEY STREET, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Carlsbad does hereby resolve
as follows:
1. That the certain agreement between the City of Carlsbad
and Adrian J. Lebert for Parcel Split No. 200, Pine Avenue
and McKinley Street, dated the 2|§t day of
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 authorized
and directed to execute said agreement for, and on behalf
of, the City of Carlsbad.
V
PASSED, APPROVED AND ADOPTED at a meeting of the City Council of
Carlsbad held May 21, 1974 _ / by the following vote,
to wit:
AYES: Councilmen Frazee, Chase, McConias and Lewis.
NOES: None
' ABSENT: None
ATTEST:
ROBERT C. FRAZEE, May
-., .MARGARET E. ADAMS/ City Clerk