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HomeMy WebLinkAbout1974-06-04; City Council; 3107; Future Street Improvement AgreementTHE CITY OF CARLSBAD, CAL!FO~'IA 9f genda BIN- "o. $t , J Date _ June k, 1974' Ke rer red i o: sUbJiFFi Future Street~Tm"pro^/e^trt . SUbFfTtid" B Agreement - Private Development of 7 lots on Public Works Ocean Street at Beech Avenue Administrato For Carlsbad Beach dub^ ), | / i_------- S_ba_te_ment ot the Matter The Carlsbad Beach Club has agreed to enter into a future street improvement agreement with the City of Carlsbad as a part of subject development. The future agreement includes standard street improvements and future sewer district requirements. (See Exhibit "A"). Authorization for the Mayor and City Clerk to execute a future agreement is required. Exhibit "A" - Future Street Improvement Agreement "B" - Resolution No. \ Staff Recommendations Adopt Resolution No. ^J!^^ author iz i ng Mayor and City Clerk to execute the subject agreement.' AB No.Date: June k, City Manager's Recommendation Concur with staff recommendation. Council Action 6-5-74 Resolution No. 3439 authorizing May and CC to execute Future Improvement Agreement" was adopted. . -1 I 4! 5 6 7 8 9 11 12 13 14 15 16 |i 17J l| 18 jj 19 j| 20 II 21 22 23 24 25 26 27 23 29 30 3l| 32 RECORD ! NG REQUESTED . BY AND V/MEN RECORDED MA I L TO CITY OF CARLSBAD 1200 Elm Avenue Carlsbad,•Californla 92008 MA!L TAX BILL TO Owner Names on Line 9 at Address Named on Line 10 Documentary Transfer Tax $_NIL - Computed on Full Valu-3 of Property Conveyed - Or Computed on Full Value Less Liens and Encumbrances Remain- ing at TI me of Sa1e. City of Carlsbad Signature of Declarant Firm Name of Agent Determining Tax FUTURE IMPROVEMENT AGREEMENT of OWNER: Carlsbad Beach Club, c/o Robert J. Klitgaard ADDRESS : 1635 First National Bank Building, San Diego, CA 92101 DATED: b- 5 ~ PARTI£S: 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 development on lots 23 thru 29 inclu- sive, Blk A, Hayes Land Co., Map No. 2 of Map No. 1221 assessor's parcel no.203-140-18 & 1< 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. 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 herein. Upon written demand therefor by CITY, addressed to OWNER at the address mentioned on Line 10 of Page 1 hereof, OWNER shall forthwith, at OWNER'S sole cost and expense, prepare plans and specifications, approved by CITY, for the construction" \ • 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 •27 28 29 30 31 32 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. 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. 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, A Municipal Corporation of the State of California By:. Mayor STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO )ss. day of , in the year _, a Notary Public in and for , known to me On 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 -2- 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 said public corporation, agency or political subdivision, and- acknowledged to me that such City of Carlsbad, California executed the 5;ame. WITNESS my hand and official seal. Signature_ CARLSBAD BEACH CLUB OWNER . Klitgg&rd OWNER OWNER STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On May 14, 1974 _, before me, the undersigned, a Notary Public in and for said State,- personally appeared R. J. Klitgaard _., 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 CHARLENE A. ROBINSON Name (Typed or Printed) Approved as to form: PRINCIPAL OFFICE IN SAN D'EOO COL-NTY My Com'mission Expires March 7, 1577 Vincent F. Biondo, City Attorney -3- Lots 23, 24, 25, 26, 27, 28, 29, in Block "A" of Hayes Land Company Addition to Carlsbad, Map No. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1221, filed in the Office of the County Recorder of San Diego County, November 4, 1909. Exhibit "A" u_ ffo drr*.-,,* ^•& CC llrf-LLJ -ess-s CO iWf« 5 = j; to UJ 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. Owner shall participate in a future sewer 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 develop- ment requirements). All construction shall conform to City standards at time the work is done. Exhibit "B Q<mw g • CM C\|o: < o! "" ° < S&ii §£>250 5 3 ^15z £ 8 aUJ Z C«* <£o £ - S5 g 3 > t K< <> °1- O I 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 RESOLUTION NO. 3439 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CARLSBAD BEACH CLUB FOR PRIVATE DE- VELOPMENT ON OCEAN STREET AT BEECH AVENUE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain agreement between the City of Carlsbac and Carlsbad Beach Club for private development on Ocean Street at Beech Avenue dated the 5th day of June , 1974, a copy of which is attached hereto marked Exhibit A and incorporated 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 June , 1974, by the following vote, to wit: AYES: Cmn. Frazee, Chase, McComas, and Lewis. NOES: None. ABSENT: None. o<7 / s ROBERT C. FRAZEE, Mayor ATTEST : /-•' 77 /£<{-?£^' ¥. &s6t-jxseS MARGARET E. ADAMS ,v- City Clerk • ,' . (SEAL)