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. .
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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"
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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 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
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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
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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"
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CC llrf-LLJ -ess-s
CO iWf« 5 = j;
to
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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
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§£>250 5 3
^15z £ 8 aUJ Z C«* <£o £ - S5 g 3
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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)