HomeMy WebLinkAbout1974-07-16; City Council; 3140; AMENDMENT TO LA COSTA INTERIM PARKS AGREEMENTa IC
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OF C A R L S B A D, e
THE CITY
Agenda Bill No. 314 Date: July 16. 1974
Referred To: -
Subject: Submitted By.
AMENDMENT TO LA COSTA INTERIM PARKS
AGREEMENT City Manager - --___- ----
. Statement 05 the flatter
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As part of the La Costa Master Plan Ordinance,
Canyon was to be dedicated to the City as certain adjacent lands developed. Additionally, an Interim Parks Agreement was entered into with La Costa to resolve on a temporary basis certain possible future deviations from the Master Plan
concerning the potential location of park dedications in
La Costa. La Costa and the City staff are working towards a
final resolution of these problems, which will result in an
amended Master Plan. During this period, however, in order
to facilitate the timely processing of projects in La Costa,
it will be necessary to amend the Interim Parks Agreement.
the San Marcos
Exhibit
Resolution No.
c
staff Recommendations to the City Manager -
See City Manager Recommendations
s
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July 16, 1974
I_
Gate : AB No,
City Manager’s Recomnendation
Adopt a resolution amending the interim parks
agreement.
Council- Action
7-16-74 Resolution #3466 was adopted, amending the Interim Parks Agrc
with La Costa, and authorizing the Mayor to.’execute same.
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RESOLUTION NO. 34 66
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING
FIRST SUPPLEMENT TO INTERIM PARKS AGREE-
MENT DATED OCTOBER 15, 1973 BETWEEN THE
CITY OF CARLSBAD AND LA COSTA LAND COM-
PANY AND AUTBORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT. I
The City Council of the City of Carlsbad, California
does hereby resolve as follows:
1. That that certain agreement entitled "First Suppl
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of Carlsbad and La Costa Land Company" for the modification
La Costa's obligations in regard to the dedication o€ San Ma
Canyon, a copy of which is attached hereto marked Exhibit A (
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4 1, to Interim Parks Agreement Dated October 15, 1973 Between Th
1 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
half of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of
City Council of the City of Carlsbad, California, held on thc
16th day of July , 1974, by the following vote, to wI
Councilmen Frazee, Chase, McComas, Lewis and Skotnick AYES:
NOES : None.
ABSENT : None.
!fi&p&/, \9 d r .-gc --7-,%+ 4 3. ,-
ROBERT C. FRAZET2 Mayor
ATTEST:
EXHIBIT 'A'
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FIRST SUPPLEHECTT TO INTERIM PAFES AGREEXINT
TiiE CITY OF CARLSB2l.D ABD LA COSTA LAND C08IPAXY
DATED OCTOBER 15, 1973 BET'NE'EN
This First Supplement to Interim Parks AgreemeRt
made this 18th day of Ju1.y , 1974, by and hetween
THE CITY OF CARLSBAD, a municipal corporation under the
laws of the State of California (hereinafter called *'City'')
and LA COSTA LQJD COX?AXY, an Illinois corporation (hzrein-
after called "La Costa") ;
W 1 T N E S S E T H:
WXEREAS, La Costa and City entered into an interim
parks agreement dated October 15, 1973, to provide for the
scheduling of the dedication of the Master Plan Parks in
connection with the La C er Plan development and
to clarify the procedure for accomplishing the dedication
of San Marcos Ca ord wi dinance No. 9322 ..
- _-_ - _- - --- .- - - - WHEREAS, La Costa is desirous of modifying the
schedule for the accomplishment of the dedication of por-
tions of San Marcos Canyon; and
WHEREAS, City is agreeable to accommodate La Costa
i2 said regard and at the same time further clarify the
procedure €or accomplishing the complete dedication of
the Canyon, including a comprehensive survey at: the expense
of La Costa in order to fix the Canyon's boundaries;
NOW, THEREFORE, in consideration of the mutual
promises and obligations of the parties it is agreed as
r'ollows:
1. Section I of the Agreement dated October 15,
1973, between the City of Carlsbad and La Costa Land Company
for interim park arrangements is amended to read as follows:
La Costa, in lieu of awaiting releases of that
portion of the La Costa Master Plan area denoted as "San
Marcos Canyon", as provided in Ordinance 9322 which adopted
"1.
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said plan, shall dedicate the Canyon as hereinafter provid
the bour,daries of the s&division known as La Costa Vale I
and III and ranging down to a midpoint at the botton of thl Canyon shall be surveyed and the acreage contain.td therein
cereified by a licensed civil engineer and deeded or dedi- cated to the City by December 31, La Costa may rese:
such slope right ar,d other easements on the boundaries of
said Canyon as necessary to develop the adjacent property
and as agreeable to the City,
(a) Those portions of the Cznyorr adjacent to
1974.
(b) La Costa shall immediately undertake to
survey the boundaries of all portions of the Canyon as shcx
on the Master Plan as adopted by Ordinance 9322 an2 not
previously dedicated. licensed civil engineer and shall be accompfished to the satisfaction of the City Engineer. Said survey shall be
completed and delivered to the City Manager €or submission
to "&e City Council. €or aFproval by Decelrher 31, 7974, Upon approval it shall fix the boundaries oE the Canyon for
purposes of accomplishing the dedication of the Canyon in
accord with Ordinance 9322 and this agreement,
Prior to the approval of any final map for
property adjacent to the Canyon and as a condition preceden to such approval La Costa shall survey those portions of
the Canyon adjacent to the subject map down to a midpoint
at the bottom of the Canyon, and the acreage contained
therein shall be certified by a licensed civil engineer
and shall be deeded or dedicated to the City of Carlsbad,
~a Costa may reserve such slope right and o-thor easements on the boundaries of said Canyon as necessary to develop
the adjacent property and as agreeable to the City."
The survey shall be cerkified by a
(c)
.
- IN WITNESS TJHEREOF, the parties hereto have caused
this First Supplement to Interim Parks Agreement to be
executed the Say and year first hereinabove written,
CITY OF CARLSBAD
BY / Zflf2C%G4
,," ,,\I" ' L/ Robert C. eazee, Myor
* f.) t
,*' ATTEST:
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LA COSTA L?L" COMPANY
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BY
APPRO-ZED A TO FORM: 4 ,- 4 /]{ #. // ,-- )+--I?
/ /,fl/PYnk?>h_j : I \\ dincent F. Biondo, Jr. i pi
City Attorney
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