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HomeMy WebLinkAbout1974-08-06; City Council; 3148; Parcel split #147 future improvement agreementTHE CITY OF CARLSBAD, CALIFORNIAA Agenda Bill No. 3/TY ^ Date August. 6. 1974 Referred To Subject: Submit ted-By Future improvement agreement - Parcel Split City No. 147 (recreational vehicle park located on south side of Palomar Airport Rd between Kelly Dr & Macario Rd) Carroll R. Kelly Statement of the Matter Applicant has complied with the provisions of the Conditional Use Permit No. 58-A; installation of required improvements on Macario Road, Palomar Airport Road and Kelly Drive, however, are not practical at this time, therefore, future improvement agreements (see Exhibits A, B & C) are in order. The Mayor is required to execute improvement agreements on behalf of the City. Exhibit A. future improvement agreement for full width of unimproved portion of Macario;Road B. future improvement agreement along the parcel frontage of Palomar Airport Road C. future improvement agreement involving Kelly Drive and sewer line D. Resolution No.^3^7J, No.Jy^y, & No. 3*/TS~ Staff Recommendations to City Manager Adopt a motion adopting Resolution No.JV7j? / No.3y7V' & No. authorizing the Mayor to execute the subject agreements. AB No.Date: August 6, 1974 City Manager's Recommendation Concur with staff. Counci 1 Action 8-6-74 Matter continued to 8-20-74 to allow resolution of questions raised by attornies ' for Mr. Kelly and Mr. and Mrs. Pritchard-. - 8-20-74 Resolution No. 3473 approving a future improvement agreement for Macario Rd was adopted; Resolution No. 3474 approving a future improvement agreement for parcel frontage of Palomar Airport Rd. was adopted; Resolution No. 3475 ^ approving improvement agreement involving Kelly Dr and sewer line was " adopted. • • RECORDING REQUESTED- BY; AND WH3N RECORDE^'IAIL TO CITY OF CARLSBAD 1200 Elm Avenue . . Carlsbad, California 92008 Documentary Trans'fer Tax$ is 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 MAIL TAX BILL TO j__Computed on Full Value of Property Conveyed, . . r • • ;C ___Pr Computed on Full Value iLess Lier|s Owner Named on Line 7 at . and Encutnbrances Remaining at Time Address Named on Line 8 ';• of or FUTURE IMPROVEMENT AGREEMENT OWNER:Carrol] R. Kelly ADDRESS: P.O. Box 17S^ Carlsbad, CA 92008 DATED; August 2Q. 1974 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, v/ithout regard to number or gender. .,.''""' • ~ * — *._» • - -'. COVENANTS; It is mutually agreed by the parties hereto-as follows: 1. CITY hereby approves the Parcel Spl it No. 1^7 - Palomar • ^— * *" "*' *• ** Airport .Road at Kelly iJrlve Assesor's Parcel No. 212-Ot»0-3], ' -. on .that certain real property, warranted by OWNER to be ;- •• * "*" .^'_>T"," wholly owned by him, described on Exhibit A, attached hereto and by this reference incorporated herein. Also shown for - i ' - • . convenience sake on Attachment A, attached hereto and made 4» a part hereof". ~ ,., ^ " - - - "-: ' , , * • * 2. 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. ; 3. Upon written demand therefor by"CITY, addressed to OWNER at the address;mentioned on Line. 8 of page I/ hereof, OWNER shall forthwith, at OWNER'S sole cost and expense, prepare plans and specifications, approved by CITY, for the construction' * : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 19 '20 21 22 23 24 25 26 •27 28 29 30 31 32 ^ ' .''-7,- .* x t < - „ „ e-f 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»i a waiver by CITY of its continuing right to demand such work' in the future. « " . • '-/- 4. in the eventititle to said property or a part thereof .is sold, • the herein stated obligation shall automatically also become the obligation of the new owner. * - ...- ~-. " * ,; * . ' f "* r * • ^- - ''""I " s i 5. In the event OWNER fails to act as required in paragraph 3 above, after written demand therefor-by CITY, CITY may perform j- •* OWNER'S said obligations .and OWNER shall upon written demand therefor, reimburse to CITY, its costs therefor. \: /V ! : 6. This agreement shail 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 . . .", J: Corporation of the State of California STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO )ss. On this -21 s4- before me, day of J^ugu<Hr . 1^. ^nxt4-V> in the year a Notary Public in and for Q. F*eflz.£"£" / known to methe 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 "v -2-1 1 2 3 5 6 7 8 9 10 11 12 13 said public corporation, agency or political subdivision, and . . acknowledged .to me that such City of Carlsbad, California executed the same. - . •"'"'/••' '••-''.••"' ''-..•'•'.''•••' : .''".'' .V ". • :••'..-•:~- .!-'-'••' WITNESS my hand and official seal. Signature • OFFICIAL SEAL -•:- , Virginia M. Smith ri . '•'..":•-.-'.-.:NOMW K»M — uufoutu ; •••-' "• " • MINCIMi OfftCt IH ' : t} .-.'•'•-'-' SAN DIEGO COUNTY '- -', * . . ' ' j>Mt COMMISSION EXPIRES MAY 9. 1977 "« .; > ; '"" XBaa5BE5R Attorney in Fact Robert,Patrick Kell; >\<* , . DOWNER TO 444 CA (7-73) (Attorney in Fact) STATE OF CALIFORNIA COUNTY DF SAN DIEGO > SS. TITLE INSURANCEANDTRUST AT1CORCOMPAHT 1 On.June 27, 1974 personally flrp«™r Robert Patrick Kellybefore me, the undersigned, a Notary Public in and for said State, isknown to me to be the person— whose name Attorney in fact «f Carroll R. Kelly . subscribed to the within instrument, as the and acknowledged to me thatofCarroll R. Kelly and nXS own nanie_ as Attorney__ in fact. .subscribed the name _ thereto as principal WITNESS my hand and official seal. Signature. Audrey B. OFFICIAL SEAl AUDREY B. FONTAINE NOTARY FUSUC • CALIFORNIA FHINCIFAl OFFICE IN SAN DiEOO COUNTV My Commission Expires Sept 3, 1977 Name (Typed or Printed) (This arn lor eRMal notarial snl) ry - n/s Approved as to form: LEGAL DESCRIPTION: ALL THAT PARCEL OF LAND IN.-THE CITY OF CARLSBAD DESIGNATED AS "PARCEL A, PARCEL B AND PARCEL G" AS SHOWN AND DELINEATED ON PARCEL-MAP NO. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY • • * '. EXHIBIT "A" 1. Grading and paving of adjacent public right o£ 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. Construction of storm drain system and appurtenances, sewer system and appurtenances and reinforced concrete box culvert and.appurtenances..' • \ " . " ' ' -. <• £ The above applies to full width, unimproved portion of Macario Road .,',!••» L* L ±. *-'. All Construction shall conform to City standards at titae the work is done. Exhibit" "B" .- »»«»J««nKW«»fl»*»*»->S*>^:-- "-'"'' »> 'v'. V.-,*; O o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 .17 18 19 20 21 22 23 24 25 26 •27 28 29 50 32 RECORDING WHEN 'Krr?'. ~b'CiriTrs*ciTTC*TV QV Awn •:-•->:' ---"-^^ ';"-••" - -;'.-..•-'''-'"• ~cV'" "••" - :- ' - - -'•.*^-;.:--i'v' ^ " -''V^V:;•.,..•. /-v;O JL "iriX/ -. '•• . . :: - CITY OF -1200 •"Carlsbad;":-;California 92008 V: Documentary Transfer Tax? MAIL TAX BILL TO Owner Named on Line 7 at Address Named on Line 8 Computed on Full Value of PropertyConveyed , _pr Computed on Full Value Less Lier and Encumbrances Remaining at Time of Sale. or ^FUTURE IMPROVEMENT AGREEMENT of OWNER: Carroll R. Kelly ADDRESS; P.n. Roy 175r Carlsbad. CA 92008 DATED: ' flnnngt 9C\ 1Q7A :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 No. 1^7 ^ PaTomar Airpor . Road at Kelly..'Pr.fve .."assessor's .parcel No. 212-040-31 ^ • ; on that certain real property, warranted by OWNER to be t „ •"; •wholly owned by him, described on Exhibit A, attached hereto and bjr this reference incorporated herein. Also shown for •"-';'.'" •* * - " •«^ ^ - $•- convenience sake on Attachment A, .attached hereto and made" •;.:•';;•• a part hereof^ ' " - " - ~ 2. 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. • Ji; " = 3. 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 o and specifications," approved by CITY, for the const ruction H./V c 1 2 3 .4 5 6 7 8 9 10 11 12 15 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 v as to any portion-thereof/and the failure by CITY to demand said work .as to any qf 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 or a part- thereof is sold, * > * the herein stated obligation shall automatically also become ' * • ' - - •-.' V"" •" *- - . i;> - ^'-' - the obligation of the new owner. - * * ~ *J: : 5. In the;fevent 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 s 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 tne.State of California Mayor STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO )ss On this £(6+ before me day of /}umts-e in the year /77f a Notary Public in and for £--r F<eA7.e^ ,' known to me to be Mayor of the City of Carlsbad, California, and known to^ me the State, personally appeared to be the person who executed ;the within instrument on behalf of 3 4 5 6 7 8 9 10 11 12 13 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. iflSKhl OFFICIAL SEAl Virginia M. Smith :V WWW FbtUC ~ (Mll*oWiK '. j••-•'.• .; SAN DIEGO COUNTY "'iv i " t Mt COMM»SS»f» EX?WES MAY 9, 19J7 I K-i211Ll4 ' '""••• ' ' i '' ' OWNER . „• ' < Attorney in F'act Robert Patrick-Kelly OWNER TO 444 CA (7-73) (Attorney in Fact) STATE OF CALIFORNIA COUNTY OF SAN DIEGO Tnxe INSURANCE'AND TRUST A-ITOMCOMMNr June 27f 1Q7AOn. personally ap; known to me to be the person— whose name Attorney__in fact of. ___ and acknowledged to me that_he__subscribed the nameof Carroll ». ^ny thereto as princ.pa,— and —... "IS—___^ Olra name M Attorney in fact. WITNESS my hand and official seal .before me, the undersigned, a Notary Public in and for said State, ary , . subscribed to the within instrument, as the on/s ••Audrey p OFFICIAL SEAl AUDREY B. FONTAINE NOTASY FU31IC- CAUFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires Sept 3, 1977 Name (Typed or Printed) 25 26 •27 28 (Thlt arm for official notarial na|> Approved as to form: .Vincent T. Biondo, City Attorney LEGAL DESCRIPTION: ALL THAT PARCEL OF LAND IN THE CITY OF CARLSBAD DESIGNATED AS "PARCEL A, PARCEL C, AND PARCEL D" AS SHOWN AND DELINEATED ON PARCEL MAP NO. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. EXHIBIT "A" 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. The.above applies to parcel frontage on Palomar Airport Road. All construction shall conform to City standards at time the work is done. Exhibit "B" Oa 1 2 3 4 5 6 r-f 8 9 10 11 12 '13 14 15 16 .17 18 19 "20 21 22 23 24 25 2.6 •27 28 29 30 51!32j RECORDING "REQUESTED BY AND WHEN RECORDEtfAIL TO CITY OF CARLSBAD • 1200 Elm Avenue, Carlsbad,: California MAIL TAX BILL TO ..." >--^ir- * *3'r ~~ 92008 .Documentary Transfer Tax$ Owner Named on Line 7 at Address Named on Line 8 __Computed on Full Value of Property Conveyed, - •Or Computed on Full Value Less Lier and Encumbrances Remaining at Time .of Sale. . or FUTURE IMPROVEMENT AGREEMENT of OWNER: Carroll R. Kelly ADDRESS: P.O. Boy 175. Carlsbad, C.A 92008 ' DATED; August 20. 1974 ; PARTIES; The parties/to this agreement are the City of Carlsbad, • * - , » - v *~ "•>-•.*! 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". ' , v „' - < '- COVENANTS; It is mutually-agreed by the parties hereto as follows: 1. CITY hereby approves the Parcel Split No. \kj- Palomar A i rport Road at Kelly" Drive assesor*'s parcel No. 212-0^-0-31 & 28 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. s'. , \ - 2. 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/ r hereto and by this reference incorporated he re in. ; V- / ;' ;. 3. Upon written demand therefor by CITY, addressed to OWNER at the address mentioned on Line 8 of page Thereof, OWNER shall forthwith, at OWNER'S sole cost and expense, prepare plans and specifications, approved by CITY, ;.for the construction / •'. ' '^ ••" "1 — * ..:..j . : . I"'^Si^-^^j^ •-,.':.2&s*»-..'^^*^fif^.s^i^^f^)gf^'^^:,i:?!f. 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 o 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 CITY1 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. ' - : " "",".-" 4.'" In the event title to said property or a part- thereof is sold, * r f .-*"" the herein stated obligation,shall automatically also become the obligation of the new owner. . "'.'"? ,'v- •' r- - , - •»_.,•.. 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 shall create an equitable servitude upon said, real property. : s; CITY OF CARLSBAD, A Municipal ' Corporation_of the^State,, of California ^ SI A^WLlA'S, " \--- * By: Mayor . > \ . . ^ ; \ -\ STATE OF-CALIFORNIA. ) COUNTY OF SAN.DIEGO ) ss day of ft\. <T/ni4-K / 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 Notary Public in and for , known ^to me -2- 4 5 6 7 8 9 10 11 12 13 ? r. •r.-J--> . ">::,••.'.'-A».rr^'-'iiS;i_:;:,-;'i«j, 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. S ignature •///- <^s*^ , OFFICIAL SEAl Virginia M. Smith r. NOTM* fU»\M • CALIK>iN»» J . »«mC'M> OffTO «» fcj • SAN DIEGO COUNTY t] COMMISSION £tfliii& MAY 9, 1977 1> Attorney in Fact Robert Patrick Kelly -OWNER ife TO 444 CA (7.73) (Attorney in Fact)- STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS. TTTlfi INSURANCE ANDTRUST ATKOH COMPANY On JtinP •>-! r 1Q7/1 personally appeared before me, the undersigned, a Notary Public in and for said State,.Robert Patrick Kellv u known to me to be the person whose name- ;A w Attorney in fart nf Carroll R. Kelly ' w . subscribed to the within instrument, as the u and acknowledged to me that he subscribed the name _ ofCarroll R. Kelly thereto as principal _ his _ ' own name _ as Attorney _ in fact. pn/s n and 1.WITNESS my hand and official seal. Audrey R. Fnn-halng> Name (Typed or Printed) OrrlCIAl SEAl AUDREY B. FONTAINE ^^K&^l NP^-EY PUSUC- CALIFORNIA ^ig;^?7 PRINCIPAL OFrlCE IN SAN DIEGO COUNTY My Commission Expires Sept 3. 1977 (Thh am Iff o*eitl ntlvial wal) 25 26 •27 28 ary Approved as to form: I Vincent F. Biorido, City rney LEGAL DESCRIPTION: ALL THAT PARCEL OF LAND DESIGNATED AS"PARCEL D" IN THE CITY OF CARLSBAD AS SHOWN AND DELINEATED ON PARCEL MAP NO. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, .. EXHIBIT "A" 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. Participate in the construction of a sewer line along the entire length of Kelly Drive. Extent of partici- pation to be based on benefit derived. The above applies to that portion of Kelly Drive bordering the easterly boundary of the subdivided parcel (maximum width 84 feet) which falls within the basic parcel. Alljconstruction shall conform to City standards at time the work is done. Exhibit "B" V o &r 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 RESOLUTION NO. 3473 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CARROLL R. KELLY FOR THE INSTALLATION OF IMPROVEMENTS ON MACARIO ROAD REQUIRED BY PARCEL SPLIT NO. 147 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 Carroll R. Kelly for Parcel Split No. 147, Macario Road, dated the 2QthL daY of August , 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held the 20th , day of August f 1974 by the following vote, to wit: AYES: Councilnien Frazee, Chase, McComas, Lewis and Skotnicki NOES: None ABSENT: None ATTEST: ROBERT C. FRAZEE, Mayor MARGARET ~E. •'ADAMS, City Clerk By: NpfftA\l{. GARDINER, Deputy V •••' >' • - ';> ' ' 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 RESOLUTION NO. 3474 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CARROLL R. KELLY FOR THE INSTALLATION OF IMPROVEMENTS ON PALOMAR AIRPORT ROAD REQUIRED BY PARCEL SPLIT NO. 147 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 Carroll R. Kelly for Parcel Split No. 147, Palomar Airport Road, dated the 20th day of August , 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. ! PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held the 20th day of August , 1974 by the following vote, to wit: AYES: Councilmen Frazee, Chase, McComas, Lewis and Skotnicki NOES: None ABSENT: None ROBERT C. FRAZEE^Mayor ATTEST\ i* MARGARET) E. ADAMST,, City "Clerk By: NORA K. VGARDINER, Deputy 32 \\ 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 RESOLUTION NO.'34.75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CARROLL R. KELLY FOR THE INSTALLATION OF IMPROVEMENTS ON KELLY DRIVE REQUIRED BY PARCEL SPLIT NO. 147 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 Carroll R. Kelly for Parcel Split No. 147, Kelly Drive, dated the 20th. day of August , 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held the 20th day of Auaust / 1974, by the following vote, to wit: AYES: Councilman Frazee, Chase, HcComas, Lewis and Skotnicki NOES: none ABSENT: N ATTEST: R'OBEUT cc. "FRAZEE , Mayor By;.. E. ADAMS, City Clerk K. ^'GARDINER, Deouty *I I