HomeMy WebLinkAbout1974-08-08; City Council; 3165; Parcel split no 140-A Andrew McReynoldsf , . THE CITY OF CARLSBAD, CALIFORNIA
' ' " Adj. Mtg.
Agenda Bill No. ^/{&& ""* Date August 8, 1974
Referred To:
Subject:Submitted By:
Future agreement - proposed Parcel Split No. 140-A Public Works
Andrew McReynolds - south of Palomar Airport Road Administrator
and east of Lowder Lane """^
Statement of the Matter
Applicant has filed a parcel split map in accordance with the provisions
of City Ordinance No. 9327.
Condition 3 of tentative map approval, P.C. Resolution No. 1077, requires
the owner to sign an agreement for the future construction of Encina
drainage channel improvements in conformance with the Master Drainage
Plan.
Authorization for the Mayor to execute a future improvement agreement
is required.
Exhibit
A. Suture improvement agreement
B. Resolution No. ^feffiy
C. Letter from Mr. McReynolds dated August 2, 1974.
Staff Recommendations
Adopt Resolution No.t/g authorizing the Mayor to execute the subject
agreement.
Adj. Mtg.AD Wo.-- .. . , ' Date.- August ^_19T4_
City Manager's Recommendation
Council Action
8-8-74 .- Resolution #3488 was adopted, authorizing the Mayor to execute
a Future' Improvement Agreement for future .construction of.Encina
drainage channel.-
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RECORDING RI^ESTED BY AND
WHEN RECORDED MAIL TO
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008 Documentary Transfer Tax$ nil
MAIL TAX BILL TO
Owner Named on Line 7 at
Address Named on Line 8
— Computed on Full Value of PropertyConveyed,
—"Or Computed on Full Value Less Lier
and Encumbrances Remaining at Time
of Sale.
City of Carlsbad rant orFirm Name
FUTURE IMPROVEMENT AGREEMENT
of
OWNER; Andrew HcReyno Ids
ADDRESS: 2316 Calle Chiquita, La Jolla, CA
DATED; August 7. 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, without regard
to number or gender.
COVENANTS It is mutually agreed by the parties hereto as follows
1. CITY hereby approves the proposed parcel split no. IkD-A
Assessor's Parcel No.211-0^0r5 & H
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.
2. CITY does hereby temporarily waive the requirement that OWNER
install ^sssS^^1^^ 'Paid pumporLy 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 1 hereof, OWNER shall
forthwith, at OWNER'S sole cost and expense, prepare plans
and specifications, approved by CITY, for the construction
-1-»* A ••Alt
To
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of said public improvements i-ire — srt^ftgir"fTo"iybgujG o-fr-jgEggd
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.
4. 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.
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.
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 roe
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 same.
WITNESS my hand and official seal.
Signature_
OWNER
OWNER
OWNER
STATE OF CALIFORNIA )
tCOUNTY OF SAN DIEGO )
ecss s •
On \Ju^L 3l \ 1~7yL , before me, the undersigned, a Notary
Public i$ and for said State/ personally appeared
t^~ LcL
, 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
vi 1 4- k
OFFICIAL SEAl
t csra*™ Virginia M. Smith :
f «.. T*^' »oiun putuc - CMifOMt •
-*"' ' MINCIHW. OFFICF IN
SAN DIEGO COUNTY
Name4 (Typed or Printed)
Approved as to form:
i- MY COMMISSION EXPIRES MAY 9, 1977r
infe^nt F.^Biondo, Cit> At/t6rney
-3-
EXHIBIT "A"
..****> x*""H,
FtfrURE IMPROVEMENT AGREEME&f
All of Parcel "B", according to parcel Map No. 1477 on file in the Office of the
County Recorder of San Diego County and a portion of Lot "H" of Rancho Agua
Hedionda, according to Partition Map thereof No. 823, on file in the Office
of the County Recorder of San Diego County, in the City of Carlsbad, County of
San Diego, State of California, dsscribaa as follov/3;
Beginning at the Southeast corner of said Lot "H"; thence along the South line
of said Rancho North 89q27' 10" West, 2377.23 feet to an intersection with the
Southwesterly line of that certain 84.00 foot strip of land granted to the City of
Carlsbad by deed recorded May 23, 1972, as File No. 130120 Official Records,
said intersection being a point in the arc of a non-tangent 812.00 foot radius curve
concave Northeasterly, a radial line to said point bears South 19° 03' 21" West;
thence leaving said South line Northwesterly along said Southwesterly line and the
arc of said curve through a central angle of 28° 13' 39" a distance of 400.04 feet;
thence tangent to said curve North 42°43' 00" West, 300.38 feet; thence leaving
said Southwesterly line North 0°27' 03" East, 122.78 feet to the most Southerly
corner of the above mentioned Parcel "B"; thence along the boundary of said Parcel
"B" the following courses, North 42° 43' 00" West, 293.61 feet to the beginning of
a tangent 908.00 foot radius curve concave Northeasterly; thence Northwesterly
along the arc of said curve through a central angle of 12° 52' 45" a distance of
204 .10 feet to a point in the arc of said curve to which a radial line bears
South 60° 09' 45"; thence leaving said curve along said radial line
North 60° 09' 45" East, 373.67 feet to the most Northerly corner of said Parcel "B";
thence leaving the boundary of Parcel "B", North 0°27' 03" East, 437.97 feet; thence
South 89° 27' 10" East, 2904.54 feet to an intersection with the East line of said
Lot "H"; thence along said East line South 0°02' 00" West, 1558.90 feet to the
POINT OF BEGINNING.
PORT /ON O LOT 6"
RANCHO A6UA HED/ONDA
MAP
8.0FS. 67/5
PARCEL
I -42*43 WW.
.6 '/'
122. 78'
300.38'
ATTACHMENT "A
FUTURE IMPROVEMENT AGREEMENT
FOR PARCEL SPLIT I40A
& ENGINEERING COMPANY
PLANNERS-ARCHITECTS-CIVIL ENGWEERS-LANO SURVEYORS
3088 PIO PICO BLVD. CARLSBAD,CA 92008
TELEPHONE (714) 729-4987
SCALE:DATE: 8-5-74 PROJ. HQ.4940
1. Construction of Encina drainage channel improvements .in conform-
ance with the master drainage plan. Actual installation of
improvements shall be a part of the Specific Plan of each
Parcel development.
All construction shall conform to City standards at time the
work is done.
Exhibit "B1
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RESOLUTION NO. 3488
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING AN
AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND Andrew McReynolds
FOR future drainage channel construction
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
Carlsbad and Andrew McReynolds . ____
for future drainage channel construqtionf Engine
a copy of which Is attached hereto marked Exhibit A and incorpor-
ated 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 beha1
of the City of Carlsbad.
adjourned
PASSED, APPROVED AND ADOPTED at an/regular meeting of the
City Council of the City of Carlsbad, California, held on the
8fh day of August » 197^, by the following vote, to wit:
AYES: Councilmen Frazee., Chase, and McComas.
NOES: None
ABSENT: Councilman Lewis.
ABSTAINED: Councilman Skotnicki
'ROBERT C. /FRAZEE,
ATTEST:
JTEET E . ADAMS ,C C i ty C 1 erk
(SEAL)
2316 Calle Chiquita
La Jolla, Calif 92037
2 August 1974
The Honorable fiobert Frazee
Mayor of Carlsbad
Carlsbad, California
Dear Sir:
I request that the City Council consider and approve,
at its August 6, 1974 meeting,the FUTUEE IMPEOVEMENT
AGEEEMENT which I have received and executed on July 31> 1974
as a condition to proposed parcel split No. 140-A of land
which I own.
The parcel tentative map has been approved May 28, 1974
by Planning Commission Hesolution No. 1077» and all other
conditions required by that resolution for parcel map
recording have been met. Approval of the Improvement
Agreement, which relates to a future drainage channel,
will permit map recording now. This recording is needed to
avoid costly delay in development of part of the property.
Since the Improvement Agreement was completed just too
late for listing on the August 6 agenda, I hope that it
can be added.
Eesprectfully,
Andrew W. McEeynold