Loading...
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.- 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 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 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 •27 28 29 30 51 32 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 —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 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 ,<*•*. 2i 4J 5\ 6 7 8 :,;| I I 10 | 111 I 12 13 14 .15 16 17 18 19 20 21 22 23! 24 25 26 27 28 29", { ii > .31' 32 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