HomeMy WebLinkAbout1974-10-15; City Council; 3224; Future Improvement AgreementAgenda Bi 11 Yo. Date October 15, 1974
Referred To:
Subject: Future Improvement Agreement - Submitted By:
C.U.P. 83 - Carlsbad Raceway - generally located north of Palomar Airport Road Public Works Admin.
between Rancho Santa Fe Road and El Camino
Real ,r yj;L7--
- - Statement of the Matter ..
C.U.P. conditions of P. C. Res. No. 919 require the owner to enter into a future agreement to install a traffic signal at the inter-
section of the main entrance and Palomar Airport Road. (see Exhibit
"A" 1
Authorization for the Mayor and City Clerk to execute a future
improvement agreement is required. (see Exhibit "B")
Exhibit
"A" Future Improvement Agreement
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Staff Recommendations
Adopt Resolution No. 3$3gauthorizing the Mayor and City Clerk to
execute subject agreement.
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.. AB. No. Date: October 15, 1974 ? ..
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Ci t y Ma na 9 e r ' s Re eo mmen da t i on .
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CGncur with- 'staff recommendation. 8
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Council Action
10-16-74 .Resolution #3535 was adopted, authorizing the Mayor to execute a future im*provement Agreement in connection with CUP kt83 - Cgrlsbad Raceway;
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RESOLUTION NO. 3535
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
A FUTURE IMPROVEMENT AGREEMENT (CUP 83)
BETWEEN THE CITY OF CARLSBAD AND SANDRU
INVESTMENT COMPANY, RUBEL INVESTMENT
COMPANY AND BELSON INVESTMENT COMPANY
FOR THE INSTALLATION OF A FULLY ACTUATED
TRAFFIC SIGNAL.
The City Council of the City of Carlsbad, California,
does hereby resolve as follows:
1. That that certain future improvement agreement between
the City of Carlsbad and Sandru Investment Company, Rube1 Invest-
ment Company and Belson Investment Company for the installation
of a fully actuated traffic signal (CUP 831, generally located
north of Palomar Airport Road between Rancho Santa Fe Road and
El Camino Real, a copy of which is attached hereto marked Exhibit.i
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.
an ad ourned PASSED, APPROVED AND ADOPTED at / regu I ar meeting of the
City Council of the City of Carlsbad, California, held on the
16th day of October , 1974, by the following vote, to wit:
AYES: Councilmen Frazee, Chase, Lewis, McCornas and Skotnicki
NOES: None
f-- n ABSENT: None
ROBERT C. FRAZES, Mayor
ATTEST : /.
(SEAL) '
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CITY OF CARLSi3AD
1200 Elm Avenue
Carlsbad, California 92038 Documentary Transfer Tax$ -0-
bViI.L TAX BILL TO Conveyed,
O'mer Named on Line 7 at
F.ddress Named on Line 8
7 - Computed on Full Value of Property
- Or Computed on Full value Less Lie
and Encumbrances Remaining at Time
City of Carls Firm N'ame
II II of
II
Rube1
Belson I'
OWNER: - . , . ..
ADDRESS: 3311 Starline Drive, Rolling Hills, CA 90274
DATED :
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.
2.
3.
CITY hereby approves the CUP 83, "North Of Palomar Airport
Road and East of El Camino Real, Assessor's Parcel #221-01-0
U3 and 22"
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.
hereto and by this reference incorporated herein.
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- Exhibit "A" to resolution
No.
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of said public improvements &n-&Wh- BGX~
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and shall then forthwith construct said public
improvements according to said plans and specifications,
to the approval of CITY.
this paragraph may, at CITY'S sole discretion, demand sai'z
work as to all said improvements on all said property, or
as to any portion thereof, and the failure by CITY to demand
The demand by CITY mentioned in
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
CXNER's said obligations sr2 0V3ER shall upn written dercand
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
4.
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6.
shall create an equitable servitude upon said real property.
CITY OF CARLSBAD, A Municipal
Corporation of the State of Californi
STATE OF CALIFORNIA ) ss.
COUNTY OF SAN DIEGO )
On this day of , in the year ?
before me, , a Notary Public in and for
the State, personally appeared , known to me
to be Mayor of the City of Carlsbad, California, and known to me
to be the person who executed the within instrument on behal€ of
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TO 449 CA (5-73)
(Corporation)
said public corporation, agency or political subdivisior!, and
acknowledged to me that such City of Carlsbad, California executed
the same.
WITNESS my hand and official seal.
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S icpa ture J ') * 1. , '?
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Sandh Investment Co.
rismer, Secretary
Belsan Investment Co. -
ss. STATE OF CALIFORNIA )
COUNTY OF 5&da<wAe -? ,rJo
STATE OF CALIFORNIA ATICOR COMPANY } ss. COUNTY OF B'lcW&dlh)o
A \a! 1474 before me, the ndersigned, a Notary Public in and for said
State, personally appeared 3.- s. B&J
known to me to be the ?P=%&Q& ,
corporation that executed the within Instrument,
TO 449 CA (5-73)
} ss.
COUNTY OF?
ATICOR COMPANY
Oct. 1, 1974 before me, the undersigned, a Notary Public in and for said
State, personally appeared rv GrW- ,
Secretary of the corporation that executed the within Instrument,
w known to me to be the Wix;hBep#xG$ t On
*rnXKRK&* knoivn to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within
of directors.
WITNESS my h:td and ofiicial seal.
Signature
-I 2 t instrrirnent pursuant to its by-laws or a resolution of its board ----
(This area for oficial notarial real)
ti
a Notary
3 person&
t and
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LEGAL DESCRIPTION FOR C.U.P. 83
P.C. RES. 919, CARLSBAD RACEWAY
S 1/2 of NW 1/4 and SW 1/4 of NE 11'4 all in
Section 18 T. 12 S.R. 3 W., S.B.B.M., being
Assessor's Parcels 2, 3 and 22 of Book 221, Page 010 of the Assessor's Map of San Diego
County.
EXHIBIT Y"
CUP 83
1. A fully actuated traffic signal at the intersection of
the main entrance at Palomar Airport Road at such time
as the City Engineer deems necessary for traffic safety.
All construction shall conform to City standards at time the
work is done.
Exh i b i t "B"
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