HomeMy WebLinkAbout1974-11-06; City Council; 3195-1; Parcel Split No 148-A Country StoreTY OF CARLSBAD, CALIFOR
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Agenda Bill N o . :?/ 1% - C^ , ^ ^^-jt J ' Date Nov. 6. 1974
Referred To:
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Subject: Submitted By:
Future agreement - Proposed Parcel Split No. 148-A City Enginee
Jay Hoffman - El Camino Real
Statement of the Hatter
Applicant has applied for a parcel split in accordance with City
Ordinance No. 9327-
Condition No. 3 of tentative map approval as modified by City Council
action on 9-17-7** requires the owner/applicant to sign an agreement
for the future installation of a second fire hydrant on El Camino
Real .
Authorization for the Mayor to execute a future improvement agreement
i s requ i red .
Exhibit '
a . FUTURE IMPROVEMENT AGREEMENT.
b. Resolution' No.
Staff Recommendations
Adopt Resolution No 35^- authorizing the Mayor to execute the subject
ag reemen t .
A-B No. Date: November 6, 1974
City Manager's Recommendation
Concur with staff recommendation.
Council'Action
'll-6-74 Resolution #3544 was adopted, authorizing Mayor to execute
future improvement agreement. . -
RECORDING REc'ED 3Y AND , X
WHEN RECORDED MAIL TO: X
X
CITY OF CARLSBAD X
1200 Elm Avenue X
Carlsbad, California 92003 X Documentary _
X — Computed on Full Value of
MAIL TAX BILL TO: X Property Conveyed,
X - Or Computed on Full Value
Jay F. Hoffman X Less Liens and Encumbrances
4901 El Camino Real X ^Remaining at Time of Sale.
Carlsbad, California 92008 X /^z^, V*y.-n ,< ^ _ CtTY OF CARLSBAD
'X Signature of^DecTaTrant or/Firm Nams
__ X Agent Determining Tax _ _
FUTURE IMPROVEMENT AGREEMENT
OF
OWNER: JAY F. HOFFMAN and MARYON D. HOFFMAN
S^
ADDRESS: 4901 El Camino Real, Carlsbad, California 92008
DATE: -I4»vombor 6, \*H Qj%U?3f* /? 7^
PARTIES :
The parties to this agreement are the City of Carlsbad,
a municipal corporation of the State of California, herein-
after referred to as CITY, and the persons mentioned above
as "Owner", 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. 148-A,
El Camino Real (Assessor's Parcel Nos. 207-101-7, 207-101-8
and 208-Q40-1) on that certain real property warranted by
OWNER to be wholly owned by them, 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 require-
ment 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. Prior to the issuance of a building permit for
the construction of any additional permanent structure (not
including a proposed nursery) to the existing Country Store
development, OWNER shall forthwith, at OWNER'S sole cost and
expense, prepare plans and specifications approved by CITY
for the installation 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.
4. In the event title to said property or a part
thereof is sold, the herein stated obligation shall auto-
^-
matically also become the obligation of the new owner-.
5. In the event OWNER fails to act as required in
paragraph 3 above, 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 succes-
sors in interest in said real property, shall run with said
real property and shall create an equitable servitude upon
said real property.
IN WITNESS WHEREOF, the parties hereto have executed
this Future Improvement Agreement the day and year first
above written.
CITY OF CARLSBAD, a Municipal
Corporation of the State of
. • California
Robert C. Frazee, Mayor
ATTEST:
CITY
Margaret E. Adams, City Clerk
Jay F. Hoffman
Maryon D. Hoffman
OWNER
(Attach notarial acknowledgment of Owner.)
2.
EXHIBIT A
That portion or Lots "E" and "I" of Rancho Agua•Hedionda
in the City of Carlsbad, County of San Diego, State of
California, according to .Map thereof No. 823, filed in
the office of the County Recorder of San Diego County,
November 16, 1896, described as follows:
Beginning at corner No. 8 of Lot "1" in. the boundary
between "said Lots "E" and "I" said corner No. 8 being
also in the Westerly boundary of a portion of that parcel-
of land described in deed to Horace H. Kelly, recorded
January 22, 1951 as Document No. 9613 in Book 33^2, page
3k of Official Records; thence along said Westerly boundary
South 17°if6l15" West 958.55 feet to the Southwesterly corner
of a portion of said Kelly land; thence along the Southerly
boundary of. said Kelly Land South"-77°OV45u East 360.37 feet
to an angle point therein and North 64°17'15': East kk$ feet,
thence leaving said Kelly boundary North 10°*i2'^5" West
35^.70 feet; thence North 5°17S15" East to the 700 foot
radius curve concave Northeasterly in the center line of
the County Road known as Road Survey No. 682; thence North-
westerly along said curved center line of said County
Road to said Westerly boundary of a portion of said Kelly
land, above mentioned; thence along said Westerly boundary
South 17°46I15" V/est 31.08 feet to the point of beginning.
EXCEPTING from said property that portion thereof lying
within said Lot "E" at said Rancho Agua Hedionda. '
Together with that portion of Lot "I" of the Rancho Agua
Hedionda, in the County of San Diego, State of California,
according to Partition Map thereof, No. 832', filed in the
office of the County Recorder of San Diego County, November 16
1896, lying within the following described parcel of land:
**'."*'
Beginning at Corner No. 2 of said Lot-"I"; thence along
the Northerly prolongation of'that portion of the Easterly
line of said Lot "1" between Corners No. 1 and 2 of said Lot,
NortrP2°29'40" West (record North 3° V/est) 21.8^ feet to an
Intersection with the center lino of County Road Survey Mo. •
682 as the same is described in easement deed to the County
of San Diego, da ted.May. 27, 1936. and- recorded in Book 521,
.page 230 of Official Records of said San Diego County,, said •
iiH13.ii A (COril'Nu)
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point of intersection being also the Southeasterly corner
of that parcel of land described in quitclaim d.eed to Horace
H. Ke-lly, recorded January 22, 1351 as Document" No. 9613, In
Book 39*:2, page 3^ of Official Records; thence along the
Southerly line of said Kelly land as follows; along said
center line of road, North 67°10' West 897.21 feet,North
6k°3Sl West 701.35 feet to the beginning of a tangent curve-,
concave Northerly having a radius of 1000 feet, and North-
westerly along the arc of said curve 29.00 feet; thence leaving
said center line, North 7^°nJ West a chord .distance of 262.1*7
feet to a point on the arc of said curve, said point bein.g'the
TRUE POINT OF BEGINNING; thence South 2°36'15" East 353.6**-
feet; thence North 88°59'15" West 663.30 feet to a point on
the center line of an easement described In deed to the -
Carlsbad Mutual Water Company, dated September 26, 1941 and
recorded in Book 1271, page.70 of Official Records of said
San Diego County; thence South 6^°17!15" West (record South
64°5^l^011 West)'along said center line 911.65 feet to a point
In said center line of Easement and In said Horace H. Kelly
boundary which is distant along said lines North 6^°17'15"
East khS feet from the most Southerly angle point in said
Southerly boundary of said Horace H. Kelly land; thence leaving
said Kelly boundary North 10042!*i5" West 35^.70 feet; thence
North SMyMS" East to a point in the center line of "said Road
Survey No. 682, said point being on the arc of a curve concave
Northeasterly having a radius of 700 feet, which curve begins
at Engineer's Station 59 plus 25.32 on the center line of Road
Survey No. 682; thence Easterly along said center line to the
TRUE POINT OF BEGINNING".
" ^. • • '
As shown for convenience sake on Attachment A, attached hereto
and made a part hereof. .- •
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Parcel Split No. 148-A . Hoffman, Jay
1. Installation of a second fire hydrant, including extension
of water line if necessary, along street frontage of the
property as required by condition No. 3 of Parcel Split
No. 148-A1s tentative map approval.
All construction shall conform to City standards at time the
work is done.
Exhibit "B"
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29:
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RESOLUTION NO.3544 - -
A RESOLUTION OF THE CITY COUNCIL OF THE
. CITY OF CARLSBAD, CALIFORNIA APPROVING A.N
AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND Jay C. and Maryori D. Hoffman
FOR future fire-hydrant installation
AND AUTHORIZING THE MAYOR-TO EXECUTE SAID
AGREEMENT.
The City Council of the City of Carlsbad, Ca 1 i fornia, "does
hereby resolve as follows:
1. That that certain agreement between the City of
\
Carlsbad- and Jay C. and Maryon D. 'Hoffman .
for future fire hydrant ' insta11 at ion as per P.S. #148-A
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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
6th day of November , 197^, by the following vote, to wit:
AYES: Councilman Frazee, Chase, McComas, Lewis and Skotnick
NOES: None
ABSENT: None •
ROBERT C. FRAZEE,May^r
ATXEST:< -.
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•• ) 'T~ E. ADAMS,"~C"fty cferk