HomeMy WebLinkAbout1974-12-03; City Council; 3245; Parcel split No. 253 Magnolia AveTK^CITY OF CARLSBAD, CALIFOR>sA _^ Q y?
Agenda Bill ^o._^jgjff^_ Date December 3, 1974
Referred To:
Subject: Future Street Improvement agreement Submitted By:
Parcel Split No. 253, Magnolia Avenue
Dr. Albert J. Freiburger City Enginee
Statement of the Matter
Applicant has filed a parcel map in accordance with the provisions of
the City Ordinance No. 9327. Installation of the required improve-
ments is not feasible at this time, therefore, a future improvement
agreement is in order.
Authorization for the Mayor and City Clerk to execute a Future
Improvement Agreement is required.
Exhibit
A) Future Improvement Agreement.
B) Resolution No,
Staff Recommendations
Adopt Resolution No.3S£"3 authorizing the Mayor and City Clerk to
execute the subject agreement.
Wo,Dale: December 3, 1974
City Manager's Recommendation
Concur with staff recommendation.
Council Action .
12-3-74 Resolution #3553 was adopted, approving agreement .and authorizing
the Mayor -to execute said agreeme'nt. -
RECORDING RE^<*£STED BY AND
WHEN RECORDED- MAIL TO
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008 Documentary Transfer Tax? ni
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MAIL TAX BILL TO
Owner Named on Line 7 at
Address Named on Line 8
_2_Computed on Full Value of Property
Conveyed,
~ Or Computed on Ful-l Value Less Lierfs
and Encumbrances Remaining at Time
of Sale.
CITY Qf CARLSBAD
FUTURE IMPROVEMENT AGREEMENT
of
OWNER; Albert J. Freiburger and Jean R. Freiburger
ADDRESS- 1212 Oak Avenue Carlsbad, CA 92008
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. CITY hereby approves the Parcel Split No. 253
Magnolia Avenue west of Highland Drive
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 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 1 hereof, OWNER shall
forthwith, at OWNER'S sole cost and expense, prepare plans
and specifications, approved by CITY, for the construction
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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
as to any portion thereof, and the failure by CITY to demand
s
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
OWNER'S said obligations and OWNER shall upon written demand
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
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 me
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 )
COUNTY OF SAN DIEGO )
ss.
On _, before me, the undersigned, a Notary
Public in and for said State,- personally appeared
, 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.
S ignature_
Name (Typed or Printed)
Approved as to form:
Vincent F. Biondo, City Attorney
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P.S. 253
Freiburger
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.
All construction shall conform to City standards at time the
work is done.
Exhibit "B"
/**-,
w
P.S. 253
Freiburger
Legal Description
>,
That portion of Tract 2^0 of Thum Lands in the County of San
Diego, State of California, according to Map thereof No. 1681,
filed in the Office of the County Recorder of said San Diego
County December 9, 1915 described as follows:
Beginning at a point on the centerline of Magnolia Avenue, said
point being South 6l°21' West a distance of ^61.84 feet from the
point of intersection of the centerline of Highland Drive and
the centerline of Magnolia Avenue; thence North 28°39' West a
distance of ^71.59 feet to a point; thence South 6l°21' West a
distance of \Qk.7k feet to a point; thence South 28°39' East a
distance of ^71-59 feet to a point on the centerline of Magnolia
Avenue; thence North 6l°21' East a distance of 18^.7^ feet to the
POI NT OF BEGINNING.
EXH I B IT "A1
PS 253
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2 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING AN
AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
ALBERT J. FREIBURGER FOR FUTURE STREET
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RESOLUTION NO.3553
IMPROVEMENTS ON MAGNOLIA AVENUE AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT.
6 ,The City Council of the City of Carlsbad, California, does
7 hereby resolve as follows:
8 1. That that certain agreement between the City of
9 !Carlsbad and Albert J. and Jean R. Freiburger for Parcel Split
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No. 253, Street Improvements on Magnolia Avenue, a copy of which
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is attached hereto marked Exhibit A and incorporated herein by
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reference, is hereby approved.
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2. That the Mayor of the City of Carlsbad is hereby
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authorized and directed to execute said agreement for and on behalf
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of the City of Carlsbad.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
3rd day of December , 1974, by the following vote, to wit:
AYES: Councilmen Frazee, Chase, Lewis, McComas and Skotnicki
NOES: None
ABSENT: None
-'^ f C
ROBERT C. FRAZEE, Mayors
ATTEST:
T E. ADAMS/City Clerk
HSEAL)