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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 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 •271 28 29 30 | 31 32 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 -1- 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 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 -2- 1 2 5 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 20 21 22 23 24 25 26 •27 28 29 j 50 i 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 ) 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 -3- 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 / f loo' Z05- Ax 1 4 5 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 17 18 19 20 21 22 23 24 25 26 27 2$ •29 30 31 32 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 10 ' No. 253, Street Improvements on Magnolia Avenue, a copy of which 11 is attached hereto marked Exhibit A and incorporated herein by 12 reference, is hereby approved. 13 2. That the Mayor of the City of Carlsbad is hereby 14 authorized and directed to execute said agreement for and on behalf 15 of the City of Carlsbad. 16 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)