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HomeMy WebLinkAbout1974-12-17; City Council; 3257; SAN MARCOS CANYON BOUNDARY SURVEY LA COSTA LAND COMPANY93- 61 Date Dec. 17, 197d -- ' - -.. -w- -- - U '+I c Agenda 5ili '>lo. $bo 7 3&57 Referred To: s Subject: Submitted By: San Marcos Canyon boundary survey Public Works La Costa Land Company Administrator Dr - /- y 3 - - Statement of the Matter a A provision of the First Supplement to the Interim Parks Agreement (Exhibit "A"), requires that a boundary survey of San Marcos Canyon be submitted to the City Council for approval by December 31, 1974. Staff has reviewed the proposed boundaries as submitted by La Costa and has visually inspected the actual canyon. On the basis of staf review, we have suggested certain modifications as outlined in Exhil sfB'R . Exhibit A. First Supplement to Interim Parks Agreement dated October 15, 19' - between thecity of Carlsbad and La Costa Land Company (executed on July 18, 1974) B. letter with enclosure dated December 6, 1974 c C. wall map Staff Recommendations Extend by minute action the first supplement to Interim Parks Agree] dated October 15, 1973 between the City of Carlsbad and La Costa La1 Company for two months. The boundary of the canyon has been surveyc as stipulated in the Agreement, however, several details concerning is to be included in the survey and the acgua.1 intent of the survey still needs to be resolved between La Costa and the City. - - 9 * - ._ Date: Dec. 17, 1974 . 0 '. AI3 No. .' .. .. .. +r .. .. ., .. City Wanager's Recommendation .. 1- * Concur with'staff. * \ .. .* -. *. . -- .. .. -- b- c Council Action 12-17-74. A motion was made to extend the. first supplement to Interim Parks Agreement dated October 15, 1973 between the .City a!' La Costa Land Company for two months. . -. - " .- .. ' . - EXHIBIT 'A' DATED OCTCBER 15, 1973 BETWEEN THE CITY OF CARLSBAD AND LA COSTA LAND COPIPANYDEC 3 IC c CITY ut-' CARL This First Supplement to Interim Parks~~!&%k?ep~ made this 18th day of Ju1.y , 1974, by and between THE CITY OF CARLSBAD, a municipal corporation under the laws of the State of California (hereinafter called "City") and Li COSTA LAND COMPANY, an Illinois corporation (here'in- after called "La Costa") ; t? I T N E S S E T H: WHEREAS, La Costa and City entered into an interim parks agreement dated October 15, 1973, to provide €or the scheduling of the dedication of the Master Plan Parks In connection with the La Costa Master Plan development and to clarify the procedure for accomplishing the dedication of San Marcos Canyon in accord with Ordinance No. 9322; and I WHEREAS, La Costa is desirous of modifying the schedule for the accomplishment of the dedication of por- tions of San Marcos Canyon; and WEEREAS, City is agreeable to accommodate La Costa in said regard and at the same time further clarify the procedure for accomplishing the complete dedication of the Canyon, including a comprehensive survey at the expense of La Costa in order to fix the Canyon's.bsun3aries; d NOW, THEREFORE, in consideration of the mutual promises and obligations of the parties it is agreed as follows : 1, Section 1 of the Agreemenk dated October 15, 1973, between the City of Carlsbad and La Costa Land Company for interim park arrangements is amended to read as follows: La Costa, in lieu or' awaiting releases of that portion of the La Costa Master Plan area denoted as "San Xarcos Canyon", as provided in Ordinance 9322 which adopted ''1. -1 0 b v '. said plan, shall dedicate the Canyo3 as hereinafter provi Those portions of the Cat?yon adjacent tc the boundaries of the subdivision knom as La Costa Vale and 111 and ranging down to a midpoint at the bokton of t . canyon shall be surveyed and the acreage contained therei ceztified by a licensed civil engineer and deeded or dedi caked to the City by December 31, 1974. La Costa nay re: such slope right and other easements on the bouniiaries of said Canyon as necessary to develop the adjacent property and as agreeable to the City. (a) (b) La Costa shall imillediately undertake to survey the boundaries of all portions of the Canyon as sk on the Master Plan as adopted by Ordinance 9322 and nbt previously dedicated, The survey shall be certified by a licensed civil engineer and shall be accomplished to the: satisfaction of the City Engineer. Said survey shall be completed and delivered to the City Manager for submis to the City Council for approval by December 31, 1974, upon approval it shall fix the boundaries of the Canyo purposes of accomplishing the dedication of the Canyon in accord with Ordinance 9322 and this agreement, Prior to the approval of any final map f property adjacent to the Canyon and as a condition preced to such approval La Costa shall survey those portions of the Canyon adjacenk to the subject map down to a midpoint at the bottom of the Canyon, and the acreage contained therein shall be certified by a licensed civil engineer and shall be deeded or dedicated to the City of Carlsbad, La Costa may reserve such slope right and o"Lher easements on the boundaries of said Canyon as necessary to devebp the adjacent property and as agreeable to the City." (c) IN WITNESS WXEREOF, the parties hereto have cause this First Supplement to Interim Parks Agreement to be executed the day and year first hereinabove written, ' CITY OF CARLSBAD By - .,*y ?!7#&C&&< La' L/ Robert C. Frazee, myor ..? ATTEST: -+ . .: / /L8~&l/zzv?&& It iY7 ti ;".lar(;a-et E, Adam&, City Clerk f \ - City Attorney