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
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- - 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.
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* - ._ Date: Dec. 17, 1974 .
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AI3 No.
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.. City Wanager's Recommendation ..
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Concur with'staff. * \
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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. .
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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
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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
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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
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City Attorney