HomeMy WebLinkAbout1974-12-17; City Council; 3263; Parcel split no 237 Forest Ave" . - . >~f.'CITY OF CARLSBAD, CALIFl ilA
^ WAgenda Bill No. 3«3£>3 Date December 17, 1974
Referred To:
Subject: Future Agreement, Proposed Parcel Submitted By:
Split No. 237, Forest Avenue,- William
T. Price City Engineer
Statement of the Matter
Applicant has filed a parcel map in accordance with City Ordinance
No. 9327 and City Council Policy No. 12 (Panhandle Lots) - Plan-
ning Commission Resolution No. 950 granted a variance approving
the "panhandle1 lot.
Installation of the required improvements 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
I- " j
b) Resolution No.
Staff Recommendations to City Manager
Adopt Resolution No. <€£* authorizing the Mayor and City
Clerk to execute the subject agreement.
**'••,".,
AD.No. * ... Pate: December 17, 1'974
City Manager's Recommendation
Concur with.staff recommendation
Council Action
12-17-74 .Resolution No. 3562, approving an agreement between the City
of Carlsbad and Diana D..and William T. Price,- was adopted,
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RECORDING R.rfESTED BY AND
WHEN RECORDED MAIL TO
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008 Documentary Transfer Tax$ MI
MAIL TAX BILL TO
Owner Named on Line 7 at
Address Named on Line 8
_2 Computed on Full Value of PropertyConveyed,
-- Or Computed on Full Value Less Lierjs
and Encumbrances Remaining at Time
of Sale.
or Natne
FUTURE IMPROVEMENT AGREEMENT
OWNER: William T. Price and Diana D. Price
ADDRESS- J355 Forest Avenue/;Carlsbad, Ca. 92008'
DATED: • '••• - - ' • : '
Assessor's Parcel Nos. 156-110-29and 30
:"'••", '-""-'" - % . - -'. ""' '* '- - "'
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. 237, Forest Aye.
as per. Planning Commission Resolution No. 950. _i_!__
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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6,
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
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work as to all said improvements on all said property, or
as to any portion thereof, and the failure by CITY to demand
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 fu-ture. -_j ;, ; i •.•'"-.'; j, : •. ; - '•'..•-•
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 >iiSuccessors, 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 )__o o ,COUNTY OF SAN DIEGO )
On this £0 — day of
before me, \/\ *-a \ n i a. ft
, in the year
, a Notary Public in and for'.(?'.known to methe 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.
Signatur
OFFICIAL SEAL
.Virginia M. Smith
•NOTARY PUSUC - ttufo&NM
Htmciww. offKt m
SAN OIEGO COUNTY
|i MY COMMISSION EXPIRES MAY 9, 1977c -
OWNER
OWNER
OWNER
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
On November 29, 1974 _, before me, the undersigned, a Notary
Public in and for said State,- personally appeared
William t. Price and Diana Dow Price
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.
Signature_
E. Lynne Riemer
Name (Typed or Printed)
Approved .as to form:
OFFICIAL SEAL
E. LYNNE RIEMER
NOTARY PUBLIC-CALIFORNIA
SAN DIEGO COUNTY
My Commission Expires Feb. 7,1977
P. 0. Box 1247. Carlsbad, CA. 92009
Vincent F. Bioncio, C i t torney
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-—,"—"j~ "' 7" :--~;^ ' "., , ""7 ' .
- ' *• v ii ti v- F\f* *\ «•» «•»' • ' #**"N " Exhibit A j A^l ^ « x• • . w -.- . v-'. ~** cj/PAHCKL, UXK
THAT'PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 31> TOWNSHIP 11 SOUTH? RANGE 4 .WEST* SAN BERNARDINO -
DASE AND MERIDIAN* IN THE CITY OF CARLSBAD* IN THE COUNTY OF
SAN DIEGO* STATE OF CALIFORNIA* ACCORDING TO OFFICIAL PLAT
THEREOF* DESCRIBED AS FOLLOWSi
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF CEDAR HILLS ADDITION
AS SHOWN ON MAP NO. 532f FILED IN THE OFFICE OF COUNTY RECORDER
OF SAN DIEGO COUNTYl THENCE SOUTH 89°580 WEST - RECORD NORTH
C9059' WEST - ALONG THE SOUTH LINE OF SAID MAP NO. 532? A DISTANCE
OF 527.82 FEET TO THE NORTHEAST CORNER OF THE 1 ACRE PARCEL
OF LAND DESCRIBED IN DEED TO C« ROY WORKMAN* ET UX« RECORDED
MARCH 219 1956 AS DOCUMENT NO. 30581 OF OFFICIAL RECORDSJ THENCE
CONTINUING SOUTH 89°58' WEST* 97.57 FEET TO THE TRUE POINT
OF OEGINNINGI THENCE SOUTH 0°00»30» EAST* 111.00 FEETa THENCE
SOUTH 89059' EAST* 21oOO FEETl THENCE SOUTH 0°00'30" EAST?
70eOO FEETl THENCE SOUTH 89°59* EAST* 76.57 FEET TO THE EASTERLY
LINE OF SAID LANDl THENCE ALONG SAID EASTERLY LINE* SOUTH
EAST» 139.68 FEET TO THE SOUTHEAST CORNER OF SAID LANDl THENCE
ALONG THE SOUTHERLY? WESTERLY AND NORTHERLY LINE OF SAID LAND*
NORTH 89»59' WEST* 132.07 FEETl THENCE NORTH 0°00'30" WEST*
328.64 FEET AND NORTH 89»58» EAST? 34.50 FEET TO THE TRUE POINT
OF BEGINNING.
PARCEL TWO . % •'
•" _ - .
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 51, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF,
DESCRIBED AS FOLLOWS I .
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 CEDAR HILL
ADDITION AS SHOWN ON MAP NO. 532, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THFNCH SOUTH
80°58f WEST (RECORD NORTH 80059f W*ST) ALONG THF SOUTH LINE
OF SAID MAP NO. 532 A DISTANCE OF 527.82 FF=T TO THE
NORTHEAST CORNER OF THE 1 ACRE PARCEL OF LAND DESCRIBED
IN DEEP TO C. ROY WORKMAN, FT UX, RFCOROED MARCH 21, 1956 AS
DOCUMENT NO, 38531 OF OFFICIAL RECORDS, BEING THE TRUE
POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°58* WFST
97.57 FEET; THENCE SOUTH 0°0n'30" EAST 111.00 FFET; THENCE
SOUTH fi9°59' EAST 21.00 FEET: THENCF SOUTH 0°00'30" EAST
78.00 FFET; THENCE SOUTH 89°5T EAST 7G.57 FFET TO THE
EASTERLY LINE OF SAID LAND; THENCE NORTH 0°00'30tl WEST 189.08
FEET TO THE TRUE POINT OF BEGINNING.
t
EXCEPTING THAT PORTION LYING SOUTHERLY OF THE SOUTHERLY LINE
OF ROAD SURVEY NO. 690 (FOREST AVENUE) AS SAID FOREST AVENUE
WAS EXCEPTED IN DEED TO GUNNAR A. GUNNARSON, F.T UX,
RECORDED FEBRUARY -1, 196«t AS DOCUMENT NO. 20050 OF OFFICIAL
RECORDS.
Parcel Split Ho. 237
1. Grading and paving of adjacent public right of way
to its centerline except that portion improved to
City Standards,
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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.
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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"
x/fc-
P.S. NO. 237 ATTACHMENT A"
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RESOLUTION NO. 3562
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING AN
AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND WILLIAM T. PRICE AND DIANA. D. PRICE
FOR FUTURE STREET IMPROVEMENTS ON FOREST
AVENUE AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT.
The City Council of the City of Carlsbad, California, does
hereby resolve as follows: .
1. That that certain agreement between the City of
Carlsbad and William T. Price and Diana D* .Price for Future Street
; - ' . & vX -
Improvements on Forest Avenue required by Parcel Split No. 237, a
- A •
copy of which is attached hereto marked Exhibit A and incorporated
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 behalf
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
17th day of December / 1974, by the following vote, to wit:
AYES: Councilmen Frazee, Chase, Lewis, McComas and Skotnick
NOES: None.
ABSENT: None. -
ROBERT C. FRAZEE, Mayor^/
ATTEST:
MARGARET
(SEAL)
, ADAMS;, City Clerk
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