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HomeMy WebLinkAbout2014-01-28; City Council; 21486; Approving Amendment Agreement Between City and Owner of 3215 Maezel Lane to Allow Access Rights PR 13-48CITY OF CARLSBAD - AGENDA BILL 21.486 APPROVING THE AMENDMENT OF AN AGREEMENT BETWEEN THE CITY AND PROPERTY OWNER OF 3215 MAEZEL LANE TO ALLOW ADDITIONAL ACCESS RIGHTS TO MAEZEL LANE, PR 13-48 DEPT. DIRECTOR CITY ATTORNEY ^jK^ IVITG. 01/28/14 APPROVING THE AMENDMENT OF AN AGREEMENT BETWEEN THE CITY AND PROPERTY OWNER OF 3215 MAEZEL LANE TO ALLOW ADDITIONAL ACCESS RIGHTS TO MAEZEL LANE, PR 13-48 DEPT. DIRECTOR CITY ATTORNEY ^jK^ DEPT. CED APPROVING THE AMENDMENT OF AN AGREEMENT BETWEEN THE CITY AND PROPERTY OWNER OF 3215 MAEZEL LANE TO ALLOW ADDITIONAL ACCESS RIGHTS TO MAEZEL LANE, PR 13-48 —PL CITY MANAGER RECOMMENDED ACTION: ADOPT Resolution No. 2014-013 APPROVING the amendment of an agreement between the City of Carlsbad and Johnelle and Oakley Parker originally recorded on January 23, 1968 as Document No. 185552 to allow additional utility and access rights to Lot A of Map No. 3899 (Maezel Lane), generally located at the northwesterly end of Maezel Lane. ITEM EXPLANATION: On May 29, 1958, the City recorded the final map for Paradise Estates Unit No. 2, as Map No. 3899. This final map created 25 single family lots, and created a 1-foot wide lot across the entire right-of-way at the end of Maezel Lane to be used as a barrier to control future access to and extension of the street. The 1- foot barrier strip, designated as Lot A, was deeded to the City on the final map but "not for public use." Subsequently, the surrounding property developed in a pattern which didn't include the extension of Maezel Lane. The property abutting the north end of Maezel Lane remained as a one acre lot with a single residence. The owners of the subject property entered into an agreement with the City on January 23, 1968, recorded as document No. 185552, which allowed the property owner to extend private utilities and take access across the 1-foot barrier lot for a new single family residence. The current property owner has applied for a minor subdivision to split the property into two lots, and plans to build a house on the new lot. Since the circulation pattern of the area has been established in a way that does not include the extension of Maezel Lane, staff is recommending that the city council approve the amended agreement to allow private vehicular and utility access for up to two single family houses and two second dwelling units instead of one single family house under the current agreement. ENVIRONMENTAL IMPACT: The proposed amendment of an agreement does not qualify as a "project" under the California Environmental Quality Act (CEQA) per Public Resources Code Section 21065 and State CEQA Guidelines Section 15378 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review. DEPARTMENT CONTACT: David Rick 760-602-2781 david.rick(5)carlsbadca.gov FOR CITY CLERKS USE ONLY X COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN OTHER - SEE MINUTES • AMENDED • Page 2 FISCAL IMPACT: The developer has paid the required processing fee to prepare and process the requested amendment. No additional maintenance cost is anticipated from granting a new single family residence and two second dwelling units access to Maezel Lane. EXHIBITS: 1. Resolution No. 2014-013 2. Amended Agreement with Exhibit A and B 3. Original Recorded Agreement 4. Location Map 5. Letter from Johnelle Parker Dated January 8, 2014 Requesting an Amended Agreement to Allow Additional Access Rights to Maezel Lane. ^ RESOLUTION NO. 2014-013 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, AMENDING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND JOHNELLE AND OAKLEY PARKER ORIGINALLY RECORDED ON JANUARY 23, 1968 AS DOCUMENT NO. 185552 TO ALLOW ADDITIONAL UTILITY AND ACCESS RIGHTS TO LOT A OF MAP NO. 3899 (MAEZEL LANE), GENERALLY LOCATED AT THE 6 NORTHWESTERLY END OF MAEZEL LANE. deeded to the City of Carlsbad as Lot A on Map No. 3899 recorded May 29,1958; and WHEREAS, the surrounding property has developed in a pattern that does not include the extension of Maezel Lane; and WHEREAS, the developable area at 3215 Maezel Lane has increased since the extension of Maezel Lane through the property is no longer anticipated; and 7 WHEREAS, the 1-foot wide barrier lot at the northerly end of Maezel Lane was 8 9 10 11 12 13 ^4 WHEREAS, Johnelle Parker, trustee of the Parker Family Trust dated August 29, 15 1995, is the property owner at 3215 Maezel Lane which currently supports one single family dwelling; 16 and WHEREAS, Johnelle Parker has requested an amendment to an agreement between the City of Carlsbad and Oakley G. Parker and Johnelle Parker recorded with the San Diego County Recorder's Office on January 23, 1968 as document No.18552 to revise the current restriction of one single family dwelling unit granted access from said property to Maezel Lane to allowing two single family dwellings and two second dwelling units access to Maezel Lane. 17 18 19 20 21 22 23 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 24 California, as follows: 25 1. That the above recitations are true and correct 2. That the amendment to an agreement between the City of Carlsbad and 27 Oakley G. Parker and Johnelle Parker recorded with the San Diego County Recorder's Office on 28 " 1 January 23, 1968 as document No.18552, incorporated herein and referenced as PR 13-48, is 2 approved. 3. The City Clerk is directed to record this resolution in the Office of the County Recorder of San Diego County. /// /// /// 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 /// /// /// /// /// 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 28**^ day of January, 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. ATTEST: ENGLESON, Ci^ Clerk 1 2 3 4 5 6 7 8 AMENDED AGREEMENT PR 13-48 PARTIES: The parties of this agreement are the City of Carlsbad, A Municipal Corporation of the State of California, hereinafter referred to as CITY; and Johnelle Parker, trustee ofthe Oakley G. Parker and Johnelle Parker, as Co-Trustees ofthe Parker Family Trust dated August 29,1995, hereinafter referred to as OWNER. ^ RECITALS: This agreement is made with reference to the following facts: 10 1. OWNER is the owner of certain real property located In the City of Carlsbad, County of San Diego, State of California, more particularly described on Exhibit A, attached hereto and by this reference incorporated herein. Said property is hereinafter referred to as PROPERTY. 2. CITY is the owner of a barrier lot in the City of Carlsbad, County of San Diego, State of California, hereinafter referred to as LOT, and more particularly, described on Exhibit B, attached hereto and by this reference incorporated herein. 11 12 13 14 15 16 3. LOT separates PROPERTY from access to the northerly terminus of Maezel Street and OWNER J g wishes permission from CITY to cross LOT for access and utility connection with the 19 construction by OWNER of a residence on PROPERTY. 20 4. CITY is willing to allow OWNER permission to cross LOT as requested on the herein stated 21 terms and conditions. 22 COVENANTS: Now, therefore, it is mutually agreed between the parties hereto as follows: 24 25 26 27 28 1. CITY hereby grants to OWNER permission to cross LOT for purposes of access to PROPERTY and for the purposes of providing utility connections for up to two single family residences 1 and two second dwelling units as defined by Chapter 21.04 of the Carlsbad Municipal Code on 2 PROPERTY. The herein permission is granted only for the purpose of serving a maximum of two single family residences and two second dwelling units to be located on PROPERTY subject to compliance with the Carlsbad Municipal Code and more specifically the recordation of a parcel map to establish both single family residences and secondary units on separate legally defined lots. 2. OWNER shall fill and compact PROPERTY as required by the Engineering Department of CITY so as to properly support the driveway which is to be built across LOT and on PROPERTY. Said driveway shall be built in accordance with plans and specifications approved by the Engineering Department of CITY. 3 4 5 6 7 8 9 10 11 j2 3. No increase in or concentration of drainage shall be allowed to occur in connection with the J 3 herein described construction so as to cause any detriment whatsoever to lower lying 14 properties 15 4. The herein granted permission shall allow no public access whatsoever and is granted only to 16 OWNER and only so long as OWNER resides in or is constructing the said proposed residence 17 on PROPERTY. The herein granted permission may be assigned by OWNER to subsequent owners of PROPERTY, if any, but only for use by the occupants of said single family residences and second dwelling units. 5. In the event of an extension of Maezel Street northerly in the future, it may be necessary to remove portions of OWNER'S driveway and to remove and relocate OWNER'S utilities. OWNER agrees that he shall have no claim or cause of action for the removal of said driveway or utilities and that he will relocate and reconstruct said facilities as then directed by the 18 19 20 21 22 23 24 2^ Engineering Department of CITY, at his own cost and expense. By accepting the herein 26 27 28 -2 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 granted permission, OWNER shall acquire no greater rights to divide PROPERTY into lots than he had before the granting ofthe herein stated permission. 6. In the case of the disconnection or disruption of service of OWNER'S utility service to his said proposed residence in connection with the construction of an extension of Maezel Street, as herein above described, OWNER shall have no claim or cause of action for damages by thereof. reason 7. This agreement shall be binding on the heirs, successors, and assigns of each of the parties hereto. DATED: CITY OF CARLSBAD 4A MATT HALL, Mayor Owner: ^oiytlk PA^JC^^. -3- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of 1>(<^^o On vJan . c33 ^ ^014 before me. vXrOi (oip l?o.4ei^iY)Q<^n tAotoi^M Pqbttc^ Date Here Insert Name and yitle of the Offieef-' personally appeared Name(s) of Signer(s) Commission* 1928533 | Notary Public - California z z v^^^iy San Oiego County j J NJSgSSK i.y Comm. Expires MaM4^2015L who proved to me on the basis of satisfactory evidence to be the person (s)'whose name(8) is/ape" subscribed to the within instrument and acknowledged to me that la«7^he/tbey executed the same in twg7her/tbeir authorized capacity (ies), and'that by his/her/their signature(^ on the instrument the person!^, or the entity upon behalf of which the person(€y acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature/ OPTIONAL • Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ^ Title or Type of Document:. Document Date: JoA 0-^1^ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Slgner(s) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Consecvcitor • Other: Signer's Name: • Corporate Officer — Title(s):. • Individual • Partner — • Limited • • Attorney in Fact • Trustee • Guardian • Other; Conservator Signer Is Representing: © 2012 National Notary Association • NationalNotary.org * 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of T^i-^^j^p On 1/a^/\4 before me, ^Apr^eiQ fVU . Mbj^m TuJbtiO (Here inserhfame and title of the officbf)' personally appeared _ who proved to me on the basis of satisfactory evidence to be the person^) whose name^) is/are-subscribed to the within instrument and acknowledged to me that he/sfee/#iey executed the same in his/hefAhek authorized capacity(4©s), and that by his/h©F/fch©ir signature^*) on the instrument the person^), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MORGEN FRY Commission # 1918442 Notary Public - CalUomia 1 San Oiego County ^ My Comm. Expires Oec 24,20141 Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or descriptioiicff attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attorney-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any altemative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authonzed capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary pubiic). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. t»/she/th^ is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a suificient area pennits, otherwise complete a different acknowledgment form. • Signature ofthe notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate titie or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12,10.07 800-873-9865 www.NotaryClasses.com EXHIBIT A PR 13-48 That portion of Lot 32, 33, and 34 of Patterson's Addition to Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 565, filed in the Office ofthe County Recorder September 22,1888 and that portion of Canon Street closed to public use by Order of the Board of Supervisors of San Dlego County, September 30,1939, described as a whole as follows: Beginning at the most Southerly corner of Lot 32; thence North 55° 27' East 350.00 feet along the Southeasterly line of Lot 32; thence North 34° 33' West along a line parallel with and 350 feet at right angles Northeasterly from the Southwesterly line of Lot 32 a distance of 28.00 feet to the TRUE POINT OF BEGINNING; thence continuing along said parallel line North 34° 33' West 141.03 feet to the most Southerly corner of that land conveyed to Homer D. Davis and wife by Deed recorded May 25,1948 in the Office ofthe County Recorder as Document No. 52616 in Book 2808, Page 269 of Official Records; thence along the Southeasterly line of said Davis Land North 55° 27' East 309.00 feet to the most Easterly corner of said David Land; thence parallel with the Southwesterly line of said Lots 32 and 33 South 34° 33' East 141.03 feet to intersection with a line bearing North 55^27' East from the true point of beginning; thence South 55° 27' West 309.00 feet to the TRUE POINT OF BEGINNING. EXHIBIT B PR 13-48 Lot A, Paradise Estates Unit No. 2, Map 3899, in the City of Carlsbad, County of San Diego, State of California. n y RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Johnelle Parker 3215 Maezel Lane Carlsbad, CA 92008 THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON JAN 23, 2014 DOCUMENTNUMBER 2014-0031059 Emest J, Dronenburg, Jr., COUNTi'' RECORDER SAN DIEGO COUNT/ RECORDER'S OFFICE TIME; 2:23 PM SPACE ABOVE THIS LINE FOR RECORDER'S USE AFFIDAVIT OF DEATH OF TRUSTEE Assessor's Parcel Number: 205 080 04 00 STATE OF CALIFORNIA } }SS. COUNTY OF SAN DIEGO } JOHNELLE PARKER, of legal age, being first duly sworn, deposes and says: 1, That OAKLEY G. PARKER, also known as OAKLEY PARKER, the decedent mentioned in the attached certified copy of Certificate of Death, is the same person as Oakley G. Parker named as Trustee in that certain Declaration of Trust known as the PARKER FAMILY TRUST dated August 29, 1995, executed by OAKLEY G. PARKER and JOHNELLE PARKER as trustors. 2. At the time of the decedent's death, decedent was the owner, as Trustee, of certain real property acquired by a deed covering the following described property situated in San Diego County, State of California: The real property commonly known as 3215 Maezel Lane, Carlsbad, California and more particularly described in the attached Exhibit A, incorporated herein by reference. 3. I am the surviving or successor Trustee of the same trust under which said d^dent held title as trustee pursuant to the deed described above, and am designated and empowered pursuant to thereof. Dated: 1/23/2014 STATE OF CALIFORNIA COUNTY OF SAN DIEGO JOHNELLE PARKER terrpswf said trust to serve as trustee } }SS } Subscribed and swom to (or affirmed) before me this 23rd day of January, 2014, by JOHNELLE PARKER, proved to me on the basis of satisfactory evidence to be the p appeared before me. MICHAEL P. MCCARTHY, Notary Publi A dti . .... ^ ^ MICHAEL R MCCARTHY Commission # 201 my I 1863 t J" Oiego County My Comm. Expires Mar 14. 20171 • • » • > « 'II • I t » > III IP n p f (This area for official notarial seal) M:^>^.Vyt>ri')tiri)L%*e&ti^TirT COUNTY OF SAN DIEGO 3052013164196 EI«E FILE NOMBEP CERTIFICATE OF DEATH C-IAtEOFMlWJMUl USE BUCK BK (WW ^ NO E5/l3U«5,»(nBOtS OS AlItftUKK 3201337014206 IOCML REOSnvmON NUMBER ii z 2 ^5 cc « ii li 1. MA-ME Of DECEOeMl -FIRST flwert OAKLEY AKA MSOKNCWNAS-liidU(lc>uBM(A;FiRSr, MDOiE LAST) 2-MIDOlE GEORGE 3. LAST ffimV PARKER 4 WTH STATl/F0«£OI COUNTRY MONTANA [•» iwHoftaef on b»efc> BACHELOR 5 .D*rE Of BIRTH nmwa'ccyv 3 ACE Vf. 12/23/1933 79 la SOCIAL SECUfltTY MUMBER 517-44-5942 11, EVER IN U.a ARMED FORCES? ••? MAWAl SJATUS^W (X • MARRIED 7 OATE OF DEATH mmid/mv 08/28/2013 FND 8 . HOUR a4 Hoi»»l 1745 WU.WASOECEDWI lllSf««ilAn«0(A>afWWSW iteiKilihM j 10 OECtOfNl'SftAC£-Up»Jri Pl yts ; : : jxi CAUCASIAN 17 USUAL OCCUPSTCIN - Type o» wort-(or ITOI ol W» 00 NOT USE RETIRED CONTRACTOR IS KWD OF BUSINESS oa INDUSTRY le 9. jioxy ik»9, iwd conslrxton, CTti!U>m8ci »jmcy. etc 1 RESIDENTIAL COMMERCIAL CONSTRUCTION 1». YEARS IN OCCUPATION 30 JO DECEDENT'S RESBENCE (Slreol and numOw. or ucaHoni 3215 MAEZEL LANE 21.OTY CARLSBAD 22. COUNTY/PROVINCE SAN DIEGO J3 . ZIP CODE 92008 24. YEARS IN COUNTY 2S STATE/FOflEKIN COUNTRY 49 CALIFORNIA 2fl IMFCWMANTS NAME. HELAnONSHIP JOHNELLE PARKER. WIFE 13215 MAEZEL LANE, CARLSBAD, CA 92008 M NAME OF smMVlNG SPOUSE/SROP'-rnST JOHNELLE 31. NAME OF FATHERTftBEMT FIRST OAKLEY 35 NAME OF MOIHERffWENT-FIRSI NELL MOOLE ARCHER 38 MCXJIE TIN N EN 30, oiSPOsrncN DATE mm'MWy* 09/04/2013 i\ TYPE Of DISPOSTKVIJS: CR/TR/BU 30:UiST.(BmHNAME) TAKACS 33.LA.ST PARKER 3». LASIimWTH NAMEi POTTS 34 BIRTH STATE CALIFORNIA jaamiHSiArF NEBRASKA 40. PUCE Of FWAiD«posnioN ROSEBUD CEMETERY ROSEBUD CEMETERY ROAD, ABSAROKEE, MT 59001 •12. StGNATUBE Of EM9ALMER • NOT EMBALMED 44 HAME OF FUNERAL ESTABUS«f.1EHT ETERNAL HILLS MORTUARY «. LICEUSE NUI.i9ER FD234 4e. 8IGNAT1WE OF LOCAL REGlSTTWR • WILMAWOOTEN, MD 43- UCEMSE I.-IJMBER 47. DATE n-,nV3diccyv 09/04/2013 101. PLACE Of OEA-H FOUND, HOME (FRONT YARD) ^jJdLii?" ' T FAOIITY ADDRESS G«l LOCATOW VA«Pf F'OUMO 1ST"'' art) mirSw or VfiSiXli " TOT • HflsniAl..SPl"(XVO.'4r ispiwi sprorYcrff [xissr-n^ 104. COUNTY SAN DIEGO 3215 MAEZEL LANE 107.CAl)5J. or WAIH IMWIHAItCAUM iFinai Ji<.63Mci cononof rosmiro ~ cwKjuonSs 11 iin> ''iWtnQ'.o cause on Line A Er.ler UNUERLYIKC CAL'SE (dls«» « Wliury lhal imualt'l Ihc cvijr.ts r«iMnolri(Kaiii:iA~,r .>;•••' r car(*r 4PWI •A:.0'«^rr irrrt. iy wr*ciitf iyWMr C«;roi-V'T.'A ,r PENETRATING INTRAORAL GUNSHOT WOUND ^ CARLSBAD R'^PLD jl 3-01976 :.T ' IC-j B'"''-'ERlC^.Uf-)- no. AuroPSY FERF OOUECI- StEKOE-ERUWNCCAL-SE' 11 f OTHER SKIMUCAWI CONDITIONS CONTWBUnNC! TO DEATH BUT NOT RESUIDNG tN Tl*. UNOERLYINC <VUSE GIVEN IN to' NONE 111 vv'ci.-^iFRAUyi Ji.FWRv: 1 Kri Nllti/ioroh 1127 0! .• NO , .•• -•••^mSbiw'^-^.v:^, M r* HOUR WE *« PIACE StMHI FrBM IHE CALSES SWEn,; . /, 11!. S«y«AniBf AHOTITIE ITF eSPriFlEa 113A If FEMALE. WSCNAST M LAS!'YEAR? 10 LICENSE NUMBER ; U! OATE mrnxvccyi' I ra, ICERIIFY TiW « OPIMCW CEATli XCURFEO AT WE HOUR D«E WO PIXE 5TAIE0 FflOU IHE CAUSES 5IATH! fHWJNEH OF CCATH.[~~| maH [~] Accnlirt| | Hsrnods [x] SueUs Q S^!^!^ • Q | 120. INJURED AT WORK ' Q YES [X] •:•:»»< 121 INJUFY OATE t" ivo*:iyr 08/28/2013 122 HOOR a4K.jrj) UNK 1?3 P1.ACF- Of INJURY «• 0 . hOT* HOME. FRONT YARD MUdoasaarM.ei?). i?.l r.6S(;(''Br' IN i.-^.-L-.'/.i-M-l^'i -l-I-.-J;l-J.'''! L.i.i _ _ _. . ,_ _ SELF-INFLICTED .22 CALIBER RfFLE INTRAORAL GUNSHOT WOUND, HEAD 12&. LOCATION OF iHiUFfv ISirwt arM nunea. or locatton, and cKy, am un 3215 MAEZEL LANE, CARLSBAD, CA_92gp8 1» SCNAIURE Of COHONEHV DEPUTY COft'HEK .r^ wGLENN WAGNER W'. 1127 OKIE mnvWVcejV ,j I?e TYPE N*M£.TlIUOf ailONrii/blPOiva»'f»« i'~ 09/03/2013 . GLENN WAGNER. DO. CME •010M-Oa2'l36709' CENSUS TRACT *A002623374* ••e.'oREK.J' Comity ol San DieiiO - I Icalch Hiiiiiaii .StTs iccs Aiieiit> .'X.-i 1 R<i.scci:i(i> Siicci This is lo icftil'v thai, ilTwanni! llie OFFICfAI. SFAl. OFTHF. STATF OF CALKORNIA. ili.e OFFICIAI. SFAL OF SAN DIFGO COUNTY ANO TMI.IR DFPARTMENT OF ULAL I H .SERVICT.S EMHOSSi I) SF AL. iiii> is a itiic Lopv ot tlic ORIGINAL DOCUMENT FILED Required (i;e paid; ; ! ; : y::::;;. DATE LSSUED. September'.'. 201. W1LMA.I. WOOTEN. MD REGISTRAR OF VITAL RECORDS . Comity ofSaii Diejio I'his cop> not salid mile.s.s prepared on eiiyiaved boiiler displaynii; seal and siL-iiatme of Re,LM^l^al 'ft. " IL<S^^^J^\ ^ Sf/s K?CCCSJM EXHIBIT 3 Ml 1 Z 3; 4 5 6 7 8 9 10 11 12 i 13! 14' 15 16 17 18 19 I 30! 211 221 I 23 .24 25 26 27 28 29 30 31 32 i! ACREIiMEIsT OCT23 9:00Alif9 A«a^ " rAPJinS; The parties to" this arrcciT-,ent are the City of'Carlsl')cc, A .Municipal Corporr.tion of the State of California, hereinafter rc.C«rrcd to as CITY; and OAKLE if (2. Pfij^B^ ^ , hereinafter referred to as OU'.NHR. RHCITALS: This a,';rcen;cnt is made with reference to tlic"f ol lowiri' facts:' 1. OV/N'nr, is tho ouMicr of certain real .property locatOi! in tlio ritv of Carlsbaci, County of San Dicro, State of Califor-nia, more particularly dcscrihod on Exiiibit A, attached hereto and !})• this reference incorporated herein. Said property herein- after referred to as PROPfiRTY. 2. CITY is the owner of a barrier lot in the City of CarLslv;u;, County of San Dieeo» State of California, iioreinaftcr referred to as LOT, and more particularly described on Exhibit K, attached hereto and hy this reference incorporated liercin. 3. LOT separates PROPERTY froin access to tlie nortiierly ten:':lUi':; cf Maezel Street and OiVNER wishes pcririission fron CITV to cros.s LOT for access, sewer, water, and f.as lines in connection wit!, the constniction by OIVNER of a resiucnco on P,10PI;MTY. 4. CITY is willing to allow 01:NER pcrrnission to cross LOT as requested on the herein stated terns and conditions. COVOMANTS^ -Now, therefore, it is ir.utuallv agreed between the parties hereto as follows: 1. CITY Iicreby grants to OV.'NER permission to cross tho westerly thirty (30) feet of LOT for purposes cf access to PROKHP/rY and for the purposes of providinf, sewer, water, rnc ;3as coniiccticns to i a residence to be built hy OV.Til.;!', on IM>OPIiRTY. Thc'hcrci;' pennission is granted only for tlic purpose of servinj one :),.i.-ht.'<.^iii^^' Ijl 2 • •• 3 4 5 i o 7 y 8 9 10 i 11 12 3. 13 14 15 16 i 17 18 19 20 ! 21 22 5 . 23 24 25 26 27 28 29 30 ; 6. 31 32 L 1 family residence to be, located on PROPnRTY and in the event such residence is not constructed, the herein granted per- mission shall be of no force and effect. In the event said residence is constructed and subsequently totally demolished, the herein granted permission shall automatically cease to bo of any fo,rce and eff^ect. OWNER shall fill and' compact PROPERTY as retiuircd by the I-ncincerinp. Department of CITY so as to properly support the driveway which''ds to be built across LOT and on PRd'HRTY. Sr.ii' J driveway slisill be built in accordance witli plons nnd £\i6ci£i' j cations approved by tiie Ensineerinjj Department of CITV. j Mo increase in or concentration of drainage shall be allowed j occur in connection with tlie herein described- construction ?o | as to cause any detriment whatsoever to lower lyinj proi-crtiic;;. j The herein srant'^d permission shall allow no public access | whatsoever and is granted only to Oi'.'XliR nnd only so lont. a;; ! OW.NER resides in or is constructing the said proposed residence | on PROPURTV. Tite herein ['.ranted peri'dssion may be assi.f.noi! \.y { OIVN'liR to subsequent owners of PROPHi^TY, if any, but only for { I use by tho occupants of tlie said proposed sinr,lo .sirijv | residence. .1 In tiiC event of an cNtension of Maezel Street northerly in tUc future, it will be necessary to rerove portions of Ol.NT.t^'s driveway and to remove arid relocate 0'.>'N.".R's scwcr, water, ".r.C sas lines. OWNER agrees ,that he shall have no clair. or cause of action for the removal of said driveway, sewer, water, nnc sas lines and that he will, relocate nnd reconstruct SHIC j facilities ns then directed by the l:n.<;inccrin,': Dopartmcnt of j CITY, at his own cost and expense. , • , P.y 'acceptinp the herein <-,rantod per:.nssion, '^'•:::r;R shril iicquir-: no greater richts to divide • PROPERTY into lo'^r^ rlir.n Lc i^aJ before the nrantin" of the Iierein stated pcrroissii:;'.. f9 I 1| 3,! ^Ii 5|l 6l! 8, 7 8 9 10 llj 121 13' 14 15 16 7. In the case of the disconnection or disruption of service of OW.NER's scwcr, water, and jus service Vo his said proposed residence in connection with the construction of an extension of Vaezel Street, as herein above described, OV:,\T:n shall l\ivo no claiTii or cause of action for dair.a,".es by reason thereof. This agreement shall be bindinr on the licirs, successors, .-nci assigns of each o£ tlic parties hereto. DATF.n T CTTY OF* CARLSii,\D 1 \A\fi(:Vi(); ()a\V STATIi or CM.TFORNIA ) COUNTY or SAN nTnco ) On this TX^'^ clay of f^j^/gfg ,> j" the >:e;'-^^, before rric. STU AIVI' tl. WILSON', a S'otary hil^iic x,n and for said St^?c nc^sonalV appeared HAWD M. nUNNF,, known to ire to be Mlyo?'of ? ?y Sf Carlsbad, California, and Known to to be the Je?son who cLcutcd the within instrument onJ)ehalf of said public corporation, ar.cncy or poluical suhdxvisxoii and aJknowlcdued to mc'that siich City of Carlsbad. C^Ufomxa executed the sane. WITNESS ipv hand and official seal. Sijjnature STUART C. WILSON NOTftRY TOBUC • CALIFORNIA PRU4C1P.M OfFICt IN SAN oieoo (swNrt £TUA'.Vr C. WILSON • MYCOMMISUION EXPIRtS JUNC 16, 197Z. TO 44Y e I lidiviiiu*)) ST/\Tli: OF CALIFOR^•|A { COUNTY 0F_ °" '^•f'^df^ /^y/ilC brforf mc. the und<!ir.i«n«i, • .Ncury Public In and for MI.J Side, pi-rwino FORJilA \ 3W /liey I @ 2 "' P"'""' n.mri' ^jPe 11.^ • In ili« willlin inoirumenl «nd iicknow1ed|t«l ili.i -T**,.. j Mi^uird Ihc Mme. "yry 1 WITNESS (ny hand ind fScjal ^^tfjr< ^ l/AtAraj^ I ^'^^ Nime (Typed or Prinltd) l-0'j;s F. MCKSOtT" • V.'Ji-ORNW -i. -'.•(••|;:E m S/\(i yiEco COUNTY (TBI. •m'lw •Msl oMirlil nail cn ^9 -•pfiViifftf' ••'-••^TL i ! 1 EXHIBIT A That portion of Lot 32" and street closed in Lots 32 and '34, Patterson's Afidition, Map 565, in the City of Carls- bad, County of San Diego, State of California, described as follows: Beginning at the, most Southerly corner of Lot 32; thence North 55" 27' East 350.00 feetj thence North 34» 33' West a's.OO , feet to the TRUE POINT OP BEGINNING; thencc contin- uing North 34" 33' West 141.03 feet; thence North 55" 27' East 309.00 feet^; thence South 34* 33' East 141.03 feet; thence South 55»; 27' West 309.00 feet to the TRUE POINT OF BEGINNING. EXHIBIT A 1 EXHIBIT B Lot A, Paradise Estates Unit No. 2, Map 3899, in the City of carlsbad. County of San Diego, State of Calif- ornia. EXHIBIT B as 0^ LOCATION MAP VICINITY MAP NOT TO SCALE PROJECT NAME AMENDMENT TO AGREEMENT BETWEEN THE CITY AND JOHNELLE PARKER TO ALLOW ADDITIONAL ACCESS RIGHTS TO MAEZEL LANE PROJECT NUMBER PR13'48 EXHIBIT PLOTTED BY: SCOTT EVANS PLOT DATE:1/7/14 PATH:D: \DEVELOPUENT PR0JECTS\PR\AUT0CAD\PR13-48.DWG EXHIBIT 5 David Rick January 8, 2014 Associate Engineer City of Carlsbad 1635 Faraday Av. Carlsbad, CA 92008 RE: Lot A of Palisades Estates Unit No. 2, i^ap No. 3899 (3215 l^aezel Lane) Dear Mr. David Rick, I am a long time Carlsbad resident, and am interested in subdividing my property located 3215 Maezel Lane into two separate lots, and am requesting the City's help. An issue has come up regarding the existing utility easement and residence access that I am hoping you can help resolve It is my understanding that Lot A of Palisades Estates Unit No. 2, Map No. 3899, was deeded to the City of Carlsbad, but not intended to be used for public use. In effect. Lot A prevents vehicular and utility access between my property and Maezel Lane. In the attached agreement made nearly 50 years ago between the City and I, (Document No. 185552 recorded at San Diego County 01/23/68), we were granted permission to cross the City Lot for purpose of access to the property and to provide sewer, water and gas connections. This agreement was made for one single family residence to be located on the property. Now that I am subdividing the property into two separate single family lots, I respectfully request the City to consider amending the existing Agreement (Document No. 185552) to allow an additional single family residence, and two second dwelling units, access through the existing easement. Respectfully aOhnelle Parker 3215 Maezel Lane Carlsbad, CA 92008 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. I, Donna Heraty, Deputy City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original RESOLUTION NO. 2014-013. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA. AMENDING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND JOHNELLE AND OAKLEY PARKER ORIGINALLY RECORDED ON JANUARY 23. 1968 AS DOCUMENT NO. 185552 TO ALLOW ADDITIONAL UTILITY AND ACCESS RIGHTS TO LOT A OF MAP NO. 3899 (MAEZEL LANE). GENERALLY LOCATED AT THE NORTHWESTERLY END OF MAEZEL LANE, approved by the Carlsbad City Council on January 28, 2014, now on file in the Office of the City Clerk of the City of Carlsbad; that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this 29*'' day of January, 2014. DONNA HERATY DEPUTY CITY CLERK (SEAL)