HomeMy WebLinkAbout1974-02-05; City Council; Resolution 33521
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RESOLUTION NO. 3352
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE-
MENT BETWEEN THE CITY OF CARLSBAD AND RALPH
E. AND MARYANNE H. WORTHING FOR PARCEL SPLIT
NO. 222, ROOSEVELT AND TYLER STNETS AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREE-
MENT.
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 Ralph E. and Maryanne H. Worthing for Parcel Split
No. 222, Roosevelt and Tyler Streets dated the 5th day of
February , 1974, a copy of which is attached hereto and in-
corporated 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
5th day of February, 1974, by the following vote, to wit:
AYES : Councilmen Dunne, McComas, Lewis, Chase and Frazet
NOES : None.
ABSENT: None.
ATTEST :
(SEAL)
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FUTURE IXPROVEM?BT AGREENEXT
of
OVTXER: Ralph E. Worthing and Maryanne ti. Worthing
ADDRESS : 1771 Andrea Ave., Carlsbad, CA 92308
DATED :
PARTIES: The partiesfto 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 nunber or gender,
COVENANTS: It is wtually-agreed by the parties hereto as follcws
1.
2.
3.
CITY hereby approves the ?arcel Spf it No. 222- Roosevelt and-
Tyler Streets - Assessor's Parcel No. 204-02t-5 I5
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 herei-n. Also shown €or
convenience sake on Attachment A, attached hereto and made
a part hereof.
CITY does hereby temporarily waive the requirement that oXSER
install along the street frontage of said property those
certain public improvements listed on ExhiSit B, attached
hereto and by this reference incorporated herein.
Upon written demand therefor by CITY, addressed to OWNER at
the address mentioned on Line 8 of Page 1 hereof, 0>7xE€? shall
forthwith, at OWNER'S sole cost ai?d expense, prepare plans
ar.d specifications, approved by CITY, for the construction
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of said public improvements in the street frontage of said
. 5j
1 property, and shall then forthwith construct said public
improvements according to said plans and specifications,
this paragraph may, at CITY's sole discretion, demand said . 5j this paragraph may, at CITY's sole discretion, demand said
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the obli'gation of the 'new owner, 13 I/
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
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14 I 5, I In the event OWNER fails to act as required in paragraph 3
above, after written demand therefor by CITY, CITY may perform
therefor, reimburse to CITY its costs therefor,
6. 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
l8 .i 39
21 shall create an equitable servitude upon said real property.
OWNER'S said obligations and OWNER shall upon written demand
.
CITY OF CARLSBAD, A Municipal
Corporation of the State of California
STATE OF CALIFORNIA
COUNTY OF SAfJ DIEGO )
On this ?* day of -&b,rd,+& in the year /f?"' I
Se lorc i11.2 ,
to be Mayor of the City of Carlsbad, CaLiforn$a, and known to rr,e
) ss ,
, a Notary Public in an.d for
L~/YN+ i , known to Tiic'
to be the person who executed the within instrument on behalf of [
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said public corporation, agency or political sabdivision, and
acknowledged to mc that such C!i.'ty of Carlsbad, Cali Eornia execute2
the same.
WITNESS my hand and official seal,
1
O'YJNER
STATE OF CALIFORNIA ) ss,
COUbTY OF SAN DIEGO )
On g?*7&FA& 24 1974
pub'lic in and for said State; personally appeared
, before me, the undersigned, a Kotary
$&,t&& k %L&LdL7,4 LIkLd. )7R-$.L/24" I1 Jy >*+.&&,* r.
r- '
whose name/s &/are subscriSed to tne within instrument and
WITNESS my hand and official seal.
', known to me t"b be the person/s LJ
Approved as to form:
PARCEL SPLIT #22?. - Worthing
LEGAL DESCRI ?Ti ON
Lots 26 G 27 in Block 32, City of Carfsbad, County of ~
San Diego, State of California, according to map thereof
No. 535 filed in the office of the Recorder, San Diego
County, May 2, 1888.
Assessor's Parcel No. 264-021-5 I6
EXH I8 I T "A"
PARCEL SPLIT #22?
1. Grading and paving of adjacent publ-ic right of way
city Standards.
c to its center1i.De except that portior, improved to
2, Construction of P.C.C. curb, gutter and sidewalk
abutting all street frontages of property.
Planting of street trees or deposit of monies with
the City to plant said trees.
3.
4. Installation of street lights and payment of 18-month
energy charges as required by City Engineer.
ALI construct.ion shall conform to City standards at time the
work is done.
Exhibit ”B ”
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