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HomeMy WebLinkAbout1974-04-16; City Council; Resolution 3405I 11 I I 6' 7 8 9 RESOLUTION NO. - 3405 .- The City Council of the City of Carlsbad does hereby resolve as follows: 1. That the certain agreement between the City of Carlsbad and Michale M. and Kandee E. Grieser for Parcel Split No. 232, A RESOLUTION OF THE CITY COUNCIL OF THE CITY MENT BETWEEN THE CITY OF CARLSBAD AND MICHAEL M. AND KANDEE E. GRlESER FOR PARCEL SPLIT NO. ING THE MAYOR TO EXECUTE SAID AGREEMENT. OF CARLSBAD, CAL I FORN IA , APPROV I NG AN AGREE- 232 IMPROVEMENTS ON WILSON STREET AND AUTHORIZ- 11 12 13 14 15 16 17 18 19 20 copy of which is attached hereto and incorporated herein by this 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 by the City Council of the City of Carlsbad, California, at a regular meeting held April 16, 1974, by the following vote, to wit: AYES: Councilnien Frazee, Chase, McComas and Lewis NOES : None 1OlIWilson Street, dated the 16th day of Anri 1 1974, a 1 23 24 ATTEST: 21 22 32 L 25 1 26 27 30 31 e&- ROBERT C. FRAZEE, Maflr /I I RESIDENT CARETAKER AGREEMENT THIS AGREEP.?NT made this 16th day of April, 1974, by and between THE CITY OF CARLSBAD, a Municipal Corporation, hereinafter referred to as "CITY", and ANTOINETTE C, DELPY, hereinafter referred to as "CARETAKER", W I T N E S S E T H: WHEREAS, ANTOINETTE C. DELPY presently resides on a parcel of property approximately twenty acres containing the residence of CARETAKER, a portion of the Carrillo Ranch, and I WHEREAS, said Ranch is presently owned by the Carillo Ranch Partnership, and Fi(HEREAS, under property development agreements the twenty-acre parcel containing the homesite of CARETAKER will be deeded to the CITY OF CARLSBAD for park purposes by the Carrillo Ranch Partnership, and WHEREAS, it is desired by the parties that CARETAKER remain in occupancy of the residence and homesite for a period of time prior to the date upon which the CITY OF CARLSBAD will commence development of the said homesite as a park, NOW, THEREFORE, IT IS COVENANTED AND AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. CARETAKER will continue to remain in occupancy and residency in the residence presently established on the proposed park site containing approximately twenty acres of real property and described in Exhibit A attached hereto and incorporated herein by reference thereto for a period subject to termination by CITY upon six months' written notice given to CARETAKER at the aforesaid residence but in no event prior to December 31, 1975. residency shall be at no cost to CITY. Such occupancy and 2. No rent shall be payable by CARETAKER during the 0 0 period of occu2ancy except that nominal rent of One Dollar ($1.00) per year may be payable in the event California governmental law would require such a lease rental payment. ! 3, CARETAKER would act as a caretaker for the property, acting as an independent contractor and in no way as an employee of CITY. 4. CARETAKER will maineain the property in its present condition, reasonable w,ear and tear excepted, and will continue to maintain the property in such condition during the entire period of ocqupancy, 5. CARETAKER at no cost to CITY shall maintain fire and extended coverage insurance on the property in the amounts presently maintained thereon by CarriLio Ranch Part- nership as shown in Exhibit B attached hereto. CITY shall be named as an additional insured on such policy. CARETAKER may terminate her occupancy and all 6, requirements that she may have under this lease upon giving thirty days' written notice to CITY at the City Hall in Carlsbad, California, addressed to the City Manager of CITY, 7. CARETAKER may occupy the residence in the manner and style in which she presently occupies the premises as her residence with the right that she may allow other persons to remain in residency with her but shall not sublease the premises or assign her Irights under this agreement in any manner without the written consent of CITY. 8. It is the express intention of the parties that CARETAKER may treat the residence and the property as her home subject to her obligation to maintain the condition of the premises as set forth above during the period of her occupancy. However, CARETAKER shall be obligated to maintain both interior and exterior walls and roof in at least their present condition and shall be obligated to requirements of 2. landscaping only to the extent that the premises are pres- ently maintained in a landscaped condition. 9. CITY shall have the right to inspect the premises ! and its immediate grounds at reasonable times during daylight hours upon giving notice to CARETAKER of the intention of CITY, its officers and employees, to make such inspections, Such inspections shall be for the purpose of assuring the proper maintenance of the premises and for no other pur- poses. CITY shall have the’right to inspect the balance of the property from time to time, 10. Upon the termination of the period of written notice duly given by CITY, CARETAKER shall vacate the prem- ises, leaving them in broom-clean condition and remove therefrom only her personal property which shall include all decorative items and household appliances ordinarily and customarily removable by occupants of residence premises, IN WITNESS WHEREOF, the parties hereto have affixed their signatures and caused this document to be executed by officers duly authorized. Dated: April 16 , 1974. CITY OF CARLSBAD P ANTOINETTE C. DELPY, CARETAKER 3. ' EXHIBIT A ! Being a portion of the'East one-half of the North- west one-quarter of Section 19, Township 12 South, Range 3 West, San Bernardino Meridian, in the County of San Diego, State of California, according ,to the Official Plat thereof, more particularly described as Ifollows: Beginning at the North one-quarter corner of said Section 19; thence along the North line of said Northwest one-quarter, North 89'39'01" West 1321.00 feet thence leaving said North line along the Gest line of said East one-half South 0°06'44" West 2171.70 feet to the TRUE POLlJT OF BEGIN- NING; thence retracing North Op06'44'' East 848.80 feet; thence leaving said West line North 79O55'10" East 1337.69 feet to a point on the East line of said Northwest one-quarter; thence along said East line South 0°20'46" West 200.00 feet; thence leaving said East line South 6O00O'0O1' West 400.00 feet; thence South 33O32'10" West 673.18 feet; thence South 8008'00" West 197.85 feet; thence North 82'36'50" West 575.97 feet to the TRUE POINT OF BEGINNING. Containing 20.00 acres. EXHIBIT A 9 . Policy krm: ! .. .. .. X3m of Fire Protection District; if any. .............-..............-..............-.-..-.-.-.-........ ..%.. ......................................,..................... . c.3 . g2f3z3* house, WrrJG, v, .iy c: $* 3. .................._........ on the .._.: .- ............ roo; .................... Buildin;: Gn:ainia~-~Y2.-~~; ~zniiy units. while occu$id .- ou gy-~?~--~ onIy as a Dwelling House. (Diagram Xo ....&..* ___...... * A $.........._..............On Household Furniture and Persona: Prpperty. zX ody wvhi:: contzined in thc Ias: above &strib& * 7. S ..... . ..._._........... On Hay, only while contained in the abovc Gcscribcd barn bddicg. * 8. S ......_....._............ On the ...._..... ........ rwf .............._.... Euiiding. while occqitr! only is a \VifidmX, Tower, T;nk or lunr~ Kousc, including pumping machincry and its ccpipncnt. ail only while contained in, G:I or attach& to said .............. L;.;,L;ae bitifding. (Diagram Spra do 1 **PA --3*73-m sump . . .. %,-d/e$$. $......._...................On the ...._............ .roof.... ........_...... Cuiiling. while ocopizc! only as z!??%?!,.-&%!'3?.* ..._.. e-..$ _.._._.___ (Diagram KO .....-... : .& .. (Diagram So ...................... 1 . L" (Diagram Xo 1 ... : SPSg3, T7*.Lto ?IT? 45.m .;, .............. .................... .!I. $.....-..................-.On the rooi Boilding. while occu?ied only as a..--.k.d...?- .... .. ....- - 8. L3*Cc.& r? -is" DB s*gw. $SF $. ........_. ............. On the .............. g.ron!ft...?-?.?. .RviIbing. whilc occupied onty as a.,*--a ............._ :... ___...._-.._- _._.-. . .. ...................... OGU '12. $.._._..................On Pou?try (SOT COVERED USDER ASY OTMER ITEM OF THIS POLICY), oniy wxhiie on the above descrihd farm. THfS .L\lIC~t;ST ATTXCHISG IS EACX BUTLDIXG AX3 IS TEE OPES IX TiiE PRO?ORTIOS TH.4T THE V.4t'iE OF TEE EIXDS IS EACH SlJCX BUILDING 03 IX TXE OPES J3EATZ.S TO TilE \-.+LUE Or' ALL EiIRDS COVEiZ2D HERE- UXDER. ctmf ON ASY OSE BIRD SOT TO EXCEED S.... .............................................. -13. .............................. Trays. Eoxes and Box Shoak. all on:). whik located ariyrvhere on the ahow Crscribcd farm. THIS AMOCST ATTACEISG OX EACX TRAY OR RDS OR THE BOX SHOOK THE.iZEFO!i IS TtlE I-'i?(II'CIKTfOS TXAT TiiE VALUE OF SLCX TXAY OX BOX OR TEE BOX SHOOK THEREFOX BEAKS TO TXE ACCREGATE VALVE OF ALL TR.%YS. BOSES '13. $ ........................ On Movable Agicultwal Equipnimt. :mplcner.ts an2 Su:.$ics, d! only while oil tile ahovt descriw iarm . ASD BOX SHOOK COVEXED iiERELSDER. .. . or anywvhrrc \\ithin ;he limits of the same county or adjoining oun&s. '15. S. -9 3 *.%.. 4 .On E&~.-IS-. --@ p$ie+'+jJq2z~~ ~~.k&.~:,:b: btii!+nx Gesctibcd uder Item h'o ._ ................... -;sQ,L*UG 9 -W? r, UJ:. * . -2 -./y 0 JJ cr .. i +16. $............................On...... ......................................... ..................................................,..,... ................................ ........,....-. ._......- '17. ,C ......................... On ........................................................ : ........................................................................... .. .........................._................ i .. *IS. $...........................On ........ : ...................................... .......................-........................... ................. ..-........-........ ............................ ........_...... ?AWAGRAPM -NO. hcttvrcn :bib Injure; and the folJo\virig namd !'ayre. lobs. if any. mdrf I:em(sj.. ........ 5hsS bc pcryable to .............-.......... whosc mailiog addrcss i3 .............. i- .................................................................... izj'-.,-?G ............. : .......................................................................... ............................................................................................ ............................................................... - .-.. ......................... i C.