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HomeMy WebLinkAbout1974-05-07; City Council; Resolution 340621 WHEREAS, on the 7th day of May , 1974, the City 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO 3406 A RZSOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION REGARDING CHANGE OF ZONE FROM L-C and R-A-10 to P-C (PLANNED COMMUNITY) ON PROPERTY GENERALLY LOCATED WESTERLY OF LAKE CALAVERA AND SOUTHERLY OF COLLEGE BOULEVARD. APPLICANT: R. L, FARROW FOR FARROW REALTORS WHEREAS, on March 12, 1974, a duly advertised public hear- ing was held before the Planning Commission in the manner pre- scribed by law to consider a change of zone from L-C and R-A-10 to P-C on property generally located westerly of Lake Calavera and southerly of College Boulevard, more particularly described as: All those portions of Lots D, E, J and L of Rancho Agua Hedionda, according to the Partition Map there- of No. 823, filed in the office of the County Record- er of San Diego County November 16, 1896, a portion of said property being in the City of Carlsbad, County of San Diego, California and being more par- ticularly described on file in the Planning Depart- ment of the City of Carlsbad. WHEREAS, at the conclusion of said hearing the Planning Commission of the City of Carlsbad adopted Resolution No. 1049 recommending said zone change which is herewith referred to and mendations and heard all persons interested in or opposed to the proposed change of zone; and WHEREAS, an Environmental Impact Report was prepared and discussed at a duly noticed public hearing before the Planning Commission and the City Council and was certified as complete in compliance with City of Carlsbad Environmental Protection Ordinance of 1972; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the findings of the Planning Commission contained in the aforementioned Resolution No. 1049 constitute the findings of the Carlsbad City Council. 3. That the approval of the proposed change of zone classification is necessary to carry out the general purpose of Title 21 of the Municipal Code. 4. That the City Council of the City of Carlsbad intends to adopt an ordinance to effectuate the proposed change of zone. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 7th day of May I 1974, by the following vote, to wit: AYES: Councilmen Frazee, Chase, McComas and Lewis. NOES: None ABSENT: None Y*cAp ROBERT C. FRAZ , Mayor ATTEST : 3y: NORA K. GARDINER, Deputy City Clerk (SEAL) 2. I. 3 2 .i G 4 5 6 7 z a 9 10 . 12 12 13 14 15 16 .17 18 19 20 21 22 23 24 25 26 -27 28 29 30 31 32 I. . -. . . ~ ..-. ._. ,. .. .. . . . .. CITY OF CARLSBAD 1-200 Elm Avenue Carlsbad, California 92008 Docunientary Transfer Tax? fig INAIL TAX BILL TO Conveyed, *- Computed on Full Value of Proprty - Or Computed on Full Value Less Lie and EncumSrances Remaining at Time Owner Named on Line 7 at Addre<;s Named on Line 8 &q- CITY Of CAWhSBAD i&ZEPM€e~ii iRm4 sc a +ax ant or k'irm Name FUTURE IMPROVEMENT AGREEMENT of Op7NER: Michael M.. Grieser and Kandee E. Grieser 326 01 ive Ave., Carlsbad, CA 92008 ADDRESS : DATED : PARTIES: 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 The parties)to this agreement are the City of Carlsbad, to number or gender', CoVEEANTS: It is mutually. agreed by the parties hereto as follows 1. 2. 3. CITY hereby approves the Parcel Split NO. 232, Wilson Street (Assessor's Parcel No. 156-1'42-13) 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. CITY does hereby temporarily waive the requirement that owmg install along the street frontage of said property those certain public improvements listed on Exhibit B, attached iiere.to and by this reference incorporated herein. Upon written demand therefor by CITY, addressed to o:~NER s;t the address mentioned on Line 8 of Page 1 hereof, oWXER shall. forthwith, at OWNER'S sole cost and expense, prepare plans and specifications, approved by CITY, for the construction - >- .. .I 1 I x r z 4 C *% E 7 E 9 10 11 12 13 lil, 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0 of said public improvements in the street frontage of said property, and shall then forthxith construct said public improvements according 50 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 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 uf said improvements shall not constitute a waiver by CITY of its'continuing wight to demand such work 4. 5. 6. in the future. In the event title to said property or a part- thereof is sold, the herein stated obligation shall automatically also become the oblTgation 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, successors, 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 Municipzl Corporation of the State of California , By : .,.... ., ... . . STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO ) On this 18th day of Apri 1 , in the year 1974 I 5eforc i,?~, Virginia I!. Smith , a i?otary Public in anti *:or the State, personally appeared Robert C. Frazee - . , known to ne to be Mayor o€ the City of Carlsbad, California, and known to me to be the person who executed the within i-nstrument on behalf of c 1: 1: 14 1: 1€ 1'; 1E 1s '2c 23 22 23 24 25 26 .27 28 32 0 0 said public corporation, agency or political subdivision, and acknowledged to me that such Ci'ty of Carlsbad, California execute the same. WITNESS my hand and official seal. 1. . ~ L ?d3T>%7? PaBLIC: - CA?IFO:,NIA Signature P%'~?J~t OFFICE IN OWNER ss, STATE OF CALfFORNIA ) COUNTY OF SAN DIEGO ) ,.before me, the undersigned, a Notary aid State; personally appeared GZ?. w447<&+ 5, Pd/ .2Q .A&P2L74- ', 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. r' -&a V/ EL, Name (Typed or Printed) Approved as to form: 6 incent F. Biondo, (X'ty Attorney -3- * . .. ': All that portion of ~ot 4 of wilsonia Tract, in the Caunty of san Dieyo, State of California, according to Map thereof No. 23-69, filed in the office of Yne County Recorder of Saq Diega Caunty, August 13, 1929, described as follows: Beginning at the most Esstexly comer of said Lot 4; thence along '&e Northeasterly line of said Lot 4, NorC\ 34O33' tJest, a distance of 217.36 feet to a point, said paint being the most Northerly comer of the land conveyed to Gzorge Ede, by deed recorded in Book 1721, Page 498 of Official Fscords of Sa Diego County; thence continuing North 34O33' West along the Northeasterly line of said Lot 4 of Wilsonia Tract, a dis- tance of 63 feet; to the true point of beginning of the property herein described; thence from said true poht of beginning, South 55O27' West parallel with the Nort%;westerly line of said Ede's land, a distanse of 200 feet to a point in the Northezsterly lins of land described in deed to Wil3.i.m Hlnes, et ux, recorded June 19, 1957, in Book 6628, Page 237 of Official Records; thence along said Northeasteily line, Nom 34'33' West to a point in the Southeasterly line of land described in deed to Nyrtle Mullan, recorded January 31, 1951, in Book 3954, Page 315 of Official Records; thence along said Southeasterly line, North 55O27' East 200.00 feet to the Norkh- easterly line of.said Lot 4; thence along said Northeasterly line South 34O33' East to the true point 05 beginning, Form 3631 Chicago Title Insurance Company -- - PARCEL SPLIT NO. 232 1. . 2, 3, 4. All Grading and paving of adjacent publ,ic right of way to its centerline except that portion improved to City Standards. 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. Installation of street lights and payment of 18-month energy charges as required by City Engineer. work construct-ion shall is done,. conform to City standards at time the Exhibit ‘I B ” ’. *. ..’. 4