HomeMy WebLinkAbout1974-05-07; City Council; Resolution 3417U
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RESOLUTION NO. 341 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND CASA DE LA PLAYA,
A LIMITED PARTNERSHIP, FOR CARLSBAD TRACT 73-30,
PARTICIPATION IN A FUTURE SEWER ASSESSMENT DISTRICT
SERVICING JUNIPER STREET
The City Council of the City of Carlsbad does hereby resolve
as follows:
1. That the certain agreement between the City of Carlsbad
and Casa de la Playa, a limited partnership, for Carlsbad
Tract 73-30, Juniper Street, dated the 7th day of
May , 1974, a 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 authorizt
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 held the 7th day of May I
1974, by the following vote, to wit:
AYES: Counci liiien Frazee, Chase, ?lcComrlS anti 1-ewis
NOES : None
ABSENT: None
ATTEST :
&d- ROBERT C . FRAZEE ,&?4ayor
.-
By: MORA K. GR'?DINER, Deputy City Clerk
(SEAL)
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scrjption
North2ast corner of Ches’caut and i41onr3e Street; portion
of Lot #4, Tract 255, Thum Lands, Xap 1681, in the City
of Carlsbad, beginning at the intzrseetion of the center- line of Chestnut Avenue count.^ Avenue) and Monroe Street;
thence North 87057’30” East 233.55 feet; thence North
28°39‘00” West 421.63 feet; thence South 61°21’00” West 208.81 feet; thence South 28O39’00’~ East 317.03 feet to
the Point of Beginning.
Excepting therefrom the most southerly 30 feet and the most westerly 30 feet for public right of way.
Exhibit A
1. Installation of street lights along full public street
frontage and payment of 18-~,0nk?: energy charges a.s required
by City Engineer,
All construction shall conform -to City standards at time the
wcrk is done. .
Exhibit "8"
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OWXER: Sou'c'nern California a?;d Solrthtvest Conference of the United
ADDRESS : - 464 East Walnut Street, Pasadena, Califorrria
Church of Christ
DATED : Mav 7, 1974 -.
-- PARTIES: The parties:to this agregment are the City- of Carls'bad,
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. assessor's parcel noe
205-330-26
COVEEANTS: It is mutually agreed by the parties hereto as follows
1.
2,
3.
CITY hereby app- loves the day care center & private school
facility at n/e corner ChestnQt Ave. & Monroe St, CUP #85
on that certain real prop%rty, warrafited by OWPJER to be
wholly owned by him, described on Exhibit A, attached hereto
P.C. Res #918
and by this reference incorporated herein, Also .shown for
convenience sake on AttachKent E., attaclcd heretc and fitade
a part hereof.
CITY does hereby temporarily waive the requirement that OQDTER
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install along the street frontxje of said propzrty those
certair, public improvements listed on ExhiSit 13, clttachec
Upon writt5n demsfid ti;e=cfor Sy CITY, addressed to OWNER at
and spccificat LO~S, approved by CTT'I', for the construction
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of said public improvements in the street frontage of said
property, and shall then. forthwith construct said. public
iopr9venents according tc said pl,ar?s acd 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 a11 said improvements on all said property, or
as to afiy portion thereof, ani! the failure by CITY ts denan2
said work as to any of said impravementx shall not constitute
a waiver by CITY of its'continuing right to demand such work.
in the future.
In the event title to said propertly or a part thereof is soid,
the herein stated obligation shall autsmatica1l.y aZs~ became
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 perfoji:rr
OWNER'S said obligations an.d OhRJE23, shall upon written demand
therefor, reimburse to CITY i.ts costs therefor,
This agreement shall be binding upon and inure to the benefit
of the heirs, sucpessors, assigns, and successors in interest
in said real property, shall run with said reaL property, and
shall crea-te an equitable servitude upon said real property-
CITY OF CARLSBAD, A Municipal
corporation o:\,,,tge state of Cz1ifornj.a
< '\ I'
By :
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On this gn day of , in the year /e/7P(- e
before me I/, i.?~1x2 IF?- )l/? ..* a Notary Public in arid for
the State, personally appeared ,,&~-=?r (7. ,-5&??z:c-~ , known to mE
to be xa;ror of the City of Carlsbad, California, and known to [ne
to be the person who executec! the within instrument on behalf of
..
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Fred P, Regi
STATE OF CALIFORNIA )sse
COUNTY OF
Los Angeles
On February 19, 1974 , before me, the undersigned, a Notary
Public in and for said State; personal2y appeared
Charles A. Zahka., Chairperson and Fred P. Registen, Secretary
, kr,own to me to be the person/s
whose name/z ware sxbscribed to the within instrument and
WITNESS rry 'nand ar,d official seal,
h&&->? * .- * .-. Signature & . AA&J 8, Zi2L.d DOLOF1ZS B. KfLiiN
NOTARY PiJSLIC- CALIF0R;JIA
LOS ANGELES CCUiYT'i Dolores 5. Killen
Name (Typed or Printed)
Approved as to form: 4
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