HomeMy WebLinkAbout1974-07-02; City Council; Resolution 3454€U3SOLUTION NO. 3454
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING A
CLAIM AGAINST THE CITY.
WHEREAS, on June 21, 1974 Charlotte V. Norris filed a
claim against the City of Carlsbad in the amount of $363.50; and
WHEREAS, state law requires that the City Council consider
all claims and take action to approve, approve in part, or deny
said claim;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the City Council has heard and considered the
facts and circumstances of the above-described claim.
3. That the City Council hereby denies said claim.
4. That the City Attorney is directed to forward a copy 0:
this resolution to the claimant and to the City's insurance carriei
and to comply with all other notice requirements provided by law.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad, California, at a regular meeting held on the
?nd day of jUly , 1974, by the following vote, to Wit:
AYES: Cmn. Frazee, McComas, Lewis, and Chase.
NOES: None.
ABSENT: None. P&cx,, ROBERT C. FRAZEE, ayor
!ITTEST :
( SEAL )
PARCEL SPLIT #235
P
1.
2.
3.
4.
5.
6.
Grading and paving of adjacent public right of way
to its centerline except that portion improved to City Standards.
Construction of P.C.C. curb, gutter and sidewalk
abutting a1 1 street frontages of property.
?]anting of street trees or deposit of monies with
the City to plant said trees.
Installation of street lights and payment of 18-month
energy charges as required by City Engineer.
Owner agrees to participate in any future drainage
assessment district formed to alleviate drainage.
problems of the area. This will affect only the
parcel adjacent to the drainage easement (Par. X2)
Conditions 1, 2 and 3 above apply only to the parcel
having frontage on Highland Dr. (Par. #1)
All construction shall conform to City standards at time the
work is done.
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CITY OF CARLSBAD
. 1200 Elm Avenue
P< i/+ - Carlsbnd, California 92008 Documentary Transfer Tax$ - Computed on Full- Value OE Pr02~3rt
MAIL TU BILL TO Copveyed,
Owncr Named on Line 7 at
Adc?re:;s Named on Line 8
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--
- Or Computed on Full Value L~SS r,i(
and Encurtbrances Remaining at Tim,
-of Sale,
FUTURE IMPROVEMENT AGREENENT
DATED :
PARTIES z The parties-,?to this agreement are the City of Caxlsbad,
a municipal corporation of the State of California,
referred to as CITY; and the person or persons mentioned on Line 7
hereinafter
of Page 1 hereof, hereinafter referred to as OWNER, without regard
to number or gender'.
COVENANTS: It is mutually agreed by the parties hereto as follows
1.
2.
3.
CITY hereby approves the Proposed Parcel Split No. 235 -
Chestnut and Hiqhland - Assessor's No. 205-220-2
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, zttac'n'ed hereto and made
a part hereof.
CITY does hereby temporarily waive the requirement that OTVNER
instat.1 alo~g the street frontage of said property those
certain pu51 ic improvements listed on Exhibit B, attached
hereto and by this reference incorporated herein.
upon written demand therefor by CITY, addressed to QWNER at
the address mentioned on T,ine 8 of Page 1 hereof, OWNER shall
forthwith, at OLV"I?'S sole cost and expense, prepare plans
and specifications, approved by CITY, for the construction
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4 a.
5,
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of said public improveDents in the street frontage of said
proprty, and shall then forthwith construct said public
improvcmentG according to 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 ail said improvements on all said property, or
as to any portion thereof, and the failure kiy CITY to demand
a waiver by CITY of its continuing right to demand such work
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 obli'gation of the 'new owner.
Ir, the event OFTNEII fails to act as required in paragraph 3
above, after written demand therefor by CITY, CITY may perforn
OWNER'S said obligations and OWNER shall upon written demand
therefor, reimburse to CITY its costs therefor.
This agreerrent shall be binding upon and inure to the benefit
of t11e heirs, successors, assigns, an2 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 Municipal
Corporation of the State of Californi
- By :
Mayor
sTArrc OF CALIFORKIA ) ss. .
COUNTY OF SAN DIEGO )
On this day of , in the year I
bc fore nc? I , a iqdtary Public in and for
the State, personally appeared . -, known to nir
to be Mayor of the City of Carlsbad, California, and known to me
to be the pcrson who executed the within instrument on behalf of
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said public corporation, agency or political
acknowledged to ne that such Ci'ty of Carlsba
the same.
WCLT.T?~KE,SS my !land and official seal.
Signature
subdivision, and
, California execute(
STATE OF CALIFORNIA ) ss
COUNTY OF B*x%x@xm 1
LOS ANGELES
0 n JUNF 8. 1974 ,. before me, the undersigned, a Notary
Public in and for said State - personall ap eared Harry SY1vesters orothy E. Sylvester, Margaret J. Sylvester, Dororhea f. Colla
whose name/s Fs/are subscribed to the within instrument and
WITNESS my nand and official seal.
-' ' known to me to be the person/s
WiLLIAM P. VEtlCAN ,
Name (Typed or Printed)
Approved as to form:
/incent F. Biondo, City Attorney