HomeMy WebLinkAbout1974-08-06; City Council; Resolution 34711
2
3
4
5
E
7
€
5
IC
11
1:
1:
0 11
0 21
2:
2,
2
2
2
2
2
2
2
3
3
3
RESOLUTION NO. 3471
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
WITH CONDITIONS TENTATIVE MAP (CT 74-8)
TO ALLOW DEVELOPMENT OF A 10-LOT SINGLE
FAMILY SUBDIVISION LOCATED AT THE SOUTH-
EAST INTERSECTION OF VALLEY STREET AND
OAK AVENUE.
APPLICANT: S.L.& B. SERVICE CORP.
WHEREAS, on the 9th day of July, 1974, the Carlsbad
3ity Planning Commission adopted Resolution No. 1080 recommending
to the City Council that Tentative Map (CT 74-8) be conditionally
approved; and
WHEREAS, the City Council of the City of Carlsbad, on the
6th day of Auqust , 1974, considered the recommendation
Df the Planning Commission; and
WHEREAS, said Tentative Map has complied with the require-
nents of the City of Carlsbad Environmental Protection Ordinance
of 1972 and has been declared to have a nonsignificant impact on
the environment;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
A. That the above recitations are true and correct.
B. That Tentative Map (CT 74-8) is hereby approved,
subject to the execution and/or fulfillment of the following
conditions:
1. The development of the property described here,n
shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which, hereafter, may be in force for the purpose of preserving the residential characteristics of adjacent properties.
2. Park-in-lieu fees shall be granted to the City prior to City Council approval of the final map.
3. In order to provide for reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings,and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. A hydran- shall be installed between lots 5 and 7.
1
2
3
4
5
6
7
8
9
10
11
12
13
cl 14
20
21
22
23
24
25
26
27
28
29
30
31
32
I-
0 -
4. All public improvements shall be made in conformiti to the City of Carlsbad Engineering Design Criteria and
Standard Plans, the Subdivision Ordinance and other City standards, to the satisfaction of the City Engineer,
without cost to the City of Carlsbad, and free of all liens and encumbrances. Improvement plans for water and
sewer systems shall meet the requirements of the respec- tive service districts.
5. Ornamental street lighting shall be provided for
The developer shall post as required by Municipal Code.
a bond and/or cash in the amount necessary to energize
said street lights for an 18-month period after construc-
tion to permit the incorporation of the subdivision into a maintenance district.
6. All utilities, including provisions for cable TV,
shall be placed underground and/or shall be completely
concealed from view.
7. Vehicular abutting rights of access to Oak Avenue
shall be relinquished on lots 1, 2, 3 and 4.
8. Valley Street and Oak Avenue shall be dedicated and improved on the basis of a half-street section.
C. That said Tentative Map, together with the provisions
for its design and improvement and subject to the above conditions,
is consistent with all applicable general and specific plans of
the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the Carlsbad City Council held on the 6th day of August , 1974
by the following vote, to wit:
“I
AYES: Councilmen Frazee, Chase, McComas, Lewis and Skotnicl
NOES: None
ABSENT: None
ATTEST :
A
( SEAL )
2.
I.
-is . - --
a 4*
#;!
1
2
3
4
5
6
7
8
9
10
. 11
i2
13
14
15
16
. 17
18
19
20
21,
22
23
24
25
26
27
28
29
30
31
32
IMPROVEMENT AGREEMENT n
/P.S. #Z& NAME OF' DEVELOPMENT: Cal ifoknia Lytheran Nursing Home
-?-%bad E?-v,u. E cr-:-
NAME OF SUBDIVIDER: Cal i fornia Lutheran Homes
ESTIMATED TOTAL COST OF IMPROVEMENT:
ESTIMATED TOTAL COST OF MONUMENTATION:
TIME LIMIT FOR PUBLIC IMPROVEMENT COMPLETION: ' one vear 1
$20,000.00
*. $350.00
PARTIES: The parties to this agreement are the City of
Carlsbad, California, a Municipal Corporation of the State of
California, hereinafter referred to as CITY; and the subdivider
named on Line 3 of Page 1 hereof, hereinafter collectively referred
to as SUBDIVIDER.
WITNESSETH: k
WHEREAS,. SUBDIVIDER proposes to subdivide land within the
City of Carlsbad to be known as P.S. #228 Carlsbad Lutheuan ; and
Nursing -Home
- 15 Assessor's Parcel No. 203 " 232 15 6.
WHEREAS, SUBDIVIDER proposes to construct street and other
public improvements in connection with said subdivision 'as required
P
by the Carlsbad Municipal Code and as hereinafter provided; and
WHEREAS, the provisions of Section 18-41 of the Carlsbad
Yunicipaf Code provide for an agreement containing certain
?revisions as hereinafter set out: /
NOW, THEREFORE, in consideration of their mutual promises,
the parties hereto agree as follows:
COVENANTS:
NOW, THEMFORE, it is agreed between the parties hereto as
Eollows: -.
L. SUBDIVIDER agrees to complete all improvement work in
accordance with plans and specifications approved by the City
Engineer, including all improvements required by the Municipal
Code which were not specifically waived by the Planning Commissic
A
*.
J .. .' '
3
i
2
4
C c
E
7
+I
9
1c
11
i2
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
2.
3,
4.
or City Cozncil. in approving the subdivision, plus any addition
improvements required by thc Planning Commission or City Counci
as a condition of approviag the subdivision.
imposed by the Plpnning Commission or City Council are incorpor
ated here by reference and made a part hereof as though fully
set forth.
The conditions
*. SUBDIVIDER agrees to complete said improvements
within the time limit specified on Line 6 03 Page 1 from the
date hereof.
SUBDIVIDER shall furnish to CITY good and sufficient improvemen
security on forms approved by CITY, in the amou.nt of 100% of
said amount stated on Line 4 of Page 1 hereof to assure faithfu
performance of this Agreement, and in the additional amount of
50% of said amount stated on Line 4 of Page 1 for securing
payment to the contractor, his subcontractors and persons rent2
equipment or furnishing labor or materials to them for the
improvements required to be constructed or installed hereby,
1
*
and shall deliver or pay to CITY a bond or cash deposit in the
amount stated in Line 5 of Page 1 hereof guaranteeing the cost
of setting subdivision monuments as required by law.
The City Engineer or his duly authorized representative, upon
request of SUBDIVIDER, shall inspect the improvements herein
agreed to be constructed and installed by SUBDIVIDER, and, if
determined to be in accordance with applicable City standards,
shall recommend the acceptance of such improvements by CITY.
Any changes, alterations or additions to the Improvement Plans
or improvements, not exceeding ten percent (10%) of the origina:
estimated cost of the improvement, which are mutually agreed
upon by CITY and SUBDIVIDER, shall not relieve the improvement
security given for faithful performance of the improvement.
the event such changes, alterations, or additions exceed ten
percent (10%) of the original estimated cost-of the improvement
SUBDIVIDER shall provide improvement security for faithful
In
A
.
-2-
'.
I. ..
b
3.
2
3
4
5
E
r 1
I
I
1(
1:
i:
1:
11
1
1
1
1
1
2
2
2
2
2
E
f
:
:
.r c
* .
,
I
perfonLance as required by Paragraph 2 of the Covenants hereof
in the amount of fifty percent (50%) of the total estimated
cost of the improvement as changed, altered, or amended, minus
any completed partial releases thereof as allowed by the
Subdivision Map Act. e. c
SUBDIVIDTR shall guarantee such improvements for a period af
one (1) year following the completion by SUBDIVIDER and
acceptance by CITY against any defective work or labor done,
or defective materials furnished, in the performance of- this
agreement by SUBDIVIDER,
In the event that SUBDIVIDER fails to perform any obligation
hereunder, SUBDIVIDER authorizes CITY to perform such obligatio
twenty (20) days after mailing written notice of default to
SUBDIVIDER at &e address given below, and agrees to pay the
entire cost of such performance by CITY.
In the event that SUBDIVIDER fails to perform.any obligation
hereunder, SUBDIVIDER agrees to pay all costs and expenses
.. -,..
incurred by CITY in securing performance of such obligations,
including costs of suit and reasonable attorney's fees.
SUBDIVIDER hereby binds itself, its executors, administrators
and assigns, and agrees to indemnify and hold CITY harmless
from any losses, claims, demands, actions, or causes of action
of any nature whatsoever, arising out of or in any wal; connecte
with the improvements agreed to be constructed and installed
hereunder by SUBDIVIDER, including costs of suit and reasona5le
attorney's fees for a period of one (1) year following the
acceptance of said improvements by CITY.
CITY OF CARLSBAD, A Municipal
California 'Corporation of the State of
-3-
1
2
10
11
iz
12
3
4
5
6
7
8
9
1:
2(
2:
21
2
2
2
2
TATE OF CAIFORNIA ) ss, OUNTY OF SAN DIEGO )
in the year tb n this Q day of -/2/flArC/
ersonally appeared nh J/d /"I DdflAe. ayor of the City of Carfsbad, California, and known to me to e the person who executed the within instrument on behalf of aid public corporation, agency or political subdivision, and cknowledged to me that such City of Carlsbad, California execut
e, MARGARET E- ADAMS, a Notaky , known to me to be
U.
*-
.ed
.- OWNER
iTATE OF CALIFOWIA ) ss.
:OUNTY OF SAN DIEGO
InDecember 24, 1973 before me, the undersigned, a Notary Public
in and for said State, personally appeared John R, Steinhaus , known to me to be the
?erson/s whose name/s is/are subscribed to the within instrument
2nd acknowledge that he/she/they executed the same-
UTNESS my hand and official seal,
nitiiiiinntinmiiuiaiii~~~~n~l~~l~~~~ i OFFIClAL SEAL BRONWYN MURDOGK
NOTFflf PUBLIC - GAUFORNIA
PRINC!PAL OFFICE IN
LOS ANCELES COUNTY My Commission ExpiresApr.4,1976
lIIIIWmWWUUIHI(IIIIllllulllll~lluulluu~~~~n~llllll~lllllll
APPROVED AS TO FORM:
a