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Home My WebLink About1974-11-06; City Council; Resolution 3545I i 1 2 3 4 5 6 7 8 9 1c 11 1; 1; 21 2 2 2 2 2 2 2 2 2 2 k 0 7 c 7 & - RESOLUTION NO. 3545 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING FIRST AMEND-WNT TO AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SAN DIEGO COUNTY FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF LA COSTA AVENUE AND EL CAMINO REAL AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California, loes hereby resolve as follows: I. That that certain First Amendment to Agreement between -he City of Carlsbad and San Diego County for the installation of 3 traffic signal at the intersection of La Costa Avenue and El :amino Real, a copy of which is attached hereto marked Exhibit A md incorporated herein by reference, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby iuthorized and directed to execute said agreement for and on lehalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the 3ity Council of the City of Carlsbad, California, held on the 6th day of November , 1974, by the following vote, to wit: AYES: Councilmen Frazee, Chase, McComas, Lewis and Skotnicki NOES: None ABSENT : N o ne .---\ , ROBERT C. FRAZEE, Mayor ATTEST : (SEAL) Parcel Split No. 148-A Hoffman, Jay . 1. Installation of a second fire hydrant, including extension of water line if necessary, along street frontage of the property as required by condition No. 3 of Parcel Split No. 148-A's tentative map approval. All construction shall conform to City standards at time the work is done. Exhibit "B" .. I _L . .. .. .. ' r-. 4 : .... '. L EXHlElT 6, That portion of Lots "E" and "/'*'of Rancho Agua-Hebionda in tite City of Carlsbad, County of San Diego, State of California, according to t3ap thcreof No. 823, filed in tht? office of the County Recorder of San Diego County, November 16, IE96, described r as follows: -- Beginning at corner No, 8 of Lot '*I1' in.the boundary between'said Lots "E" and "I" said corner No. 8 being also in tk Westerly boundary of a portion of that parceTx of land described in deed to Horace H. Kelly, recorded 34 of Official Records; thence along said Westerly boundary South 17"46'15" West 958.55 feet to the Southwesterly corner . of a portion of said Kelly land; thence along the Southerly boundary of-said Kelly Land South-.77"04'45" East 360.37 feet to an angle point therein and North 64°17*15'* East 445 feet, thence leaving said f(el1y boundary North f0°~2145" Nest 354.70 feet-; thence North 5"17'15" East to the 700 foot radius curve concave Northeasterly in the center line of the County Road known as Road Survey NO. 682; thence North- westerly along said curved center line of said County Road to said Westerly boundary of a portion of said Kelly 'land, above mentioned; thence along said Westerly boundary South 17"46*15" West 31.08 feet to the point of beginning. 0 January 22, 1951 as Eocumcnt No. 9613 in 60ok 3942, page -* . -. -- EXCEPTING fron said property that portion thereof tying * within said Lot "E" at said Rancho Agua Hedionda. . Together wi%h that portion of Cot ltl" of the Rancho Agua Hedionda, in the County of San Diego, State of California, according to Partition Map thereof, No. 832; filed in the office of the County Recorder of San Diego County, November 16, 1896, lying within the following described parcel of land: Beginning at Corner No. 2 of said Lot."1"- , thence along the Northerly prolongation of' that portion of the Easterly 1 ine of said Lot frItJ between Corners No. 'I and 2 of said Lot, Florthi2"29'40'' West (record North 3" West) 21.84 feet to .an Jntcrseciian :.;ith the center 1iri.2 of County 2036 Survey Po. 682 as the same is described in easement deed to the County of: Ssn Diego, dated !,lay 27, 1936 and recorded in Book 521, ,page 230 of Official Records of said San 0 Diego County, said -- I .. . .. . .. t I_- .*., LJii-.-- 7<7T3331 A point of interszction being also Che Southeasterly corner of that parcel of land described in quitclaim d.ed to Horace Eook 39k2, page 34 of Official ?\ecords; thence along the Southerly line of said Kelly land as follo~s: along said center line of road, North 67"lOI Nest 897.21 feet,North 64O35I West 701.35 feet 50 the beginning of a tangent curve concave I\lortherly having a radius of I000 feet, and North- westerly along the arc of said curve 29.00'feet; thence le-aving .said center line, North 74"11' k'est'a chord distance of 262.47 feet to a point on the arc of said curve, said point bein_g'the TRUE PO i NT OF 6EG I Nb!i NG ; thence South Z036' 15" East 353 -64 feet; thence North 88O59'15" West 663.30 feet to a point on the center line 04 an easement descr-ibed in deed to the . Carlsbsd f4utual \.later Company, dated September 26, 1941 and recorded in Book 1271, page.70 of Official Records of said San Diego County; thence South 64"17'15" West (record South 64°54140*1 West) along said center line 911.65 feet to a point in said center line of Easement and in said Horace H. Kelly bour.dary which is distant alons said lines North 64"17'15" East 445 feet from the most Southerly angle point in said . Southerly boundary of said Horace H. Kelly land; thence leaving . said Kel ly boundary korth 10°k21k5't West 354.70 feet; thence North 5°17*15t1 East to a point in the center lihe of'said Road Survey No. 682, said point being on the arc of a curve concave Northeasterly having a radius of 700 feet, which curve begins at Engineer's Station 59 plus 25.32 on the center line of Road Survey No. 682; thence Easter!y along said center line to the TRUE POINT OF BEGfNNING', As shoivn for convenience sake on Attachment A, attached hereto - - *- . H. Ke'fly, recorded January 22, 1955 as Document"No, 9613, in .. \ - \ -. . and made a part hereof. . .. .. . .. .. .. .. . . /.. . . .- . -.: . .*.. .. . . .. . .- .. , I- . .. .. X KFXORDING REQVESTED BY WD WHEN RECORCSD MAIL TO: X X CITY OF CARLS3-;3 x 1200 Elm Avenue X Carlsbad, California 92008 X Documentary MAIL TAX BILL TO: X Property Conveyed, Jay F. Hoffman X Less Liens and Encumbrances 4901 El Camino Real X Remaining at Time of Sale. Carlsbad, California 92008 X me-n)26 2 CITY OF CARLSBAD e X - Computed on Full Value of X - Or Computed on Full Value - X SZgnatGre' of\-DecTZirant or/Firm Name X Agent Determining Tax FUTURE IMPROVEMENT AGREEMENT OF OWNER: JAY F. HOFFMAN and MARYON D. HOFFMAN ADDRESS: 4901 El Camino Real, Carlsbad, California 92008 .. -. DATE : -4 @- PARTIES: The parties to this agreement are the City of Carlsbad, a municipal corporation of the State of California, herein- after referred to as CITY, and the persons mentioned above as "Owner", hereinafter referred to as OWNER, without regard to number or gender. COVENANTS : It is mutually agreed by the parties hereto as follows: 1. CITY hereby approves the Parcel Split No. 148-A, El Camino Real (Assessor's Parcel Nos. 207-101-7, 207-101-8 and 208-040-1) on that certain real property warranted by OWNER to be wholly owned by them, 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. 2. CITY does hereby temporarily waive the require- ment that OWNER install along the street frontage of said property those certain public improvements listed on Exhibit B attached hereto and by this reference incorporated herein. 3. Prior to the issuance of a building permit for the construction of any additional permanent structure (not including a proposed nursery) to the existing Country Store ," development, OWNER shall forthwith, at OWNER'S sole cost and expense, prepare plans and specifications approved by CITY for the installation of said public improvements in the street frontage of said property, and shall then forthwith construct said public improvements according to said plans and specifications to the approval of CITY. . 4. In the event title to said property or a part thereof is sold, the herein stated obligation shall auto- matically also become the obligation of the new owner. ..- 5. In the event OWNER fails to act as required in paragraph 3 above, CITY may perform OWNER'S said obligations, and OWNER shall upon written demand therefor reimburse to CITY its costs therefor. 6. This agreement shall be binding upon and inure to the benefit of the heirs, successors, assigns, and succes- sors in interest in said real property, shall run with said real property and shall create an equitable servitude upon said real property. IN WITNESS WHEREOF, the parties hereto have executed this Future Improvement Agreement the day and year first above written. CITY OF CARLSBAD, a Municipal Corporation of the State of California BY Robert C. Frazee, Mayor ATTEST : CITY Margaret E. Adams, City Clerk Jay F. Hoffman Maryon D. Hoffman OWNER (Attach notarial acknowledgment of Owner.) 2.