HomeMy WebLinkAbout1974-12-03; City Council; Resolution 35531 .--
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RESOLUTION N0.3553
A RESOLUTION OF THE CITY COUNCI OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING AN
AGREEMENT BETNEEN THE CITY OF CARLSBAD AND
ALBERT J. FREIBURGER FOR FUTURE STREET
IMPROVEMENTS ON MAGNOLIA AVENUE AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT.
The City Council of the City of Carlsbad, California, does
iereby resolve as follows:
1. That that certain agreement between the City of
:arlsbad and Albert J. and Jean R. Freiburger for Parcel Split
To. 253, Street Improvements on Magnolia Avenue, a copy of which
-s attached hereto marked Exhibit A and 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 behalf
>f the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
:ity Council of the City of Carlsbad, California, held on the
3rd day of December , 1974, by the following vote, to wi,:
AYES: Councilmen Frazee, Chase, Lewis, McComas and Skotnicki
NOES: None
ABSENT: None
iTTEST:
'SEAL j
P.S. 253
Freiburser
1. Grading and paving of adjacent public right of WJ~V
to its centerline except that portion improved to
City Standards -
2. Construction of P.C.C. curb, gutter and sidewalk
abutting all street frontages of proper-ty.
3. Planting of street trees or deposit of monies with
. the City to plant said trees.
4. Installation of street lights and payment of 18-month
energy charges as required by City Engineer.
All construction shall conform to City standards at t2me the
work is done.
Exhibit "B"
c.
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P.S. 253
Freiburger
Legal Description
That portion of Tract 240 of Thum Lands in the County of San
Diego, State of California, according to Map thereof No. 1681,
filed in the Office of the County Recorder of said San Diego
County December 9, 1915 described as follows:
Beginning at a point on the centerline of Magnolia Avenue, said
point being South 61O21' West a distance of 461.84 feet from the
point of intersection of the centerline of Highland Drive and
the centerline of Magnolia Avenue; thence North 28O39' West a
distance of 471.59 feet to a point; thence South 61O21' West a
distance of 184.74 feet to a point; thence South 28O39' East a
distance of 471.59 feet to a point on the centerline of Magnolia
Avenue; thence North 61O21' East a distance of 184.74 feet to the
POINT OF BEGINNING.
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EXH I6 IT "A"
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CITY OF CARLSSAD
1200 Elm Avenue
Carlsbad, California 92008 Documzntary Transfer Tax$ n i 1
IMAIL TAX RILL TO Conveyed,
Owner Named on Line 7 at
Addr~ss Na;fi~i: 3i-i Line 6
_I - Computed on Full Value of Propert
- Or Computed on Full Value Less hi
and Encudxances Remaining at Tim -
of Sale.
&5?+p yn-ft& 4,) ci7-Y OT CARLS8AD Rg~~~i~~~e8~~iWp~l"~~~t or Firn Narn
FUTURE IP*IPROV%MYYT AGREEMENT '
of
OPYNER : - Albert J. Freiburcer and Jean R. Freiburqer
ADDRESS : 1212 2ak :\veilue Carlsbad, CA 920Ob
PARTIES: The parties to this agreement are the City of Carlsbad,
a municipal corporation of the State of California,
referred to as CITY; and the person or persons mentioned on Line :
of Page 1 hereof, hereinafter referred to as OWNER, without regarc
to number or gender.
hereinafter
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COVENANTS: It is mutually agreed by the parties hereto as follows
1.
2.
3.
(Assessor's CITY hereby approves the Parcel Split EO- 253 Parcel No.
205-270-19) Magnolia Avenue west of I-fighland Drive
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 OTmER
install along the street frontage of said property those
certain public improvements listed on Exhibit B, attached
hereto and by this reference incorporated here in-
Upon written demand therefor by CITY, addressed to OWNER at
the address mentioned on Line 8 of Page 1 hereof, OWNER shall
forthwith, at OWNER'S sole cost and expense, prepare plans
and specifications, approved by CITY, for the construction
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0
of said public improvements in the street frontage of said
property, and shall theil forthwith construct said public
improvements 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 all said improvements on aii said property, or
as to any portion thereof, and the failure by CITY to demand
said work as to any of said improvements shall not constitute
a waiver by CITY of its continuing right to demand such work
in the future.
4, In the event title to said property or a part thereof is sold,
the herein stated obligation shall automatically also become
the obligation of the new owner.
5. 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.
6, 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 Municipal
Corporation of the State of California
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On this y-'" ~dy of becplnbt- , in Le year ,197d I
before me, Vir~~ni2, fi\, smd-h , a Notary Public in and for
the State, persoxally appeared .ph k,ce rt
to be Mayor of the City of Carlsbad, California, and known to me
to be the person who executed the within instrument on behalf of
. F-V?7ec , known to mE
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OWNER U U
OWNER
ss. STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
On>k3'-&fl&W2?~, /qy# , before me, the
Public iv and +,u'J+w
whose name/s is/are subscribed to the within instrument and
WITNESS my hand and official seal.
Evelvn Penacho
Name (Typed or Printed)
Approved as to form:
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