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CT 97-01; Rancho Carrillo Village H; Engineering Application
CITY OF P4RLSBAD - ENGINEERING T^PARTMENT w APPLICATION FOR ENGINEERING PLANCHECK OR PROCESSING Complete all appropriate Information. Write N/A whan not applicable. PROJECT NAME: Rancho Carrillo Village "H" C.T. 97-01 DATE: 7-28-97 PROJECT DESCRIPTION: Single Family Homes - Planned Development P.U.D. PROJECT ADDRESS: West side of Melrose Drive approximately 1,800 feet north of Poinsettia Lane LOTNO(S).: N/A MAP NO.: N/A APN(SK: 215-031-05. 06 & 221-012-12 OWNER: Continental Ranch, Inc. Mailing Address: 12636 High Bluff Drive, 200 San Diego, CA 92130 PhoneNumber: ( 619 } 793-2580 1 certify that 1 am the legal owner and that all the above Information is true and correct to the best of my knowledge. , Sianaturex fite**^^ - fo&tts Date 7/V4/97 * CIVIL ENGINEER: Roger Ball Firm: Rick Engineering Company Mailing Address: 5620 Friars Road San Diego, CA 92110 PhoneNumber: ( 619 ) 291-0707 State Registration Number: 27678 LANDSCAPE ARCHITECT: Dennis J. Otsuii Rrm: ONA Mailing Address: 9255 Towne Centre Drive, 340 San Diego, CA 92121 PhoneNumber: f 619 ) 550-1575 State Registration Number. RLA 1557 APPLICANT: Continental Ranch, Inc. Mailina Address: 12636 High Bluff Drive, 200 San Diego, CA 92130 PhoneNumber: ( 619 } 793-2580 1 certify that 1 am the agent of the legal owner and that all information on this sheet is true and correct to the best of my knowledge. Sianature X. ^nU^'/h- ffi&W Date 7-2^-"? 7 SOILS ENGINEER: David Leake Firm: Geocon, Inc. Mailing Address: 6960 Flanders Drive San Diego, CA 92126 PhoneNumber: f 619 ) 558-6100 State Registration Number. 22527 ADDITIONAL COMMENTS: NO. OF DWELLING UNITS: 73 LFMP ZONE: 18 NO. OF LOTS: 77 NO. OF ACRES: 52 IMPROVEMENT VALUATION: sewer, water & reclaimed water: $496,970 Water District (circle one): Carlsbad Municipal Water District Olivennain Vallecitos streets and drainaae: $1,386, 080 landscape: GRADING QUANTITIES: 113,000 CY cut 113,000 cv fill 113,000 cv remedial 0 cy import/export 0 cy PLEASE CHECK OFF APPLICATION TYPES ON REVERSE SIDE P:\DOCS\MISFORMS\FRMOOM3 REVM/28/M APPUCATION FOR (CHECK ALL THAT APPLY): D Adjustment Plat D Certificate of Compliance CI Dedication of Easement Tvoe: Type: CU Encroachment Permit D Engineering Standards Variance £3 Final Map xSbrading Plancheck Q Grading El Improvement Plancheck O Landscape Plancheck CJ Parcel Map Q Quitclaim of Easement Tvoe: Tvpe: C3 Reversion to Acreage O Street Vacation D Tentative Parcel Map D Certificate of Correction O Covenant for Easement D Substantial Conformance Exhibit APPLICATION ACCEPTED BY t>. & FOR CITY USE ONLY \ Ptencheck Number - - Type JVJP COG DOE EHCPOfCH ESV •fM . <3&G GfWWJQ • ', IPC t«J I'M CXITC RTA «JV MS POOR cove see '<£>*• MASTER PROJECT JO '^T 1~t~O\ RECEIPT NUMBER PRELIMINARY SIERRA SYSTEM INPUT SIERRA SYSTEM INPUT INITIAL INITIAL R-BASE INPUT INITIAL MASTER FILE NUMBER: F Dbthen Drawing Number 97-01 3S?-?A 35t~? - - Project ID.Deposit/Fees Paid _, 3019 3,060 | SV/6BT .. .. RECEIVED Mst§ «sr eNG^EERlMS , DEPARTMiMT DATE STAMP APPUCATION RECBVED P:\DOCS\MBFORMS\FRM00063 /Lx PROJECT PLAN REVIEW COMPLETION The following project plans have been reviewed and are recommended for approval: Project Name:. Project No: Drawing No: Sheets No. I through DECLARATION OF RESPONSIBLE CHARGE 1 hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial compliance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities for the project design. (seal) Firm:Ellorin Consulting Engineers Address: 1045 Linda Vista Drive, Suite 106 San Marcos, C.A 92069 Telephone: r76.cn 744-4987 Date:?& Expiration: Rev. 2/8/96 F:\USERS\RALLE\WPDATA\PL4NREV.EL PROJECT PLAN REVIEW COMPLETION The following project plans have been reviewed and are recommended for approval: Project Name: fMr# £A1&^{l-L0 V/IL. {+ Project No:. ~ Drawing No: Sheets No. 1 through (, DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial compliance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities for the project design. (seal) Firm:Ellorin Consulting Engineers Address: 1045 T.inda Vista Drive, Suite 106 San Marcos, CA 92069 _ Telephone: r76cn 744-4Q87 Rev. 2/8/96 F:\USERS\RALLE\WPDATA\PU\NREV.EL PROJECT PLAN REVIEW COMPLETION The following project plans have been reviewed and are recommended for approval: Project Name: 'hW^ifo 6A1MMU-6 VI L- Project No:. Drawing No:. Sheets No. I through DECLARATION OF RESPONSIBLE CHARGE fit I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial compliance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities for the project design. (seal) Firm:Ellorin Consulting Engineers Address: 1045 Linda Vista Drive, Suite 106 San Marcos, CA 92069 Telephone: (760) 744-4987 P.E.i BEST ORIGINAL Rev, 2/8/96 F:\USERS\RALUE\WPDATA\PLANREV.EL a City of Carlsbad Public Works — Engineering June 7,1999 David Lother Vice President, Development CONTINENTAL RANCH .Inc., Suite 100 2237 Faraday Avenue Carlsbad, CA 92008 CT 97-01: RANCHO CARRILLO VILLAGE 'H' AGREEMENT TO NEGOTIATE ACCESS EASEMENTS Dear Dave, The Public Works Director is in receipt of your March 26,1999, letter regarding the above- referenced agreement and has asked me to respond. Staff still has concern regarding providing access to an area that still has development potential. Even though Lennar Communities has indicated that they intend to designate Bressi Ranch Master Plan, Planning Area 15 (i.e., "the Bressi Knoll") as Open Space (OS), (letter to Michael Holzmiller, dated March 19,1999) this has yet to be done. Staff is not, however, adverse to rescinding the "Agreement to Negotiate Access Easements" (agreement) if and when the Bressi Knoll is considered undevelopable. At this stage in Lennar's development plan for Bressi Ranch, though, the letter to the Planning Director mentioned above, does not provide the City with enough of a guarantee that the Bressi Knoll will actually be designated as OS. At a minimum, for the City to consider rescission of the agreement, one of the following must be completed: 1. The owner (be it Lennar or some other party) of the Bressi Knoll must dedicate this land now as OS to the City, thereby locking in the OS designation; or, 2. the Bressi Ranch Master Plan must be approved by City Council indicating that Planning Area 15, the Bressi Knoll, is designated as OS. Either of the above will guarantee an OS designation for the Bressi Knoll; and at that time, the City will consider rescission of the agreement. I apologize for the amount of time it took for me to respond. If you have any questions, please call me at 760/438-1161, extension 4388, by June 11, 1999. If after that date, please refer any questions to Bob Wojcik at extension 4333. Sincerely, MICHAEL J. Associate Engineer - land Development c: Public Works Director Senior Office Specialist - B. Guzman Principal Civil Engineer - Land Development Associate Engineer- K. Quon 2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (760) 438-1161 • FAX (76O) 431-5769 FORM 1359 (4/75) CLTA SUBDIVISION GUARANTEE FORM NO. 1 SUBDIVISION GUARANTEE SUBDIVISION: CARLSBAD TRACT NO. 97-01 ORDER NO.: 1156744-6 RANCHO CARRILLO VILLAGE "H' FEE: $100.00 FIRST AMERICAN TITLE INSURANCE COMPANY a corporation, GUARANTEES THE COUNTY OF SAN DIEGO AND ANY CITY WITHIN WHICH SAID SUBDIVISION IS LOCATED IN A SUM NOT EXCEEDING $1,000.00. THAT, ACCORDING TO THOSE PUBLIC RECORDS WHICH, UNDER THE RECORDING LAWS, IMPART CONSTRUCTIVE NOTICE OF MATTERS AFFECTING THE TITLE TO THE LAND INCLUDED WITHIN THE EXTERIOR BOUNDARY SHOWN ON THE MAP OF THE ABOVE REFERENCED SUBDIVISION, THE ONLY PARTIES HAVING ANY RECORD TITLE INTEREST IN SAID LAND WHOSE SIGNATURES ARE NECESSARY, UNDER THE REQUIREMENTS OF THE SUBDIVISION MAP ACT, ON THE CERTIFICATES CONSENTING TO THE RECORDATION OF SAID MAP AND OFFERING FOR DEDICATION ANY STREETS, ROADS, AVENUES AND OTHER EASEMENTS OFFERED FOR DEDICATION BY SAID MAP ARE: CONTINENTAL RANCH, INC., A DELAWARE CORPORATION, AS RECORD OWNER FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION, AS TRUSTEE UNDER DEEDS OF TRUST RECORDED NOVEMBER 27, 1996 AS FILE NO. 1996-0602258 BOTH OF OFFICIAL RECORDS. THE SIGNATURE OF THE FOLLOWING HAS BEEN OMITTED UNDER THE PROVISION OF SECTION 66436, SUBSECTION (a) (3) (A) (i) OF THE SUBDIVISION MAP ACT. THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, AS SUCCESSOR IN INTEREST TO THE COUNTY OF SAN DIEGO, AS HOLDER OF AN EASEMENT RECORDED OCTOBER 2, 1940 IN BOOK 1068 PAGE 496 OF OFFICIAL RECORDS. THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, AS HOLDER OF EASEMENTS RECORDED MARCH 10, 1986 AS FILE NO. 86-092507 AND AUGUST 25, 1997 AS FILE NO 1997-0410752, BOTH OF OFFICIAL RECORDS. THE MAP HEREINBEFORE REFERRED TO IS A SUBDIVISION OF: BEING A SUBDIVISION OF A PORTION OF SECTIONS 13 AND 24, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AND ALL THAT PORTION OF SECTIONS 18 AND 19 OF TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. DATED: APRIL 20, 1998 FIRST AMERICAN TITLE INSURANCE DIANNE LIVINGSTON - TITLE 0FFICER DIRECT DIAL PHONE 231-4654 FAX NO. 231-4647 FORM 1359 (4/75) CLTA SUBDIVISION GUARANTEE FORM NO. 1 SUBDIVISION GUARANTEE SUBDIVISION: CARLSBAD TRACT NO. 97-01 ORDER NO.: 1156744-6 RANCHO CARRILLO VILLAGE "H' FEE: $100.00 FIRST AMERICAN TITLE INSURANCE COMPANY a corporation, GUARANTEES THE COUNTY OF SAN DIEGO AND ANY CITY WITHIN WHICH SAID SUBDIVISION IS LOCATED IN A SUM NOT EXCEEDING $1,000.00. THAT, ACCORDING TO THOSE PUBLIC RECORDS WHICH, UNDER THE RECORDING LAWS, IMPART CONSTRUCTIVE NOTICE OF MATTERS AFFECTING THE TITLE TO THE LAND INCLUDED WITHIN THE EXTERIOR BOUNDARY SHOWN ON THE MAP OF THE ABOVE REFERENCED SUBDIVISION, THE ONLY PARTIES HAVING ANY RECORD TITLE INTEREST IN SAID LAND WHOSE SIGNATURES ARE NECESSARY, UNDER THE REQUIREMENTS OF THE SUBDIVISION MAP ACT, ON THE CERTIFICATES CONSENTING TO THE RECORDATION OF SAID MAP AND OFFERING FOR DEDICATION ANY STREETS, ROADS, AVENUES AND OTHER EASEMENTS OFFERED FOR DEDICATION BY SAID MAP ARE: CONTINENTAL RANCH, INC., A DELAWARE CORPORATION, AS RECORD OWNER DMB/AEW LANDHOLDINGS ONE, LLC, AN ARIZONA LIMITED LIABILITY COMPANY, AS OPTIONEE UNDER OPTION AGREEMENT AS DISCLOSED BY INSTRUMENT RECORDED SEPTEMBER 30, 1996 AS FILE NO. 1996-0492686 OF OFFICIAL RECORDS. FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION, AS TRUSTEE UNDER DEEDS OF TRUST RECORDED SEPTEMBER 30, 1996 AS FILE NO. 1996-0492687 AND NOVEMBER 27, 1996 AS FILE NO. 1996-0602258 BOTH OF OFFICIAL RECORDS. THE SIGNATURE OF THE FOLLOWING HAS BEEN OMITTED UNDER THE PROVISION OF SECTION 66436, SUBSECTION (a) (3) (A) (i) OF THE SUBDIVISION MAP ACT. THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, AS SUCCESSOR IN INTEREST TO THE COUNTY OF SAN DIEGO, AS HOLDER OF AN EASEMENT RECORDED OCTOBER 2, 1940 IN BOOK 1068 PAGE 496 OF OFFICIAL RECORDS. RECEIVED SEP 1 7 W ENGINEERING DEPARTMENT THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, AS HOLDER OF EASEMENTS RECORDED MARCH 10, 1986 AS FILE NO. 86-092507 AND DECEMBER 10, 1992 AS FILE NO. 92-0791106 BOTH OF OFFICIAL RECORDS. THE MAP HEREINBEFORE REFERRED TO IS A SUBDIVISION OF: BEING A SUBDIVISION OF A PORTION OF SECTIONS 13 AND 24, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AND ALL THAT PORTION OF SECTIONS 18 AND 19 OF TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. DATED: JULY 29, 1997 FIRST AMERICAN TITLE INSURANCE DIANNE LIVINGSTON - TITLE 0FFICER DIRECT DIAL PHONE 231-4654 FAX NO. 231-4647 C A L I March 26, 1999 2 9 1999 ENGINEERING DEPARTMENT Lloyd Hubbs Public Works Director and City Engineer City of Carlsbad 2075 Las Palmas Dr., Carlsbad, CA 92009-1576 RE: Agreement to Negotiate Access Easements - Rancho Carrillo Dear Lloyd, On June 2, 1998, the City and Continental Ranch, Inc. entered into the above subject agreement. The agreement resolved Condition 61 of CT 97-01 and provided a means of access to Bressi's "knoll" area adjacent to Village H of Rancho Carrillo. Attached is a copy of the recorded agreement for your use. On March 19, 1999 we received a copy of a letter from Lennar Communities to Michael Holzmiller regarding the open space area on the Bressi Ranch in the area of the "knoll". The letter indicates that Lennar will not be seeking approval for any units on the "knoll". Attached is a copy for your use. Due to these new facts we request, per Section II.B of the agreement, that the agreement be rescinded and we be allowed to build on Lot 7. Thank you and please call should you have any questions. i Very truly yours, Continental Ranch, Inc. David Lother Vice President, Development Enclosures cc: Mark Rohrlick - Lennar Homes Mike Howes - Hofman Planning Charles Raddatz - Toll Brothers John Hecht - Hecht, Solberg, Robinson & Goldberg 12230 El Camino Real, Suite 300 San Diego, CA 92130 T: (619) 793-2580 F: (619) 793-2575 A Continental Homes Community www.truecalifornia.com 03/25/1999 10:03 6192314647 FIRST AMERICAN SUBD PAGE. 02 • RECORDING REQUESTED 8Y AND WHEN RECORDED NAIL tOi • City ClericCity of carlebad 1200 Carlsbad Villaga or, Carlebad, CA 92008 1513 LIUL, U JUN 10. 1998 4 = 27 OFFICMLKBHlg:- •••'••• SDH DIH» COUffV .REQHR'5 BFflff: JL'SUffli1 mm TOR .-FEES: Space abovi use only TO ABEtlEHT3 This AGREEMENT TO NEGOTIATE ACCESS EASEMENTS (-Agreement") is entered infcg effective JVMf. 1. . 1990, by and hetwaon CONTINENTAL RANCH, INC., a California cprpozration doing bueinees as Conelnental Horoea CCRi'l and che cm OF- CARLSBAD, a California municipal corporation (Che 'City*), «ith reference to che following: A. CKi owne and is developing a residential project in th« city callea "Rancho Carrillo." B. The City approved a tentative aubdiviaipn'tnap, identified ae *CT 97-gi/ for Village. "H* of. Rancho Carrillo. . A legaldescription . pf the subject: real property (Village K," or the'Property*! is attached hereto as Exhibit 'A.' • •. C. Condition - €1 or CT 97-01 cequiree ch« developer, ao a condition Of approval o£ « £in*l m»p fur CT 97-01, CO ent«r into * recorded agreement with the City pursuant to which the developer w.uld nagotiace in good faith, subject to certain tenas, uith a neighboring property owner regarding acceoe. ' . : : D. 97-01. Thia Rareeracnt is intended to /mtiafy Condition Cl of THE PARTIES AGREE i I. ftHKBUMCMl' TO PM The above recitals (the 'Recitals') are true and correct. The Recitals -and all exhibits attached hereto are incorporated into this Agreement. ... D. Additional DgCfoltion. As jaed in this Agreement, "Developer" ohall mean th« entity owning che Property. . C. flublant of Nncyptiatiog. Developer shall negotiate in good faith with the owner of adjoining property commonly called Bresei Ranch, offering to enter into an accega and cost sharing -1- 03/25/13.93 10:03 6192314647 . . FIRST AMERICAN SUED •• • . PAGE. -03 Ol66l-OOOr9000-cJX3• '• '' agreement With the owner of Ureas! Ranch whereby (a) th«':ownaXB of not more than cen. do) .homes developed on that particular portion, of Bresai Ranch (Che 'Knoll') depicted on KxMbit *B" attached hereto would have the recorded right to Ingress and egress along H- A, H-'B, and H-E Streets and acroaa proposed Lou No. 7 of the Property; {b) the width of the eaaeroent across Lot Ho. 7. of the Property would be a rainimutri of forty-six feet; <c) the parties would grant reciprocal access easements along proposed H-A, K-B, • and H-E Streets and across proposed Lot No. 7 of the Property • to be recorded concurtently with the approval of a final map on the "Knoll"; 'Id) maintenance for all these streets within the Property would-be the responsibility -of the Rancho c^rrillo MMtcr ASBociationj £e) the owners of homes in Breed i Ranch who take access over theoe'^treets >x>uld be obligated to share in the' pro rata cosce of maincentmce of the streets pursuant to civil Cede Sec.tion 845; and .[£)• th$ Maater Declaration of Restrictions for Rancho carrlllo would include the following disclosure : 'It is intended that .1 portion (reJEerred to as 'The Knoll' J of the adjoining prcporty (currently known' as fireeai Ranch) will be provided ingxeafi aad. egress through Village : H of Rancho Carrillo.* . . ' . . D. . ZflBB. This Agreement shall be valid for a period b£ five (5J yearn* or until the easements desciribisd in paragraph I.e.,above, are granted, 'whichever comes fiirat. If no acceoa and coat eharing agreement hae been entered into .wi thin five (5) ye,ire despite Developer's good faith negotiation, Lot No. 7 of Village H • may be developed. __ •' • •:.•" -'.>:- ..-;'• ' " B. pg^iBupi^nniilon of flood- fttifclH llogntitt^ion. • TJtle City's"' Director of Public Workg. (or the official with the most einnilar dxities, should the city terminate the UPC of that title) ehair determine in. his reasonable diocrecion, upon. Developer's application, whether the gbligationo of tlus Agreement have ba«n satisfied, including whether Developer has negotiated in good faith with tha. owner of BreBsi Ranch. If the: City's Public .works Director HO determines at any Circe, the City's public Works Director shall record a release of this Agreenent allowing Lot Ho. 1 of Village H cb be developed. The requirement of "good faith negotiations" doea not • contemplate Dtveloper giving' 'property without juet compensation. .. . . '. .' • ~ •¥• ' Hfttiq^ppfcftosfi p^ ' fip^i^itii.Qii fix. The signing and recordasion of this Agreement satisfies condition 61 of CT 97-01. A. InbogXat^QB- The undersigned,, and;- each of them, acknowledge and represent that no pramiae or inducement not expresned herein has been made .in connection with, this Agreement. Thifl Agreement containe the entire agreement and understanding between the parties as to the subject iwtter of .this Agreement. .5192314647 FIRST AMERICAN SUED PAGE... 04.' B. •• nafvai? itn-j No proviaion of this Agreement,' or breach of any provision, can be waived except 'in writing. Waiver of any provision or breach shall not be deemed to be. a waiver o£ any other provision, or of any subsequent breach of the same or other provision. Thia Agreement may be amended, modified orrescinded only in writing signed by all parbies to this Agreement. C.and -This Agreement shall be recorded in. the official Racorde of the County of San Diego. Thi-e Agreement shall be binding upon and inure to the benefit of • the partiee and their respective aucceesore in interest with respect > to Che \Propercy-. This Agreement is not intended .to benefit any third.person, other than the parties hereto and their ' raapeytiva successors in interest. , .;'.'• . .-, 2N WITNESS WHEREOF; the unde reigned have executed^ this Agreement.-. on the date first above .written. • CONTINENTAL RANCH, INC.CITlf ATTEST: ALETHA RAUTENKRANZ, CITY CLERK »y APPROVED AS .TO CITST ATTORNEY 03/25/.1999. 10:.03 • &192314647 FIRST AMERICAN; SUBU ,.*> HA6E . .03 isle State of California County of San Diego On Aflril 16. 1998 before me, Nancy A. Nemec. Notary Public; personally appeared' • personally known ;to me to he person whose nwne is subscribed to die within instrument and flcknowledged to r« that he executed Uiiesanie in hii i /!, awthorizcd rapacity, and that by bis signature on the instrument the persqia or the eftti^ : uj»n behfilfofwhich the person acted, executed the instrument \VITNESS my hnnd ane official seat,- : - 03/25/1995 r-4 ft: 03- •;, 6192314647 .;FIRST AMERICAN SUED'..'.. . .'<.,„•»•' ;:.• y::.:.":;-:RAGE.,;06'•.;:;--:•., OL66lOQO-966Q-dX3:JdpJO LOTS 1 THROUGH tt OF CMILSBAD THftCT JJQ. 97-01. HANCBO CWtRILW), -• V7LDA0E *«", IN THE CITY OP OtflLSBM), OODHIY DF.SAN DZEGO, StKTB OF •. .cw.jrownA,'AccDRDjKo TO MAP -THBHBOP MO. l32fei_, ?'n*sij IB-JSB ' V'•^" OPWR' t1W*V*.nwvainm H** "•" ••«»"«— 03/25/1999 10:03 " &192314G47 FIRST AMERICAN SUgD PAGE- 07. THE BOUNDARY Being a pioition of Parcel One of Parcel Map No. 1763 in the Cfty eff Carlsbad, County • of San Qlego, State of Cafifomia aetwdlng to the mep (hereof on file to the OffipeoftUp County Recover of eaid County, being more particularly described as follows: - Beginning at the mo&t Southaantariy comer of said Parcel Ona; thence along the Easterly (ins of said Parcel One North 02'38W (North 02'38'58" West record) Wtet 2052.51 feet to the TRUE POINT OF BEGINNING; t^enco leaving sa/d6acterty lino .South 87B22'0(T West 250,00 teet; thence North 02»38W Weal 200,00 feat; thence' Nortti 60-48'Off' East 16771 fest; thenca North 02"38'00" West 240.0D feet thenco South 87'22'00'WB8t 450.00 feet; thence North 02'38'flO" West 330.00 feat; thence North 42"22'00" East 353.55 feet; thence North &T22QV East 300.00 feet to the Easterly fine ofsald Parcel One; thenceatang said Eaaltiriy line South 02'38'0(T(Sotrth 02'38'5B" £951 record) East 1095.00 fe«t to the TRUE POINT OF BEGINNING- 3 10:03 ••;••. 6192314647 FIRST AMERICAN SUbD PAGE . -08 . 0(66LQOO~9QQO-<JX3--'-L'J J / / EXHIBIT "B" Page 2 of 2 (THE KNOLL) r-200' :: 12987^.; 03/25/1999.10:03 '6192314647 ... FIRST AMERICAN SUED . • . 'PAGE ...09. 1520 CEHTWIOttB Of CORPORWk BE80LBIION OP ' COHTIHiaiTJtt MBICH, IKC. ••'.'.<.' ' ^ t, Susan M. Gnupel , Jlsdistank Secretary at CONTIHENTAL RANCH, INC. , a Delaware corporation ("Corporation") . do hereby certifyt*at'.I. on a duly elected, qualified: and acting of Clear' 6S thoCorporation ana, oo uucsh, 3: ata caailiar with the ttooJtaj oihutsB and racordB of-tha Corpptatlon; that no provision of tha Articlas of ' Incorporation or Bylaws of the Corporation tequirss that an^y notion' or Bl^natura ot the corporation be attested by a corporate officer; that there ie.no provision in the Articles of Incorporation or'Bylwa of the. corporation limiting tho powar of -the Dpiird ofDirectoro to adopt the hafttinaftor stated roeolutions; that the following is a true and accurate copy of reEolvtiomt duly adopted *>/ the Board of Directors of the Corporation, on October 20,. :i««r«ith«r at a duly hold nadting of. the Board of Directors or by unaniBttufi written consent of all members of tho Board of Directors of the a>rporation; and that said resolutions ha va riot l»en.Bodified, rescindea or revoked and *re «nv in full totoe andeffftct: • . .. -..-•' .... • ".'•• . •- '. RESOLVED', that one signature froa the President or 'any. of the ; vice Proaidenta of the Corporation listed bolou is required for ony and ail documents related to planning, engineering, .mapping, developjnant or construction nocociatcd with property, owned . by continental Itench, Inc. • including but not United to JWDB,'ea««witB, Bgraeaants, permits, dedications, otc. ; -and •'.:'-. RESOLVED, the following paiTBorw or* the duly elected Prcaidont 'and Vice Profiidents of Uia Corporation: • ' .!. . . ' ' Chris Chanbara W. Thonae HicJtcox vice President ;•.•-•. ; Donald w. HacKay • vice Preoident ...;. •.. ,:-'•.:• -'••••'•'•' " ' ' David 'hotter -•••';•'"• Vice president / ".'•" -1, '•'•'. ',•• •• '. "-• •: .._.,-•• Gteg Hastings •••.'"'"" ' Vice PrcslxJBnt: ;>;.^;;;;; ^y;^:-,' RESOLVED FURTHER, 'that one signature from the President or. any " ol the fttwve-deoignated Vice Pra«id*nte is eufficidnt by itself .to- bind tho Corporation in furtherance of thoso WITNESS my hund on this 20th day of October, i997. CONTIHENTAL RAHUH,' 2HC. ,' » Dalaware corporation. rfM. GuttpelAssistant Secretary 1O-OB 11:O1A Lennar- ComnurHt. 1as 76O-931-4.8OG P.. 02 March 19. 1999 Michael Holzmilter . City of Carlsbad Community Development '..'-.. 2075 Las Palmas Drive . • Carlsbad. CA 92009 ; RE: Changing Planning Area 15 of Bressi Ranch Master Plan from RLM to OS .. • : Dear Michael: .. '.-'••• ••. "• • , :....' This letter confirms the commitment Lennar Homes has made to the City of Carlsbad at our meeting on February 4, 1999, regarding Planning Area 15 of the proposed Bressi Ranch Master Plan. At that time, you informed us that the potential development of Planning Area 15 was one of the few remaining areas of disagreement between the City of Carlsbad and the Wildlife Agencies that could hold up the approval of Carlsbad's Habitat Management Plan. We will commit to change Planning Area 15 from RLM, Residential-Medium Low to Q-S, Open Space. This area will remain undeveloped and be designated as Open Space In our Master Plan. We will be revising all of the exhibits and acreage figures within our proposed Master Plan to reflect this revision. By making this commitment. It Is our understanding the new hardline boundaries of HMP Open Space as submitted have been accepted by both the City and the Wildlife Agencies and no further modifications will occur. If this understanding is incorrect, please call me at your earliest convenience to discuss, at (760) 818-8858. iressi Ranch Venture, LLC • ManRorvtick Lennar Communities Director, Community Development MR/tW Cc: Doh.Ridebut, City of Carlsbad Elaine Blackburn. City of Carlsbad Dennis Turner, City of Carlsbad Bob Santos, Lennar Communities Mike Howes, Hofman Planning David Lotner, Continental Homes 2141 Paiornof Airport Rood. Suit* 300. CdfUDad. CA 92009-1426- |76Q) 918-8858. FaS (760] 91.8-8868 CITY OF CARLSBAD D RICHARD RUDOLF 1200 CARLSBAD VILLAGE DRIVE ASSISTANT CITY ATTORNEY CARLSBAD, CALIFORNIA 92008-1 989 (760) 434-2891 JANE MOBALDI FAX: (760) 434-8367 DEPUTY CITY ATTORNEY RECEIVED July 20, 1998 JUL 21 1998 Chris Chambers Continental Homes DEPARTMENT Suite 300 12636 High Bluff Drive San Diego, CA 92130 RE: RANCHO CARRILLO LIFT STATION AND RELATED BUILDING PERMITS Dear Mr. Chambers: As you know, the City Manager, the Public Works Director and I visited your sewer lift station on July 10, 1998 in order to see its progress and to get a better understanding of the role played by the lift station in providing sewer service for the future residents of your master planned community. At that time, almost all of the materials to complete the lift station were located on site and substantial progress was being made toward completion of construction. I understand from the City's inspector and your own contractor that completion of construction is anticipated August 1, 1998. This would then begin a 30-day testing period leading to a determination by the District Engineer that sewer facilities are available at the time of application for building permits in accordance with condition No. 6 of Planning Commission Resolution No. 3675 recommending approval of your master plan. Following that site inspection, I have discussed the matter with the District Engineer who is prepared at this point to issue the six building permits you have requested for the construction of model homes. Provided the sewer lift station is substantially completed to the satisfaction of the District Engineer, he is prepared to issue up to 100 building permits for houses in your first village within the master plan. As we discussed, no actual sales of any of these houses would take place until the District Engineer accepts the sewer lift pump station. Any reservation for sale of houses must have an adequate disclosure in the reservation that an actual sales contract cannot be executed until the Poinsettia Lift Station is completed and operational. The disclosure should be substantially in the form attached to this letter. As we further discussed, you agreed not to file any lawsuit or make any claim or demand for money or damages arising out of the condition to provide sewer facilities. Please confirm that my understanding is correct. I appreciate your prompt attention to this matter. Very truly yours, RONALD R. BALL City Attorney rmh attachment c: City Manager Public Works Director District Manager District Engineer Assistant City Attorney (with attachment) Jerold H. Goldberg, Esq. (with attachment) DISCLOSURE STATEMENT (To be incorporated prominently in any Reservation Agreement) The home you are considering purchasing within the community of Rancho Carrillo and all other homes within Rancho Carrillo generate sewage flows which travel in underground pipes to the west of the community and the flows eventually reach a sewage treatment plant near the coast. To reach the sewage treatment plant there is a sewage pump station (or sewage lift station) which must be constructed by the developer of Rancho Carrillo. The sewage pump station is located approximately one mile to the west of the community of Rancho Carrillo. This sewage pump station is called the "Poinsettia Sewage Lift Station" and it is presently under construction by the developer of Rancho Carrillo. The developer expects that the Poinsettia Sewage Lift Station will be completed and under operation by September 30, 1998 The purpose of this notice is to make you aware that the Purchase Contract for the home within Rancho Carrillo you are considering buying cannot be executed until the developer has completed the construction of the Poinsettia Sewage Lift Station and it has been determined to be operational by the District Engineer of the Carlsbad Municipal Water District. Please be advised that Continental Homes is the developer of Rancho Carrillo, and is completely responsible for the timely completion of the Poinsettia Lift Station. The City of Carlsbad is not responsible for its construction, development, nor operation of the sewer facilities including the Poinsettia Lift Station until they are accepted by it. By your signature to this reservation agreement, you hereby accept the potential that the estimated execution of the Purchase Contract and, as a result, your occupancy of the home will not be allowed and certificates of occupancy will not be issued until the sewer facilities are constructed, approved, and accepted by the District Engineer of the Carlsbad Municipal Water District. ACKNOWLEDGED AND ACCEPTED: NAME DATE A TO: FROM: DATE: SUBJECT: w 5620 Friars Road San Diego California 92110-2596 (619) 291-0707 FAX: (619) 291-4165 Stephen J. McPartland Michael L. Kenney July 9, 1997 RICK ENGINEERING COMPANY Transportation Division RECEIVED JUl H 1997JUL • t iw CITY OF CARLSBAD PLANNING DEPT TRAFFIC SIGNAL WARRANT FOR THE INTERSECTION OF MELROSE AVENUE AND RANCHO CARRILLO VILLAGE "H" ENTRANCE (J-12967) Thank you for the opportunity to clarify the need for a traffic signal at the above referenced intersection. Project Description: The intersection of Village "H" entrance and Melrose Avenue is part of the Rancho Carrillo project. A traffic signal warrant for the intersection in question was prepared as part of the traffic study for the Rancho Carrillo Master Plan in 1992. However, the land use summary and circulation system have been revised since the submittal of the traffic study. Therefore, we are submitting updated warrants as requested. Only the Villages which impact the intersection in question were analyzed for this study. Methodology: The traffic signal warrants based on Estimated Average Daily Traffic were used in this analysis. The traffic volumes for Melrose Avenue were taken from the "Year 2000 Road Segment Conditions, Zone 18" and the "Year 2010 (Buildout) Road Segment Conditions, Zone 18" (Enclosures A & B). The traffic volumes for the intersection were derived from the revised land use summary (Enclosure C) and the revised circulation system map (Enclosure D). The assignment of traffic to individual segments was based on logical travel patterns utilizing the Cities distribution of Zone 18 traffic (Enclosures E & F). Findings: Both the year 2000 and the year 2010 (buildout) meet Warrant 2 (Enclosures G & H). Though the volumes generated by the revised circulation system and land use were lower than the volumes used for the original traffic study the warrant analysis results were similar. The only difference being that the revised buildout warrant analysis fails to meet Warrant 3, which it met in the original. Please call me if you have any questions. MLK.kt.001 Enclosure TABLE 21 YEAR 2000 ROAD SEGMENT CONDITIONS ZONE 18 LOCATION Palornar Airport Road El Camino to El Fuerte El Fuerte to ' j Melrose Melrose to Scripps Way Scripps Way to East City Limit Melrose Avenue North City Limit to Palomar Airport Palomar Airport to Carrillo Way Carrillo Way to East Internal East Internal DAILY VOLUME 64,100 64,100 58,400 57,700 30,200 36,000 32,800 31,400 NUMBER OF LANES/ PEAK HOUR VOLUME ON ALL LANES 4/6410 4/6410 4/5840 4/5770 2/3020 4/3600 2/3280 2/3140 PEAK HOUR VOLUME ONE-LANE 1,605 1,605 1,460 1,445 . 1,510 900 1,640 1,570 VOLUME/ • CAPACITY*" :, PKTIO + I£B(2)( 0.89/D 0.89/D 0.81/D 0.80/C c 0.84/D 0.50/A 0.91/E 0.87/D to Zone 18 Boundary ENCLOSURE A TABLE 26 YEAR 2010 (BUILDOUT) ROAD SEGMENT CONDITIONS ZONE 18 LOCATION Palomar Airport Road El Cam i no to El Fuerte El Fuerte to Melrose Melrose to Scripps Way Scripps Way to East City Limit Melrose Avenue North City Limit to Palomar Airport Palomar Airport to Carrillo Way Carrillo' Way to East Internal East Internal to Zone 18 Boundary DAILY VOLUME 24,110-EB 26,410-WB 24,160-EB 24,940-WB 18,910-EB 23,380-WB 20,350-EB 24,210-WB 30,340-NB 26,380-SB 27,820-NB 27,970-SB 18,210-NB 17,840-SB 17,140-NB 16,610-SB NUMBER OF LANES/ PEAK HOUR VOLUME ON ALL LANES 2/2410 2/2640 2/2420 2/2490 2/1890 2/2340 2/2040 2/2420 1/3030 1/2640 2/2780 2/2800 2/1820 1 2/1780 1/1710 1/1660 PEAK HOUR VOLUME ONET LANE 1,205 1,320 1,210 1,245 945 1,170 1,020 1,210 3,030 2,640 1,390 1,400 910 890 1,710 1,660 .;£• VOLUME/ , |CAPACITY":.; i- RKTIO + TCSfo* •'i•v Y 0.70/B 0.73/C 0.67/B 0.69/B 0.53/A 0.65/B 0.57/A 0.67/B >. « 1.68/F1.47/F ; 0.77/C : 0.78/C ; 0.51/A 0.49/A 0.95/E 0.92/E • f s : l': 'i ; ».. : •* '»! •?:i f*, •;-. i •V, ^.' '•V1 ! "N: 't'l •I; ''•••'. ''*", 't'\ \':' ENCLOSURE B Planning Group 5420 Friars Rood Son Diego, CA 92110-2596 Phone (619) 291-0810 Fox (619) 291-4165 RANCHO CARRILLO - CARLSBAD 1996 MASTER PLAN AMENDMENT June 30,1997 VILLAGE A B C D E F G H J K L M N O P Q R TOTALS PRODUCT Apts. (flats) Triplex & Flats Duplex 70 x.l 00 pad SFD 45 x 100 SFD 50 x 70 SFD 45 x 100 SFD 50x1 10* SFD 80 x 100 (90 x 120) SFD 50x1 00 SFD 50x1 00 Flats/TH SFD 55x1 10 Townhouses SFD 45 x 100 SFD 45x1 10 SFD 55x1 10 SFD 55x1 10 YIELD 195 (s) 201.(s) 114 87 95 99 39 73 65 95 **96 67 **119 49 56 183 45 1,678 ADT 1560 1608 912 870 950 990 390 730 650 950 768 670 952 490 560 1830 450 15,330 * 100 acceptable ** No study (s) Study only Note: SFD pad dimensions are typical. REW:vs. 12916.003 Enclosure C (V) ADT= © ADT= ® ADT= ®ADT= 3315 veh/day 730 veh/day 3360 veh/day 1165 veh/day «-27-»7 IRKKENC3NEERING COMmNY REVISED CIRCULATION SYSTEM MAPIDENTIFICATION OF PERTINENT ACCESS POINTS AND ADT ENCLOSURE D-1 See Enclosure D-2 for Distribution DISTRIBUTION OF ADT AT PERTINENT ACCESS POINTS Location Village A Village B Village C Village D Village E Village F Village H Village K Village P Total ADT 1560 1608 912 870 950 990 730 950 560 9130 Access Access Access Access Point Point Point Point 1 2 3 4 0.74A+0 H+ 0.26A+0, .74B+0, .26B+0. 74D+0.19C+0.095E+0.064F = = 81C+0.81E+0.81F+0.26D = K+0.095E+0.126F+P Total 3315 730 3360 1725 9130 Enclosure D-2 ito ^ NO SCALC XXX -*WCM» OISWHUIHJN or zex <• >) FIGURE 7 YEAR 2000 CIRCULATION SYSTEM, DISTRIBUTION OF 7.0NK m TRAFFIC. AND IMPACTED INTERSECTIONS ENCLOSURE E >« I M ^x x*£o«r •£, ^ \\ RCOI |P \ A«PO«l w*D_ •23T. vy\ 267.- PROJECT .SITE ^1 MJC4N1E HO HOW): . 6 l*KS . 4 LMCS I NO SCAU . NPAcno mimccnoK XX% • ratdNi onnaauTKM or IGNC ta mArnc FIGURE 9 YEAR 2010 CIRCULATION SYSTEM, DISTRIBUTION OF ZONE 18 TRAFFIC. AND IMPACTED ENCLOSURE F Traffic Manual TRAFFIC SIGNALS AND LIGI-QjG 9-9 1-1992 Figure 9-4 TRAFFIC SIGNAL WARRANTS (Based on Estimated Average Daily Traffic - See Note) URBAN X 1 . Minimum Vehicular Satisfied RURAL Not Satisfied x Number of lanes for moving traffic on each approach Major Street MELROSE1 .?...„' 2 or more 3.6.,.QOQ... 2 or more 1 Minor Street VILLAGE H 1 1 1,657. 2 or more 2 or more 2. Interuption of Continuous Traffic Satisfied X Not Satisfied Number of lanes for moving traffic on each approach Major Street MELROSE Minor Street VILLAGE H 1 1 2 or more ....3.6r.QO.Q. 2 or more 1 3. Combination Satisfied No one warrant satisfied fulfilled 80% or more 1 1,:.6.5.7 2 or more 2 or more Not Satisfied x , but following warrants 1 2 Minimum Requirements EADT Vehicles per day on major street (total of both approaches) Urban Rural 8,000 5,600 <£GWb 6,720 9,600 6,720 8,000 5,600 Vehicles per day on major street (total of both approaches) Urban Rural 12JU20 8,400 (0,4001) 10,080 14,400 10,080 12,000 8,400 2 Warrants Vehicles per day on higher-volume minor street approach (one direction only) Urban Rural 2,400 1,680 (gffijp 1,680 3,200 2,240 3,200 2,240 Vehicles per day on higher-volume minor street approach (one direction only) Urban Rural 1,200 850 fZJfo 850 1,600 1,120 1,600 1,120 2 Warrants NOTE: To be used only for NEW INTERSECTIONS or other locations where actual traffic volumes cannot be counted. MELROSE AVE / VILLAGE "H" ACCESS YEAR 2000 REVISED CIRCULATION AND LAND USE SUMMARY ENCLOSURE G Traffic Manual TRAFFIC SIGNALS AND 9-9 1-1992 Figure 9-4 TRAFFIC SIGNAL WARRANTS (Based on Estimated Average Daily Traffic - See Note) URBAN X 1. Minimum Vehicular Satisfied RURAL Not Satisfied X Number of lanes for moving traffic on each approach Major Street 1 .?......" 2 or more .55.,.8.QQ 2 or more 1 Minor Street 1 1 1,.65.7. 2 or more 2 or more 2. Interuption of Continuous Traffic Satisfied x, Not Satisfied Number of lanes for moving traffic on each approach Major Street Minor Street 1 1 . 2 or more ..5S,.B.QD. 2 or more 1 3. Combination Satisfied No one warrant satisfied fulfilled 80% or more 1 l.,.65.7 2 or more 2 or more Not Satisfied x , but following warrants 1 2 Minimum Requirements EADT Vehicles per day on major street (total of both approaches) Urban Rural 8,000 5,600 9,600 6,720 9,600 6,720 8,000 5,600 Vehicles per day on major street (total of both approaches) Urban Rural 12,000 8,400 14,400 10,080 14,400 10,080 12,000 8,400 2 Warrants Vehicles per day on higher-volume minor street approach (one direction only) Urban Rural 2,400 1,680 2.400 1,680 3.200 2,240 3,200 2,240 Vehicles per day on higher-volume minor street approach (one direction only) Urban Rural 1 ,200 850 1.200 850 1,600 1,120 1,600 1,120 2 Warrants NOTE: To be used only for NEW INTERSECTIONS or other locations where actual traffic volumes cannot be counted. MELROSE AVE / VILLAGE "H" ACCESS YEAR 2010 (BUILDOUT) REVISED CIRCULATION AND LAND USE SUMMARY ENCLOSURE H