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HomeMy WebLinkAboutCT 97-01; Continental Ranch Inc; 1998-0352187; Easement Agreement1 t mCORDE6 REQUE-3F * I _.. Y First Americnn 1 c..Le . 1513 DOC - 1998-0352187 SUUDIV~~~~~~x~~~~NGDEPT. RECORDING REQUESTED BY AND JiJN 109 1998 4:27 j=qq WHEN RECORDED MAIL TO: I City Clerk 1 OFFICIAL l?ax9s SAN DIEGO COUNTY REtlIRDER's oFFrcE City of Carlsbad f.i&ORY J. SHITH, ll!JUNTY RECORDER 1200 Carlsbad Village Dr. ; FEES: 28.00 Carlsbad, CA 92008 1 1 a- -& Space above I IllIll Illll Ill1 11111 Ill1 I[[[ j~J~lllll Ill lllll III Ill II11 use only AGRm TO NEGOTIATE ACCESS EASmmS . This AGREEMENT TO NEGOTIATE ACCESS EASEMENTS (“Agreement") is entered into effective;rUNeZ ,, 1998, by and between CONTINENTAL RANCH, INC., a California corporation doing business as Continental Homes (“CR,") and the CITY OF CARLSBAD, a California municipal corporation (the "City"), with reference to the following: A. CR1 owns and is developing a residential project in the City called “Ranch0 Carrillo." B. The City approved a tentative subdivision map, identified “CT 97-01 " Zscription df for Village "H" of Ranch0 Carrillo. A legal the subject real property ("Village k," or the "Property") is attached hereto as Exhibit “A." C. Condition 61 of CT 97-01 requires the developer, as a condition of approval of a final map for CT 97-01, to enter into a recorded agreement with the City pursuant to which the developer would negotiate in good faith, subject to certain terms, with a neighboring property owner regarding access. D. This Agreement is intended to satisfy Condition 61 of CT 97-01. THE PARTIES AGREE: I. AGREEk@NT TO JXIMOTIATE. A. . s and Exhibits. The above recitals (the “Recitals") are true and correct. The Recitals and all exhibits attached hereto are incorporated into this Agreement. B. Additional Definition. As used in this Agreement, “Developer" shall mean the entity owning the Property. C. . . . Sub;ect of Ne~0tlatm.a Developer shall negotiate in good faith with the owner of adioining property commonly called Bressi Ranch, offering to enter into an access and cost sharing /// -- L L : . I 1514 - agreement with the owner of Bressi Ranch whereby (a) the owners of not more than ten (10) homes developed on that particular portion of Bressi Ranch (the "Knoll") depicted on Exhibit 'B" attached hereto would have the recorded right to ingress and egress along H-A, H-B, and H-E Streets and across proposed Lot No. 7 of the Property; (b) the width of the easement across Lot No. 7 of the Property would be a minimum of forty-six feet; (c) the parties would grant reciprocal access easements along proposed H-A, H-B, and H-E Streets and across proposed Lot No. 7 of the Property to be recorded concurrently with the approval of a final map on the l'Knollll; (d) maintenance for all these streets within the Property would be the responsibility of the Ranch0 Carrillo Master Association; (e) the owners of homes in Bressi Ranch who take access over these streets would be obligated to share in the pro rata costs of maintenance of the streets pursuant to Civil Code Section 845; and (f) the Master Declaration of Restrictions for Ranch0 Carrillo would include the following disclosure: “It is intended that a portion (referred to as 'The Knoll') of the adjoining property (currentlv known as Bressi Ranch) will be provided ingress and egress H of Ranch0 Carrillo." through Village D. Term. This Agreement shall be valid for a period of five (5) years or until the easements described in paragraph I.C., . above, are granted, whichever comes first. If no access and cost sharing agreement has been entered into within five (5) years despite Developer's good faith negotiation, Lot No. 7 of Village H may be developed. E. Determination of Good Faith Neaotiation. The City's Director of Public Works (or the official with the most similar duties, should the City terminate the use of that title) shall determine in his reasonable discretion, upon Developer's application, whether the obligations of this Agreement have been satisfied, including whether Developer has negotiated in good faith with the owner of Bressi Ranch. If the City's Public Works Director so determines at any time, the City's Public Works Director shall record a release of this Agreement allowing Lot No. 7 of Village H to be developed. The requirement of “good faith negotiations" does not contemplate Developer giving property without just compensation. F. Satisfaction of Condition 61. The signing and recordation of this Agreement satisfies condition 61 of CT 97-01. II. MISCELLANEOUS PROVISIONS. A. Intecmation. The undersigned, and each of them, acknowledge and represent that no promise or inducement not expressed herein has been made in connection with this Agreement. This Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. -2- -. 15F . ‘s ‘ ” B. Waiver and Amendment . No provision 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 of any other provision, or of any subsequent breach of the same or other provision. This Agreement may be amended, modified or rescinded only in writing signed by all parties to this Agreement. C. Benefit and Burden. This Agreement shall be recorded in the Official Records of the County of San Diego. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors in interest with respect to the Property. This Agreement is not intended to benefit any third person other than the parties hereto and their respective successors in interest. IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date first above written. CONTINENTAL RANCH, INC. By: ATTEST: ALETHA RAUTENKRANZ, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY -3- I :I . ’ 1526 State of California County of San Diego On April 16, 1998 before me, Nancy A. Nemec, Notary Public, personally appeared David A. Lother , personally known to me to the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. , ** . . * .’ 1 5 i ‘) .: : ‘;*; : . : . .:. _. _.. : . ..: EXHIBIT “A” Page 1 of 1 LOTS 1 THROUGH 37 OF' CARi,SE& &CT'NO. '97-01 '. VILLAGE "H", RANCHO: CM&ILL0 ..'::- 18 THE.CITY OF C!ARLSBAD;COiJNTY OF'& DLEGO &TATE OF .- .. . '. .CALIFORNIA;ACCORQING TO MAP .THEREOF NO. \35s\.';' &ED .iN TWE " . OFFICE OF THE COUNTY. RECORDER OF 'SAN DIEGO CdNTY; 3ul4e Q VW% ';. ',' .'.. "' .. ' ; . . :, ..’ . .‘.. . . . . _I .‘. . . . . . . . . ‘. ,: + . : . . (.‘... :’ _ ‘. * _’ . ‘.’ f . . ,..: . . . : : . . : . . . ~ : . . . . .. . . . :.: . -; :. . ,: . . ..‘:. .: . . . ‘: _ :* , ..a . . . _ . ,. . _’ .;; . , . ‘..,. . . . . ,’ -: ,_ ” I I. _. : : _ : : : : * *’ .,:. .: . . . . ,.. : .. .;. : . I . . .’ . , *’ _‘( I 1518 EXHIBIT “B” Page 1 of 2 THE “KNOLL” BOUNDARY Being a portion of Parcel One of Parcel Map No. 1763 in the City of Carlsbad, County of San Diego, State of California according to the map thereof on file in the Office of the County Recorder of said County, being more particularly described as follows: Beginning at the most Southeasterly corner of said Parcel One; thence along the Easterly line of said Parcel One North 02’38’00” (North 02”38’58” West record) West 2052.51 feet to the TRUE POINT OF BEGINNING; thence leaving said Easterly line South 87’22’00” West 250.00 feet; thence North 02”38’00” West 200.00 feet; thence North 60”48’06” East 167.71 feet; thence North 02”38’00” West 240.00 feet; thence South 87”22’00” West 450.00 feet; thence North 02”38’00” West 330.00 feet; thence North 42”22’00” East 353.55 feet; thence North 87’22’00” East 300.00 feet to the Easterly line of said Parcel One; thence along said Easterly line South 02”38’00” (South 02”38’58” East record) East 1095.00 feet to the TRUE POINT OF BEGINNING. April 14, 1998 KD:rh\12987.003 TRUE P.O.B. EXHIBIT “B” Page 2 of 2 I lTHE KNoLL) ,.,,-1 y .“O ,Cln,, n. . 4 .T I In% “.,A, , r” “P,, JN 12987 r SCALE: IY=200' , II I .’ ., 1 .’ I .o _ .’ 1520 CERTIFICATE OF CORPORATE RESOLUTION OF CONTINENTAL RANCH, INC. I, Susan M. Gaupel , Assistant Secretary of CONTINENTAL RANCH, INC., a Delaware corporation (*lCorporationl*), do hereby certify that I am a duly elected, qualified and acting officer of the Corporation and, as such, I am familiar with the books, minutes and records of the Corporation; that no provision of the Articles of Incorporation or Bylaws of the Corporation requires that any action or signature of the Corporation be attested by a corporate officer; that there is no provision in the Articles of Incorporation or Bylaws of the Corporation limiting the power of the Board of Directors to adopt the hereinafter stated. resolutions; that the following is a true and accurate copy of resolutions duly adopted by the Board of Directors of the Corporation, on October 20, 1997 either at a duly held meeting of the Board of Directors or by unanimous written consent of all members of the Board of Directors of the Corporation; and that said resolutions have not been modified, rescinded or revoked and are now in full force and effect: RESOLVED, that one signature from the President or any of the Vice Presidents of the Corporation listed below is required for any and all documents related to planning, engineering, mapping I development or construction associated with property owned by Continental Ranch, Inc.; including but not limited to maps, easements, agreements, permits, dedications, etc.; and RESOLVED, the following persons are the duly elected President and Vice Presidents of the Corporation: Chris Chambers President W. Thomas Hickcox Vice President Donald W. MacKay Vice President David Lother Vice President Greg Hastings Vice President RESOLVED FURTHER, that one signature from the President or any of the above-designated Vice Presidents is sufficient by itself to bind the Corporation in furtherance of these Resolutions. WITNESS my hand on this 20th day of October, 1997. . .CONTINENTAL RANCH,. INC., a Delaware corporation BY %tisan M. Gaupel / Assistant Secretary