HomeMy WebLinkAbout; Carltas Company; 1996-0450382; Land ConservationRECORDING REQUESTED BY AND )
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.OC 8 1996-0450382
05-SEP-1996 10 = 48 API
OFFICIAL RECORDS
1 57 5 SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SHITH, COUNTY RECORDER
RF: 13.00 FEES' 31.00
AF: 17.00
I1F: 1.00
City Clerk
CITY OF CARLSBAD
1 200 Carlsbad Village Drive
Carlsbad, CA 92008
)
)
)
),
Space above this line for Recorder's use
Parcel No. 211-022-15 (portion) & 211-023-09 (portion)
Cancellation Area - A (Specialty Retail) & C (LEGO Drive)
CERTIFICATE OF FINAL PARTIAL CANCELLATION PURSUANT TO
CALIFORNIA LAND CONSERVATION ACT OF 1965
Pursuant to the California Land Conservation Act of 1965, the City Council of the
City of Carlsbad (the "City"), does hereby give notice of final partial cancellation for Area "A",
Specialty Retail Cancellation Area and Area "C", LEGO Drive Cancellation Area of the
following described contract and certifies:
1. On February 10, 1976, the then current landowner and the City entered
into that certain Land Conservation Contract 76-1 under the California Land Conservation Act of
1965, recorded on March 1, 1976, as Document Number 76-059758 in the Office of the San
Diego County Recorder (the "Contract").
2. The land subject to the Contract is described in Exhibit "A" attached
hereto and incorporated herein by this reference (the "Contract Land").
3. Carltas Company, a California limited partnership; CB Ranch Enterprises,
a California corporation; Carlsbad Ranch Company L.P., a California limited partnership; and
Carlsbad Estate Holding, Inc., a California corporation, the current owners of a portion of the
Contract Land which is depicted in Exhibit "B" attached hereto and incorporated herein by this
reference (the "Carlsbad Ranch Cancellation Land").
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1576
4. The Specialty Retail (Area "A") and LEGO Drive (Area "C") Cancellation
Land, along with certain other land, is the subject of the tentative partial cancellation adopted on
January 9, 1996, by the City Council of the City of Carlsbad (the "Council") Resolution No. 96-
2, and evidenced by that certain Certificate of Tentative Partial Cancellation recorded with the
San Diego County Recorder as Document Number 1996-0107755 on March 5, 1996 (the
"Certificate of Tentative Cancellation"). The tentative cancellation was subject to certain
conditions set forth therein (the "Conditions").
5. The conditions, with respect to the Specialty Retail (Area "A") and LEGO
Drive (Area "C") Cancellation Land, as set forth hi Council Resolution 96-2 and Section 5 of the
Certificate of Tentative Partial Cancellation have been satisfied, as follows:
5.1. Payment of the Cancellation Fee. A cancellation fee in the amount of
$376,618.00 for the Specialty Retail and LEGO Drive Cancellation Land, as calculated by the
City and certified to the County Auditor, has been paid by the landowner to the San Diego
County Treasurer in August 16, 1996.
5.2 Permits Necessary to Commence the Project. All permits necessary to
commence the project have been issued. The permits necessary to commence the project
pursuant to California Government
follows:
i) A Final Map
Council on August 13, 1996.
ii) A Coastal De
for the Final Map and Grading Pehnit
California Coastal Commission in Aiigust
Code Section 51283.4, as determined by the City, are as
from the City. The Final Map was approved by the City
relopment Permit from the California Coastal Commission
it. A Coastal Development Permit was issued by the
1996.
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1577
5.3 Dedication of Property. The landowner has dedicated to the City all
property within the Specialty Retail and LEGO Drive Cancellation Areas, required to be
dedicated to public ownership under the conditions of (i) Specific Plan 207(A), which Specific
Plan was adopted by the City on January 9, 1996, by City Ordinance No. NS-344 (the "Specific
Plan") and (ii) the Master Tentative Map for Carlsbad Ranch (CT 94-09). Such Irrevocable
Offer of Dedication from the landowner to the City of Carlsbad was made on the Final Map for
Unit I of CT 94-09.
5.4 Environmental Impact Report and Statement of Overriding Considerations
and Mitigation Monitoring Program. The landowner has complied with all applicable mitigation
measures identified in the Carlsbad Ranch Specific Plan Amendment Final Program
Environmental Impact Report (EIR 94-01).
6. The Conditions of Section 5 of the Certificate of Tentative Partial
Cancellation for the Specialty Retail (Area "A") and LEGO Drive (Area "C") Cancellation Areas
depicted on Exhibit "C" and more particularly described on Exhibit "D-l" and "D-2" (Legal
Description) have been satisfied, and this certificate constitutes a Certificate of Final Partial
Cancellation for the Specialty^BrJail and LEGO Drive Cancellation Land.
August 20, 1996
Date
ATTEST:
ALETKAL. RAUTENKRANZCity Clerk
(SEAL)
-3-
EXHIBIT "A"
UfBIOMM L4.GOOX
1578
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^ s
CARLSBAD RANCH: WILLIAMSON ACT LANDS
Non- Williamson Act Lands
121.94
Williamson Act Lands Remaining Under Contract
146.35mmWilliamson Act Lands to be Removed from Contract
179.11
0'1600'
800'
SCALE: 1" = 800'
EXHIBIT "B"
1579
PALOMAR AIRPORT ROAD
WILLIAMSON ACT LANDS TO BE REMOVED FROM EXISTING PARCELS
ASSESSOR'S PARCEL NUMBER AREA (Acres)
211-022-14
211-022-15
211-022-16
211-023-08
211-023-09
2.68
15.95
97.92
48.20
14.36
Dote: 08/01/96 Time: 15: PC #1 FILE=F:\JOBS\891014\LGOEXWM.DWG
ixcoox EXHIBIT "C'
1580
-"W" *CAQ rr^i^.'~^V \ „ —
2 'iwOuia *i?..«osr aa*(r •
CARLSBAD RANCH: CANCELLATION AREAS
A.
B.
C.
D.
E.
Specialty Retail Cancellation Area - 15.95 Acres
Research and Development/Office Cancellation Area - 20.87 Acres
LEGO Drive Cancellation Area -1.08 Acres
LEGOLAND Cancellation Area - 93.35 Acres
Resort Cancellation Area - 47.86 Acres
EXHIBIT "D-1"
1581
That portion of Lot 2 of Carlsbad Tract No. 92-07 as per Map No. 13078 in the City of
Carlsbad, County of San Diego, State of California, filed December 28, 1993, described as
follows:
Beginning at the Southwesterly terminus of the course shown as "N 36°53'12" E (R) 436.45'"
along the boundary of said lot; thence along the boundary of said lot, the following courses:
North 36°53'12" East 436.44 feet, North 22°29'26" West 914.65 feet to a point on a non-tangent
curve concave Northwesterly having a radius of 336.00 feet, a radial line to said point bears
South 24°4r41" East and Northeasterly, Northerly and Northwesterly 514.86 feet along said
curve through a central angle of 87°47'41"; thence leaving said boundary, non-tangent from
said curve, South 25°53'00" East 336.14 feet; thence South 22°29'26" East 1600.18 feet; thence
South 48°00"34" West 247.40 feet radially to a point on said boundary, said point being on a
non-tangent curve concave Southwesterly having a radius of 643.00 feet; thence along said
boundary, the following courses: Northwesterly 402.30 feet along said curve through a central
angle of 35°50'53", tangent from said curve, North 77°50'19" West 99.93 feet and Northwesterly
240.37 feet along a tangent curve concave Northeasterly having a radius of 557.00 feet through
a central angle of 24°43'31" to the Point of Beginning.
This legal description is not to be used for any purpose that would violate the Subdivision Map
Act.
Tom R. McGannon, R.C.E. 23956
Registration Expires: December 31, 1997
July 25, 1996
Page 1 of 1
W.O. 1774-2X
H&A Legal No. 4099
Prepared By: H. Foss
Ck'd By: B. Etemadi/fh
1582
EXHIBIT "D-2"
Those portions of Lots 7 and 8 of Carlsbad Tract No. 92-07 as per Map No. 13078 in the City
of Carlsbad, County of San Diego, State of California, filed December 28, 1993, described as
follows:
Beginning at a point on the Westerly line of said Lot 8, distant North 5°06'54" East 1.81 feet
from the Southerly terminus of the course shown as "N 5°06'44" E 190.00'" on said map, said
point being on a tangent curve concave Easterly having a radius of 626.00 feet; thence leaving
said Westerly line, Southerly 496.89 feet along said curve through a central angle 45°28'42";
thence tangent from said curve, South 40°2r48" East 387.70 feet; thence South 47°13'35" West
70.97 feet radially to a point on a non-tangent curve concave Southwesterly having a radius of
696.00 feet; thence Northwesterly 298.88 feet along said curve through a central angle of
24°36'15" to the beginning of a tangent compound curve concave Southerly having a radius of
90.00 feet; thence Westerly 119.86 feet along said curve through a central angle of 76°18'27";
thence tangent from said curve, South 36°18'53" West 21.92 feet; thence South 36°23'30" West
94.59 feet to a point on a non-tangent curve concave Westerly having a radius of 716.00 feet
and a point on the Westerly boundary of said Lot 7, a radial line to said point bears South
58°08'19" East; thence Northerly 523.09 feet along said curve through a central angle of
41051'31" and said Westerly boundary; thence tangent from said curve, North 9°59'50" West
94.40 feet along said boundary to the beginning of a tangent curve concave Easterly having a
radius of 615.00 feet; thence Northerly 162.21 feet along said curve through a central angle of
15°06'44" and said boundary; thence tangent from said curve, North 5°06'54: East 1.81 feet
along said boundary to the Point of Beginning.
July 29, 1996
Page 1 of 2
W.O. 1774-2X
H&A Legal No. 4100
Prepared By: H. Foss
Ck'd By: B. Etemadi/fh
15S3
This legal description is not to be used for any purpose that would violate the Subdivision Map
Act.
Tom R. McGannon, R.C.E. 23956
Registration Expires: December 31, 1997
July 29, 1996
Page 2 of 2
W.O. 1774-2X
H&A Legal No. 4100
Prepared By: H. Foss
Ck'd By: B. Etemadi/fh