HomeMy WebLinkAbout1977-02-15; City Council; Resolution 4059..
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RESOLUTION NO. 4059
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND CARRILLO RANCHO PARTNERSHIP FOR
TRANSFER OF TITLE TO PARK SITE TO CITY OF
CARLSBAD AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT.
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. That that certain agreement between the City of
Carlsbad and Carrillo Rancho Partnership, a copy of which is
attached hereto marked Exhibit A and made a part hereof, for
transfer of the title to the park site to the City of Carlsbad
in partial satisfaction of the park's condition contained in
the Carrillo Ranch Master Plan Ordinance No. 9365, is hereby
approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on
thei5th day of February , 1976 by the following vote, to wit:
AYES: Coiinci lman Frazee, Lewis, Packard and Councilwoman Casler.
NOES : Councilman Skotnjcki
ABSENT : No ii e .
X&Lp'C A@&?-
ROBERT C. FRAZEE, Meor
ATTEST :
MARGARET E. -ADAMS, City Clerk
NORA K, GARDfNEii, Deputy City Clerk
(SEAL)
1 THIS AGREEMENT is made this -._ 15thday ____ 02 I___ February - -_
19i7, between the CITY OF CARLSRAD, a municipal corporation of
the State of California (hereinafter referred to as "City") and
CARRILLO RANCHO PARTNERSHIP, a California general partnership
(hereinafter referred to as "Partnership") .
RECITALS
WHEREAS, in 1973 Partnership was the owner, or otherwise
controlled, approximately 852 acres of real property located
within the City of Carlsbad. Partnership having secured c7 Master
Development Plan for the property as approved by Ordinance
No. 9332, as amended by Ordinance No. 9365, on file in the office
of the City Clerk and incorporated by reference herein; and
WHEREAS, said ordinance as amended, among other things,
identified portions of said property as a site for a community
park and requires that the site be dedicated to the City of
Carlsbad for park purposes in connection with the development
of the property as a condition thereof: and
WHEREAS, said plan provides that Partnership shall dedicate
an approximate 10-acre portion of said park site known as Parcel K,
as shown on the map marked Exhibit A, including the historic
Carrillo Ranch House, outbuildings, landscaping and other features,
to the City of Carlsbad prior to approval of the first final map
for a subdivision within the planned community; and
W'iE1iEAS t said plan provides that: Partnership shall dedicate
the balance of said park site known as Parcel K-1 upon the occur-
rence of certain events. Pending such dedication, Parcel K-1
shall be reserved for park purposes; and
WHEREAS, the park dedications required by said Master Plan
will satisfy, in part, the requirements of Chapter 20.44 of the
Carlsbad Municipal Code, which requires the dedication of land,
or the payment of fees in lieu thereof, for park and recreational
purposes as a condition of approval of the subdivision of land.
Section 20.44.110 provides an alternate procedure for satisfying
the park's obligation €or planned communities. Said Master Plan
invokes that alternate procedure and the City has elected to
proceed pursuant to said section. The parties desire to include
in this agreement all those items necessary to accomplish said
alternate procedure in accord with said section; and
WHEREAS, said Master Plan and said alternate procedure
provides for the identification of a major park site and. provides
for the dedication of said site as a part of the overall community
planning process rather than tying the dedication to the develop-
ment of any particular subdivision. The parties recognize that
the development of said property will take place over a number of
years and they desire to make prearrangement for the dedication
of the park site in advance of actual need and subdivision in
order to ensure
the coordinated
that the community will receive the benefits of
parks program and in order to allow the park to
2.
be dedicated and developed as a unit instead of waiting for a
piecemeal dedication pursuant to the individual subdivision
process. The dedication and development of the park site can
occur as a unit and in advance of what would otherwise be
possible, providing a benefit to the planned community; and
WHEREAS, in order to accomplish these purposes the Partner-
ship will dedicate Parcel K and Parcel K-1 in advance of the
requirements of any individual subdivision. The amount of land
so dedicated and the value of the improvements on Parcel X will
be maintained on account by the City to be drawn upon as satis-
faction of the park obligation of Subsequent subdivisions as
hereinafter set forth in this agreement; and
WHEREAS, the parties recognize that conditions change over
the years and that it is not always possible to make provisions
that will satisfy future laws and requirements, it is their
intention that Parcel K,and Parcel K-1 if required, will be used
to the extent available to satisfy Partnership's park require-
ments.
NOW, THEREFORE, in order to implement the Carrillo Ranch
Master Plan, Ordinance Nos. 9332 and 9365, and in consideration
of the mutual promises and obligations of the parties set out
herein, it is agreed as follows:
1. Upon execution of this agreement, Partnership shall deed
Parcel K to the City in fee, free of all liens and encum-
brances. Within sixty days after the deed is of record the
3.
Partnership shall furnish City with n policy of title
insurance, confirming the vesting of the title in the
City of Carlsbx2.
2, Marie Antoinette Carrillo Dclpy, and Partnership, shall
remain responsible for fire and liability insurance and
maintenance of the subject property and improvements
pursuant to a Resident Caretaker Agreement, dated April 16,
1974, on file in the office of the City Clerk and inco;.por-
ated by reference herein. Termination of Mrs. Delpy's
occupancy and transfer of responsibility for insurance and
maintenance shall be in accord with said agreenent.
3. Partnership, concurrently with delivery of the deed for the
Parcel K park site, shall deed to the City any easement for
access purposes from Palomar Airport Road to the park site.
City agrees to quitclaim said easement when Poinsettia Lane, as
shown on the Master Plan, is constructed from the park site
through to El Camino Rea1,or Poinsettia Lane Erom the park
site to P4elrose and Melrose to Palomar Airport Road is
constructed, or other public access acceptable to the City
from the park site to the City's system of streets, is avail-
able.
4. The acreage in Parcel K shall constitute a credit in favor
of Partnership to be held on account by City. At the
request of Partnership, the Partnership may use ci- authorize
the use of all or part of such credit in satisfying an equal
4.
amount of the requirement for the dedication of land
pursuant to Chapter 20.44 for subdivisions approved
within the Master Planned Community. Said credit shall be
on an acre-for-acre basis, parties having agreed that each
acre in said Master Planned Community is equal in value to
every other acre for the purposes of this agreement.
5. Pursuant to agreement of the parties, the historic ranch
house and other improvements located on Parcel K have been
appraised. Pursuant to agreement of the parties, the City
Council has established that the full value for all such
improvements is the sum of $97;500.00. Upon recordation
of the deed for the park site, said amount shall constitute
a credit in favor of Partnership to be held on account by
City. At the request of Partnership, the Partnership may use
or authorize the use of all or part of such credit in
satisfaction of the park in lieu fee obligations for sub-
divisions approved within the Master Planned Community,
6. At such time as any subdivision map is presented to the City
Council for approval for any property within the Master Plan,
the park obligations for said subdivision shall be determined
in accord with the provisions of Chapter 20-44. If sufficient
credit exists in favor of partnership from the dedication of
Parcel K to satisfy the obligations of such subdivision,
Partnership may elect to satisfy park obligations of said
subdivision by an appropriate deduction from said credit.
5.
Credit in land equivalencies accrued fron dedication of
Parcel K shall be used until exhausted. At the point at
which such credit is exhausted, City shall determine the
in lieu fee obligation under Chapter 20.44 for the remain-
ing obliqation of that subdivision or future subdivisions.
If sufficient credit from the value of the improvements
exists in favor of Partnership, Partnership may elect to
satisfy the in lieu fee obligation of said subdivision by
an appropriate deduction from said credit. In the event
there is no, or insufficient, credit available to Partner-
ship to satisfy the obligation of any subdivisions, the
Partnership shall satisfy the requirements of Chapter 20.44
for that subdivision by making any required dedications or
paying any required fees in lieu thereof -the City shall
determine.
7. A statement regarding the park obligations shall be prepared
by City for each tentative map for a subdivision of said
property. The statement shall show the amount of land
or fees required as determined by City pursuant to Chapter 20.44.
The amount of credit in land or improvement value, if any,
available to satisfy such requirements shall also be stated.
Partnership shall then have the right to elect whether said
obligation shall be satisfied from any credits remaining on
hand. If the statement indicates that there is insufficient.
credit in land or improvement values on account to satisfy
the obligation under Chapter 20.44 for that subdivision,
6.
Partnership agrees to deed forthwith Parccl K-1 to the
City to be held in account and util.ized in accord with
this agreement under the same terms and conditions as
Parcel K.
8. The parties recognize that the Master Plan is a planning
document only and part of the changing process of the City's
land use planning program. The park site shown on the Plaster
Plan reflects the parties best judgment of an appropriate
park program for the development as it is currently planned
at this time. It is understood that as said property is
subdivided and improved and as the City's planning process
continues the City may determine to change the size and
location oL the park site or to require additional park
sites in City's sole discretion. In the event such a change
is necessary, the parties shall further supplement this
agreement to effect such change and to provide for the
orderly dedication of said park site. The parties shall
not unreasonably withhold agreement to any necessary
supplement to this agreement resulting fro3 such a change.
Thc parties recognize further that the Master Plan shows
the park site only as a general location and in an approxi-.
mate size. The City reserves the right to fix a final
1ocatic;n site and boundary of such site in its sole discretion.
Notwithstanding the above, it is the intent of the parties
that Partnership will receive full credit for its dedications
of Parcel K to City as soon as feasible and possible under
7.
9.
the circumstances.
lands are dedicated, Partnership will receive full credit on
the same basis as Parcel K.
City and Partnership agree that each will reserve mutual
slope rights and mutual easements for utilities in connection
with and contiguous to Parcel K and Parcel K-1. Said
reservation is to be of mutual benefit of each.
granted by City to Partnership on Parcel K and Parcel K-1
shall not be inconsistent or otherwise interfere with the
use of said property as a park site.
In the event Parcel K-1 or other park
Slope rights
10. If the P-C zoned property is rezoned by City, or this
agreement is terminated prior to completion of development
as provided in the Naster Plan, the title. to any land or
improvements dedicated or deeded pursuant to this agreement
shall remain in the City. Any remaining balance of land
or improvement value credit not utilized in satisfaction of
the requirements of this agreement shall remain on account
and shall be available to satisfy the park requirements which
may apply to any future subdivision of the property.
3.1. This agreement shall bind and inure to the benefit of the
parties, their respective assigns and successors and the
successive owners of said property,
12. In the event the Partnership sells portions of the property
to other parties who become the subdivider, the credits
available pursuant to this agrc. lent may be made available
8.
of written authorization by City from Par-tnership indicating
the amount of such credit to be made available.
I1J I?ITKESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
ATTEST :
CITY OF CARLSBAD, a Municipal
Corporation of the State of
California
MARCAIZT E. ADAXS, City Clerk ROBERT C. FRAZEEf Flayor
NORA K. GAilDINER, CepGty City Clerk NORA K. GAilDINER, Ceputy City Clerk
ATTEST : CARRILLO RANCHO
APPROVED AS TO FORM:
City Attorney I,
9.