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Home My WebLink About1998-11-17; City Council; Resolution 98-3820 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 98-382 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD TRANSFERRING TITLE OF A MITIGATION PARCEL FROM THE CITY TO THE ENVIRONMENTAL TRUST TO BE MAINTAINED AND PRESERVED AS MITIGATION FOR THE DEVELOPMENT OF VILLAGES Q AND T WITHIN THE CALAVERA HEIGHTS MASTER PLAN CASE NAME: CALAVERA NATURE PRESERVE CASE NO.: CT 83-1 9/83-32 The City Council of the City of Carlsbad, California, does hereby re follows: WHEREAS, on March 15, 1993, the City and Lyon Communities enterc Mitigation Agreement whereby a 11 0 acre parcel was purchased for the purpose of pc open space and habitat preservation to mitigate the development of Villages Q and T v Calavera Hills Master Plan; and WHEREAS, the Agreement calls for the transfer of title of the mitigatic from the Developer to the City of Carlsbad so that the City, or designated entity, car maintenance and preserve management functions; and WHEREAS, said transfer of title to the City has been accompli Resolution No. 98-381 ; and WHEREAS, the City wishes to reconvey title to the mitigation parcel i party, The Environmental Trust, to serve as owner and environmental manager of the I parcel; and WHEREAS, the City transfer of title to the site’s designated envir manager, The Environmental Trust (TET), implements the objective of the Agre provide for the short and long term maintenance of the site in its function as a mitigati preserve; and WHEREAS, The Environmental Trust will be obligated to fulfill the ter Agreement and related Preserve Management Plan dated February 1, 1998; and 1 ~ 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the title deed transferring the title to TET contains a reversio whereby the City will regain property title if there is a failure by TET to perform man; duties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the transfer of title from the City of Carlsbad to The Environmer is necessary for the establishment of the Calavera Nature Preserve and implementatic Mitigation Agreement of March 15, 1993. The Mayor is authorized to execute the Deed to transfer title from the City to TET. 3. TET is authorized to utilize the existing funds contained in the st maintenance trust fund of $93,875.00 as originally deposited by Lyon Communities. authorized to make payments to TET from this fund based on progressive completic management plan duties. 4. Consistent with the terms of the 1993 Mitigation Agreement, I management activities will be funded by additional funds to be deposited by the Develc to the end of initial five year period. PASSED AND ADOPTED at a regular meeting of the City Council of tt- Carlsbad on the 17th day of November 1998, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin a] NOES: None ABSENT: None ATTEST: n ALETHA L. RAUiENKFWNZ, City Clerk 1 (SEAL) I I -2- *. 0 a, Rekording Requested By When Recorded Mail To: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 and Mail Tax Statement To: (same) A.P.N. 168-050-01 Documentary Transfer Tax Sa - computed on the consideration or value of property conveyed; OR €& &" - computed on the consideration or value signature of declariifittlagent less liens or encumbrances remaining determining tax -- firm name at time of sale. 42lwmmm FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY C CAALSBAD, a California municipal corporation ("Grantor"), hereby grants to ' TH ENVIRONMENTAL TRUST, a California non-profit public benefit corporation, ("Grantee"), th real property in the City of Carlsbad, County of San Diego, State of California, shown o attached Exhibit "A," incorporated herein by this reference. This conveyance is subject to the provisions set forth in the Addendum to Grant Deec Exhibit "6," attached hereto and incorporated herein by this reference. $\" WITNESS WHEREOF, is instrument has been executed this 23R~ day c 2 I19- ATTEST : A ALETHA L. RAUTEN E AS TgOE ~ RONALD R. BALL, City Attorne I/- I 9 * 9%- 4560027 21 1 3198 .. MAIL TAX STATEMENTS AS DIRECTED ABOVE . .- 0 0 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On November 23, 1998 before me, Karen R. Kundtz, Assistant City Clerk of the City of Carlsbad, personally appeared Claude A. Lewis, Mayor and Alekha L. Rautenkranz, City e&rk personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name (s) +/are subscribed to the within instrument and acknowledged to me that -hqkW/they executed the same in-/their authorized capacity(ies) , and that by -/their signature (s) on the instrument, the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. istant City Clerk (SEAL) e 0 EXHIBIT "An PARCEL 1: THAT PORTION OF LOT 'ID" OF RANCHO AGUA HEDIONDA, IN THE CIT CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING T( PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE C( RECORDER OF SAN DIEGO COUNTY, N0,VEMBER 16, 1896, DESCRIBED AS FOU BEGINNING AT A POINT. IN THE NORTHERLY LINE OF LOT 'rL" IN SAID RAI DISTANT THEREON NORTH 89O44'00" WEST 1323.42 FEET FROM THE NORTI CORNER OF SAID LOT "L"; THENCE NORTH 00°10'20" WEST 72.64 FEET; TE NORTH 88O25'20" WEST, 269.25 FEET; THENCE SOUTH 52O18'40"' WEST, € FEET; THENCE SOUTH 13O35'40" WEST 40.00 FEET, MORE OR LESS, TC NORTHERLY LINE OF SAID LOT "L"; THENCE ALONG SAID NORTHERLY I SOUTH 89044'00" EAST, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE son PROLONGATION OF THE MOST EASTERLY LINE OF RECORD OF SURVEY MAP 4610 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO cof; MARCH 13, 1958. PARCEL 2: THAT PORTION OF LOTS 'ID1' AND I'L" OF RANCHO AGUA HEDIONDA, IN THE OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDIN MAP THEREOF NO. 823, FILED IN TXE OFFICE OF THE COUNTY RECORDE: SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT ltL"; THENCE ALONG SOUTHERLY PROLONGATION OF THE WEST LINE OF SAID LOT lrL", SI OO40'58" WEST 660.00 FEET TO A LINE WHICH IS PARALLEL WITH AND 66 FEET SOUTHERLY AT RIGHT ANGLES FROM THE SOUTHERLY LINE OF SAID 'IL" ; THENCE ALONG SAID PARALLEL LINE NORTH 87O10 ' EAST 89.92 FEE THE MOST WESTERLY CORNER OF LAND DESCRIBED IN DEED TO GEORGE W. TA: ET UX, RECORDED SEPTEMBER 10, 1957 AS FILE NO. 136954 OF OFF11 RECORDS ; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF SAID LAND, NC 73O10' EAST 1925.00 FEET TO AN ANGLE POINT AND NORTHEASTERLY 1 STRAIGHT LINE TO A POINT IN THE EAST LINE OF SAID LOT IIL", DIS' NORTH- Oo45' WEST 575.00 FEET FROM THE SOUTHEAST CORNER THEREOF; THI NORTH 0 O45' WEST ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF ! LOT 'IL'I; THENCE WESTERLY ALONG SAID NORTHERLY LINE OF SAID LOT IlL AN INTERSECTION WITH THE EASTERLY BOUNDARY OF THE LAND DESCRIBE1 PARCEL 1 IN DEED TO OCEANSIDE MUTUAL WATER COMPANY, RECORDED JULY 1930 IN BOOK 1796, PAGE 142 OF DEEDS; THENCE ALONG SAID BOUND1 SOUTH 15O35'40 I' WEST TO AN ANGLE POINT; THENCE CONTINUING ALONG BOUNDARY OF SAID PARCEL 1 AS FOLLOWS: SOUTH 58°05'40" WEST 123.70 FEET; SOUTH 20O30'40" WEST 90.20 FE SOUTH 47O33'30" WEST 346.14 FEET AND NORTH 58O19'20" WEST TO INTERSECTION WITH THE WEST LINE OF SAID LOT "L" ; .THENCE SOUTHE ALONG SAID WEST LINE TO THE POINT OF BEGINNING. 0 0 , ADDENDUM TO GRANT DEED fEXHlBlT ''8") BY THE DELiVERY AND ACCEPTANCE OF THIS GRANT DEED, Grantor and Grante agree as follows: 1. A previous grantor reserved the right to grant andlor dedicate a sew( easement, to a public agency, over land described in Exhibit "C" and depicted in Exhibit 'I hereto, both of which are incorporated herein. Grantee and its successors in interest agre to sign any document necessary to effectuate such transfer. 2. The property being conveyed is intended to be used as a public conservanc for Habitat Types and Sensitive Species, as defined in the Mitigation Agreement betwee Grantor and LyonlCopley Carlsbad Associates, L.P., dated March 15,1993. The proped being conveyed is to be used pursuant to the Management Plan for the Calaveras Natul Preserve, as that Management Plan exists and may be amended. If use consistent with th aforesaid Mitigation Agreement and Management Plan terminate at any time within eighq five (85) years from the date of this grant, then title to the property shall revert to Grantc (or its successors or assigns). Grantor, for itself, its successors and its assigns, hereb reserves the right to re-enter upon failure of this condition. Dated: \\ \ 13 , 191€ ATTEST: ALETHA RAUTENKRANZ, City Clerk By: Mh APPROVED AS TO FORM: RONALD R. BALL, City Attorney - - n //I 456W27 211 3198 By: d-+k I/- / S-?& Addendum -1 - e Dated: i.' t 3 ,19vJ 45600.27 211 3/98 a "Grantee" THE ENVIRONMENTAL TRUST, a California non-profit public benefit corporation By: .3L Title f%dJ-eZ$ By: Title Addendum -2- 0 0 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO 1 On November 23, 1998 before me, Karen R. Kundtz, Assistant City Clerk of the City of Carlsbad, personally appeared Claude A. Lewis, Mayor and Alekha L, Rautenkranz, City e&rk personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) ware subscribed to the within instrument and acknowledged to me that &&he/they executed the same in-/their authorized capacity(ies1, and that by-/their signature (5) on the instrument, the person(s1, or the entity upon behalf of which the person (5) acted, executed the instrument - Witness my hand and official seal. &L&stant City of Carlsbad City Clerk (SEAL) 0 0 STATE OF &Lr l3l-N 1 A 1 ) ss. COUNTY OFSAJ bk~a 1 On I\Sd 3,\44& , before me, QoMNA s - STJCWb, Notary Public, persona appeared ,Mi0 Hc7d SA kt; R - L 9- roved to me on the basis of satisfactory evidence) to be the person whose name &msubscris to the within instrument and acknowledged to me that & Wtttqy exec ed the same in is WLfWr authorized capacity(iea), and that by@hMttMr signature on the instrument, the person(% or the entity upon behalf of which the person&) act( executed the instrument WITNESS my hand and oflicial seal. n ( Signature ' &dM carmyone rrtrvn "" -" I ~"Nolr&2ooo j - (Sei STATE OF 1 COUNTY OF 1 ) ss. On , before me, , Notary Public, personal appeared , personally known to me (1 proved to me on the basis of satisfactory evidence) to be the person(s) whose name( idare subscribed to the within instrument and acknowledged to me that helshelthey exec1 ed the same in hidherltheir authorized capacity(ies), and that by hislherltheir signature( on the instrument, the person@), or the entity upon behalf of which the penon(s) acte executed the instrument WITNESS my hand and official seal. Signature (Sea 4560027 211 3/98 Addendum -4- ""*L"&-. . .- 0 e Exhibit C LEGAL DESCRlPTlON APN 1681050101 SEWER EASEMENT THAT PORTION OF LOTS 'Do AND 'L' OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSEAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FlE'b IN THE OFFiCE OF THE COUNTY RECORDER OF SAlO SAN DIEGO COUNTY, NOVEMBER 16,2896, BEING MORE PARTlCULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 6 OF THAT LAND DESCRIBED II DEED TO CYPRESS VALLEY LLC, A CALIFORNIA LIMITED LIABIUPI COMPANY RECORDED DECEMBER 19,1997, FiLE NO. 19974647243 OF OFFICIAL RECORDS: THENCE ALONG THE WEST LINE OF SAID PARCEL 0, NOM 00'21'43' EAST, (NORTH 0'4056' EAST PER DEED), 459.84 FEET; THENCE LEAVING SAID WEST LINE, SOUTH 10'43'29' EAST, 468.64 FEET TO THE MOST WESTERLY CORNER OF LAND DESCRIBED IN DEED TO GEORGE W. TARRY, ET UX, RECORDED SEPTEMBER 10,1957, FILE NO. 1369% OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID ' PARCEL 6, NORTH 89'36'20' WEST, 90.12 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.478 ACRE MORE OR LESS. JOHN W. HIU, JR. LS. 5669 HUNSAKER 8 ASSOCIATES SAN DIEGO, fNC. PAGE 1 QF I :OA\-\lOll" , wo1ol1-0) 2mm ldae """_ . - I - -. .. I e Q3T 2" 1 QQ mQ mh QV 1 PQF?TJQN LQT %" I- 1 """ ---------~ I aAAiCHQ A OUA HEDlCNDA MAP NO, 823 RWXl6CyMTC(IMO-MW RECWO€D 12/19/1991, fU N# 1997-061Z743 dF"cQ#s APN 1m"m w wbas0-02 " """".", L T OD* i." rse--mI ' ' III I '\\ \ '\ 'I; I I \ \ " r7 OF S MAP. NOa 148'3'5 R OF 5 MAP NQ. 6816 LOT #Dm Am 168-050-29 -A@ 60' HILK tlzEIlEiyt S1674. BJr: m16, #W 5.S Cy \ omctu mcmas -mmPm *\ \ m- 4/01/34 fit€ Alcx 1 \', uem: HUNSAKER ASSOCIATES ).I) afircq IMC - "a" - "chmp, - -*- SCALE lo = 2w' aal\Metwtar -1 SEMREAsareJrPUT-CCrYff~ WJCANR 168-050- SEMR VATlGW CIW, CA 9- A.P.N.: PROJEW. PREPARED 8y: YsYlUlN -MIS rm HDoIlER A%. [619) m'm -W.M&*&5W EasE" - gmp Exhibit