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HomeMy WebLinkAboutCARRILLO RANCHO PARTNERSHIP; 1977-02-15;e * 33 *.;a : .; . ' 1 I -* CARRILLO RANCHO PARKS AGREEMENT THIS AGREEMENT is made this ___ 15thday - of - February I 1977, between the CITY OF CARLSBAD, 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, Development Plan for the property as approved by Ordinance No. 9332, as amended by Ordinance No. 9365, on file in the off. of the City Clerk and incorporated by reference herein; and Partnership having secured a Mas1 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 dedi an approximate 10-acre portion of said park site known as Parc as shown on the map marked Exhibit A, including the historic Carrillo Ranch House, outbuildings, landscaping and other feat to the City of Carlsbad prior to approval of the first final m for a subdivision within the planned community; and 0 * 3, , *I ’% .”. I WHEREAS, said plan provides that Partnership shall dedic the balance of said park site known as Parcel K-1 upon the occu rence of certain events. Pending such dedication, Parcel X-1 shall be reserved for park purposes; and WHEREAS, the park dedications required by said Master P1 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 recreatior purposes as a condition of approval of the subdivision of land Section 20.44.110 provides an alternate procedure for satisfyii the park’s obligation for planned communities. Said Master Pli invokes that alternate procedure and the City has elected to proceed pursuant to said section. The parties desire to incluc 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 provic for the dedication of said site as a part of the overall commu: planning process rather than tying the dedication to the devel1 ment of any particular subdivision. The parties recognize tha the development of said property will take place over a number years and they desire to make prearrangement for the dedicatio of the park site in advance of actual need and subdivision in order to ensure that the community will receive the benefits o the coordinated parks program and in order to allow the park t 2. 4 I? e ,. ** , 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 Partr ship will dedicate Parcel K and Parcel K-1 in advance of the requirements of any individual subdivision. The amount of lanc so dedicated and the value of the improvements on Parcel K 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 WHEFEAS, the parties recognize that conditions change OT 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 &and Parcel K-1 if required, will be us( to the extent available to satisfy Partnership's park require- ments. NOW, THEREFORE, in order to implement the Carrillo Rancl Master Plan, Ordinance Nos. 9332 and 9365, and in consideratioi 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 thi 3. 0 0 . .- .. *I. I Partnership shall furnish City with a policy of title insurance, confirming the vesting of the title in the City of Carlsbad. 2. Marie Antoinette Carrillo Delpy, 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 incorpor. ated by reference herein. Termination of Mrs. Delpy's occupancy and transfer of responsibility for insurance and maintenance shall be in accord with said agreement. 3. Partnership, concurrently with delivery of the deed for thl Parcel K park site, shall deed to the City any easement fo access purposes from Palomar Airport Road to the park site City agrees to quitclaim said easement when Poinsettia Lan shown on the Master Plan, is constructed from the park sit through to El Camino Real,or Poinsettia Lane from the park site to Plelrose 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 ava able. The acreage in Parcel K shall constitute a credit in favor of Partnership to be held on account by City. request of Partnership, the Partnership may use or authori the use of all or part of such credit in satisfying an equ 4. At the 4. e 6; .'. .. .: 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 constitut a credit in favor of Partnership to be held on account by City. At the request of Partnership, the Partnership may 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 Ci Council for approval for any property within the Master P1 the park obligations for said subdivision shall be determi in accord with the provisions of Chapter 20-44. If suffic credit exists in favor of Partnership from the dedication 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. I. 0 0 .I i- *- .!. '. .. Credit in land equivalencies accrued from 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 obligation 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 20.4d 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 prepart 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 The amount of credit in land or improvement value, if any, available to satisfy such requirements shall also be state Partnership shall then have the right to elect whether sai obligation shall be satisfied from any credits remaining o hand. If the statement indicates that there is insufficie credit in land or improvement values on account to satisfy the obligation under Chapter 20.44 for that subdivision, 6. e '_ t 4 Si. , 9 ... , i ... * * , Partnership agrees to deed forthwith Parcel K-1 to the City to be held in account and utilized in accord with this agreement under the same terms and conditions as Parcel K. The parties recognize that the Master Plan is a planning document only and part of the changing process of the City land use planning program. The park site shown on the Mas. Plan reflects the parties best judgment of an appropriate park program for the development as it is currently plannei 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 of the park site or to require additional park sites in City's sole discretion. In the event such a chan 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 from such a change. The 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 location site and boundary of such site in its sole discre Notwithstanding the above, it is the intent of the parties that Partnership will receive full credit for its dedicati of Parcel K to City as soon as feasible and possible under 8. 7. e 0 (9 =ti <. * r. - . 3 .\- e the circumstances. In the event Parcel K-1 or other park lands are dedicated, Partnership will receive full credit c the same basis as Parcel X. 9. City and Partnership agree that each will reserve mutual slope rights and mutual easements for utilities in connect: with and contiguous to Parcel K and Parcel K-1. Said reservation is to be of mutual benefit of each. Slope rig1 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. 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 Master Plan, the title to any land or improvements dedicated or deeded pursuant to this agreemen. shall remain in the City. Any remaining balance of land or improvement value credit not utilized in satisfaction o the requirements of this agreement shall remain on account and shall be available to satisfy the park requirements wh may apply to any future subdivision of the property. 11. 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 propert to other parties who become the subdivider, the credits available pursuant to this agreement may be made available a. 0 -1 . - 0 . ,. r ' h* -t..: Ck P.. ,, . to satisfy the obligation of said subdivider upon receipt of written authorization by City from Partnership indicatii the amount of such credit to be made available. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF CARLSBAD, a Municipa Corporation of the State of ATTEST : California MARGARET E. ADAMS, City Clerk NORA K. GARDINER, Deputy City Clerk ATTEST : CARRILLO RANCHO PARTNERS J-.e4%?&+ g APPROVED AS TO FORM: , City Attorney */ 9.