HomeMy WebLinkAboutContinental Homes; 1994-09-21;m 0 -.
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i #
September 21, 1994
TO: KEITH BEVERLY, SENIOR MANAGEMENT ANALYST
FROM: Karen Kundtz, Assistant City Clerk
PARKS AGREEMENT FOR RANCHO CARRILLO MASTER PLAN - MP-l39(E)
Per our phone conversation this date, I am sending you a copy 1 the correspondence, dated September 15, 1994, from James A. Le A.I.A. to Chris Chambers of Continental Homes, which we receiv in the mail.
In his letter, Mr. Leary, representing Scripps, indicates that Scripps will not sign the Dwelling Unit Credit Allocation sect of the Parks Agreement, and believes that they are not accurat represented in the document.
As I explained after the Parks Agreement was approved by Counc
the County Recorder will not accept an agreement for recordati which is not fully executed (signature block for Scripps, on P
2 of Exhibit B, has not been signed), and does not contain acknowledgments for all signatures on the document.
As you suggested, I contacted Mike Howes, of Hofman Planning Associates, who agreed to pick up the original document and obtain the necessary signature and notarial acknowledments on document and return it to me. The document was picked up on
August 9, 1994.
In addition to contacting you today, I also spoke to Mike Howe today and faxed him a copy of Mr. Leary's letter. He indicate
that all of the other property owners' signatures on the
agreement had been acknowledged, and that the document was the given to Scripps to sign and acknowledge.
Since Scripps has refused to execute the document, as stated i Mr. Leary's letter, please let me know how you wish us to proc with this matter.
EN R. KUNDTZ gL ssistant City Clerk
Attachment
c: City Manager City Attorney
- J*&@JLzg i, a H LMw
ARCHITECTURE
AND PLANNING
September 15, 1994
Mr. Chris Chambers Continental Homes
12636 High Bluff Drive, Suite 300 San Diego, CA 92130
Re: Rancho Carrillo Parks Agreement Scripps Memorial Hospital Carlsbad, California SH NO. 87-0401 Archicectgs Project No. 23902.10
Dear Chris:
I received a copy of the Parks Agreement, ostensibly for notarization on September 6, 1994.
As there are no signature lines and references to Scripps Hospital in the Preamble or the Recitals, I am not sure t Scripps is intended to be a party to the Agreement, althc they should be a party.
Further, I am most alarmed about the indications in Exhik
rtBrt that the property owners have agreed to the credits c You have apparently assumed that Scripps doesn't have ani credits and that Woodward retained all the credits from t land purchased from him by Scripps. Such is not true. Scripps purchased 70.1 acres, more or less, of the 141 ac owned by Woodward-Meister. The Woodward-Meister holdings represented 21% of the 678 acre Carrillo Ranch. This mee that per the original 1977 Parks Agreement, Scripps is entitled to 10.32% of the park credits, after excluding Ponderosa Homes. Therefore, unless and until Scripps is accurately represented in the document, they will not ex€ the Agreement and will, in fact, resist any effort to prc the Agreement as it exists through the City. &&&
ames A. Leary, A.,I.A.
JAL/ bj m
cc: Karen Kundtz/City of Carlsbad Stephen Benavides/Woodward Merrill Lynch Pat McCardle/UDC Homes
9845 ERMA ROAD SUITE 205A SAN DIEGO CALIFORNIA 92131 (619) 695-0444 FAX (619) 695-8922
MEMBERS AMERICAN INSTITUTE OF ARCHITECTS
memo
L, P5 A>&/ /g&&/i &gJyJ - //~+G$y-”-~ ..’
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Kellew pfiics COPY & PRINTING SERVICE -
434-1 067 FAX: (61 9) 434-5630
IN CARLSBAD VILLAGE NEXT TO POST OFFICE Open Daily 8:30-5.30 - Saturday9.00-2:00 281 4 ROOSEVELT CARLSBAD -
August 8, 1994
Mike Howes Hofman Planning Associates
RE: PARKS AGREEMENT FOR RANCHO CARRILLO MASTER PLAN - MP-l39(E)
Enclosed is the original Parks Agreement for the Rancho Carrillo Master P' which was approved by the City Council on June 14, 1994. Before we will be i to have the agreement recorded, all sisnatures of the wopertv owners musl notarized. This includes the signatures on "Exhibit B", the dwelling unit crf allocation. Also, please note that all parties to "Exhibit B" need to siqn document.
As we discussed, please have this accomplished as soon as possible, and plc give us a call if you have any questions.
Thanks for your assistance in this matter.
G REN KUNDTZ Assistant City C1 erk
Enc.
(NOTE: Document to be picked up by Mike Hawes)
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2,
0 0
Recording Requested By
When Recorded Return To:
and
PARKS AGREEMENT
FOR
CITY OF CARLSBAD - MP 139(E)
RANCHO CARRKLO MASTER PLAN
0 0
RANCHO CARRILLO PARKS AGREEMENT
day of THIS 1994 PARKS AGREEMENT ("Agreement") is made this - between the CITY OF CARLSBAD, a municipal corporation of the State of Califc
(hereinafter referred to as "City") and L&W Investments, Inc., a California corporation,
Continental Homes (hereinafter referred to as "Continental Homes" or Developer) and R
Dealers Ltd. (hereinafter referred to as "UDC" or Developer).
RECITALS
WHEREAS, in 1977 the City entered into an agreement (the "1977 Agreement") wid
Carrillo Rancho Partnership for the dedication for park purposes of a (i) 10 acre parcel of
and (ii) structures situated thereon valued at $97,500.00. The City accepted ownership of
parcel on February 15, 1977. This agreement established that the amount of land dedicatec
the value of the improvements on this land will be maintained on account by the City t
drawn upon as a credit against park-in-lieu fees required by subsequent subdivisions ir
Rancho Carrillo Master Plan; and
Whereas on July 1, 1986 the City of Carlsbad adopted Ordinance 9810 which establishc
Growth Management Program which requires public facilities concurrent with need; and
Whereas on September 23, 1986 the City of Carlsbad approved Resolution No. 87-97 ado
the Citywide Facilities and Improvement Plan and Resolution No. 87-96 which establ
performance standards for parks and other facilities; and
Whereas on March 3, 1991 the City approved Resolution No, 91-76 adopting the Zone 18 1
Facilities Management Plan which provided a detailed description of the buildout potenti
Zone 18 including the area of the Rancho Carrillo Master Plan and established the p
facilities requirements for the development of this area including the requirement foi
dedication of 8.5 acres of park land based on a maximum buildout of 2091 units w
population generation rate of 2.471 residents per unit; and
Whereas the City's 1992 Growth Management Monitoring Report reduces the popul
generation rate from 2.471 residents per unit to 2.318 residents per unit, based on the maxi
number of units, 2091, permitted by the Zone 18 LFMP there could be up to 4,846 resic
within the Rancho Carrillo Master Plan, with a requirement of three (3) acres of park lanc
1,OOO residents this would generate a need for 14.5 acres of park land dedication based on
numbers; and
1
0 W
Whereas there is an existing park credit of 8.8 acres from the 1977 park land dedication,
results in the requirement for a maximum dedication of an additional 5.7 acres of park
based on the maximum buildout of 2,091 units allowed by the Zone 18 LFMP. The Ra
Carrillo Master Plan only permits a maximum of 1,982 dwelling units, while the actual nul
of units being constructed may be substantially less thereby significantly reducing the dedic
requirement; and
Whereas, Section 21.38.060(5) of the City's Municipal Code establishes a procedure
guidelines for the dedication of park land in Master Plans; and
Whereas, on February 15, 1993 the City's Parks and Recreation Commission recomme
approval of the acreage proposed for dedication as shown on Exhibit A, attached; and
Whereas, on August 3, 1993, the City duly adopted, as Ordinance No, NS-247, the &
Carrillo Master Plan which designates the area to be dedicated to the City for park lanc
requires the Developers of the Rancho Canill0 Master Plan to enter into an agreement wil
City regarding said dedication; and
Whereas, it is the intent of the Developers of the Rancho Carrillo Master Plan to complj
the requirements of all of the previous recitals.
NOW, THEREFORE, in order to implement the Rancho Carrillo Master Plan, Ordinanci
NS-247, and in consideration of the mutual promises and obligations of the parties st
herein, it is agreed as follows:
A. Owners' Responsibilities
1. Concurrent with the approval of the Master Plan Amendment, the develop
the Rancho Carrillo Master Plan will offer for dedication approximately
acres free and clear of any liens as generally shown by Exhibit "A" and ider
as "Site Plan" by Parks and Recreation Commission Agenda Bill a93-4.
dedication shall be accepted by the City and appropriately recorded on or 1
the approval of the first fmal map within the Master Plan.
The Master Plan applicants shall ensure to the satisfaction of the City En,
that utilities remain available to the park site at all times during the Maste
development unless prior approval is secured from the City. Joint trench ar
utilities shall be accessible to the park from Melrose Avenue or the col
street serving Village 0 adjacent to the future entry road into the park si
reasonable effort shall be made to locate the stubs to the satisfaction of the
The costs to bring the utilities into the park will be the responsibility of tht
2.
2
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3. Vehicular access to the park will be provided by the Master Plan appli
during all phases of development of the Master Plan to the reasonable satisfa
of the Parks and Recreation Director. After the completion of grading i
vicinity of the park, permanent vehicular access to the site shall be providc
the Master Plan applicants from Melrose Avenue via an access easement thl
a cul-de-sac on property owned by Continental Homes as generally show
Exhibit A. This access shall be graded to City standards with sufficient wi
accommodate a 36’ curb-to-curb road and improved with decomposed grani
allow for an all weather access to the park site, until the City devek
permanent entrance at this location.
If Village S is not utilized by the San Marcos Unified School District for a s
site, the City of Carlsbad shall have first right of refusal to purchase Vi
for park purposes. If the City decides not to purchase Village S, then a pc
of Village S, approved by the Parks and Recreation Director, which apF
shall not be unreasonably withheld, and suitable to provide nonexclusive
access from Poinsettia Lane, emergency vehicular access to the park and pa
for 50 cars near the traditional entrance to the park site shall be dedicat
additional park land.
4.
5. The Master Plan applicants shall provide an all weather emerl
vehicular/pedestrian access, as shown on Exhibit A, between Village S ar
park site at the base of the slope created by the construction of Melrose I
subject only to minor field adjustments reasonably approved by the Park
Recreation Director.
For purposes of maintaining public utilities the Master Plan applicants
provide access roads, acceptable to the City, as shown on Exhibit A.
Temporary security arrangements for the ranch compound and historic stru
shall be provided during grading to the satisfaction of the Parks and Recr
Director.
The Master Plan applicants shall construct a sewer line (shown on Exhibit
provide sewer service to the park site. If this sewer line must cross the cr
enter the park site adjacent to the gate house, it shall be concealed by a ped€
bridge or other manner acceptable to the City.
6.
7.
8.
3
0
B. City’s Responsibilities
1. Upon accepting the 16.4 acres, which includes dedication of unconstrained
in excess of the Master plan maximum requirement of 5.7 acres as shov
Exhibit A, the City shall accept all maintenance and liability of all land, SI
trails and drainages within the dedicated area upon recordation of the trans
ownership, except for areas required to be maintained or monitored by 01
such as riparian mitigation. The City shall accept maintenance and Liz
responsibility upon conclusion of such maintenance and monitoring obligal
Upon or prior to commencement of physical development activities with
Rancho Carrillo Master Plan the City shall quitclaim or vacate as approprial
interest in the existing access easement from Palomar Airport Road.
The City shall accept all access easements described in Section A (0
Responsibility) and shown on Exhibit A as being adequate to serve the (
needs.
As part of the park development process, if deemed appropriate, it shall 1
City’s responsibility to provide permanent perimeter fencing.
Reasonable requests for access, temporary easements and other items rela
the construction of Master Plan infrastructure such as sewer, roadway cu
and storm drains shall be granted by the City.
By this agreement, the City acknowledges that the Master Plan applicanQ
met their park land requirement through the 1977 park land dedication, the
of the improvements on that land and the additional dedication of 16.4 acre,
park-in-lieu fees will be required for the development of up to 1,982 units.
figure is based on the assumption that the school site and community facili
are developed for residential purposes. Credits for the school site (Conti
Homes 43 units plus UDC 104 units) and the community facility site (Conti
Homes - 19 units) shall not be used unless and until those sites are develop
residential purposes.
Dwelling unit credits have been allocated among the property owners as
on Exhibit B, attached. No distinction between attached or detached du
units is intended.
2.
3.
4.
5.
6.
7.
4
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8. Credit Transfers and Termination - The credits may be transferred amoni
above named parties or to their successors. A transferring party shall not ac
payment for such credits in excess of the park-in-lieu fee in effect at the tin
such transfer. Evidence must be presented to the City by any party wishii
record a Final Map that it has or has acquired park-in-lieu fee credits i
amount equal to the number of dwelling units on such Final Map. It i
intention of the Master Plan applicants and the City that the credits will be
in connection only with the 1,982 dwelling units allowed by the Master
Therefore, any "unused" credits shall terminate after all units allowed b:
Master Plan have been developed.
This text and exhibits constitute the entire agreement. This agreement may be enforced t
action for specific performance and/or other action(s) permitted at law or in equity.
prevailing party in such action(s) shall be entitled to attorney's fees and costs of litig
provided that the parties first agree to submit any dispute to the City Council.
IN WITNESS WHEREOF, the parties have executed this Agreement of thc
first hereinabove set forth.
CITY OF CARLSBAD
A Municipal Corporation of the
State of California
ATTEST:
BYB CLAUDE A. LEWIS, Mayor
ALETHA RAUTENKRANZ, City Clerk
L & W INVESTMENTS, INC., a Calij
corporation, dba. Continental Homes
AM- J. CHAMBERS CHRI$OPaEk
Vice President
APPROVED AS TO FORM:
BY
RONALD BALL, City Attorney
BY &l.dLdG ld&
BY / dt2?4&LtL
XAaec+% bdELbd,
REALTY DEALERS LTD.
PAT McCARDLE
5
e 0
EXHIBIT B
DWELLING UNIT CREDIT ALLOCATION
Pursuant to the 1977 Park Agreement 10 acres of park land with structures valued at $97
were dedicated to the City of Carlsbad. Of this 10 acres, 1.73 acres were credited tc
existing Ponderosa Homes project resulting in a remaining credit of 8.27 acres. The Ra
Carrillo Master Plan Amendment will provide, at a minimum, 5.7 net acres of unconstri
park land for a total of 13.97 net acres of park land. Per agreements between the pro
owners, the following credits have been established for this park land and structures dedica
Woodward/Merrill Lynch: 4.38 acres 31.35%
Continental Homes: 8.59 acres 61.50%
UDC: 1 .OO acres 7.15%
0.00 acres 0.00%
Total 13.97 acres 100.0%
scripps: _---------- ----------_---
The Rancho Carrillo Master plan allows for a maximum of 1982 residential units assumir
school site and community facility site are developed for residential purposes. For purpo!
calculating park credits, the following formula will be utilized:
Maximum number of units allowed by the Rancho Carrillo Master Plan (1,982) di
by the net dedicated park acreage, 13.97 acres equals 141 units per acre of park
for each of the property owners of the Rancho Carrillo Master Plan:
Woodward/Merrill Lynch: 621 dwelling units
Continental Homes: 1,219 dwelling units
UDC: 142 dwelling units
scripps: 0 dwelling units
Total 1,982 dwelling units
_______-__--____-------
Page 1 of 2
MOL Mdu-6 as& 13ydu
NAME. TITLE OF OFFlCER - E.G. 'JANE DM. NOTARY UC
enq L, i'dc 5 9 NAME(S) OF SIGNER(S)
State of W\ wam lfi
Countyof sm bG0
On a%efore DATE me,
personally appeared Stenha- B
personally known to me - OR - proved to me on the basis of satisfactory evidence
to be the personwhose name(s)-is/afe
subscribed to the within instrument and
acknowledged to me that he/--
executed the same in his/-
authorized capacityw and that by
hidherhheir signaturewon the instrument
the person(sr;or the entity upon behalf of
which the persomacted, executed the
instrument.
'a/
SIGNANRE OF NOTARY
CAPACITY CLAlMEl
0 INDIVIDUAL
0 CORPORATE-
OFFICER(S) -
PARTNER(S)
0 0 AllORNEY-IN-Fb 0 TRUSTEE(S)
GUARDtAwCON 0 OTHER: -
SIGNER IS REPRE
"'OF PERSON(S) OR E'
e *
No distinction between single family and multifamily units shall be made for purposes
applying the above credits. For example, if UDC wished to build 50 condominium units
50 single family units they would pay no park-in-lieu fees and their remaining dwelling
credits would be reduced from 142 to 42.
Credits for the school site (Continental Homes 43 units, UDC 104 units) and the commr
facility site (Continental Homes A9 units) shall not be used unless and until those sites
developed for residential purposes.
Agreed and Acknowledged:
L & W INVESTMENTS, INC., a California Corporation, dba. Continental Homes
BY 2s zzqq
CHRIST@PI&@ J. CHAMBERS Date
Vice President
a- -a>- ~j(/
Date
BY c. L42AW
?LAURIE. E. wmw M.) FLbodbd
,J?fAssis~~ secretary
REALTY DEALERS LTD. -
a
BY a-VPJ
SCRIPPS HOSPITAL
BY JIM LEARY Date
2-Jb-W
Date
-4
2
Page 2 of 2
0 W
June 14,1994 Page 3
ITEM REMOVED FROM THE CONSENT CALENDAR: (Continued)
Staff indicated the map attached as Exhibit A states all areas are approximate only, and s
to further refinement, and that staff will monitor the parcels of property involved to make (
the intent of the agreement is met on the tentative and final maps. It was also noted th
access will have to be maintained to the satisfaction of the Parks and Recreation Direct0
that the quitclaim is necessary for the developer to begin grading.
By consensus, Council requested that wording be placed on the map marked Exhibit 'A' tc that it is a general depiction.
ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION N
161, approving an agreement between the City of Carlsbad and the R
Carrillo property owners for the provision of additional parkland to the I
Carlsbad, and authorizing the Mayor to execute said agreement
Lewis, Stanton, Kulchin, Nygaard and Finnila AYES:
PUBLIC COMMENT:
There were no requests to address the Council on a non-agenda item.
PUBLIC HEARINGS:
4. AB #12,736 - APPEAL OF PLANNING COMMISSION DENIAL OF GPA 933LCPA 933/ZC
ENCINAS CREEWMORGAN.
Paul Yrisarrf, representing the applicant, read from a prepared statement, a copy of whic
provided to the City Clerk. He stated that the area around and near this property has
approved for commercial uses, and therefore, the applicant feels that commercial use
property is appropriate.
Mr. Yrisarri stated that historical access has been available to this property from Laurel Tree
and that denial of this access by the City will landlock the site. He indicated that the develo
of Palomar Airport Road has caused a large increase in the owners' property taxes due
benefits assessed under Mello Roos, which the property owners cannot afford, and reqi
approval of the zone change.
Mayor Lewis opened the dufy noticed Pur ': Hearing at 6:30 p.m., and issued the invita
speak. SW RCI one wished to speak OD this matter, Mayor Lewis closed the Public He;
ACTIOt# On motion by Council Member Kulchin, Council adopted RESOLUTION fl
157, upholding a Planning Commission denial of General Plan Amendment
Local Coastal Program 93-03, and Zone Change 93-03 for property Ioca
the south side of Palomar Airport Road east of its intersection with C
Boulevard/future Alga Road.
Lewis, Stanton, Kulchin, Nygaard and Finnila AYES:
0
AGREEMENT
0
THIS AGREEMENT is made thisafo% day of 5 ,19L*etM,
the CITY OF CAFUSBAD, a municipal corporation of the State of California, herein;
referred to as CITY, and CONTINENTAL HOMES, INC., PACIFIC SCENE, INC., I
HOMES, INC., WOODWARD/MERRILL LYNCH, AND SCRIPPS HOSPITAL here&
referred to as "APPLICANT".
RECITALS
WHEREAS, the APPLICANT has filed with the CITY a request for apprl
of a proposed project identified as the Rancho Carrillo Master Plan Amendment, Gen
Plan Amendment, Hillside Development Permit, and Special Use Permit, requiring
Environmental Impact Report; and
WHEREAS, CITY has determined that its current staff is inadequatl
number to process the proposed, Environmental Impact Report in a timely and thorc
manner; and
WHEREAS, CITY has determined that to proceed with the processing of
Environmental Impact Report it will be necessary to hire a consultant to aid staff witl-
monitoring and processing of such; and
WHEREAS, APPLICANT in order to ensure the expeditious processing of
Environmental Impact Report desires to pay to CITY the amount necessary to
CONSULTANT.
1 REV. 4/2!
0 e
NOW, THEREFORE, in consideration of the covenants and conditions,
agreed as follows:
1. The CITY will engage the firm of RECON hereinafter referred tc
"CONSULTANT" to perform the necessary work in the processing
monitoring of the Environmental Impact Report for that area n
particularly depicted upon a site map attached as Attachment "A"
made a part of this agreement.
It is understood that the CONSULTANT services shall conform to
Proposal attached as Attachment "B" and made a part of
agreement, and may require:
a) Field exploration;
b)
c) Written reports; and
d)
2.
Weekly communication with the CITY staff;
Such other work necessary to properly evaluate the prop'
project as directed by the Planning Director.
3. It is understood that the CITY will direct the CONSULTA"
complete a draft and final Environmental Impact Report at the ear
feasible time. The CITY will advise the APPLICANT in writing of
impacts which may render the proposed project unfeasible with
reasonable time after CITY has received the CONSULTA
conclusions in writing.
The APPLICANT shall pay to the CITY the actual cost of
CONSULTANTS services. Such cost shall be based on the cost
forth in Attachment "B". The APPLICANT has advanced the sun
4.
2 REV. 4/21
0 0
$219,409.08 as payment on account for the actual cost of
CONSULTANT’S services. In the event it appears, as the v
progresses, that said sum will not be sufficient to cover the ac
cost, the CITY will notify the APPLICANT of the difference bem
the amount deposited and the new estimated cost. CITY will ens
to the extent feasible, that no further work will be performed by
CONSULTANT incurring an obligation beyond the amount advaI
without an appropriate amendment to this Agreement. If the ac
cost of preparing the report is less than the APPLICANTS adva
any surplus will be refunded to APPLICANT by CITY.
It is understood that the CONSULTANT shall be an indepenc
contractor of the CITY. The APPLICANT agrees to permit
CONSULTANT to enter upon his property and to perform all v
thereon as the CONSULTANT deems necessary to complete the
Environmental Impact Report. It is agreed that the APPLICANT
not interfere with the CONSULTANT in the performance of such v
or attempt to influence such CONSULTANT during the course 0:
investigation and report.
It is understood that the CITY will attempt to bring the Environme
Impact Report to Planning Commission and City Council as so0
possible, barring no delays from the APPLICANT.
5.
6.
...
...
3 REV. 4/2:
Any certificate of acknowledgement taken within this state shall be in substantially the following form:
STATE OF CALIFORNIA 1
COUNTYOF San Di 1 i On January id~!v 1 before me, a notary public in and for said state, personally app
,~PY 4- 1pay-V
personally known to me or (or proved to me on the basis of satisfactory evidence)
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he or she executed the same in the capacity(ies) indicated
t
$ g 5 at the signature point. n
WITNESS my hand and official seal. NOTARY PU3LIC.CALIFORNIJ s In
, \ SAN DIES0 COUNTY 1 Signature ‘/,j++? ,(M dL,J LC/~dPA.-..-.-
( I, /” ‘I Capacity of Signator; Notary P~hl, i.r, (Seal)
I 1 Any certificate of acknowledgment taken in another place shall be sufficient in this state if it is taken in accordance with the of the place where the acknowledgment is made.
3403 (R12/90)3
9 -, 0 0
IN WITNESS WHEREOF, the parties hereto have executed this agreement on thc
and year first above written.
Executed by APPLICANT this \b* day of Auxq ,19qz.
APPLICANT: CITY OF CARLSBAD, a municipal
corporation of the State of California
ScEtIPps LVIENORIAL HOSPITALS
By:
ATTEST:
mes A. Leary, A.I.A.
(print name here)
ALETHA L. RAUTENKRANZ James Leary Architecture and
Planning for Scripps Memorial Ho-als City Clerk
(title and organization of signatory)
(Proper notarial acknowledgment of execution by APPLICANT must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporat
If only one officer signs, the corporation must attach a resolution certified by the secri
or assistant secretary under corporate seal empowering that officer to bind
0
r
f+ corporation.)
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney 4
Gl--@.Q. k Y
BY Deputy City Attorney
L* IC; *qz.
4 REV. 4/2
GENERAL ACKNOWLEDGMENT
On this the 11 day of 19% December
Ricki Gem Clavier Countyof Sari Dieao
the undersigned Notary Public, personally appeared ;q h Q Jon B. Werner
kh h
h
KXpersonally known to me
r proved to me on the basis of satisfactory evidence
to be the person(PI) whose name@) was subsc
within instrument, and acknowledged that he
WITNESS my hand and official seal.
PubEc-oollfon\lcr
z-zs ,--- -Cd 3-w ~~%~x~>~~g
7110 122 NATIONAL NOTARY ASSOCIATION 2301 2 Ventura Blvd P 0 Box 4625 Woodl.
0 0
IN WITNESS WHEREOF, the parties hereto have executed this agreement on thr
and year first above written.
Executed by APPLICANT this 11th day of December ,1992 .
APPLICANT: CITY OF CARLSBAD, a municipal
corporation of the State of California
4
c
r
1 By: .,/&t Al(,tdhku/\, ::"$ here)
i
-dbLz I3 LyL*-Mej?r.
(print name here)
<JC d P
(title and organization of signatory)
(Proper notarial acknowledgment of execution by APPLICANT must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporat
If only one officer signs, the corporation must attach a resolution certified by the secrc
or assistant secretary under corporate seal empowering that officer to bind
corporation.)
APPROVED AS TO FORM:
e
d8
VINCENT F. BIONDO, JR.
City Attorney
BY L f2.L
Deputy City Attorney 2 -I p c2
4 REV. 4/2
State of California 1
County San Diego 1 ) ss.
On the 9th day of December , 1991, before
me, the undersigned notary public, in and for said state,
personally appeared Herb Palmtag
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/ subscribed to the within instrument and acknowledged to me t he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the persones), or the entity upon behalf of which the person(s) acted, executed the instrument.
official seal.
(Seal)
and\'
WITNESS my hand
Signature L/- &L>\&L+ , y&,+&KL
NOTARY PUBLIC CAClFOR SBN DIEGO COUNTY
0 @
IN WITNESS WHEREOF, the parties hereto have executed this agreement on tht
and year first above written.
Executed by APPLICANT this 9 th day of DCcbL ,19% .
CITY OF CARLSBAD, a municipal
corporation of the State of California GK+\ s.&
By: bid Lk
UDC HOMES, Ikd.
(sign here) u
lts"c6LR P&\+be-
(print name here)
UDc kt 5Q.J-Vuh LI:,P<Pclu
(title and organization of signatory)
(Proper notarial acknowledgment of execution by APPLICANT must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporal
If only one officer signs, the corporation must attach a resolution certified by the secrc
or assistant secretary under corporate seal empowering that officer to bind
corporation.)
APPROVED AS TO FORM:
8
f
VINCENT F. BIONDO, JR.
City Attorney
BY 7
Deputy city Attorneyt. /g , f 2 *
4 REV. 4/2. a
'I
-
CORPORATE ACKNOWLEDGMENT
C_ personally known to me
?j!C proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as ,&k%&!-d vf-dm.-or on behalf of the corpc
named, lnd acknow!edged to me that the corporation exec
WITNESS my hand and official seal.
Notary’s Signatge 0
THIS CEFlTlRCATE MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT
Titre or Type of Document
Signer(s) Other Than Named Above
NATIONAL NOTARY ASSOCIATION * 8236 Rernmet Ave -PO BOX 7184 7120 122
IN WITNESS WH a ,OF, the parties hereto have execute d), ‘s agreement on the
and year first above written.
Executed by APPLICANT this ,/sa day of FW , 19 4 2.
/ /’
APPLICANT: CITY OF CARLSBAD, a municipal
corporation of the State of California
/
/’ L&W INVESTMENTS, INC.
(Doing business as Continental By:
Homes ) City Managd’or Mayor
ATTE sr
8
(Print name here)
2)Christopher J. Chambers
(Print name here)
1) Assistant Secretary - -
(Title and organization of signatory)
2)Vice President of Land Development
(Title and organization of signatory)
.I (Proper notarial acknowledgment of execution by APPLICANT must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporat
If only one officer signs, the corporation must attach a resolution certified by the secrf
or assistant secretary under corporate seal empowering that officer to bind
corporation.)
APPROVED AS TO FORM:
s
VINCENT F. BIONDO, JR. cityv BY
Deputy city Attorney 2 , 15. 9 ‘L, .
4 REV. 4/2
I 2 STATE OF CALIFORNIA )ss.
0 COUNTY OF OranGe )
li On- December 9, 1991 ,before me, the undersigned, a Notary Public in and for
i- c
0
3 c said State, personally appeared-An E* WOOdiward
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c personally known to me (or proved to me on the basis of satis-
factoryevidence) to be the person(s) whose name(s) is/aresub-
scribed to the within instrument and acknowledged to me that
LL
3
.- U he/she/they executed the same.
I - N
WITNESS my hand and official seal.
7 EflLz: (This area for official notarial seal'
0 0 * Signature
* 0
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
and year first above written.
Executed by APPLICANT this 9th day of December ,19 91 .
APPLICANT: CITY OF CARLSBAD, a municipal
corporation of the State of California
.' By:
b.
(Roper notarial acknowledgment of execution by APPLICANT must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporat
If only one officer signs, the corporation must attach a resolution certified by the secrc
or assistant secretary under corporate seal empowering that officer to bind
corporation.)
APPROVED AS TO FORM:
B
VINCENT F. BIONDO, JR.
City Attorney
BY A&,
Deputy City Attorney 249 hqz 0
4 REV. 4/2