Loading...
HomeMy WebLinkAbout1980-10-28; City Council; 6238-2; Final Map Rancho Santa Fe Knolls/-—"^ 2 (•3 0CITY OF CARLSBAD V ^;CW:mmt y «^rv " « - " ~ Initial:^-AGENDA BILL NO . 6> ^3^. DATE: _ October 28, 1980 _ _ c> Atty \f DEPARTMENT: Engineering _ . _ C* Mgr> SUBJECT: FINAL MAp _ CT 75_9B (RANCHO SANTA FE KNOLLS - UNITS 1 & 2) STATEMENT OF THE HATTER Engineering staff has completed checking the Final Map of Carlsbad Tract 75-9B, Units 1 and 2, (140 single-family unit project) known as Santa Fe Knolls, for conformance with the State Map Act and applicable local ordinances of the City of Carlsbad. The project is located on 32.7 acres south of Rancho Santa Fe Road, and west Of La Costa Avenue extension and includes the Stage Coach ruin's !12.5 acre park site. The Parks & Recreation Department recommends acceptance of the grant deed. Agreement between the owners and San Dieguito School District concerning future high school site is attached per condition No. 12. The Final Map conforms to the conditions of the Tentative Map approved on June 3, 1980 by City Council per Resolution No. 6200 of Planning Commission Resolution No. 1615. FISCAL IMPACT VAny fiscal impact upon the public will be mitigated by the payment of Public Facilities Fees. Increases in demand for City services will be offset by the payment of Public Facilities Fees. EXHIBITS 1 . Vicinity Map 2. Final Map (wall exhibit) 3. Agreement between school district and applicant 4. Resolution No. RECOMMENDATION That City Council : 1. Approve the agreement between San Dieguito High School District and applicant, as required by Condition No. 12 of Council Resolution No. 6200. 2. Adopt Resolution No £>3 3^ accepting a grant deed for 12.5 acre park site as granted by applicant and required in compliance with Condition No. 3 of Council Resolution No. 6200. 3. Approve the Final Map of Carlsbad Tract 75-9B, Units 1 and 2. AGENDA BILL NO. 6238 - Supplement #2 Page 2 Council Action: 10-28-80 Council approved the agreement between the applicant and San Dieguito High School; Council adopted Resolution 6338, subject to changing the wording to require re-execution of the deed; and Council approved the Final Map of CT 75-9B, subject to submittal and approval of the new deed . h />'C 3 San Marcos AGREEMENT THIS AGREEMENT is made on October 23 , 1980, between the SAN DIEGUITO UNION HIGH SCHOOL DISTRICT, a California union high school district {"District"), and LA COSTA LAND COMPANY, an Illinois corporation ("La Costa"), who agree as follows: 1. This Agreement is made with reference to and in contem- plation of the following facts: (a) It is the intent of District and La Costa to evidence the satisfaction of Condition 17 of City Council of City of Carlsbad Resolution No. 4072 as amended by Condition 12 of City Council of City of Carlsbad Resolution No. 6200, which condition, as amended, states in pertinent part: "That portion of Exhibit 'X' dated March 11, 1980, labeled future High School Site, shall be included within the boundaries of the final subdivision map for Unit 1. [La Costa] shall reach an agreement with San Dieguito Union High School District to ensure that necessary school site will be provided and resolve the status of the reserved site." (b) La Costa will cause "[tjhat portion of Exhibit 'X1 dated March 11, 1980, labeled future High School Site", which constitutes approximately 88 acres, to be included within the boundaries of the final subdivision map for Unit 1 of the sub- division commonly known as Santa Fe Knolls. It is, however, the desire of District to develop only approximately 50 net usable acres as the high school site. (c) After extensive negotiations. District and La Costa have reached an agreement to ensure that the site will be provided and have resolved the status of the reserved site. It is the intent of District and La Costa to document such agreement by entering into this Agreement. Both parties acknowledge that further acts will be necessary to implement the basic agreement contained in this Agreement, but because of, for example, the 10/23/80 12:00 noon District's inability to determine by November 1, 1980, the speci- fic approximately 50 net usable acres required by the District for the future high school site. District and La Costa desire to memorialize the agreement reached to this date. (d) District and La Costa acknowledge that this Agreement is entered into in anticipation of approval by the City Council of Carlsbad of Master Plan No. 149(E) so as to allow development of approximately 8,000 additional dwelling units in the Master Plan area within the La Costa community by the year 2000. This subparagraph $hall not be deemed to preclude any future amendment • of the Master Plan. 2. La Costa shall reserve the approximately 88-acre site for a potential future high school site on the final subdivision map for Unit 1 of Santa Fe Knolls. La Costa hereby grants to District an option to purchase approximately 50 net usable acres of the 88 acres in accordance with the conditions and provisions of this Agreement. 3. a. La Costa shall reserve the entire approximately 88-acre site for a period of 18 months after the date of this Agreement. Within said 18 month period District shall notify La Costa in writing (accompanied by appropriate graphic illustration and acceptable legal description) of the approximately 50 net usable acres which the District reasonably determines is required for the future high school site. Such determination shall not make development of the remaining portion of the 88-acre site for residential use economically infeasible. La Costa shall reimburse District for fifty percent (50%) of the architectural fees incurred by District in connection with such determination; provided, how- • ever, that La Costa shall not be obligated to reimburse District . more than ?2,500.QO for such fees. District shall be responsible for all other costs of such determination. Upon determination of the approximately 50 net usable acre site, (1) the District -2- immediately shall quitclaim all of its right, title and interest in and to the balance of the 88 acres to La Costa or its assign or nominee, and (2) La Costa and District, at La Costa's expense, immediately shall take all necessary and appropriate actions to cause the establishment of the approximately 50-acre site as a separate legal lot or lots and to cause any master and general plan changes and rezoning necessary and appropriate to permit residential development of the balance of the 88-acre site consistent with adjacent residential use. b. At any time after such determination has been made . but on or before the date 36 months after the date of this Agreement ("option period"), District shall have the right to exercise its option to purchase the approximately 50 net usable acre site by giving written notice to La Costa and depositing the full amount of the purchase price into an escrow to be opened by District and La Costa to consummate the conveyance at Title Insurance & Trust Company (San Diego _main office). Said escrow shall'close no later than December 31, 1983, by the recordation of the conveyance by La Costa to District and the release by the escrow holder of the purchase price (minus normal seller's costs of escrow) to La Costa. If District fails to exercise its option within the option period, District shall have no right to purchase the approximately 50 net usable acre site under the option granted under paragraph 2 of this Agreement. c. If District fails to exercise its option within the option period, La Costa thereafter shall continue to reserve the approximately 50 net usable acre site as a potential future high school site until the earlier of (1) written notification from District to La Costa that District has determined that the site is not necessary for a high school or (2) December 31, 1995. La Costa hereby grants to District an option to purchase the ap- proximately 50 net usable acre site during the period described in the immediately preceding sentence, for a purchase prdcc equal -3- to the fair market value of the approximately 50 net usable acre site as the highest and best residential use and without regard to the reservation. The fair market value shall be determined by an appraiser or panel of appraisers as provided in paragraph 8 of this Agreement. The other provisions and conditions of the purchase and sale shall be as mutually agreed. 4. La Costa, at its expense shall cause the installation of a 14-inch water main to be brought to the southwest corner boundary of the school site in connection with the residential development of adjacent property. District shall be responsible for connection and on-site installation and connection fees and service charges. 5. La Costa, at its expense, shall cause the installation of a sewer line with sufficient capacity to serve the needs of a 2,000-student high school to the boundary off the school site in connection with the residential development of adjacent property. District shall be responsible for connection and on-site installa- tion and connection fees and service charges. 6. La Costa, at its expense, shall cause the installation of off-site (with respect to the high school site) perimeter roads and sidewalks in connection with the residential develop- ment of the adjacent property. 7. District shall cooperate with La Costa by signing all •documents and taking all actions necessary or appropriate to evidence to the City Council of the City of Carlsbad that an agreement has been reached in accordance with the condition de- ' scribed in paragraph 1.(a) of this Agreement to allow approval by October 28, 1980, of the recordation of the final map for Santa Fe Knolls Unit 1. 8. ' If District exercises its option to purchase within the 36-month option period in accordance with this Agreement, the purchase price to be paid by District to La jCosta for the ap- -4- proximately 50 net usable acre site shall be calculated in ac- cordance with this numbered paragraph: Immediately upon the determination of the approximately 50 net usable acre site in accordance with paragraph 3. a. of this Agreement, District and La Costa shall cause the separate apprai- sal of the approximately SO net usable acre site and the balance of the approximately 88-acre site. The purchase price shall be calculated by multiplying $6,600,000.00 by a fraction, the numerator of which is the appraised value of the approximately 50 net usable acre site and the denominator of which is the sum of the appraised value of that site plus the appraised value of the balance of the approximately 88-acre site. The appraised values shall be determined by an M.A.I, appraiser jointly chosen by La Costa and District. If La Costa and District fail to choose an appraiser or if either disagrees with the appraisal, then the appraised values shall be determined by a .panel of three M.A.I. ' appraisers, one named by District, one named by La Costa and the third by the first two appraisers. If the first two appraisers are unable to choose a third appraiser, either party may request that the American Arbitration Association choose the third. The respective appraised value of each of the two parcels for pur- poses of calculating the purchase price shall be the average appraisal for said parcel among the panel members. The appraisals will be of the property used as the highest and best residential use and without regard to the reservation. La Costa and District shall share the costs of appraisal fifty percent (50%) each. 9. District shall cooperate with La Costa and sign all documents and take all actions necessary or appropriate to maxi- mize the tax benefits to La Costa in connection with the reserva- tion and conveyance contemplated hereunder as long as such actions do not affect the rights or obligations of the District. -5- 10. District shall cooperate with La Costa in obtaining all necessary services and facilities to serve the high school site including, but not limited to, sewer facilities and water facilities and service. 11. This instrument may be executed in any number of counterparts and each such counterpart shall be deemed to be an original instrument. 12. All notices or other instruments or communications under this Agreement shall be in writing and shall be deemed properly given upon either personal service, or by certified or registered mail, return receipt requested, postage fully prepaid and addressed to the parties at the following respective addresses or .at such other addresses as shall be designated by the parties from time to time by notice given in accordance with the foregoing: La Costa La Costa Land! Company Costa del Mar Road Carlsbad, California 92008 District San Dieguito Onion High School District 625 North Vulcan Avenue Leucadia, California 92024 Any such notice, demand or communication shall be deemed given when personally delivered to the other party or when deposited in the United States Mail. 13. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal or invalid, said provision shall be deemed to be severed and deleted; and the severance or deletion of such provision shall not affect the validity of the remaining provisions of this Agreement. 14. This Agreement shall inure to the benefit of and be binding upon the successor s-in-interest, heirs, legatees, assigns and personal representatives of the parties hereto. SAN DIEGUITO UNION HIGH SCHOOL DISTRICT a California union high school district -6- Superintendent Title LA COSTA LAND COMPANY an Illinof^ corporation By: Title Approved as to satisfaction of Condition 17 of City Council Resolution No. 4072 as amended by Condition 12 of City Council Resolution No. 6200. For the City Council of the City of Carlsbad Title -7- Ou. ^ 5 S° ie? s_ m £ 8 d£ <Kl 1 2 '6 4 5 6 7 8 10 11 12o w «> TZ3 8 13 t^ "- «3. Ci "" •* W a ft 5£ 155b^«•• ' IS 16 1 17 o 18 19 20 21 22 23 24 25 26 27 28 W W RESOLUTION N0.___6338_ A RESOLUTION OF THE" CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED FROM THE TRUSTEES OF CENTRAL STATES, SOUTHWEST AREAS PENSION _ FUND. WHEREAS, the Trustees of Central States, Southwest Areas Pension Fund has submit to-, a Grant Deed, conveying a 12.5 acre parcel to the City of Carlsbad; said deed is on file in the Office of the City Clerk and is incorporated by reference herein; and WHEREAS, the City Council has determined it is in the public interest for the Grant Deed to be modified and reexecuted so as to facilitate the reconveyance of the land to the grantor or its assignee in exchange for other land if it is later determined that the land is not necessary for the park purposes for which the City has required it to be conveyed. WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to accept said deed; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That, the Grant Deed conveying a 12.5 acre parcel to the City of Carlsbad is hereby accepted subject to reexecution in a form acceptable to the City Attorney. 3. Acceptance of the deed by the City is in satisfaction of La Costa1s obligations under Condition No. 3 to Resolution No. 6200 and the La Costa City Parks Agreement as it may aPply to the Rancho Santa Fe Knolls Subdivision (CT 75-9B). o 01 0= O 2 2 "• J m O £l§2'O <£ "" m S P ^3 > I- K o 1 2 3 4 5 6 7 8 9 10 11 12 to -\ 1 £ § 13 -: "- CMCC < 0> d " S 5 14a o 3 zI» . S K 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That the City Clerk, after the form of the deed is approved, is hereby authorized to cause the original deed to be recorded in the Office of the County Recorder of San Diego County, State of California, with the appropriate Certificate of Acceptance attached, adjourned PASSED, APPROVED AND ADOPTED at a/regular meeting of the Carlsbad City Council held on the 28th day of October > 1980 by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None RONALD C.. PACKARD, Mayor ATTEST: . *. ALETHA L. RAUTENKRANZ, City Cle/k (SEAL) 2.