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HomeMy WebLinkAbout1990-05-22; City Council; 10626; SUPPLEMENT TO THE 1982 LA COSTA MASTER PLAN PARKS AGREEMENTc 0' h w U a 2 90 .. 2 z b a 5 z 3 0 0 /- AUCNv?LI'LL LI mur wmLauAv - T AB# i 9, b.-$& TITLE: DEPT, CITY i CITY I MTG.~.~ -Z DEPT. ENG. RECOMMENDED ACTION: SUPPLEMENT TO THE 1982 LA COSTA MASTER rC PLAN PARKS AGREEMENT /;; 2, / ..! * Adopt Resolution No. sb - IL~O approving a supplement to the 1982 Parks t mM EXPLANATION: In April 1982, the City entered into a Parks Agreement with the Daon C which has been transferred to Fieldstone/La Costa Associates The referenced an Exhibit "c" which indicated the land boundaries included agreement and specifically excludes the property known as Santa Fe Kn (CT 85-5). It is not known exactly why the Unit 3 area was exclude( agreement. To the best of our knowledge it was assumed that the origina dedication included credits for the Unit 3 property. However, since Unit Fe Knolls did not record with Units 1 and 2 and since Unit 3 subsequently park credits were officially credited to the property. Santa Fe Knolls Unit 3 was recently developed and the developer secured thl of a portion of Stagecoach Park sufficient to fulfill twice their parks require] Title 20 of the Carlsbad Municipal Code in accordance with the accelerated provision of the Agreement. The City accepted this parkland dedication on and, therefore, the developer didn't receive park credits. All parties wish to amend the Parks Agreement to include Unit 3 and credits. The attached supplement will revise Exhibit "C" to include thi Attached as Exhibit #1 is the Park Dedication Inventory showing thc dedication by Santa Fe Knolls Unit 3 (CT 85-5). The inventory indicates acres of Stagecoach Park remain to be dedicated. This presents no probl continued operation of Stagecoach Park as a park use easement was previou over the undedicated portions of the park site. Staff has reviewed the supplement agreement and the amended exhibit to t agreement and supports the developer's request. 11, 1988. However, as noted above the original Parks Agreement excludc FISCAL IMPACX: Pursuant to their Park-&-Lieu Fee Agreement the developer agreed to pay 4 in park fees as a condition of subdivision map approval. Upon Council appr agreement the requirement to pay fees will be dropped and a correspon against previously dedicated park lands will be made in accordance wit dedication ordinance. EXHIBITS: 1. 2. 1989 Parks Supplement. Resolution No. 'i C - 140 approving a supplement to the 1982 Parks between the City of Carlsbad and Fieldstone/La Costa Associates. 1 2 3 4 5 6 7 8 9 10 11 l2 13 14 15 16 17 18 19 2o 0 0 RESOLUTION NO. 9 0 - 14 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, APPROVING A SUPPLEMENT TO THE 1982 PARK: AGREEMENT BETWEEN THE CITY OF CARLSBAD AND FIELDSTONE/Lf COSTA ASSOCIATES LIMITED PARTNERSHIP AND AUTHORIZING THI MAYOR TO EXECUTE SAID SUPPLEMENT. WHEREAS, the City Council of the City of Carlsbad, California, does hereby as follows: 1. That the supplement to the 1982 Parks Agreement between the Carlsbad and Fieldstone/La Costa Associates Limited Partnership which is attachec as Exhibit A, and made a part hereof, is approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and dir execute said supplement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carkt Council held on the 22nd day of May , 1990 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and NOES: None ABSENT: None 1 e 0 1990 PARKS SUPPLEMENT THIS 1990 SUPPLEMENT TO THE 1982 PARK AGREEMENT ("1990 Supplement' is made this Jfl day of bk , 1990, between the CITY OF CARLSBAI a municipal corporation of the State alifornia ("City") and FIELDSTONE/LA COST, ASSOCIATES LIMITED PARTNERSHIP, a California limited partnership ("Fieldstonel': who agree as follows: Recitals A. On or about April 8,1982, the City entered into the 1982 Parks Agreemen in turn was predecessor in interest to Fieldstone which Agreement was supplemented @ the 1988 Parks Supplement between City and BCE development dated March 3, 1988 By Resolution No. 6200, Condition No. 3, the City of Carlsbad requirec 12.5 acres of certain parkland be dedicated in accordance with the then effective 1971 Parks Agreement, as a condition to final approval of the subdivision map for lanc commonly known as "Santa Fe Knolls" and more particularly described as Carlsbad Trac No. 75-9B. Subsequent to the 12.5 acre dedication and prior to obtaining credits fo parkland dedication pursuant to the conditions of the 1978 Parks Agreement, thi tentative map for Unit 3 of Santa Fe Knolls expired. In 1982 the City entered into a nev Parks Agreement which specifically excluded the Santa Fe Knolls Unit 3 property as no a part on Exhibit C to the 1982 Parks Agreement. In 1985 the Anden Group applied foi and received approval of a tentative map for the expired portion of Santa Fe Knoll! known as Carlsbad Tract 85-5. with Daon Corporation, predecessor in interest to BCE Development Inc., which cornpan: B. C. On or about July of 1986, the Anden Group secured a grant deed for i portion of Stagecoach Park consistent with the requirement of the accelerated dedicatior requirements of the 1982 Parks Agreement. Because the Santa Fe Knolls Unit C property is excluded from the 1982 Parks Agreement boundary the Anden Group wa: required to post park-in-lieu fee bonds in addition to the parkland dedication. The par1 dedication was subsequently accepted by City Council on November 1, 1988 pel Resolution No. 88-378, The land described in said corporation grant deed for parklanc is additionally listed on and described in Exhibit 1 to the 1988 Parks Supplement. D. The parties hereto, by executing this 1990 Parks Supplement, desire to clarify and agree (1) that the Santa Fe Knolls subdivision Unit 3 (CT 85-5), is included in the land subject to accelerated parks dedication as described in the 1982 Parks Agreement, (2) that the Deed for Parkland subject of Council Resolution 88-378 satisfies the park dedication requirements for CT 85-5, and (3) that Condition 3 of Resolution 6200 is satisfied as well. 0 0 The parties hereby agree as follows: 1. Exhibit "C" of the 1982 Parks Agreement is amended by this paragraph to delete the notation "NAP" (not a part) such that Santa Fe Knolls (CT 85-5) is included within Area I in order to obtain credit for parkland dedication under the Parks Agreement. Except as ,amended by this 1990 Parks Supplement, the 1982 Parks Agreement and 1988 Parks Supplement remain in full force and effect. 2. 3. All parties agree that the park inventory attached as Exhibit "1" represents the status of the Stagecoach Park dedication as of the date of this Agreement. AfteI subtracting the park credits for CT 85-5, Fieldstone shall have a park credit balance 01 14.628 acres. Fieldstone shall.cause to be dedicated 1.317 acres of parkland i the accelerated rate in accordance with the 1982 Parks Agreement before full dedication of Stagecoach Park is complete. CITY OF CARLSBAD A Municipal Corporation of the State oj FIELDSTONE/LA COSTE ASSOCIATES LIMITED PARTNERSHIF A California Limited Partnership BY: THE FIELDSTONE COMPANY A California Corporation Genera Partner - A/ 5 COUNrf OFAAND-I EGQ 1 - 1 a .- r STATE OF CALlFORNiA Jss. N BARON1 __, before me, the undersigned, a Notary Public in and for r m oL--p.. March 30, 1990 a p said State, personally appeared c A*!k E ~-~ JOHN BARONE _...__._ ~ m ? , personally known to me (or proved to me on the /j basis Of SatisfactoV evidence) to be the persons who executed the within instrument as ---------R~MB(~~+L-As &-r&-Secretary, on behalf of-..qHE 2 E: s 5 " --~--~~--- FIELDSTONE -- -.-. -.-. ~ ___._..____._ COMPANY : 2 the corporation therein named,andacknowledged to methat said v) I- corporation executed the within instrument pursuant to its by- m bfSora resolution Of its board of directors, said corporation being 5 .u - a, known to me to be the general partner of-FIELJJS_TONE /LA ZE gz ASSOCIATES ---- - -----.__..._. ~ LIMITED ___.__ PARTNERSHIP, 8 .g the limited partnership that executed the within instrument, and -1L acknowledged to me that such corporation executed the Same as mc ._ L m LLULI -u LA COSTA N m-m LIMITS OF CONTRIBUTORY AREA FOR PARK AGREE COMMUNITY PARK NAP NOT A PART ' LA COSTA NO~TH ",,,* mc, "I. .t-...c-..; AMENDED- EXHIBIT 'c' \*a? 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