HomeMy WebLinkAbout1996-01-09; City Council; 13466; Carlsbad Ranch Planning Commission Appeal4
CITY OF CARLSBAD - AGENDA BILL A
AB# 1% Ylp6 TITLE:
APPEAL OF PLANNING COMMISSION MTG. 0 l/09/96 RESOLUTION NO. 3851, CARLSBAD TRACT 94-09
DEPT. ENG/FIN CITY MGR.
RECOMMENDED ACTION:
AQo PI R~:sol!dT70r;’ Am q&w c-L&L id/
Authorize the Mayor to execute amendments to the Reimbursement Agreements
with Carltas Company and Paul Ecke, Sr.
JlPop-l- REsoLtirion NO- 9b-is . ~&Ltc J/
Grant the appeal and amend Planning Commission Resolution No. 3851 condition
of approval No. 31.
ITEM EXPLANATION:
On July 5, 1988, City Council confirmed assessments in the Palomar Airport Rd.
Assessment District (No. 86-l). In developing the costs and assessments leading
up to the confirmation, it was determined that the parcels owned by Paul Ecke, Sr.
and the Carltas Company benefitted from the road. However, the parcels could not
be assessed because they were classified as agriculture under the Mello II Local
Coastal Plan. In order to complete the street, the City advanced the funds and the
property owners agreed to reimburse the City when the property was developed.
On December 6, 1995, the Planning Commission approved the tentative tract map
for Carlsbad Ranch, CT 94-09, Planning Commission Resolution No. 3851 which
includes the aforementioned parcels. Condition No. 31 reads as follows:
“Within 60 days of the approval by the Planning Commission of this
tentative map, the developer shall reimburse the City for funds expended
by the City for road improvements to Palomar Airport Road. If the
reimbursement is not made within the time period specified and unless the
time has been extended by the City Manager for no more than an additional
60 days because of adequately demonstrated hardship, this project will not
be in conformance with the General Plan and its approval by the Planning
Commission shall become null and void.”
It is Carltas’ interpretation that the wording stated in the condition does not conform
with the reimbursement agreement in two ways: (1) it requires full payment rather
than allowing an alternate payment method, and (2) it requires payment now rather
than upon cancellation of the Williamson Act. Therefore, Carltas has requested that
Condition No. 31, “Be modified to provide for payment sixty (60) days after final
cancellation of the Williamson Act affecting the properly”.
Staff’s agrees with Carltas on the first point but believes they have misinterpreted
the Agreement on the second point. It is staff’s interpretation of Sections 3 and 4
of the Reimbursement Agreements that the requirement for reimbursement was
triggered with the previous tentative and final map for Carlsbad Ranch, CT 92-07.
Page 2 of Agenda Bill No .
In order to further clarify Sections 3 and 4 of the agreements, staff recommends
executing the attached amendments to the agreements. The Amendments specify that
upon approval of any final map or upon the issuance of any grading permit, whichever
comes first, the property owner will either pay the City in full for the principal amount
owed plus interest at 8.25% or they may pay a specified portion of the amount plus
interest and pay the remainder over a period of time. Any amounts not paid immediately
will continue to accrue interest at 8.25% per year.
In addition, the amendment specifies that a note and deed of trust in an amount equal
to the current value of the obligation will be executed along with the Amendment.
With the Amendment to the Reimbursement Agreements in place, staff also recommends
changing the condition on tentative tract map, CT 94-09, to read as follows:
“(31) The Developer shall reimburse the City for funds expended by the City for
road improvements to Palomar Airport Road. Said reimbursements shall be per
the reimbursement agreements dated May 24, 1988 approved by City Council
Resolution No. 88-168 or any amendments made thereto.”
This change will allow for the alternate method of payment as stipulated in the
Agreements and, upon execution of the amendments to the Agreements, will clarify the
timing and amount of the payments to be made.
FISCAL IMPACT:
The proposed amendments to the map condition and the reimbursement agreements
extend the time of payment on the Agreements to a later date. The amendments to the
Agreements also clarify certain sections in the Reimbursement Agreements; however,
they do not substantially change any other terms of the agreements.
The extension of the payment date has a negligible financial impact to the City as the
agreements specify that any payments not made immediately will continue to accrue
interest at 8.25% per year until they are paid. In return for the extension of the payment
date, the owners are agreeing to further secure the reimbursement obligations with a
note and deed of trust on the properties.
1. Resolution No. ?b .- / 4 authorizing the Mayor to execute Amendments to the
Reimbursement’ Agreements with Carltas Co. and Paul Ecke, Sr.
2. Resolution No. ‘36-l 5 granting the appeal and amending Condition No. 31 of
Planning Commission Resolution No. 3851.
3. Appeal form dated December 14, 1995, with Exhibit “A” attached.
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2E
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RESOLUTION NO. 96-14
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO
EXECUTE AMENDMENTS TO THE REIMBURSEMENT
AGREEMENTS WITH CARLTAS CO. AND PAUL ECKE. SR.
WHEREAS, the initial Reimbursement Agreement, dated May 26, 1998,
identified the terms of the Agreement as stated in ‘Exhibit B;’ and
WHEREAS, the parties to this aforementioned Agreement desire to alter the
terms of the reimbursement; and
WHEREAS, the City of Carfsbad, California, hereby finds it necessary,
desirable, and in the public interest to amend the aforementioned terms.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad;Caliiornia, as follows:
1. That the above recitations are true and correct.
2. That the Mayor is hereby author&d to execute the Amendments to
the Reimbursement Agreements with Carltas Co. and Paul Ecke, Sr. (Attachments 1 and
2).
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
City Council held on the 9 th day of JANUARY , 1996 by the following
vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hal
NOES: None
ABSENT: None
ATTEST:
RECORDING REQUES I ED BY,
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD CA 92008
AMENDMENT NO. 1 TO REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND CARLTAS CO.
FOR PALOMAR AIRPORT ROAD ASSESSMENT DISTRICT
This Amendment is entered into and effective as of thee day of J-2 , 1996,
amending the Reimbursement Agreement dated May 26, 1966, by and between the CITY OF
CARLSBAD, a municipal corporation, hereinafter referred to as “City,” and CARLSBAD RANCH
COMPANY, LP., a California limited partnership, and CB RANCH ENTERPRISES, a California
corporation, as successors-in-interest to CARLTAS CO., a California limited partnership,
hereinafter collectively referred to in the singular as “Owner.”
RECITALS
WHEREAS, the initial Reimbursement Agreement, dated May 26,1988, identified the terms
of the Agreement as stated in “Exhibit 8;” and
WHEREAS, the parties to this aforementioned Agreement desire to alter the terms of the
Reimbursement Agreement; and
WHEREAS, the City of Carlsbad, California, hereby finds it necessary, desirable, and in
the public interest to amend the aforementioned terms.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, City and Owner hereby agree to:
A. Delete Sections 3, 4 and 5 of the Reimbursement Agreement between the City of
Carlsbad and Carltas Co., dated May 26, 1988, and substitute the following Sections 3,
4 and 5 in their place:
Page 1 of 4 (Revised January 9,1996)
Section 3. When and if the Local Coastal Program and other land use restrictions
are SO modified as to permit development of the Property, the following provisions
apply. Upon approval of any final map on the Property or portion of the Property,
or upon the issuance of any grading permit on the Property or any portion of the
Property, whichever comes first, Owner shall then immediately be obligated to either:
(a) reimburse the City for it’s contribution to the Assessment District in the
amount of $395889.82 plus interest at the rate of eight and one-quarter
percent (8.25%) per annum from the date of issuance of the bonds for the
Assessment District for a period of fifteen (15) years.
OR
(b) elect to pay all sums in the amounts and according to the schedule as set
forth in “Exhibit A.” Any amounts not paid according to the schedule will
continue to accrue interest at the rate of eight and onequarter percent
(8.25%) per annum until a date which is fiieen (15) years from the date of
issuance of the bonds for the Assessment District.
For the purposes of this Agreement, “development” means the division of land,
grading or original construction, of an improvement to the Property which division
of land, grading or construction is of the type normally associated with urban
development as opposed to agricultural activity and which is capable of receiving
and utilizing the special benefits accruing to the Property from the construction of the
public works of improvement pursuant to the Assessment District.
Notwithstanding the above, the City and Owner agree that during the term of this
Agreement, the reimbursement obligation computed as defined herein shall be
deferred, as long as the Owner continues the production of flowers on the Carlsbad
Ranch Project as defined in Section H.l .a.i. of the approved Carlsbad Ranch Specific
Page 2 of 4 (Revised January 9, 1996)
Plan, SP 207(A). Interest shall continue to accrue on the obligation during the period
of such deferral. From and after approval by the California Coastal Commission of
the Local Coastal Program’ Amendment for Specific Plan SP 207 (A), (i) the term
“Property” shall be defined to mean that portion of the Carlsbad Ranch Project
designated in the approved Specific Plan, SP 207 (A), as Planning Area 7, The
Flower Fields, and (ii) this Reimbursement Agreement shall be terminated with
respect to any other real property.
Section 4. The current value of the Owner’s obligation to reimburse the City for it’s
contribution to the Assessment District plus interest as shown on Attachment A, shall
be evidenced by a note and deed of trust on the Property in form satisfactory
to the City Attorney, which note and deed of trust shall be executed concurrent with
the occurrence of the obligation to repay under Section 3 above. The Owner’s
obligation may be prepaid at any time without penalty.
Section 5. The Reimbursement Agreement and obligation shall be in full force and
effect for thirty (30) years from the date of this Amendment, unless earlier
extinguished by payment in full.
All other provisions of the aforementioned Reimbursement Agreement, entered into
on May 28, 1988, by and between City and Owner shall remain in full force and effect.
C. The parties acknowledge that these provisions represent a contract supported by
adequate consideration and hereby waive any and all potential challenges to the Palomar
Airport Road Assessment District formation or subsequent modifications thereto.
Page 3 of 4 (Revised January 9,1996)
Acknowledged and Accepted:
OWNER: CITY:
CARLSBAD RANCH COMPANY, L.P.,
a California limited partnership
By: CARLTAS COMPANY,
a California limited partnership,
its General Partner
Mayor
By: CARLTASPRA~~JAGE!JIE@~-,
a Calif ia c rp at’ ,
iL~Y
By:
PAUL ECK , III
Secretary f
a3 RANCH e~isES.4
All-EST:
City Clerk
Date
CH&$TOPHEs/C. CALKINS \
By:
SUE KINT ’
Secretary
(Proper notarial acknowledgment of execution by Owner must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
Page 4 of 4 (Revised January 9, 1996)
- -7
CALIFORNIA ALL-PlJRPuSE ACKNOWLEDGMENT
State of
County of h An&ves
On’ hti~Ccr?i 35, @% cc Date beforeme, A/JP /33. &hEI~~~.~~~~~~ db/~.C,
Name and Ttile of Officer (e.g., “Jane Doe. Notary Public”)
personally appeared c%e Kh f
Name(s) of Signer(s)
$personally known to me - OR - Cl 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 that hk/he/th?!y executed the
same in t%s/her/thekauthorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
hand and official seal.
(27 (iiLL&&> 7,
Signal& of Notary Public
OPTIONAL
Though the infonation below is not required by law it may prove valuable to persons relying on the document and could prevent
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Description of Attached Document
Document Date: Number of Pages:
Signer’s Name:
0 Individual
Cl Corporate Officer
Title(s):
0 Partner - q Limited Cl General
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(D 1994 National Notary Association - 6236 Remmel Ave., P.0. Box 7164 - Canw Park, CA 913B7164 Prod. No. 5907 Reorder: Call Toll-Free l-600-676-6827
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CA~/Wlh
County of
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his/her/their signaturew on the instrument the person(g):
or the entity upon behalf of which the person* acted,
executed the instrument.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Afl&@ifl~~ fib. / T& kk!fl/%~~~7~~ &%?T
Document Date:
Signer(s) Other Than Named Above:
Number of Pages: muk(CEXcl)
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Q 1994 National Notary Association * 6236 Remmet Ave.. P.O. Box 71f14 * Cancqa Park. CA QKWQ-7184 Prod. NO. 5907 Raordac Call Tdl-Free 1-800-876-6827
State of CALIWIA-
County of S&d DiF60
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personally appeared f ms) ol Signer(S)
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and acknowledged to me that@‘mexecuted the
samei I r@#be&& authorized capacity-and that by
his/her/their signaturem on the instrument the person@$
or the entity upon behalf of which the person@acted,
executed the instrument.
OPflONAd
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: )flao!‘??m fib. / T& /2w/??k%iGk71m &T/p?7
Document Date: Number of Pages: @uk
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
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Cl Individual
p- orporate Officer
Title(s): 11 ICE PnEs t oenri-
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Cl Attorney-in-Fact
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0 Other:
Signer Is Representing:
Cl Individual
0 Corporate Officer
Title(s):
Cl Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
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0 Other:
Signer Is Representing:
0 1994 Nahoml Notary Assoaalion l 82363 Refnnwl Ave., P.O. Box 7184 l Canoga Park. CA 913X-7184 Prod. NO. 5907 Reorder: Call Toll-Free l-800-878-6827
CALIPID11EU ALL-DUIII’OSB ACKl4DWLBlDGBMBIT
State of California }
1 ss.
County of San Diego }
On 79 January 1996, before me, Joyce E. Mizock, Notary Public, personally
appeared Paul Ecke Ill, Secretary personally known to me to be the person
whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity and that by his signature on the
instrument the person or the entity upon behalf of which the person acted,
executed the instrument.
JOYCE E. MIZOCK 8 I Comm. # 958724 c NmARYpuBcftxAuFouNfA g
v MY&~ET,ess
WITNESS my hand and official seal.
&&.&a-T. o-)&&j
SiGNAlURE OF NOTARY
CAPACITY CLAIMED BY SIGNER
Secretary
TITLE Carltas Company, a California limited
partnership
SIGNER IS REPRESENTING
nw
DESCRIPTION OF ATTACHED DOCUMENT
AMENDMENT NO.1 TO REIMBURSEMENT
AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND CARLTAS CO. FOR PALOMAR AIRPORT ROAD
ASSESSMENT DISTRICT
TITLE OR TYPE OF DOCUMENT
Four (4)
NUMBER OF PAGES
n/a
DATE OF DOCUMENT
Christopher C. Calkins; Sue Kint; Claude A.
Lewis; Aletha L. Rautenkranz; Ronald R. Ball
SIGNERS OTHER THAN NAMED ABOVE
Lrltas Co. Reimbursement Agreement
Palomar Airport Rd. Assessment District 88-l
Property Owner’s Obligation
AsofJune30,1996
Fiscal
year
(1) original
Princioal
(1) original
Merest
Total I‘ No. of Years Interest Total
Pavment outstanding Ha!2 Interest
69 14,955.16 26,733.03 43,66621
90 16,579.14 27,910.50 44,469.64 91 17,735.62 26,915.75 44,651.57 /
92 16,692.51 25,616.13 44,706.64
93 20,049.19 24,607.Ol 44,65620
94 21,591.44 23,263.76 44,67520
95 23,X33.66 21 ,a1554 44,94922
96 25,061.49 20,196.16 45,257.67
Total lq,996.45 199277.90 357,276.35
Total Amount lp June 30,1996
Remaining Amounts Due June 30 of the Respective Years:
(1) OrIgInal year Princioal
97 2q603.74
96 26,531s
96 30,644.91
2mJ 33,15626
2,001 35,471.65
2,002 40,096.36
2,003 43,162.67
Total 237,691.37
GrandTotal
(1) otlglnal Interest
16,410.55
16,461.76
14377.56
12,025.66
9,455.69
6,662.50
3,454.63
60,666.59
7.0 6.25%
6.0 6.25%
5.0 625%
4.0 6.25%
3.0 a.2596
2.0 6.25%
1.0 6.25%
0.0 6.25%
CURRENT VALUE OF THE PROPERTY OWNER’S OBLIGATION
Amwnt Due June 30,1996 459,666.42
Remaining Amounts Due 316,759.96 .
Total Cunent Obiigation
(1) Amkts as calculated by NBS Lowry
(2) Interest in the amount of 6.25% per year to be added to obligation if paid after June 30,1996.
(2) Total
f&
25,229.94 66,916.15
22,022.37 66,512.Ol
16,416.77 63,070.34
14,753s 59,462.49
11,052.41 55,706.61
7,404.41 52,279.61
3,706.31 46,657.53
0.00 45257.67
EXHIBIT A
459,666.42
(2) Total-
Due
45,01429
45,013.32
45222.49
45,163.94
44,927.s
46,760.66
46,637.50
316,75996
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE D’RIVE
CARLSBAD CA 92008
AMENDMENT NO. 1 TO REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND PAUL ECKE, SR.
FOR PALOMAR AIRPORT ROAD ASSESSMENT DISTRICT
This Amendment is entered into and effective as of the *day of J’ , 1998, /
amending the Reimbursement Agreement dated May 26, 1966, by and between the CITY OF
CARLSBAD, a municipal corporation, hereinafter referred to as “City,” and CARLSBAD RANCH
COMPANY, L.P., a California limited partnership, and CB RANCH ENTERPRISES, a California
corporation, as successors-in-interest to PAUL ECKE, SR., an individual, hereinafter collectively
referred to in the singular as “Owner.”
RECITALS
WHEREAS, the initial Reimbursement Agreement, dated May 26,1966, identified the terms
of the Agreement as stated in Exhibit B;” and
WHEREAS, the parties to this aforementioned Agreement desire to alter the terms of the
Reimbursement Agreement: and
WHEREAS, the City of Carlsbad, California, hereby finds it necessary, desirable, and in
the public interest to amend the aforementioned terms.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, City and Owner hereby agree to:
A. Delete Sections 3, 4 and 5 of the Reimbursement Agreement between the City of
Carlsbad and Paul Ecke, Sr., dated May 26, 1968, and substitute the following Sections
3, 4 and 5 in their place:
Page 1 of 4 (Revised January 9,1996)
-
Section 3. When and if the Local Coastal Program and other land use restrictions
are so modified as to permit development of the Property, the following provisions
apply. Upon approval of any final map on the Property or portion of the Property,
or upon the issuance of any grading permit on the Property, or any portion of the
Property, whichever comes first, Owner shall then immediately be obligated to either:
(a) reimburse the City for it’s contribution to the Assessment District in the
amount of $131,767.96 plus interest at the rate of eight and one-quarter
percent (6.25%) per annum from the date of issuance of the bonds for the
Assessment District for a period of fiieen (15) years.
OR
(b) elect to pay all sums in the amounts and according to the schedule as set _
forth in “Exhibit A.” Any amounts not paid according to the schedule will
continue to accrue interest at the rate of eight and one-quarter percent
(6.25%) per annum until a date which is fiieen (15) years from the date of
issuance of the bonds for the Assessment District.
For the purposes of this Agreement, “development” means the division of land,
grading or original construction, of an improvement to the Property which division
of land, grading or construction is of the type normally associated with urban
development as opposed to agricultural activity and which is capable of receiving
and utilizing the special benefits accruing to the Property from the construction of the
public works of improvement pursuant to the Assessment District.
Notwithstanding the above, the City and Owner agree that during the term of this
Agreement, the reimbursement obligation computed as defined herein shall be
deferred, as long as the Owner continues the production of flowers on the Carlsbad
Ranch Project as defined in Section H.l .a.i. of the approved Carlsbad Ranch Specific
Page 2 of 4 (Revised January 9,1996)
Plan, SP 207(A). Interest shall continue to accrue on the obligation during the period
of such deferral. From and after approval by the California Coastal Commission of
the Local Coastal Program Amendment for Specific Plan SP 207 (A), (i) the term
“Property” shall be defined to mean that portion of the Carlsbad Ranch Project
designated in the approved Specific Plan, SP 207 (A), as Planning Area 7, The
Flower Fields, and (ii) this Reimbursement Agreement shall be terminated with
respect to any other real property.
Section 4. The current value of the Owner’s obligation to reimburse the City for it’s
contribution to the Assessment District plus interest as shown on Attachment A, shall
be evidenced by a note and deed of trust on the Property in form satisfactory to the
City Attorney, which note and deed of trust shall be executed concurrent with the
occurrence of the obligation to repay under Section 3 above. The Owner’s
obligation may be prepaid at any time without penalty.
Section 5. The Reimbursement Agreement and obligation shall be in full force and
effect for thirty (30) years from the date of this Amendment, unless earlier
extinguished by payment in full.
B. All other provisions of the aforementioned Reimbursement Agreement, entered into
on May 26, 1966, by and between City and Owner shall remain in full force and effect.
C. The parties acknowledge that these provisions represent a contract supported by
adequate consideration and hereby waive any and all potential challenges to the Palomar
Airport Road Assessment District formation or subsequent modifications thereto.
ii/
Iii
/II
/If
Ill
iii
Page 3 of 4 (RevisedJanuaty9,1996)
Acknowledged and Accepted:
.
OWNER: CITY:
CARLSBAD RANCH COMPANY, L.P.,
a California limited partnership
By: CARLTAS COMPANY,
a California limited partnership,
its General Partner
By: CARLTAS MANAGEMENT,
;(IgDm;p
Secretary .
CB RANCHmPRISES,
Mayor
AlTEST:
ALETHA L. RAUTEN;<RANZ
City Clerk
Date
I
13 /9 ?6
(Proper notarial acknowledgment of execution by Owner must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
Page 4 of 4 (Revised January 9, 1996)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of /
On &flLC~~L/ 35 /‘%6 r Date before me, h4 m z4S72d, A,&~~ ? fJ6/1c (
Name and Title of Officer (e.g., ‘Jane Doe. Not& Public’)
personally appeared l&f 9 Name(s) of Signer(s)
&ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) i&tce subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/the& authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) act&f,
executed the instrument.
WITNESS my hand and official seal. I
&G? jJ&&&nq / ;7
s(gnahlra of Notary Pubk
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Att
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Number of Pages:
Capacity(ies) Claimed by Signer(
Signer’s Name:
Cl Individual
0 Corporate Officer
Title(s):
17 Partner - Cl Limited Cl General
0 Attorney-in-Fact
0 Trustee
II Guardian or Conservator
Cl Other:
Signer Is Representing:
iliim5m Too of thumb here
Signer’s Name:
- 0 Limited •I General
Signer Is Representing:
\
Too of thumb here
(D 1994 National Notary Assoaation l 6236 Remmet Ave., P.O. Box 7164 l Canoga Park, CA 91309.7164 Prod. No. 5907 Reorder: Call Toll-Free 1-600-876-6627
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CAL/WA/A
County of
On JA~'L~LK)/ /z I’?‘?‘$ beforeme, K&?cTb’ A. ?&, A.‘C/~~~ ??.@!.Ic Date Name and litle d Offimr (e.g.. “Jane Da& Notary Public”)
personally appeared cih?iS 73Pe~X Q I PA M’ 1d.S I Name(s) of Signer(s)
known to me -9R . . C z to be the person&
whose nameQ@afe-subscribed to the within instrument
and acknowledged to me that@shefthqexecuted the
same ir$@heMM authorized CapacityCies); and that by
his/her/their signaturew on the instrument the personM
or the entity upon behalf of which the perso@ acted,
. executed the instrument.
WITNESS my ha P d and offfl.
-, ,IyUI”‘/ I\\ I/“/ / /
/ Sff- Public
OPtiONAL
bough the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: )fl&doiq?i%T AC. 1 %!? kk//n/%~~~~~~ d6/)?7
Document Date:
Signer(s) Other Than Named Above:
Number of Pages: @UK
Capacity(ies) Claimed by Signer(s)
Signer’s Name: &Krsmpe @.. C~<frl
0 individual
J2$orporate Qfficer
Title(s): );7/U15rL)<
Cl Partner - •i Limited 0 General
q Attornev-in-Fact
0 Trustee
Cl Guardian or Conservator
0 Other:
Signer Is Representing:
lkk-735 /37AhiJfbm/
4-l
1
Signer’s Name:
0 Individual
0 Corporate Officer
Title(s):
Cl Partner - Cl Limited 0 General
0 Attorney-in-Fact
0 Trustee
Cl Guardian or Conservator
0 Other:
Signer Is Representing:
I I
0 1994 Natiinal Nolaty Asswatmn l 6236 Remmet Ave.. P.O. Box 7164 9 Camga Park, CA 91209-7164 Prod. No. 6907 Reorder: Call Toll-Free l-600-676-6627
State of CAL/W/h
County of
On JAP~W 1 Z /WG beforeme, ‘r)R,sm ~* Ten/ 4. ?ti, &g&Y t?&/<
Date
personally appeared c
c”rc r (e.g.. ‘Jane ‘Jd Notary Putdr7
P
,
Name(r) of Signer(s)
ersonally known to me --81: Z c to be the personti
whose namemubscribed to the within instrument
and acknowledged to me that@sWt@ejtecuted the
same irK@h&#M authorized capacity(+)r that by
his/her/their signature@ on the instrument the person(g):
or the entity upon behalf of which the person@ acted,
executed the instrument.
ObTlO/dA L
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: #fl&d~h%%- fib. / T& &/fll%~fi~7J~ dhj?T
Document Date: Number of Pages: @ti&
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: cMr 5mPe @. - Signer’s Name:
Cl Individual F orporate Officer
Title(s): I/ I CE PfQ5( OaLJ I
Cl Partner --Cl Limited 0 General
q Attorney-in-Fact
0 Trustee-
q Guardian or Conservator
0 Other:
Signer Is Representing:
1 Cl Individual
~ Cl Corporate Officer
Title(s):
~ Cl Partner - Cl Limited Cl General
Cl Attorney-in-Fact
q Trustee
q Guardian or Conservator
q Other:
Signer Is Representing:
Q 1994 Naliial Notary ASSOCI~~IO~I. 6238 Refmnet Ave.. P.O. BOX 7164. Car!qa Park. CA 913097164 Pd. No. 5907 Rewdec Call Toll-Free l-600-676-6627
CALIPOIWYIA ALbI’UIW4DSB ACKKFO~I’LBI)CB!MBKT
State of California }
1 ss.
County of San Diego }
On 19 January 1996, before me, Joyce E. Mizock, Notary Public, personally
appeared Paul Ecke Ill, Secretary personally known to me to be the person
whose name is subscribed to the within instrument and acknowledged to me th.at
he executed the same in his authorized capacity and that, by his signature on the
imtrument the person or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Secretary
AMENDMENT NO.1 TO REIMBURSEMENT
AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND PAUL ECKE SR. FOR PALOMAR AIRPORT
ROAD ASSESSMENT DISTRICT
Carltas Companyy California limited
partnership
TITLE OR TYPE OF DOCUMENT
Four (4)
SIGNER IS REPRESENTING NUMBER OF PAGES
mLE n/a
DATE OF DGCUMENT
Christopher C. Calkins; Sue Kint; Claude A.
Lewis; Aletha L. Rautenkranz; Ronald R. Ball
SIGNER IS REPRESENTING SIGNERS OTHER THAN NAMED ABOVE
-
PLJ Ecke, Sr. Reimbursement Agreement
Palomar Airport Rd. Assessment District 86-1
Property Owner’s Obligation
As of June 30.1996
(1) (1) Fiscal original original
year Princioal Interest
89 4,977.68 9,563.49
90 5,518.m 9289.72
91 5,903.19 8,958.63
92 8,288.18 8392.63
93 8,673.17 8,190.19
94 7,188.49 7,749.76
95 7,699.81 7,261.M
96 8,341.47 6,722.a
Total 5&588.19 66,32759
Total Amount t$e June 30,1996
Total -No. of Years
Pavment Outstanding
14,541.17 7.0 8.25%
14,807.92 , 6.0 8.25%
14,861.82 5.0 8.25%
14,880.81 4.0 8.25%
14,863.36 3.0 8.25%
14,936s 20 8.25%
14,960.89 1.0 8.25%
15AI63.56 0.0 8.25%
118,915.78
Remaining Amounts Due June 30 of the Respective Years:
(1) originai year Principal
97 8,854.79
98 9,496.44
99 10,266.42
2,000 11,036.40
2001 11,806.38
2,002 13346.35
wJ3 14,372.99
Total 79.179.77
Grand Total 5131.767.9q
(1) - Q orlginai Total
Interest Due -
6,127.76
5,485.79
4,785.43
4,002.62
3,147.r)
2217.55
1,149.84
26,91629
14,98255
14,98223
15,051.85
15,039.02
14,953.68
15,563.90
15,522.83
106,096.06
CURRENT VALUE OF THE PROPERTY OWNER’S OBUGATION
Amount Due June 30,1996 153,061.83
Remaining Amounts Due 106.096.06
Total Current Obligation ’ $259.157.8Q
lntemst
Rate
. .- .
Total
interest
(2) Total
&3
8397.53 22938.70
7,329s 22137.84
6,130.50 20,992.32
,4,910.67 19,791.48
3,678.68 18,542.04
2A64.48 17,400.73
) 1,234.n 16,195.16
0.00 15,063.56
(1) Amounts as calculated by NBS Lowry
(2) interest in the amount of 8.25% per year to be added to obligation, if paid after June 30,1996.
EXHIBIT A
153.061.83
EXHIBIT 6
THZS A- is mads by and betwmn tha CITY OF -BAD ("City"), a municipal corporation, and PAULECICE, SR. (Wwnar*), an individual.
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Th* City CoUnCil Of thm City has fnitiatad proceedings
for ths fONtiOn of a special assusmmt district, pursuant to thm tuna and provisions of tha "Municipal ' Improvmmnt, Act of 2913”, being Division 12 of the Streets and Highways. Code of tha Stata of California, for the constnrction of cartain public works of improve- aant, togathu with appurtmanc~s and appurtsnant work, ,I said assessment district to be known and dmsignatsd as
ASSHS- DISTRICT NO. 86-l
(PNaMAR AIRPORT ROAD)
(huminaftu rail&ad to as the wAuuament DhtricV). -
The public works of improwmsnt proposed to be constructsd pursuantto the&sunent District inclu& str8otimprove- mmntsto PalomarAirportRoad, watsrimprovuonts,drainag~ improvamants, utility installation and acquisition of right-of-way. .
0wnmr is thi owner of certain real property locatad in tha City of Carlsbad and idantifisd as Auusor@s Parcel No. 212-041-05 (the' "Pmputy"). The Property is mora particularly dascribad in Ex@ibit "'An, which is attachsd husto and by this refuance -do a part hersof.
. Tha Proparty is arrantly included vithin the propbud boundariu of the Auaumont Diattict and accordingly to thm Vnvutigation -port” propar& for tha City pursuant to ttaa Wpuial Auumant Invutigation, Limitation and 2mjosity Rctut Act of 1931," the Proputy vould ba subject to uussment.
Pur8unt to the prowading of the "Special AuusmMt Ixwutig8tion, Limitation and Majority Prctut Act of 1931'1 Omu ham fild a writtub pxotut putaining to tha formation of thm Auuuent Di&rict and tha lwy of the proposed a88u8mnt against tb Reputy. 08mu@r
pZOta8t i8 ba8ed Upon OVXIar’8 bdhf tha+ the PZ?Oprty d-8 not bonefit from tha propoud public works of impr- ovamants as a ruult of limitations on dovmlopmant placed upon tha Proputy under tha currant Local Coa8tal Plan and other land w rwtrictions.
Ownu has agrud to withdraw it8 protest to the formation of th~AssasssamtDistric+ iftha Cityagrmas tocontribut~ La Lb- arrrr-rm+ nlmtd& 1 sm rmal ta mr afisrssmant lb
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procadiag8 to eliminate any prOp0Sad usuuant against a: RoP=w. - - a 7. City is willipq to contr&buts the sum specified hemin if the Ovnu agrus to rdmburu the City for such con- tribution plus interest as specified hatsin when and if tha Local Coastal Plan rutrictions on davalopment of the Proputy and other land usm l liminatrd. restrictions arm
/ 8. Ownu is willing to ‘agrk to rmimbursa tha City foi monies advanced, provided that the tuu and conditions harainaftsrhava a reasonable tin~limitsndthrobligation is not parpatual.
NOW, THEREFORE, upon Wm tams and conditions and for the consideration art forth harminaftsr, the parties agrees as follov8:
1. kity agrus that it will contribute funds to disc& the ass8ssm~t against the prop- said amount l timatmd to bo $2X,767.96, which npnsants the currant proposed assu8m~nt againat, tha Property, and agprova a change and modification in tha Assusmuk Distrfct prochdings
so that upon confirmration of ummmmtr within t&a Ass~ssmant District no ass~ssmntvould ba levied against the Proputy.
2. Prior to t&a close of the pkctut haaxing conductad pursuant to the "Municipal Improv-ue Act of 1923", 0vnu agr-8 to fila with t&a City Cluk- a urittut vith- draval of OVnu*8 protastto the forma+ion of th@ District and Ownu agr-8 thormaftor not to fila a protaut to such formation. s
3. Whan and if th Local Coa8tal Plan ti ot2mrland u8i rrstrictiona 8rm M medifiad u to pumit dhvalopmant ,of #lo Proputy a!a the City'8'Gmwal Plan concurrently’ pamits dmmlopmont of tha Ropaey and Owner nquuts a pumitta allou dmmlopmenton uid land dthar through a u8a puait, building pa&t, gradiny pkmit or sub- divtiioa or p8rcml'aap, ~wnu shall. tba iaaediately ba oblQ8tad to althor (a)-niaburw tha City for the prin-
ciw - Of tha City'8 c0~fbtrti.M t0 tha uSUM=t Distzkt, plum interoat, u l t foe ho-in, or contri- bution to thy AUMmt Df8+ti~t, plus inB8t, a8 8at forth h-in, or (b) mmcuto a proabrrory nota and dad of trust pursuant to the tar88 and conditiou u sat forth huminaftar. For purpuu of thir AgrumU% "dmmlopmmt" rranr the diVi8iOn Of 18X& grading 01: original comtxuction of an inprCVU@nt- to tW Plop-r which division of land, grading or corutruction i8 of th@ typa normlly umciatedwith ~davoX~~oppo8~ to agricultural activity and which i8 capable of rscsiving andutfliting tha special bumfit8amingtOthO~p~~ frcatha constrwtion of the publicororkr, of improvmmt pursuant to thr Assusmant District.
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Ixa lieu of Paying th* principal and intarwt upon dmval- Wr tb PZoFUtY owner MYI at it8 option, 810ct to ~yallntu necusazyto bringcurrutttha amuntas if U8 lrrHIlrnt had beua lavid, and tbnto pay ae balanca dua over a pufod of y~rs, aaid pried being the balance Of +ha m for +ha is8uanc~ of bonds. This obligation
to pay ova a period of yaarr shall be widencod by a note and deed of trust in fom.ratfsfactor~ to the city atommy, and said amount my ba prepaid at any tima without penalty.
Tha Raimbura-&t Agrument and obligation shall bm in full fOX* and l ffact for thirty (30) years, and tb Proparty Omar*s obligation and paymuk shall’ accru8 int8rmt at tha rata of eight and one-quarter percent (8.25W pU annum from tha da+@ of ismuanca of thm bonds for tha A88a88mnt District for a period of fiftmn (15)
yaara .
'Upon aacsution of this Agr8emt, tha City shall cawo a
copy of thi8 Agrmmant to bo racorded in the .Of fice of tha County RUordU of tha CoUnty of San Diego.
Thir AgrOUant constitutes the antirm agrmmont batvaur ._ tha partiu pertaining to tha 8ubjact mattar containd harain, and 8upucedu all prior and contaporanooW agrumants, roprwantatiorm and undar&andings of the partiu. No supplmant, modification or amandmont of . this Agrament8hallM bindingunlua umutod in writing by all thm parti-. NO W~~VU of any of thy prWi8ionS of thii' Agrumant shall be domed or ahall cozmtitutm a waiver of any other providon, wtmthar or not 8imilar, nor shall any waivu constitute a continuing vaivar. No wafvu shall be binding unless uuutad in writtm by tha partia8 making tha vaivor.
This hgrumant ‘shall ba binding upon and 3nuxa to th banafitof thm rmpectiva hair& pu8orul npn8urta+ivasr succu~ora and auigrm of tha partiu hereto.
All-tim, npruantatiomr COVUWW, obligation8 ' aad~wn+ainad inWmmtrUlSWiv@ tha amcution and tilivuy of thi8 wt and any and
am- in accordanca with tair *rrur+.
In W event that judicial 01: other lag8l action is initiatadput8iaingto the ukforcaantof this Aqnmt, the pravailing m in much action 8hall be antitla to rusonabloattormy~8 fom andcoat&
Any notfco, raquut, doman@ or other -ication to ba givan to l ithu party hareundu ahall bm in Writing =? &alX ba aant by rugfstarad or cutified mail, a8 fOllOW**
IA
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a.
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TOCITY: .
City of Carlrbad 1200 tlr Avenue Carlebad, CA 92008 -.-\ Attention: city Manager
- .- .
TO OWNER:
/ Notice shall have been 'deemed to bi given forty-eight
(48) houre after the same hae bean deposited in the United State8 mail post office box in the State to which the notice ie addressed, or seventy-two (72) hours after deposited' in any such poet office box other than the State in which the notice is addreseed, postage prepaid, addressed ae set fom above. The addreeeee and ad- ,dresseee for such the purpoee of thie paragraph may be changed by giving of written notice of such change in the ' manner provided herein ‘for giving notice. Unless and until such notice is received, .the laet addrese and addreeeee etated by written notice, shall be deemed to continue in effect for all purpose8 hereunder.
IN WITNESS -OF, the parties hereto have executed thie - Reimbursement Agreement on the date and year art forth below. .
EXkJTED at Car&&ad , California, thie *"
day of
ExEcuTgD Id sdi?w i r-5 , California, &is 13
day of Ma//, 1988.
"OWNER*
By: @&f;i&A
PAUL ECRE, SR.
- EXHIBIT 8.
REI?mJRsEMENT AGREEMENT - - -
THIS AGRSUENT is mada by an+ between the CITY OF CARLSBAD ("city"), a municipal corporation, a California limited partnership. and CARLTAS CO. (WvneF),
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RECITALa
The city CoUnCil of the City has initiated proceedings for ldm formation of a Sp8Cial assessment district, pursuant to the terme and provisions of the %ani@pal Improvement, Act of 1913", being Division 12 of the Streete and Highways Code of the state of California, for the conetntction~of certain public work8 of improve- 'ment, -togeth.r with appurtenances and appurtenant work, ” said aueeement district to bs known and designated as
ASSESStENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD)
(h8rainaftSt referred to as the %eeeeement District#).
The public worka of improvementpropoeedto ba constructed pursuant to theAeeeeement District include etreatimprove- manta to PalomarAirportRoad, water improvements, drainage improvomente, utility inetallation and acguieition of right-of-way.
Owner is the owner of certain real proputy located in the City of Carlabad-and identified ae Aee~esor~e Parcel No. 211-021-19 (the "Propertya). Tha Praputy is mare particularly ducribad in Exhibit “A”, yhich is attached hsre$o and by this reference made a part hueof. 1
The Pro&ty is cuxmntly included within tha propoeid boundaries of ths Assessment Dietzict and accordingly to the "InVsstigation Rapae* prepared for.- City pursuant to ths Wpacial ~euemant Inveetigation, Limitation and Majority Rotut Act of 1931," the Property would be
eubjoct to Ueaeemult.
Pumaant to tha procudinge of ttm Vpacial Aasuem~+ Immstigatlon, Limitation and Majority Rotas+ Act of 1931", Ovnu has filed a vrittmn protut mining to _ the formation of tha Aee~eamant Oistxict and.ths 1eW of
the proposti asesssmsnt against t2m Proputy. ovnu~e
protut is bassd upon Ovnu"s bslisf- that ths -pertY
dou not banefit from the propoead public works of hpr- ovenmnts as a ruult of limitstions on dsvolopmsnt placed upon tha Roputy undu tha current Local Coastal Plan and other land uss restrictione.
Owner has agreed to withdraw its protest to t&o formation ofths Aeseeement District if the City agrees to contribute c
.
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procudings to eliminate any proposed aeeeeeaent against the Propatty.
7. City is willing to car&but8 the sum spacifid herein if thm Owner agrees to reimburse the City for such con- tribution plue interest as specified herein when and if the Local Coastal Plan reetrictione on development of the Property and other land uee restrictions are eliminated.
a. Owner is willing to agree to reimburse the City for monies advanced, provided that the terms and conditions hereinafter have a reasonabletimelimitandtheobligation is not perpetual.
NOW, --THEREFORE, upon the terms end conditions end for the coneiderat$on *eat forth hereinafter, ths parties agrees as follower
1. City agrees that it will contribute funds to discharge the aeeeeement against the propmrty said amount estimated to br $ 39S,889.82, which repreeente t&a: current proposed - aeeeeement.agafnet the Property, and approve a change and modification in the Aeeeeement District proceedings so that upon confirmation of ueeeemente within the Aeeeeement District no aee~eemmntvould bs levied against thm Property.
2. Prior to the close of ths protest hearing conducted pursuant to the Wunicipal Imprweunt Act of 1913", Owner agreae to file with t&s City Clerk a written with- drawal of Owner's protest to t&a formatip%pf the District and Owner agreu thueaftu not- to fib a protest to such formation.
3. When a@ if the Lecal Coastal Plan and othu land'uee reetrictione ue ec modified as to puait development of tha Roputy and the City's Guaual Plan concurrently
permite dwalopmontofthr Proputy and OWnu requeete a
permit to allow davalopmant on uid land l ithar through a uss mt, building pstit, grading pumit or sub- div&sion or parul up, Ounsr shall thsn bmediately b* obl*td ta 01th~ (a) raimbure~ tha City for the prin- cipel -t of the City's contribution to ths Aeeeeement District, plue intuut, ae set. forth husin, or contri- bution to ths Assssnsnt District, plus iatsreet, as eat
forth herein, or (b) axacuta a proaimory note and deed of trust pursuant to th. tuas and conditione as u+.
forth huainaftu. For purpomm of this Agmmen+, "deve1opmsnt" msans the divisicn of land, grading or original con8txuction of an imp zovenattoth~Prop~y, which division.of land, grading or conetruction is of the typ normally associated with urbandsvelcpmentae opposed to agricultural activity and which is capable of receiving andutilizingth epwial bumfitsaccruing tothe Property from the conetruction of the public work8 of improv=ant . . - . -. --1 -A 9
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4. In lim of paying the principal and interest \Itp,on devel- opnnt, the Property 0wnu may, at its option, elect to pay all euu necessary to bring currant the amountaeif
an l ee~eem~nt had been levied, and then to paythe balance due ova= a period of years, said period being the balance of the term for the ieeuanc8 of bonds. This obligation to pay over a period of years shall. be evidenced by a note and deed. of trust in form satisfactory to the City Attorney, and said amount may br prepaid at any the without penalty.
5. The Reimbursement Agreement and obligation shill be in full force and effect for- thirty (30) years, and t&e Property Owner's obligation and payment shall aceme interest at tha rate of eight and onwquarter percent 48.2S%) per ennua from the date of ieeuence of the bonds for the Aeeeeement District for a period of fifteen (15) ,( years:
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Upon execution of this Agreement, the City e&l1 cau8e.a copy of this Agreuant to bs recorded in the offics of tha County Recorder of t&a County of San Diego.
This Agmuat constitutes ths entire agreement betveen the partias pertaining to tha subject mattu contained horein, and eupercedee al& .prior and contemporaneous agreements, repreeentations and understandings of the parties. No euppluent, modification or amendment of this Agramnt shall be binding unless exuuted in writing by all t!m parties. No vaiver of ariy of the provieione of this Agresaont shall bs damed or ehall conetitute a waiver of any othir provision, whether or not similar, nor shall any vaivu conatitutm a continuing vaivu. No waiver shall be binding unless exuuted in vritten by the part108 sak%ag ths vaivor.
This Agr@uant shall br binding upon and inum &he bsnefitoftlmzespsctivs hsirs, puaonal rspreesntativee, euccueoza cad assigns of tha partiu hereto.
All mss, reprsssntations, cuvenants, obligatione m contained in ths Agruunt 8hall sumrive tha umcution and dolivuy of this Agrumant and any and all pufoaanws inacccrdancswiththis Agmessnt.
In t&s wont that judicial or othu legal action ie initiatsd putaining to tha anfo rwunt of this Agreue% tha prevailingparty ineuchacticnshall baentithdto rsasonabls attorney~s fug and costs.
Any notics, regueet, daand or 0th~ c oamunication to be given to l ithu paxty hereunder ehall br in writing and shall br esnt by registared or csrtifiedmail, as follm~:
TOCITY: . - .- .
City of Carlrbad 1200 Elm Avenue -. -. Carlsbad, CA 92008 Attention: city Manager
TO OWNER: / / r Carltas Co. Christopher Calkins P.O. Bo% 488 Encinitas, CA 92024
Notice shall have been deemed to. ba given forty-eight .(48) hours after thi same ha8 been deposited in the United State8 mail post office box in the State to which the notice is addressed, or seventy-two (72) hour8 after deposited in any such post office box other -than the State in which the notice i8 addressed, poetage prepaid, addressed as set forth above.. Thm addresses and ad- dressee8 for such the purpo8e of this paragraph may ba changed by giving of written notics of such change in t&e - manner provided herein for giving notice. Unle8e and until such notice * i8 received, the la8t addres8 and addressee stated by written notics, shall be deemed to continue in affect for all purpo8e8 her8under.
IN WITNESS. WHEREOF, thm parties .hrt&o h&a axecuted this Reimbursement Agreemmit on the date.and. year set forth below. .
EXECUTED at C-ad I , Cikifornia, this A*
1988.
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EXECUTEP Ab %~Z,A&,J?+B , California, thf8
day of H&// . 1988.
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RESOLUTION NO. 9 6 - 15
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALlFORNlA, GRANTING THE APPEAL AND
AMENDING PLANNING COMMISSION RESOLUTION NO.
3851 CONDITION NO. 31 OF CARLSBAD TRACT 94-09
WHEREAS, the Planning Commission did on December 6,1995, hold a duly
noticed public hearing as prescribed by law to consider tentative subdivision map CT 94-
09; and
WHEREAS, the Planning Commission approved Planning Commission
Resolution 3851 tentative subdivision map CT 94-99 with conditions at said hearing; and
WHEREAS, the applicant, Carltas Company, did submit an appeal to
Planning Commission Resolution No. 3851, Condition No. 31 of said tentative subdivision
map: and
WHEREAS, said .appeal was duly submitted to the Cii Clerk within the time
prescribed by law: and
WHEREAS, the City Council, of the Cii of Carlsbad on January 9,1996 held
a public hearing to consider the appeal to modii Planning Commission Resolution No.
3851, Condition No. 31.
NOW, THEREFORE, BE IT RESOLVED by the Cii Council of the City of
Carlsbad, California as follows:
1. That the above recitations are true and correct
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2. That the appeal is granted with Planning Commission Resolution 3851
Condition No. 31 being amended to read in whole as follows:
‘(31) The Developer shall reimburse the City for funds
expended by the Cii for road improvements to
Palomar Airport Road. Said reimbursement shall be per
the reimbursement agreement dated May 24, 1988
approved by City Council Resolution No. 88-l 88 or any
amendments made thereto.’
PASSED, APPROVED AND ADOPTED at a regular meeting of the ‘City
Council on the 9th day of JANUARY , 1996, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA L PAUTENKFtANZ, City Clerk (SW
EXHIBIT3. -- .
. .
APPEAL FORH
I (We) appeal the following decision of the Planninq WSion of the
CityofCarlsbad to the City Council:
Project Name and Number (or subject of appeal): planningcamrission I&solution
No. 3851-carlsbad Ranch lkntati\R Map
Date of Decision: ~eu&~er6,19!35
Reason for Appeal: pkaseseeattached,WitA
Carltas Company, a California
limited partnership
DeLcaer 14, 1995
Date
By: Carltas Management, a
California corporation,
its General Pw
Christo @’ & C. Calkins,
President .’
56OOAWPn=inas, Suite 100
Address
Glrlsbd. CA 92008
(619)431-560
Telephone Number
1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 @
z’z
i
-
This Appeal is with respect to Engineering Condition 3 1 (page 8) which reads:
Within 60 days of the approval by the Planning Commission of this
tentative map, the developer shall reimburse the City for funds
expended by the City for road improvements to Palomar Airport Road.
If the reimbursement is not made within the time period specified and
unless the time has been extended by the City Manager for no more
than an additional 60 days because of adequately demonstrated
hardship, this project will not be in conformance with the General Plan
and it’s approval by the Planning commission shall become null and
void.
Reason for Appeal:
When the Palomar Airport Road Assessment District was formed, the City advanced the
amount of the assessment for the Carltas property subject to a Williamson Act Contract,
with an agreement from Carltas to reimburse the City when the land could be used for
something other than agriculture.
Although the Planning Commission may ,take action to recommend land use among
changes and approve a Tentative Map, no action can be effective, nor can the land be
used for non-agricultural purposesuntil the Williamson Act Contract is canceled or
expires.
Imposing the burden of immediate repayment before final cancellation is unreasonable
and unrelated to the change in land use.
Therefore, we request that Condition 3 1 be modified to provide for payment 60 days after
of the Wimon Act affecting the property.
cbapcal
2-3
February 13, 1996
Ms. Monica R. Browning
Carltas Company
5600 Avenida Encinas, Suite 100
Carlsbad, CA 92008
Re: Carlsbad Ranch
Amendments to Reimbursement Aqreements
Enclosed is one fully executed original Amendment with Paul Ecke, Sr., and one fully
executed original Amendment with Carltas Company. We have retained one original
of each, and will be forwarding them to the County Recorders Office for recordation.
Thank you for your assistance in this matter, and please don’t hesitate to call if you
have any questions concerning same.
City Clerk
alr
Enc. (2)
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-2808
. *
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CFlRlTRJ comww
January 31, 1996
Earlene M. Roper
Finance Department
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-I 989
Re: Carlsbad Ranch
Amendments to Reimbursement Anreements
Dear Earlene:
Enclosed please find four (4) original Amendments which have been executed
by Owner; two (2) identical Amendments with’ respect to the Carltas
Reimbursement Agreement and two (2) identical Amendments with respect to
the Paul Ecke, Sr., Reimbursement Agreement.
I understand that all four (4) forms will be signed on behalf of the City, then one
(1) original of each of the Carltas Amendment and Paul Ecke, Sr., Amendment
will be recorded in the Office of the County Recorder, with the remaining
originals returned to Carltas for our files.
Than you for your attention to this matter.
Very truly yours,
Monica R. Browning
enclosures
cc: Chris Calkins (w/enclosures)
5600 AVENIDA ENCINAS l SUITE 100 l CARLSBAD, CALIFORNIA 92006 U.S.A.
(619) 431-5600 FAX (619) 431-9020