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HomeMy WebLinkAbout1996-08-13; City Council; 13769; Carlsbad Ranch Unit 1 Final Maprh .4 CITY OF CARLSBAD -AGENDA BILL AB# /3;3fk 7 TITLE: MTG. Auaust &I996 DEPT. ENG RECOMMENDED ACTION: APPROVING FINAL MAP CARLSBAD TRACT NO. 94-09-l CARLSBAD RANCH UNIT 1 Adopt Resolution No. 94 -236 approving the Final Map for Carisbad Tract No. 94-09-1, Carlsbad Rsnch Unit I. Ia*No & ArmAnlA’Or8) tFL.E:T ITEM EXPLANATION: Qd ‘) cab sOurVcl s’%j PR cb, /~5, Engineering staff has completed checking the final map of Carlsbad Tract 94-09-l. This subdivision is located north of Palomar Airport Road and generally east of Paseo Del Norte and Car Country Drive. This is the first unit of the total of three units within the currently approved Carlsbad Ranch Specific Plan. The Carlsbad Ranch Specific Plan was amended and the amendment approved by the City Council on January 9, 1996. The final map is comprised of eight (8) lots with uses as follows: general commercial, office, planned industrial, and open space. Lot 1 is an open space lot previously dedicated to the City as an open space easement and rededicated with the recordation of this map. The original dedication was for 39.1 acres. The size of the lot was increased to 53.8 acres with the approval of SP 207(A) and CT 94-09. This lot is an agricultural preserve that has traditionally been referred to as the “Flower Fields”. A deed restriction has been recorded requiring open-field flower production on the lot in perpetuity. Lot 3 and 5 are zoned open-space lots and are not proposed for development at this time. Lot 2 is zoned for general commercial. Lot 4 is zoned for office/planned industrial. Although development is not proposed at this time on Lot 4, it has been identified as a possible expansion lot for the Gemological Institute of America. Lots 6, 7, and 8 are zoned office/planned industrial. Lots 1, 2, 3, 4, 5 and a portion of the Lego Drive are located within an area protected by the Williamson Act Land Conservation Contract. The Carltas Company intends to buyout Lot 2 and a portion of Lego Drive. One of the requirements for the buy-out is the recordation of this final map. Lots 1, 3, 4 and 5 will continue in the Williamson Act Land Conservation contract and continue to be used for agriculture. The final map conforms substantially with the tentative map, the Carlsbad Municipal Code, the Subdivision Map Act and with the conditions of approval of the City Council approved on January 9, 1996, per Resolution No. 961 and the Planning Commission on December 6, 1995, per Resolution No(s). 3851, 3852 and 3853. Because the map conforms to the existing Specific Plan and tentative subdivision map, approval of the final map is a ministerial act. This map has been found to be consistent with the Growth Management Ordinance and the requirements of the Local Facilities Management Plan for Zone 13. Currently all public facilities within or impacted by Zone 13 meet or exceed the adopted performance standard and will be guaranteed by virtue of the payment of the Zone 13 facility fee. For a more complete analysis of the public facilities impact for this project, see the attached Local Facilities Impact Assessment Form. The developer has contracted with a licensed environmental consultant to provide construction observation and monitoring services for the mitigation measures required by the tentative map and the environmental impact report for the subdivision. Page 2 of Agenda Bill No. L.“yb ? h Fleet Road, Sound Street and a portion of Armada Drive Street Vacation Fleet Road, Sound Street and a portion of Armada Drive, that were previously dedicated but not in use, will be vacated with the recordation of the map. The utility companies have been notified and no objections have been received. There were no utilities in the portions vacated, therefore a general utility easement is not required. Stockpile Aqreement “Lots 9. 10, 11 and 14” The grading for this unit requires an export of approximately 400,000 cubic yards of soils. The overall project balances and the developer has requested to stockpile the material within the project boundaries outside of Unit 1. A stockpile pen-nit is required to complete the grading outside the limits of the grading for the first unit. FISCAL IMPACT: The exact amount of public facility fees are unknown until the applicant submits an application for Building Permits. All development applications for projects within Carlsbad Ranch will require a Site Development Plan. Impacts and fees can be better determined at that time. No detailed economic impact analysis of this development has been conducted. Increased operating expenses related to this project are expected to be offset from the increased tax or fee revenue. No exact percentage of offset can be predicted at this time. The vacation of Fleet Road, Sound Street and a portion of Armada Drive will result in approximately 3.643 acres of land being returned to the tax rolls. The developer is constructing a Master Drainage Plan Facility. The cost to construct this facility exceeds the drainage fees for this unit. In accordance with Carlsbad Municipal Code Section 15.08.0450(c), the developer will receive a fee credit for Unit 1. Exhibit 5 details the drainage fee calculation and credit. This project is located within Community Facilities District No. 1 (CFD) and has been annexed to Community Facilities District No. 1 (CFD) as part of Annexation No. 1. Annual special taxes on the undeveloped land will be levied on all lots within the subdivision. Because this is a commercial/industrial project the owner has the option of 1) paying the one time special development tax at time of issuance of building permit or 2) of having the one time special development tax amortized and paying annually for 25 years. Page 3 of Agenda Bill No. _ -yw7 . PUBLIC FACILITY ADEQUACY STATUS Facility Zone Local Facilities Management Plan Special Facilities Fees 13 Zone 13 Required $0.40 per square foot for pat-l land acquisition and construction. EXHIBITS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Location Map Site Exhibit - Stockpile “Lots 9, IO, 11 and 14 Site Exhibit - Street Vacation CFD No. 1 Developable Area Projections Local Facilities Impact Assessment Form Drainage Fees Stockpile Agreement, Carlsbad Ranch Company L.P., owner Stockpile Agreement, Carlsbad Estates Holding, Inc., owner Resolution No. 96 - 3.16 approving a Final Map for Carlsbad Tract No. 94-09-I Resolution No. ‘?I%- a3 3 to summarily vacate a portion of Armada Drive, Fleet Road and Sound Street, PR 6.125 1 2 9 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 h RESOLUTION NO.96-776 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FINAL MAP FOR CARLSBAD TRACT CT94-09-l. CARLSBAD RANCH UNIT I. WHEREAS, Carlsbad Ranch Company, L.P., a California Limited Partnership, has submitted a final map known as Carlsbad Tract No. 94-09-l to the City of Carlsbad for approval; and WHEREAS, the Tentative Map of Carlsbad Tract No. 94-09 with conditions was approved by the Planning Commission on December 6, 1995 pursuant to Resolution Number 3851; and WHEREAS, the City Engineer has determined that said map substantially conforms to said conditionally approved tentative map; and WHEREAS, the conditions of approval for said final map have been completed or secured; and WHEREAS, the developer has offered public streets and public easements for dedication to the City of Carlsbad and the vacation of previously dedicated streets Fleet Road, Sound Street and a portion of Armada Drive; and WHEREAS, the final map conforms to the City of Carlsbad General Plan and all requirements of City Codes and Standards; and, WHEREAS, the City Council of the City of Carlsbad determined it to be in the public interest to approve said Final Map; 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 said Final Map known as Carlsbad Tract CT 94-09-l from Carlsbad Ranch Company, L.P., which is on file with the City Engineer and is incorporated herein by reference, is accepted. 3. That the City accepts dedications shown on the Final Map and the vacation of Fleet Road, Sound Street and a portion of Armada Drive. Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That the City Clerk is authorized to sign the Certificate of Acceptance on the Final Map. 5. That the City Clerk is authonzed to cause the original Final Map to be recorded in the Office of the County Recorder of San Diego County, State of California. 6. That the City Clerk is authorized to release the map to Fidelity National Insurance Title Company for recording in the office of the County Recorder. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 13ttiay of Augus\ 1996 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Hall and Finnila NOES: None ABSENT: None ATTEST: (SEW $&OD9 33 -J RECORDING REQUESTED BY: City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 WHEN RECORDED SEND TO: City Clerk's Office City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 CERTIFIED COPY OF CITY COUNCIL RESOLUTION AJWUDA DRIVE, FLEET ROAD AND SOUND STREET, PR 6.125. NO. 96-277 SUMMARILY VACATING A PORTION OF \ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 96-277 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SUMMARILY VACATING A PORTION OF ARMADA DRIVE, FLEET ROAD AND SOUND STREET, PR 6.125. WHEREAS, a request has been made to vacate a portion of Armada Drive, Fleet Road and Sound Street; and WHEREAS, Tentative Map CT 94-09 Carlsbad Ranch has received all discretionary approvals and proposes a street and lot layout different from that recorded with CT 92-07-3 ; and WHEREAS, all utility companies have been notified and no objections have been received ; and WHEREAS, the vacation of this area is consistent with the General Plan; and WHEREAS, the vacation of this excess right-of-way will result in approximately 3,643 acres of land being returned to the tax rolls; and WHEREAS, the excess right-of-way has not been maintained as a public right-of-way for a period of five year or more; 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. Easements and rights necessary to maintain, operate, replace, remove or renew in- place public utility facilities are reserved and excepted from the vacation. 3. That, pursuant to Division 9, Part 3, Chapter 4 of the California Street and Highways Code said excess right-of-way more particularly described as Exhibit A, and shown for the sake of clarity on Exhibit B, be summarily vacated. 4. The City Clerk is directed to record this resolution in the office of the County Recorder of San Diego County. Ill Ill Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. From the date the resolution is recorded in the County Recorder's office, the area vacated no longer constitutes a street. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 13thday of August , 1996 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Hall and Finnila ATTEST: 1 ALETHA L. RAUT (SEAL) EXHIBIT "A" LEGAL DESCRIPTION FOR VACATION OF A PORTION OF ARMADA DRIVE, FLEET ROAD AND SOUND STREET PR 6.125 202 That certain real property situated in the State of California, County of San Diego, City of Carlsbad described as follows: PARCEL 1 A strip of land 9.00 feet wide being those portions of Armada Drive within Carlsbad Tract No. 92-7, Carlsbad Ranch, Unit 3 as shown on Map No. 13215 filed in the office of the County Recorder of said County on June 30, 1995 as File No. 1995-0277693 and Carlsbad Tract No. 94- 09, Carlsbad Ranch, Unit 1 as shown on Map No. /3=7 filed in the office of said County Recorder on 9- , 1996 as File ~o./F%-Dg32'# described as follows: Beginning at the most Southerly corner of Lot 13 of said Tract No. 92-7 thence South 63"50'20" West, 9.09 feet along the Southwesterly prolongation of the Southeasterly line of said Lot 13 to a point on a non-tangent curve concave Southwesterly having a radius of 73 1 .OO feet, said point being in the Northeasterly right-of-way of Armada Drive as shown on said Map No. , a radial line to said point bears North 71O55'14" East; thence along said Northeasterly right-of-way through the following four (5) courses; Northwesterly 691.09 feet along said curve through a central angle of 54"10'04", tangent from said curve, North 72O14'50" West, 313.97 feet to the beginning of a tangent curve concave Northeasterly having a radius of 624.00 feet, Northwesterly 541.93 feet along said curve through a central angle of 49"45'38", and tangent from said curve, North 22"29'12" West, 961.57 feet to the beginning of a tangent curve concave Easterly having a radius of 624.00 feet, and Northerly 618.06 feet along said curve through a central angle of 56"45'01" to a point of intersection with the Northwesterly prolongation of the Northeasterly line of Lot 9 of said Tract No. 92-7 as shown on said Map No. 132 15; thence radial from said curve along said prolongation, South 55"44'11" East, 9.00 feet to the most Northerly corner of said Lot 9, said corner being a point on the Northeasterly right- June 17, 1996 Page 1 of 4 H8cA Legal No. 4065 I'qal-cd By: 1%. Foss Ck'tl By: 12. Etelnadi/sa W.O. # 17742X of-way of Armada Drive as shown on said Map No. 13215, said point also being on a non- tangent curve concave Easterly having a radius of 615.00 feet, a radial line to said point bears North 55O44'11" West; thence along the Southwesterly lines of Lots 9, 10, 1 1, 12 and 13 of said Tract No. 92-7 and along said right-of-way through the following six (6) courses; Southerly 609.14 feet along said curve through a central angle of 56O45'01", tangent from said curve, South 22"2912" East, 961.57 feet to the beginning of a tangent curve concave Northeasterly having a radius of 615.00 feet, Southeasterly 534.1 1 feet along said curve through a central angle of 49"45'38", tangent from said curve South 72O14'50" East, 313.97 feet to the beginning of a tangent curve concave Southwesterly having a radius of 740.00 feet, and Southeasterly 698.32 feet along said curve through a central angle of 54°04'08" to the Point of Beginning. PARCEL 2 All of that certain road known as "Fleet Road" within Carlsbad Tract No. 92-7, Carlsbad Ranch, Unit 3, as shown on Map No. 132 15 filed in the office of the County Recorded of said County on June 30, 1995 as File No. 1995-027769, more particularly described as follows: Beginning at a point in the Northeasterly right-of-way of Armada Drive shown on said map, said point being the Southeasterly terminus of that certain course in the Southwesterly line of Lot 11 of said Tract No. 92-7 shown as having a bearing and distance of "North 22O29'12" West 375.63 feet" said point also being the beginning of a tangent curve concave Northerly having a radius of 25.00 feet; thence along the right-of-way of said Fleet Road as shown on said map through the following courses: Easterly 39.27 feet along said curve through a central angle of 90°00'00", tangent from said curve, North 67"30'48" East, 245.50 feet to the beginning of a tangent curve concave Southerly having a radius of 330.00 feet, Easterly 231.76 feet along said curve through a central angle of 40°14'22", tangent from said curve, South 72"14'50" East, 805.82 feet to the beginning of a tangent curve concave Northerly having a radius of 270.00 feet, Easterly 200.47 feet along said curve through a central angle of 42"32'30", non-tangent from said curve, South 24"47'20" East, 66.00 feet to a point on a non-tangent curve concave Northerly having a radius of 336.00 feet, a radial line to said point bears South 24"47'20" East, Westerly 249.48 feet along said curve through a central angle of 42"32'30", tangent from said June 17, 1996 Page 2 of 4 W.O. # 1774-2x I-J&A Leg11 No. 40G5 €'r<:pared By: 13. Foss Ck'd By: 13. Etcttratli/sa c- - 204 curve North 72O14'50" West, 805.82 feet to the beginning of a tangent curve concave Southerly having a radius of 264.00 feet, Westerly 185.41 feet along said curve through a central angle of 40"14'22", tangent from said curve South 67"30'48" West, 239.19 feet to the beginning of a tangent curve concave Easterly having a radius of 25.00 feet, and Southerly 42.93 feet along said curve through a central angle of 98O23'27" to a point in the Northeasterly right-of-way of said Armada Drive, said point being on a non-tangent curve concave Northeasterly having a radius of 615.00 feet, a radial line to said point bears South 59O07'21" West; thence along said Northeasterly right-of-way, Northwesterly 90.06 feet along said curve through a central angle of 08O23'2'7"; thence tangent from said curve North 22"29'12" West, 29.91 feet to the Point of Beginning. PARCEL 3 All of that certain road known as "Sound Street" within Carlsbad Tract No. 92-7, Carlsbad Ranch, Unit 3, as shown on Map No. 13215 filed in the office of the County Recorder of said County on June 30, 1995 as File No. 1995-027769, more particularly described as follows: Beginning at a point in the Northeasterly right-of-way of Armada Drive shown on said map, said point being the northwesterly terminus of that certain curve in the Southwesterly line of 13 of said Tract shown as having a radius of 740.00 feet, a delta of 40"15'21" and a length of 5 19.92', a radial line to said point bears North 3 l"33'57" East; thence continuing along said right-of-way and said 740.00 feet radius curve, Northwesterly 119.45 feet along said curve through a central angle of 09O14'55" to a point on a non-tangent curve concave Northerly having a radius of 25.00 feet, a radial line to said point bears South 22"19'02" West; thence leaving the right-of-way of said Armada Drive along the right-of-way of Sound Street through the following courses; Easterly 40.95 feet along said curve through a central angle of 93O5 1'4 l", tangent from said curve North 18"27'22" East, 360.75 feet to the beginning of a tangent curve concave Southwesterly having a radius of 25.00 feet, Northwesterly 39.58 feet along said curve through a central angle of 90"42'12" to the Southwesterly right-of-way of Fleet Road as shown on said map; thence, non-tangent from said curve, South 72"14'50" East, 122.01 feet along said Southwesterly right-of-way to a point in the right-of-way of said Sound Street being the June 17, 1996 Page 3 of 4 II&A Legal No. 4065 Preparcd By: U. Foss Ck'tl By: 1%. Etonlatli/sa W.O. #1774-2X beginning of a non-tangent curve concave Southeasterly having a radius of 25.00 feet, a radial line to said point bears North 17°45'10" East; thence along last said right-of-way through the following courses; Southwesterly 38.96 feet along said curve through a central angle of 89"17'48", tangent from said curve, South 18O27'22" West, 380.45 feet to the beginning of a tangent curve concave Easterly having a radius of 25.00 feet and Southerly 33.55 feet along said curve through a central angle of 76O53'25" to the Point of Beginning. All as shown on Exhibit "B" attached hereto and by reference made a part hereof. Tom R. McGannon, R.C.E. 23956 Registration Expires: 12/3 1/97 June 17, 1996 Page 4 of 4 W.O. # 1774-2x Prepared By: 1%. Foss Ck'd By: 1%. Etclnatli/sa IXgdl No. 4065 I// EXHIBIT "Bn PR 6.125 206 BASIS OF BEARINGS: THE BEARING OF N22'29'12"W ALONG THE CENTERLINE OF ARMADA DRIVE AS SHOWN ON MAP NO./=(7 WAS USED AS THE BASIS OF BEARINGS FOR THIS DOCUMENT. I 1 I !_ltgk 46' \ 46' \ \ 13215 ............. ; ..:. e..: ; :..* ; : ...i ..... : ..... : \ /-33<7 ............. ; ..:. -.*: : :... ..... .. .... ......... Hunsaker h Associates Imine, Inc. VACATION OF ARMADA DRIVE, FLEET ROAD AND SOUND STREET Three Hughes. Imine. CA 92718 (7t4) 583-1010 Planning Engineering Surveying IN THE CITY OF CARLSBAD, COUNTY OFSAN DIEGO. STATE OF CALIFORNIA ,ATE: 6-17-96 I APN # 221 -022-07,08,09,10,11 & 13 I SCALE: 1"=100' I W.O. 1774-2X K: \DT\l774\2\CALC\LD\6045\SHTl .DWG I H&A LEGAL No. 4065 I SHEET 1 OF 4 r) 0 9 " i /3 757 EXHIBIT AB" PR 6.125 2p7 LEGEND: ( ) INDICATES INFORMATION PER TRACT NO. 13215 .............. ......... ..... ......... ..... ...... ...... ............. ..... ...... .... :..: ........... / /o- E, /'LhJj+-." TOM R. MCGANNON REG. EXPIRES 6-30-96 Hunsaker h Associates Imine, inc. VACATION OF ARMADA DRIVE, FLEET ROAD AND SOUND STREET Three Hughes. Imine. CA 92718 (714) 583-1010 Planning Engineering a Surveying IN THE CITY OF CARLSBAD, COUNTY OF-SAN DIEGO, STATE OF CALIFORNIA 'AT: 6-17-96 I APN # 211-022-07,08,09,10,11 & 13 1 SCALE: 1"=100' I W.O. 1774-2X K: \DT\l774\2\CALC\LD\6045\SHT2.DWC 1 H&A LEGAL No. 6045 I SHEET 2 OF 4 * . . . . . . . . . .. .. . .. ... .. .. . . . . . . . . . . . ... .. . . ..- .. . .... -?& R, /~-&” TOM R. MCGANNON REG. EXPIRES 6-30-96 LEGEND: ( ) INOICATES INFORMATION PER TRACT NO. 1321 5 Hunsakm &-Associates Imine, Inc. VACATION OF ARMADA DRIVE, Three Hughes, Imine. CA 92718 (714) 583-1010 IN THE CITY OF CARLSBAD, COUNTY OF.SAN DIEGO. STATE OF CALIFORNIA Planning Engineering Surveyinp FLEET ROAD AND SOUND STREET 6-17-96] APN # 211-022-07,08,09,10,11 & 13 W.O. 1774-2X SCALE: 1 ”= 100’ K: \DT\1774\2\CALC\LD\6045\SHT3.DWG SHEET 3 OF 4 H8A LEGAL No. 6045 .. LEGEND: I 0 INDICATES INFORMATION PER TRACT'NO. 13215 ...... ........ ......... ......... ...... ............. ..... ....... ..... ........ ...... .............. * .*. ..... . .-. ......... : Hunsaker & Associates Imine, Inc. VACATION OF ARMADA DRIVE, FLEET ROAD AND SOUND STREET Three IIughes. Imine. CA 92718 (714) 583- 1010 Planning Engineering Surveying IN THE CITY OF CARLSBAD. COUNN OF-SAN DIEGO, STATE OF CALIFORNIA IAE. 6-17-96 APN # 21 1-022-07,08.09,10.11 & 13 SCALE: 1"=100' W.O. 1774-2X K: \DT\1774\2\CALC\LD\6045\SHT4.DWG H8A LEGAL No. 6045 SHEET 4 OF 4 4 CITY OF OCEANSIDE PROJECT NAME CARLSBAD RANCH UNIT I WN By: SCOTT EVANS. CARLSRAO FNCINFFRINC OFPT PROJECT EXHIBIT NUMBER CT94-09-1 7 SITE EXHIBIT : cm OF OCEANSIDE PROJECT NAME CARLSBAD RANCH UNIT I PROJECT EXHIBIT LOTS 9, 10, II & 14 STOCKPILE NUMBER CT94-09-I 2 ‘AW BY SCOTT EVANS. CPRLSBAD ENUNEERING DEFT SITE EXHIBIT / -, STREETS TO BE VACATED PROJECT NAME PROJECT EXHIBIT CARLSBAD RANCH UNIT I NUMBER CT94-09-7 3 EXHIBIT 4 CFD NO. 1 DEVELOPABLE AREA PROJECTIONS .:. .:. . . . .> . . . . .: .,.,. .:. .,. ‘. / .:. i . . . . . . . . . .,. .,. .;.. . . . . . . . . . . . . . . . .,_ .,. ~ :,::~:,::~:.::~:,:::::,:,:::::::::::’~:::.:::.:::.:::.:::.:.,:,,:,::,:~:::.:::.:::.:::::::.:::.:::.::::::.:::.:::.::- :,:.::,::::::::.::::::::.::::.:::.::,: ::::,::; :::.:::.:::.:::.:::.:::.:::.:::.:.::.:::.::: .::: :::::::::.:::.:::.:::.:: :..... . ..I... :::,:::::‘::.:::.:::‘:‘:.:::,::.:.:::::i::t:::::::::,::,:,::,:,::,:~:::::::~::.:~:‘:‘:~:.:.:::.:,:.::.::::.:.:::::.::~:::.:::~::::::‘: ::~:.j::.j::,:.::,:::::,::::::,:,:,:::~ :::.::i:::i: .::: ::i:i~i’i:i:.:,ii::‘::::::::~ ::::,:.:::.::,:.: y :I.-.. -. i’ii:i.ixirii~i,i:~~~~~~~~~~~~~~~:~M~~R~~~~~~~~~~~~~~~~~~~ :‘~~N~~~~~~~~~~~~i;N~~~~~. I..I...Iii:i~~~~~~~~~~~~~~~~~~~~ .:.. .: . ..i.... . . . . . . . . ..A .,...... ............ ...... ...ii:..:.. :........ .... .... ./. ...... ..... ................................... 1 OS 53.80 I I The annual special tax will be based on the General Plan designation and acreage of developable land as shown on in this table. . EXHIBIT 5 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM COMPLIANCE E Drainage: Adequacy of Existing Facilities Unknown Yes F Circulation: Average Daily Trips Unknown Yes (Trip Distribution identified on site plan) G Fire: Served by Fire Station No. 4 Yes H Open Space: Acres Unknown Yes I Schools: Carisbad Unified School District Unknown Yes (Demands determined by school district) J Sewer: Equivalent Dwelling Units Unknown Yes Sub Basin 13A (Trunk line(s) impacted identified on site plan) K Water: Unknown Yes The purpose of this subdivision is to subdivide lots and grade pads for future development. Each lot is required to receive approval of a Site Development Plan. At this time, the facility impacts are not known since they are based on building square footage and use. The impacts will be determined using the Site Development Plan review when the building square footages are provided. An Environmental Review Report was completed and certified by the City Council. The Environmental Review Report analyzed the impacts to facilities and improvements to comply with the standard will be completed with this project. ,’ - : ? 2 zz s z n” - 3 - a - a 3 ‘a d - G 2 - s 2 s d - N 333 8 d 8 d - 8 cr, F? - a - 0 3 l - % s - % 3 i- d - c-4 - - s ri % $ 8 z W-T - 24 X - al - ? 3 1 % % 8 - & 2 - % 2 ii-- d - * - Y d s 6 - k 2 - 0 - 0 5% 8 : w T % b d - v-l - 3 3 ; - 8 5 f - 2 - 0 - i s B % 8 r d - z i - t+ a: - \o - T 6 - s x ? w - 3 X - 0 - I= s 5 I % 8 s d - B i - 2 0’ - l- T d s 5 d - 34 X - 0 - 1 5 1 5 8 - 8 d - x 0’ - B -i - 00 3 =i d s 5 d - B - 0 - ii - s: d - g d - zz 6 - it x c! w - g. - 8 \d 2 i - 3 X - u - il - F3 A - $ d - G A - % .a 8 83 3 - ? 5 2 s 3 d - 3 X - 0 - I - 2 d - :: 0; - E? i - .B & L RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSSAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 211-023-09 PROJECT NO. & NAME: CT 94-09 Carlsbad Ranch AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR AN UNCONTROLLED STOCKPILE THIS AGREEMENT is entered into this IOYk day of JCtitij I 19 die 3 ' , by and between Carlsbad Ranch Company, L.P., a California Limited Partnership, hereinafter referred to as "Owner/Developer" whose address is 5600 Avenida Encinas, Suite 100, Carlsbad, California, 92008, AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as 'lCITY,1' whose address is 1200 Carlsbad Village Drive, Car&bad, California 92008. RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit "A", attached to and made a part of this agreement, and hereinafter referred to as "Property'@; and WHEREAS, the property lies within the boundaries of City; and WHEREAS, Developer wishes to stockpile Material cubic yards on Owners property (Exhibit A): and WHEREAS, Owner acknowledges that as an uncontrolled stockpile on the site is not eligible for a building permit unless special AGREEMENT/A&30.FRM -I- Rev. g/7/95 soils analysis and foundation design are submitted and approved; and WHEREAS, the Owner desires to continue to use the land for agricultural purposes; and WHEREAS, Developer acknowledges that the grading shall be done and maintained in a safe and sanitary manner at the sole cost, risk and responsibility of Developer or his successors in interest; and WHEREAS, the grading or stockpiling shall be constructed in accordance with plans approved by the City Engineer. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agrees as follows: 1. Developer and Owner promise to assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City of Carlsbad, and its officers, agents, and employees, from all claims, loss, damage, injury and liability of every kind for injuries to persons, or property, directly or indirectly resulting from the subject matter of this agreement, including, but not limited to, diversion of waters, blockage or alteration of the normal flow of surface waters or drainage: encroachment of any stockpile on neighboring property: or by any action or grading operation used in placing or removing the uncontrolled stockpile. 2. This agreement shall be approved by the City Council and recorded by the City Clerk in the Office of the County Recorder as an obligation upon the land involved. /// /// /// /// AGREEMENT/AG-30.FRM -2- Rev. 9/T/95 3. This notice shall remain in effect until a release of this agreement if filed by the City Engineer. IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written. OWNER/DEVELOPER: Carlsbad Ranch Company, L.P., a California Limited Partnership By: Carltas Company, a California Limited Partnership, General Partner By: Carltas Management, a California - CITY OF CARLSBAD, a municipal corporation of the State of California By: Assistant City Manager ATTEST : aR.ge By: ALETHA L. RAUTENKRANZ City Clerk Upon Approval of the City Council on August 13, 1996 (Proper notarial acknowledge must be attached.) of execution by OWNER and DEVELOPER (President or vice-president and secretary or assistant ,secretghT must sign for car orations. corporation must at ii! 1.f only .one officer signs, ach 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 City Attorney AGREEMENT/AC-30.FRM -3- Rev. g/7/95 . ’ a_ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of cGw+am County of s&d ‘T>((--(~o On J&L\! f0, 1946 I Date before me, K&?&&j 4 P&=~~~, dbm’/ pL//3o,c Name and We of Officer (a.g.,XJane Doe, Notary Public”) personally appeared _ CO. Name(s) of Signer(s) h ersonally known to me -e thn basis to be the person whose name(e)@&esubscribed to the within instrument and acknowledged to me that@shef%y executed the same in @h&&r&r authorized capacity&e), and that by 6&YheMeir signature(e) on the instrument the person& or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand andofficial seal. 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: I?( #!t?Zl/&& ?- 1 ;rlc li/\,iT Or\\ 71/( (2.1 .-.t u L?*~K 1C. f/L (2 Document Date: , li 1-v /o, / 9 96 _I Number of Pages: -3 r?Lti.cj L-XH~ Signer(s) Other Than Named Above: p/T )/ ~?‘Ifl/I![][i/~‘~~ , Al .KTfl74 L I f7oNq-4 /$f /s ,j LC. f?A 1 I SzN KIcAd z, Capacity(ies) Claimed by Signer(s) Signer’s Name: p l//7? I .S*/?~kK!:.fl c. c&-$ Cl Individual &Corporate Officer Title(s): j2fQC, i 0,L’r\l’-j. 17 Partner - III Limited fl General 0 Attorney-in-Fact q Trustee q Guardian or Conservator 0 Other: Signer Is Representing: CAllL5&A(! (?_A,~‘;( ii c 0 . )p( CA([_-fl\3 cl?. (3 Pltec.77’1 5 ~IAiz: lxx7 I / t;7LI-j’- I fi. %igner’s Name: 0 Individual 0 Corporate Officer Title(s): 1.1 Partner - 0 Limited E-1 General a Attorney-in-Fact 117 Trustee !5 Guardian or Conservator l-1 Other: Signer Is Representing: I J 0 1994 National Notary Assoc~al~on - 8236 Hemmel Ave. PO Box 7184 - Canoga Park. CA 91309~7184 Prod No 5907 Reorder Call Toll-Free l-800.876-6827 h EXHIBIT “A” PARCEL “B” OF THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED ON OCTOBER 24, 1995, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, AS DOCUMENT NO. 19950479822. . ..\ , . . , A RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 211-022-16 PROJECT NO. & NAME: CT 94-09 Carlsbad Ranch AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR AN UNCONTROLLED STOCKPILE THIS AGREEMENT is entered into this ' 3c, #I day of Jd I 19 96 , by and between Carlsbad Ranch Company, L.P., a California Limited Partnership, hereinafter referred to "Developer1f whose address is 5600 Avenida Encinas, Suite 100, Carlsbad, California, 92008 and Carlsbad Estate Holding, Inc., a California Limited Corporation, hereinafter referred to as "Owner" whose address is 5600 Avenida Encinas, Suite 130, Carlsbad, California, 92008, AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "CITY," whose address is 1200 Carlsbad Village Drive, Carlsbad, California 92008. RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit "A", attached to and made a part of this agreement, and hereinafter referred to as "PropertyIt; and WHEREAS, the property lies within the boundaries of City: and AGREEMENT/AC-30.FRM -l- Rev. 9/?/95 , 0% WHEREAS, Developer wishes to stockpile Material cubic yards on Owners property (Exhibit rlA"); and WHEREAS, Owner acknowledges that as an uncontrolled stockpile on the site is not eligible for a building permit unless special soils analysis and foundation design are submitted and approved: and WHEREAS, the Owner desires to continue to use the land for agricultural purposes; and WHEREAS, Developer acknowledges that the grading shall be done and maintained in a safe and sanitary manner at the sole cost, risk and responsibility of Developer or his successors in interest: and WHEREAS, the grading or stockpiling shall be constructed in accordance with plans approved by the City Engineer. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agrees as follows: 1. Developer and Owner promise to assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City of Carlsbad, and its officers, agents, and employees, from all claims, loss, damage, injury and liability of every kind for injuries to persons, or property, directly or indirectly resulting from the subject matter of this agreement, including, but not limited to, diversion of waters, blockage or alteration of the normal flow of surface waters or drainage: encroachment of any stockpile on neighboring property; or by any action or grading operation used in placing or removing the uncontrolled stockpile. 2. The property described on Exhibit rlAV attached hereto includes parcels identified on the Master Tentative Map for Carlsbad Ranch [C.T. 94-091 as Lot 18 ("Legoland Site"). Upon conveyance by Owner of fee title to the property described on AGREEMENT/AC-30.FRM -2- Rev. 9/7/95 ,- / Owner Exhibit WAW other than the Legoland Site, tkre-undmbne& and successor owners of all or any portion of the Legoland Site shall be released from all further liability or obligation under this Agreement. This Agreement shall be approved by the City Council and recorded by the City Clerk in the Office of the County Recorder as an obligation upon the land involved, subject to the foregoing release provisions. 3. The City agrees that Developer shall be primarily liable for indemnifying the City and Owner shall be secondarily liable. In the event the City has any right to indemnification from -&h-e I Owner ItnW&@, the City agrees to first exhaust its rights and remedies against Developer prior to pursuing Owner. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// AGREEMENT/AG-30.FRM -3- Rev. 9/T/% 4. This notice shall remain in effect until a release of this agreement if filed by the City Engineer. IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written. DEVELOPER: CITY OF CAFUSBAD, a municipal corporation of the State of Carlsbad Ranch Company, L.P., a California California limited partnership By: Carltas Company, a By: California limited Asst. City Manager partnership, General Partner ATTEST: By: Carltas Management, ALETHA L. RAUTENKRANZ City Clerk Upon Approval of the City Council on August 13, 1996 OWNER: Carlsbad Estate Holding, Inc. a By: (Print Name/Title) (Proper notarial acknowledge of execution by OWNER and DEVELOPER 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 City Attorney AGREEMENT/AG-30.FRl.l -4- Rev. 9/7/9!i i . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californi County of ‘moo Onrn beforeme, Karen A. Phelps, Notarv Public I Name and lille of Officer (e.g.. ‘Jane Doe. Notary Public”) personally appeared Christopher C. Catkins----------- I Name(s) of Signer(s) @personally known to me - ~~~rlr’o(/Rd/fd~~~~~~~%~~~~d~~~~~~Nd~~BPto be the personk$$ whose name(,&‘is/af$ subscribed to the within instrument and acknowledged to me that he/&$$tti#executed the same in hislI&?&%if authorized capacity&$j, and that by hislt&r/“k~ signature(s) on the instrument the person(S), or the entity upon behalf of which the personG) 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 Titleor Type of Document: Uncontrolled Stockpile Agreement Document Date: 7/30/96 Number of Pages: 4 + J2xh* Signer(s) Other Than Named Above: City biager, RautetWanz, CEHI, Ball Capacity(ies) Claimed by Signer(s) Signer’s Name: Christopher C. Calkins Cl Individual Cl Corporate Officer Title(s): President 0 Partner - q Limited Cl General •! Attorney-in-Fact 0 Trustee El Guardian or Conservator •i Other: Signer Is Representing: Carlsbad Ranch Company By: Carltas Company By: Carltas Management Top of thumb here Signer’s Name: q Individual 0 Corporate Officer Title(s): 0 Partner - q Limited q General q Attorney-in-Fact 0 Trustee $1 Guardian or Conservator 0 Other: Signer Is Representing: m Top of thumb here Q 1994 Nalnnal Notary Association - 8236 Remmel Ave P 0 Box 7 184 - Canoga Park. CA 91309.7 I 84 Prod NO 5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . Name(s) of Signer(s) personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the persow whose name(s)is/aresubscribed to the within instrument and acknowledged to me that helshei’they executed the same in his/her/their authorized capacity(ies), and that by his/het%hMsignature@)on the instrument the person(s); or the entity upon behalf of which the person(s) acted, executed the instrument. DIANE CARROLL COMM. #lo46727 WITNESS my hand and official seal. SAN CIEGO CO’JWY ,. ,-- Signature of Notary Public 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 Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: q Individual q Corporate Officer Title(s): 0 Partner - 0 Limited Cl General q Attorney-in-Fact 0 Trustee [3 Guardian or Conservator U Other: Signer Is Representing: Too of thumb here Signer’s Name: El Individual 0 Corporate Officer Title(s): 0 Partner - n Limited II General 0 Attorney-in-Fact Cl Trustee 17 Guardian or Conservator II Other: Signer Is Representing: Top of thumb here Q 1994 National Notary Asswxit~on - 8236 Remmet Ave P.O. Box 7164 - Canoga Park. CA91309.7164 Prod No 5907 Reorder- Call Toll-Free t -6OW376-6627 EXHIBIT “A \ PARC%1 C OF THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED’ ON OCTOBER 24, 1995, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUN-TY, STATE OF CALIFORNIA, AS DOCUMENT NO 1995 0479824.