Loading...
HomeMy WebLinkAbout1998-06-02; City Council; 14691; Rancho Carrillo Village H Final Map9B# 14; t!id/ TITLE: 6-2-98 MTG. DEPT. ENG FINAL MAP CARLSBAD TRACT CT 97-01 RANCH0 CARRILLO VILLAGE H RECOMMENDED ACTION: Adopt Resolution No. c)8 - 155 approving the final map for Carlsbad Tract CT 97-01 Ranch0 Carrillo Village H, and authorizing the City Clerk to process the map for recording. ITEM EXPLANATION: Engineering staff has completed checking the final map of Carlsbad Tract CT 97-01, also known as Ranch0 Carrillo Village H. This is a 51.876 acre property subdivided for residential development. This subdivision is within Local Facilities Management Plan (LFMP) Zone 18 and is generally located at Melrose Drive and Palomar Airport Road. It is comprised of 77 lots with uses as follows: 73 single family dwellings, 3 open space lots, and 1 private street. The final map conforms substantially with the tentative map as approved by Planning Commission on January 7, 1998 per Resolution No. 4229, and City Council per Resolution 98-53. The final map also conforms to the General Plan, all the applicable requirements of the Municipal Code, City Standards, and Growth Management Plan. The applicant, Continental Ranch, Inc., a Delaware corporation, is requesting the recordation of said final map. The Developer is required to provide for the potential future access to a developable portion of the Bressi Ranch property (the “Knoll”) that is directly adjacent to Village H. This access will be provided through Village H Lot No. 7. The Developer is required to enter into an agreement with the City (“Agreement to Negotiate Access Easements”) to potentially provide for this future access. The Mayor is authorized to execute this agreement on behalf of the City (attached Exhibit 3). FISCAL IMPACT: The developer pays a plancheck fee to cover the expense of planchecking and processing the final map for recording. There is no fiscal impact to the City. All appropriate fees will be paid if and when building permits are issued for this project. EXHIBITS: 1. 2. 3. Location Map. Resolution No. approving a final map for Carlsbad Tract 97-01 Ranch0 Carrillo 9 g-/sf Village H and authorizing the City Clerk to process the map for recording. Agreement to Negotiate Access Easements. I RANCH0 CARRILLO VILLAGE “H” CT 97=0l/PUD 97-01 EXHIBIT 1 z RESOLUTION NO. 98-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE FINAL MAP FOR CARLSBAD TRACT 97-01, RANCH0 CARRILLO H AND AUTHORIZING THE CITY CLERK TO PROCESS THE MAP FOR RECORDING. WHEREAS, Continental Ranch, Inc., a Delaware corporation, has submitted a final map 7 known as Carlsbad Tract CT 97-01, Ranch0 Carrillo Village H to the City of Carlsbad for 8 approval; and 9 WHEREAS, the tentative map of Carlsbad Tract CT 97-01 with conditions, was approved by the Planning Commission on January 7, 1998, pursuant to Resolution No. 4229, and City 10 Council per Resolution 98-53; and 11 12 WHEREAS, the Public Works Director/City Engineer has determined that said map substantially conforms to said conditionally approved tentative map; and 13 WHEREAS, the conditions of approval for said final map have been completed or 14 secured; and 15 WHEREAS, the developer has offered public street and public easements for dedication 16 to the City of Carlsbad; and 17 WHEREAS, the final map conforms to the City of Carlsbad General Plan and all 18 requirements of City Codes and Standards; and 19 WHEREAS, the City Council of the City of Carlsbad determined it to be in the public interest to approve said final map; and 20 21 WHEREAS, Continental Ranch, Inc., a Delaware corporation, is required to potentially provide access to adjacent developable property known as Bressi Ranch (the “Knoll”); and 22 23 WHEREAS, The City Council of the City of Carlsbad and Continental Ranch, Inc., a Delaware corporation, desire to enter into an “Agreement to Negotiate Access Easements” to 24 facilitate this potential access; and 25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 26 California, as follows: 27 1. That the above recitations are true and correct. 28 - 1 2. That said final map known as Carlsbad Tract CT 97-01, Ranch0 Carrillo H, which 2 is on file with the Public Works Director/City Engineer and is incorporated herein by reference, is 3 accepted. 3. 4 That the City accepts the dedications shown on the final map. 4. That the City Clerk is authorized to sign the Certificate of Acceptance on the final 5 map. 6 5. That the City Clerk is authorized to cause the original final map to be recorded in 7 the Office of the County Recorder of San Diego County, State of California. 8 6. That the City Clerk is authorized to release the map to First American Title 9 Insurance Company for recording in the Office of the County Recorder. 10 7. That the Mayor is authorized to execute the “Agreement to Negotiate Access 11 Easements” on behalf of the City. 12 13 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 2nd day of June I 14 1998 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall 15 NOES: None 16 17 18 19 20 21 ATTEST: 22 23 ALETHA L. RAUTENKRANZ, City Clerk 1 (SEAL) 24 25 26 27 28 - RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 1 Space above for Recorder's use only ACCESS w This AGREEMENT TO NEGOTIATE ACCESS EASEMENTS ("Agreement") is entered into effectiveruNe , 1998, by and between CONTINENTAL RANCH, INC., a California corporation doing business as Continental Homes ("CRI") and the CITY OF CARLSBAD, a California municipal corporation (the "City"), with reference to the following: A. CR1 owns and is developing a residential project in the City called "Ranch0 Carrillo." B. The City approved a tentative subdivision map, identified as "CT 97-01," for Village "H" of Ranch0 Carrillo. A legal description of the subject real property ("Village H," or the “Property") is attached hereto as Exhibit "A." C. Condition 61 of CT 97-01 requires the developer, as a condition of approval of a final map for CT 97-01, to enter into a recorded agreement with the City pursuant to which the developer would negotiate in good faith, subject to certain terms, with a neighboring property owner regarding access. D. This Agreement is intended to satisfy Condition 61 of CT 97-01. THE PARTIES AGREE: I. AGRE- TO NgGOTIATE . A. . . The above recitals (the “Recitals") are true and correct. The Recitals and all exhibits attached hereto are incorporated into this Agreement. B. . . . 1 Defini tion. As used in this Agreement, "Developer" shall mean the entity owning the Property. C. . g. Developer shall negotiate in good faith with the owner of adjoining property commonly called Bressi Ranch, offering to enter into an access and cost sharing /// -l- C‘T43-I agreement with the owner of Bressi Ranch whereby (a) the owners of not more than ten (10) homes developed on that particular portion of Bressi Ranch (the “Knoll") depicted on Exhibit 'B" attached hereto would have the recorded right to ingress and egress along H-A, H-B, and H-E Streets and across proposed Lot No. 7 of the Property; (b) the width of the easement across Lot No. 7 of the Property would be a minimum of forty-six feet; (c) the parties would grant reciprocal access easements along proposed H-A, H-B, and H-E Streets and across proposed Lot No. 7 of the Property to be recorded concurrently with the approval of a final map on the l'Knollll; (d) maintenance for all these streets within the Property would be the responsibility of the Ranch0 Carrillo Master Association; (e) the owners of homes in Bressi Ranch who take access over these streets would be obligated to share in the pro rata costs of maintenance of the streets pursuant to Civil Code Section 845; and (f) the Master Declaration of Restrictions for Ranch0 Carrillo would include the following disclosure: “It is intended that a portion (referred to as '.The Knoll') of the adjoining property (currently known as Bressi Ranch) will be provided ingress and egress through Village H of Ranch0 Carrillo." D. Term. This Agreement shall be valid for a period of five (5) years or until the easements described in paragraph I.C., . above, are granted, whichever comes first. If no access and cost sharing agreement has been entered into within five (5) years despite Developer's good faith negotiation, Lot No. 7 of Village H may be developed. * E. Determination of Good Faxth Neuot iation. The City's Director of Public Works (or the official with the most similar _ duties, should the City terminate the use of that title) shall determine in his reasonable discretion, upon Developer's application, whether the obligations of this Agreement have been satisfied, including whether Developer has negotiated in good faith with the owner of Bressi Ranch. If the City's Public Works Director so determines at any time, the City's Public Works Director shall record a release of this Agreement allowing Lot No. 7 of Village H to be developed. The requirement of "good faith negotiations" does not contemplate Developer giving property without just compensation. F. I . Satisfaction of Contitxon 61. The signing and recordation of this Agreement satisfies condition 61 of CT 97-01. II. MISCIZLLANEOUS PROVISIONS . A. Intearatiog. The undersigned, and each of them, acknowledge and represent that no promise or inducement not expressed herein has been made in connection with this Agreement. This Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. -2- B. Waiver and Am- . No provision of this Agreement, or breach of any provision, can be waived except in writing. Waiver of any provision or breach shall not be deemed to be a waiver of any other provision, or of any subsequent breach of the same or other provision. This Agreement may be amended, modified or rescinded only in writing signed by all parties to this Agreement. C. Benefit and Burden. This Agreement shall be recorded in the Official Records of the County of San Diego. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors in interest with respect to the Property. This Agreement is not intended to benefit any third person other than the parties hereto and their respective successors in interest. IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date first above written. CONTINENTAL RANCH, INC. By: ATTEST: ALETHA RAUTENKRANZ, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY -3- .- 4 State of California County of San Diego On April 16, 1998 before me, Nancy A. Nemec, Notarv Public, personally appeared David A. Lother , personally known to me to 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. - : A -. .’ ..- _:.’ ‘:!: . . ,:.. -.. . : . ‘.. ..’ : . . : . * ..: . . . . . ,. EXHIBIT “A” Page 1 of 1 . : LOTS 1 THROW+ 37 OF' CARIkE& TRACT 'No. '9'1-01, ~c'H&j&~ ;':,/ '. VILLAGE "H", ?V 'R%'CITY-OF CAF&SBAD,'COiTNm OF SAlU, DIEG&.&~A~~ -()i;l ..- .:::-: . .* .CALIFORNIA,- ACCOFtDI,NG TO MAP THEREOF NO. 'OFFICE OF.THE COUNm. RECORLlEti OF'sAN DIEGO CiX&; '_. , F&ED .'YN THE :::. 1 . . ., ':' ... .;' '. ' I . . . . . : ,” : . . . : . . . . . . . ; . . . ‘_; . . . . . . . . . : . . . . . . 7 . . . . . .I. > : . . ,: . . . . ., : .:-. . . > . . . . . . . : . _ : . ._ i- . . 1. .’ . . .._ . : : “.. .._ .’ ._.. . . _’ ,-..,_ .: . ‘ . . ” . . ‘._. . . . . . . . -; . .-:. . . . I I. . ‘: : *. . :‘.. . -‘. I .. . . : . : _ : . . : i . . ., . . . .._ * . . . . . .“._._ . . . . .;. : . . : . :. . - EXHIBIT “B” Page I of 2 THE “KNOLL” BOUNDARY Being a portion of Parcel One of Parcel Map No. 1763 in the City of Carlsbad, County of San Diego, State of California according to the map thereof on file in the OfFice of the County Recorder of said County, being more particularly described as follows: Beginning at the most Southeasterly comer of said Parcel One; thence along the Easterly line of said Parcel One North 02”38’00” (North 02”38’58” West record) West 2052.51 feet to the TRUE POINT OF BEGINNING; thence leaving said Easterly line South 87”22’00” West 250.00 feet; thence North 02”38’00” West 200.00 feet; thence North 60”48’06” East 167.71 feet; thence North 02’38’00” West 240.00 feet; thence South 87”22’00” West 450.00 feet; thence North 02’38’00” West 330.00 feet; thence North 42”22’00” East 353.55 feet; thence North 87”22’00” East 300.00 feet to the Easterly line of said Parcel One; thence along said Easterly line South 02”38’00” (South 02”38’58” East record) East 1095.00 feet to the TRUE POINT OF BEGINNING. April 14. 1998 KJJ:rh\12987.003 ?ARCEL 1 PARCEL MA? NUaJ763 TRUE P.O.B. St ALE: 1”=200’ EXHIBIT rrB” Page 2 of 2 (THE KNOLL) POB . . . a JN 12987 C CERTIFICATE OF CORPORATE RESOLUTION OF CONTINENTAL RANCH, INC. I, Susan M. Gaupel , Assistant Secretary of CONTINENTAL RANCH, INC., a Delaware corporation ("Corporation*'), do hereby certify that I am a duly elected, qualified and acting officer of the Corporation and, as such, I am familiar with the books, minutes and records of the Corporation; that no provision of the Articles of Incorporation or Bylaws of the Corporation requires that any action or signature of the Corporation be attested by.a cdrporate officer; that there is no provision in the Articles of Incorporation or Bylaws of the Corporation limiting the power of the Board of Directors to adopt the hereinafter stated. resolutions; that the following is a true and accurate copy of resolutions duly adopted by the Board of Directors of the Corporation, on October 20, 1997 either at a duly held meeting of the Board of Directors or by unanimous written consent of all members of the Board of Directors of the Corporation; and that said resolutions have not been modified, rescinded or revoked and are now in full force and effect: RESOLVED, that one signature from the President or any of the Vice Presidents of the Corporation listed below is required for any and all documents related to planning, engineering, mapping, development or construction associated with property owned by Continental Ranch, Inc.; including but not limited to maps, easements, agreements, permits, dedications, etc.; and RESOLVED, the following persons are the duly elected President and Vice Presidents of the Corporation: Chris Chambers President W. Thomas Hickcox Vice President Donald W. MacKay Vice President David Lother Vice President Greg Hastings Vice President RESOLVED FURTHER, that one signature from the President or any of the above-designated Vice Presidents is sufficient by itself to bind the Corporation in furtherance of these Resolutions. WITNESS my hand on this 20th day of October, 1997. . 'CONTINENTAL RANCH,. INC., a Delaware corporation BY Assistant Secretary June 51998 Continental Ranch Dave Lother, Vice President 12636 High Bluff Drive, Suite 300 San Diego, CA 92130 RE: FINAL MAP FOR CT 97-l) RANCH0 CARRILLO VILLAGE H Enclosed for your reference are copies of the Council Agenda Bill No. 14,691 and Resolution No. 98-155 adopted by the Carlsbad City Council on June 2, 1998, approving the final map for CT 97-l. Also enclosed is a copy of the signed Agreement to Negotiate Access Easements, which was mailed to the County Recorder for recordation. If you have questions regarding the recordation of the Agreement or of the Final Map, please call this office. If you have questions regarding specifics in the Agreement, please call Mike Shirey, Engineering Department, at (760) 438-l 161, extension 4388. KATHLEEN D. SHOUP Sr. Office Specialist 1200 Carlsbad Village Drive * Carlsbad, California 92008-l 989 = (760) 434-2808 @ June 4,1998 County Recorder PO Box 1750 San Diego CA 921124147 Enclosed for recordation is/are the following described document(s): Agreement to Negotiate Access Easements Continental Ranch, Inc. CT 97-01 Also enclosed are instructions on how the City is to be billed for the recordation fees incurred. Thank you for your assistance with this item. KATHLEEN D. SHOUP Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 0 (760) 434-2808 @