HomeMy WebLinkAbout1998-11-17; City Council; 14943; CALAVERA NATURE PRESERVE(
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MTG. //-I?- 78 CALAVERANATUREPRESERVE
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FQ-t 83-54 RECOMMENDED ACTION: b’ I
That the City Council ADOPT Resolution No. q8-39 I , ACCEPTING transfer of tit1
Calavera Nature Preserve from Cypress Valley, L.L.C. as executed by McMillin Compani
the managing member.
That the City Council ADOPT Resolution No. 9% -38s APPROVING the transfer of ti
Calavera Nature Preserve property to The Environmental Trust (TET) and authorizing ex1
from the existing environmental management trust fund.
ITEM EXPLANATION:
In 1992, Lyon Communities received final map approval for Villages Q and T within the
Hills Master Plan (also known as Calavera Heights). A note on the final map required
assessment and mitigation for impacts to gnatcatcherskoastal sage habitat prior to grad
issuance.
The ensuing biological survey indicated significant impacts to gnatcatchers and coastal
mitigation, Lyon presented the 110 acre Calavera Nature Preserve (Exhibit 3) to th,
consideration. Since the gnatcatcher had not yet been listed as a “threatened” species
agency involvement was not required. The City accepted the site as constituting
mitigation. The acreage of the Calavera Nature Preserve exceeds the acreage of the co,
and gnatcatcher impacts on a one to one basis and, additionally, supports a diverse
sensitive plants and animals.
A Mitigation Agreement was signed between the City and Lyon Communities on March
The Agreement requires the establishment of a preserve within five years of signing.
terms of the Agreement are summarized below:
Developer posted $93,875.00 to fund an initial five year maintenance program bz
conceptual management plan for the mitigation parcel’s preservation. The City has re
$93,875 payment in an interest bearing trust account.
Once the initial five year period begins, the Developer and City will mutually work towa
a detailed maintenance program that will continue preservation practices in perpetuity.
term maintenance scoping effort will take place between years two and four of the initi:
maintenance period (1 998-2003).
Developer shall fund the long term maintenance program to the City’s satisfaction.
Only impacts from Villages Q and T of the Calavera Hills Master Plan are mitigated.
Transfer of title from Lyon Communities to the City and/or other entity is required
years of signing agreement (by March 15, 1998). The terms of the Agreement are )
the developer has been working diligently with the City to process the necessary
establish the nature preserve.
The signing of the Agreement allowed Lyon to initiate grading operations for Q and T. (
the site had been completed by March 22 and on March 25, 1993, the gnatcatcher was
the federal government.
PAGE 2 oF AGENDA% NO. I/! 9 ~3 e
The grading operation was never completed, and none of the management activitie
mitigation parcel were initiated. In 1997, the undeveloped portions of the Calavera Hi1
Plan, in addition to the subject mitigation parcel, were sold to Cypress Valley, L.L.C. whc
build out the previously approved Q and T projects. Cypress Valley, L.L.C. is likewise pr
carry out the terms of the Agreement as Lyon’s successors in interest.
Title to the Calavera Nature Preserve is currently under the ownership of Cypress Valle
Transfer of ownership to the City (Resolution No. 58 -381 ) is required with the intent of tr
and long term environmental managers of the property. Each attached resolution ha
attached which formalizes the title transfer process.
Under the terms of the 1993 Mitigation Agreement, Cypress Valley, L.L.C. has recomme
Environmental Trust (TET) as the owners/environmental managers for the site. TET is
non-profit organization that was started in 1990 and specializes in the manager
maintenance of open space and preserve areas throughout Southern California. T
mandated of TET for the subject mitigation parcel are outlined in the Calavera Nature
Management Plan dated February 1, 1998 (on file with the Planning Department). The
represent the work of the initial five year period. To ensure the permanent protection of th
deed that transfers title from the City to TET contains a reversion clause whereby failure
perform the management plan duties (in either the short or long term) will result in the
ownership reverting back to the City.
The Agreement and Management Plan also call for, and Cypress Valley, L.L.C. acknowk
maintenance efforts of TET from year six to perpetuity. The exact amount and method fc
will be determined within 2-4 years and will be in place prior to the end of the five year pe
2003).
As stated previously, the mitigation site exceeds a one to one ratio for preserving cos
habitat. The mitigation site contains approximately 87.9 acres of coastal sage scrub
impacts of Villages Q and T totaled approximately 50 acres of coastal sage. Staff is
consider application of the resulting 37.9 excess acres toward mitigating the balance of the
Heights master plan, however, this excess mitigation acreage will be addressed in tht
environmental impact report for the remaining undeveloped villages within the master plan.
The Calavera Nature Preserve is a significant parcel for the implementation of the City’
Habitat Management Plan. The staff recommendation is to accept title ownership fron
Valley, L.L.C. (Resolution No. 98- 381 ) and to transfer the title to TET for short and
maintenance and management efforts (Resolution No. 98- 38& ), and to authorize ex1
by TET from the previously deposited, designated short term maintenance funds.
FISCAL IMPACT:
No direct fiscal impacts will occur to the City other than a minor amount of stafl
administrative oversight of the terms of the mitigation agreement and management plan.
EXHIBITS:
1. City Council Resolution No. 9% -38/
2. City Council Resolution No. 48-,?8A
3. Location Map.
the ownership again to another entity (Resolution No. 9f -86& ) that would serve as
Developer to fund a long term maintenance program. This funding will finance the manage
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RESOLUTION NO. 98-381
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD TRANSFERING TITLE FROM CYPRESS VALLEY,
L.L.C. TO THE CITY CARLSBAD OF A MITIGATION PARCEL
TO BE PRESERVED TO ALLOW FOR THE DEVELOPMENT OF
VILLAGES Q AND T WITHIN THE CALAVERA HILLS MASTER
PLAN
CASE NAME: CALAVERA NATURE PRESERVE
CASE NO.: CT 83-1 9/83-32
The City Council of the City of Carlsbad, California, does hereby re
follows:
WHEREAS, on March 15, 1993, the City and Lyon Communities enter
Mitigation Agreement whereby a 110 acre parcel was purchased for the purpose of pi
open space and habitat preservation to mitigate the impacts of development of Villages
within the Calavera Hills Master Plan; and
WHEREAS, the signed Mitigation Agreement requires the transfer of
title from the Developer to the City of Carlsbad so that the City or designated entity car
maintenance and management activities on-site; and
WHEREAS, the transfer of title is required within five years of sig
Agreement; and
WHEREAS, Cypress Valley, L.L.C. has replaced Lyon Communities
successors in interest; and
WHEREAS, Cypress Valley, L.L.C. is prepared to fulfill any and all C
obligations outlined in the Agreement as mitigation for the development of Villages q
which received final map approval in 1992; and
WHEREAS, the coastal sage acreage provided by the mitigation parcel
the coastal sage acreage impacted by Q and T by 37.9 acres based on a one to one n
ratio; and
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WHEREAS, the transfer of title from Developer to the City is necessai
the City can then transfer the title to the Preserve’s designated environmental man;
Environmental Trust.
NOW, THEREFORE, BE IT RESOLVED by the City Council of th
Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the transfer of title from Cypress Valley, L.L.C. to the City is r
for the establishment of the Calavera Nature Preserve and implementation of the
Agreement of March 15, 1993. The Mayor is authorized and directed to execute the A
to Grant Deed (Exhibit “B”) and the City Clerk is authorized to accept the attachec
transfer title from Cypress Valley, L.L.C. to the City.
3. That the 37.9 excess acres of coastal sage present on the Preserv
be considered for the mitigation of impacts due to the build out of the remaining unc
villages of the Calavera Heights master plan with the pending environmental imp;
prepared for those villages.
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4. The City will control the expenditure of the initial maintenar
($93,875.00) originally deposited by Lyon Communities and intended to fund the initial
maintenance activities.
PASSED AND ADOPTED at a regular meeting of the City Council of ti
Carlsbad on the 17th day of November 1998, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin an
NOES: None
ABSENT: None
ATTEST: -
11
ALETHA L. RAUtENKWNZ, City Clerk
(SEAL)
\
-3-
-, 0 0
Recording Requested By
When Recorded Mail To:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Mail Tax Statement To:
and
(same)
A.P.N. 168-050-01
Documentary Transfer Tax Sa
computed on the consideration or value
of property conveyed; OR
- computed on the consideration or value
less liens or encumbrances remaining
at time of sale.
L. Mq- -
signature of declarad/agent
determining tax -- firm name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CYPRE!
VALLEY LLC, a California Limited Liability Company ("Grantor"), hereby grants to CITY (
CARLSBAD, a California municipal corporation ("Grantee"), the real property in the City
Carlsbad, County of San Diego, State of California, shown on attached Exhibit "#
incorporated herein by this reference.
This conveyance is subject to the provisions set forth in the Addendum to Grant De€
Exhibit "B," attached hereto and incorporated herein by this reference.
SS WHEREOF, this instrument has been executed this q& day --- ,1998.
Cypress Valley LLC,
a California limited liability company
By: McMillin Companies, LLC
a Delaware limited liability company
-1 -
MAIL TAX STATEMENTS AS DIRECTED ABOVE 45600-2 7
211 3/98
0 a
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO 1
) ss.
, Notary Public, persons
scribed to the within instrument and acknowledged to me that helshelthey executed I
same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on i
instrument, the person(s), or the entity upon behalf of which the person@) acted, execui
the instrument.
WITNESS my hand and afficial seal.
Signature
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO 1
) ss.
, Notary Public, persons
proved to me on the basis of satisfactory evidense) to be the person(s) whose name
islare subscribed to the within instrument and acknowledged to me that helshelthey exec
ed the same in hislhedtheir authorized capacity(ies), and that by hislherltheir signature
on the instrument, the person(s), or the entity upon behalf of which the person(s) act1
executed the instrument.
WITNESS my hand and official seal.
Sign atu re Se
45600-27 211 3/98 2
-< 0 0
EXHIBIT "A"
PARCEL 1:
THAT PORTION OF LOT I'D" OF RANCHO AGUA HEDIONDA, IN THE CI'
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING Tc PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE CI
RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOL
BEGINNING AT A POINT IN THE NORTHERLY LINE OF LOT V.,ll IN SAID RA:
DISTANT THEREON NORTH 89°44'0011 WEST 1323.42 FEET FROM THE NORT:
CORNER OF SAID LOT "L"; THENCE NORTH OOo10'20" WEST 72 -64 FEET; T
NORTH 88025'201' WEST, 269.25 FEET; THENCE SOUTH 52018'40f1 WEST, FEET; THENCE SOUTH 13O35'40" WEST 40.00 FEET, MORE OR LESS, T( NORTHERLY LINE OF SAID LOT "Lrt; THENCE ALONG SAID NORTHERLY
SOUTH 89O44'00" EAST, TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE SOUTI
PROLONGATION OF THE MOST EASTERLY LINE OF RECORD OF SURVEY MA€
4610 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COT
MARCH 13, 1958.
PARCEL 2:
THAT PORTION OF LOTS 'ID" AND "L" OF RANCHO AGUA HEDIONDA, IN THE
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDIh
SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 'IL"; THENCE ALONG
SOUTHERLY PROLONGATION OF THE WEST LINE OF SAID LOT "L" IL c
0°40'58" WEST 660.00 FEET TO A LINE WHICH IS PARALLEL WITH AND 66
FEET SOUTHERLY AT RIGHT ANGLES FROM THE SOUTHERLY LINE OF SAID
IIL" ; THENCE ALONG SAID PARALLEL LINE NORTH 87'10' EAST 8 9.92 FEE
THE MOST WESTERLY CORNER OF LAND DESCRIBED IN DEED TO GEORGE W. TI!
ET UX, RECORDED SEPTEMBER 10, 1957 AS FILE NO. 136954 OF OFF1
RECORDS; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF SAID LAND, N
73O10' EAST 1925.00 FEET TO AN ANGLE POINT AND NORTHEASTERLY
STRAIGHT LINE TO A POINT IN THE EAST LINE OF SAID LOT I'L", DIS NORTH 0°45' WEST 575.00 FEET FROM THE SOUTHEAST CORNER THEREOF; TH
NORTH OO45' WEST ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF
LOT IlL"; THENCE WESTERLY ALONG SAID NORTHERLY LINE OF SAID LOT "L
AN INTERSECTION WITH THE EASTERLY BOUNDARY OF THE LAND DESCRIBE
PARCEL 1 IN DEED TO OCEANSIDE MUTUAL WATER COMPANY, RECORDED JULY
1930 IN BOOK 1796, PAGE 142 OF DEEDS; THENCE ALONG SAID BOUND SOUTH 1S035'40" WEST TO AN ANGLE POINT; THENCE CONTINUING ALONG
BOUNDARY OF SAID PARCEL 1 AS FOLLOWS:
SOUTH 58°05'4011 WEST 123.70 FEET; SOUTH 20°30'40" WEST 90.20 F:
SOUTH 47O33'30" WEST 346.14 FEET AND NORTH 58O19'20" WEST TC INTERSECTION WITH THE WEST LINE OF SAID LOT 'lLID; THENCE SOUTH!
ALONG SAID WEST LINE TO THE POINT OF BEGINNING.
MAP THEREOF NO. 823, FILED IN TRE OFPICE OF THE COUNTY RECORDE
., 0 0
ADDENDUM TO GRANT DEED (EXHIBIT ‘‘BJJ]
BY THE DELIVERY AND ACCEPTANCE OF THIS GRANT DEED, Grantor and Grant1
agree as follows:
1. Grantor reserves the right to grant andlor dedicate a sewer easement, tc
public agency, over land described in Exhibit “C” and depicted in Exhibit “D” hereto, ba
of which are incorporated herein. Grantee and its successors in interest agree to sign a
documsnt necessary to effectuate such transfer.
2. Grantee represents, as the local agency with jurisdiction over this rc
property, that (a) it requested that Grantor acquire the real property being granted, (b]
requested that Grantor grant this real property to Grantee, and (c) pursuant to Governme
Code §66428(a)(2) and City of Carlsbad Municipal Code $20.24.010(3), this grant does n
require a tentative, final, or parcel map pursuant to, and will not violate, the Subdivision M
Act.
3. Grantor is the developer of a residential community within Grantee commor
known as Calavera Hills (the “Community”). The Community is being developed in portio
known as “Villages.” A “Mitigation Agreement” dated March 15,1993, between Grantee ai
conveyance and limits the use of the property being conveyed. Grantee, acting in both I
sovereign capacity as a government agency and its proprietary capacity, covenants, agre
and acknowledges that:
LyonlCopley Carlsbad Associates, L.P., Grantor’s predecessor in interest, provided for tl
The property being conveyed is intended to be used as a pub
conservancy for Habitat Types and Sensitive Species, as defined in tl
aforesaid Mitigation Agreement, and is to be used pursuant to tl
Management Plan for the Calaveras Nature Preserve, as th
Management Plan exists and may be amended.
This grant satisfies the aforesaid “Mitigation Agreement” Grantee \n
not require the grant or dedication of any additional property
mitigate the biological impacts of development of Villages Q, S or T
the Community or of the College Boulevard Expansion, as describi
in the Mitigation Agreement.
Of this grant, 37.9 acres (the “Excess Mitigation Acreage”) mitigat
more Coastal Sage Scrub and Chaparral than will be impacted I
Villages Q, S, and T and the College Boulevard Expansion,
described in the Mitigation Agreement. Grantee will, to the greate
extent within its authority, credit the Excess Mitigation Acrea!
toward any additional mitigation required of Villages W, X, Y, H, K, L8
R and U in the Community pursuant to the Mitigation Agreemei
Grantee will make its decision on this possible credit no later than i
hearing on the last tentative subdivision map among these Village:
Ill
111
45600-27 Addendum
211 3/98 -1 -
0 0
Dated; &, 199 "Grantor"
Cypress Valley LLC,
a California limited liability company
By: McMillin Companies, LLC
a Delaware limited liability company
Its: Managing member
ATTEST:
ALETHA MUTENKRANZ, City Clerk
By: \
APPROVED AS TO FORM;
RONALD R. BALL, City Attorney
By: -p-G L
[I- / r- Cb
Addendum 45600-27
211 3/98 -2-
*, e e
1 ) ss.
)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
Notary Public, persona
scribed to the within instrument and acknowledged to me that helshelthey executed t
same in his/her/their authorized capacity(ies), and that by his/her/their signature@) on t instrument, the person(s), or the entity upon behalf of which the person(s) acted, execut
the instrument.
WITNESS my hand and official seal.
Si g natu re
STATE OF CALI
ed the same in hislhedtheir authorized capacity(ies), and that by hislherltheir signature
on the instrument, the person(s), or the entity upon behalf of which the person@) actt
executed the instrument.
ARBARA R. KlNTFR WITNESS my hand and official seal.
mission #la7 1041 Public - California
Signature 1 Lfl d& /
45600 27 Addendum
211 3198 -3-
.. e 0
ExhibiG C
LEGAL DESCRIPTION
APN 168-050-09 SEWER EASEMENT
TWIT PORTION OF LOTS "0" AND 'L' OF RANCHO AGUA HEDIONDA, IN THE CIIY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALiFORNIA, ACCORDING TO MAP
THEREOF NO. 823, FLED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN
DIEGO COUNTY, NOVEMBER 16,1898, BEING MORE PARTlCUlARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 6 OF THAT LAND DESCRIBEI
DEED TO CYPRESS VALLEY LLC, A CALJFORNlA LIMITED LlABlUlY COMPANY
RECORDED DECEMBER 19,1997, FILE NO. 1997-0647243 OF OFFICIAL RECORDS;
THENCE ALONG THE WEST LINE OF SAID PARCEL 6, NORTH OO"21'43' EAST, (NORTk
0'40'58. EAST PER DEED), 459.84 FEET: THENCE LEAVING SAID WEST LINE, SOUTH
10'43'24 EAST, 468.64 FEET TO THE MOST WESTERLY CORNER OF LAND DESCRIBE
IN DEED TO GEORGE W. TARRY, €T UX, RECORDED SEPTEMBER IO. 1957, FILE NO.
1369% OF OFFlClAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SA10
PARCEL 6, NORTH 89.3620' WEST, 90.42 FEET TO THE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.476 ACRE MORE OF
LESS.
JOHN W. HILL, JR.
HCINSAKER &ASSOCIATES SAN DIEGO, INC.
LS. 5669
PAGE 1 OF I
:QA w-\1041 hkNi&IWl.* wol84~104 2l24Bm
APPLICAN'T:
YJlkLlN WhNIEc
2727 MoIlER AVE.
(619) 793-2850
NATIQW CITY, CA 9-
PREPARED W. PROJECT AP, N.:
SEWER 168-050
Dbrc(es: 9mm wwm Exhibit - w. w JR u. s6m
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RESOLUTION NO. 98-382
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD TRANSFERRING TITLE OF A MITIGATION
PARCEL FROM THE CITY TO THE ENVIRONMENTAL TRUST
TO BE MAINTAINED AND PRESERVED AS MITIGATION FOR
THE DEVELOPMENT OF VILLAGES Q AND T WITHIN THE
CALAVERA HEIGHTS MASTER PLAN
CASE NAME: CALAVERA NATURE PRESERVE
CASE NO.: CT 83-1 9/83-32
The City Council of the City of Carlsbad, California, does hereby r
follows:
WHEREAS, on March 15, 1993, the City and Lyon Communities ente
Mitigation Agreement whereby a 110 acre parcel was purchased for the purpose of r
open space and habitat preservation to mitigate the development of Villages Q and T
Calavera Hills Master Plan; and
WHEREAS, the Agreement calls for the transfer of title of the mitigat
from the Developer to the City of Carlsbad so that the City, or designated entity, ca
maintenance and preserve management functions; and
WHEREAS, said transfer of title to the City has been accomp
Resolution No. 98-381 ; and
WHEREAS, the City wishes to reconvey title to the mitigation parcel
party, The Environmental Trust, to serve as owner and environmental manager of the
parcel; and
WHEREAS, the City transfer of title to the site’s designated envi
manager, The Environmental Trust (TET), implements the objective of the Agrc
provide for the short and long term maintenance of the site in its function as a mitigat
preserve; and
WHEREAS, The Environmental Trust will be obligated to fulfill the tei
Agreement and related Preserve Management Plan dated February 1, 1998; and
Il
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WHEREAS, the title deed transferring the title to TET contains a revers
whereby the City will regain property title if there is a failure by TET to perform ma
duties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of tt.
Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the transfer of title from the City of Carlsbad to The Environmc
is necessary for the establishment of the Calavera Nature Preserve and implementa
Mitigation Agreement of March 15, 1993. The Mayor is authorized to execute the
Deed to transfer title from the City to TET.
3. TET is authorized to utilize the existing funds contained in the :
maintenance trust fund of $93,875.00 as originally deposited by Lyon Communities
authorized to make payments to TET from this fund based on progressive complet
management plan duties.
4. Consistent with the terms of the 1993 Mitigation Agreement,
management activities will be funded by additional funds to be deposited by the Deve
to the end of initial five year period.
PASSED AND ADOPTED at a regular meeting of the City Council of 1
Carlsbad on the 17th day of November 1998, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin i
NOES: None
ABSENT: None
ATTEST:
AL%ERA$ENK&\
(SEAL)
-2-
0 a
Rebording Requested By
When Recorded Mail To:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Mail Tax Statement To:
and
(same)
A.P.N. 168-050-01
Documentary Transfer Tax $a
computed on the consideration or value
of property conveyed: OR - computed on the consideration or value
less liens or encumbrances remaining
at time of sale.
€A Mq- -
signature of declar&tlagent
determining tax -- firm name
GBaWmm
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY 0
CARLSBAD, a California municipal corporation (“Grantor”), hereby grants to THi
ENVIRONMENTAL TRUST, a California non-profit public benefit corporation, (“Grantee”), th
real property in the City of Carlsbad, County of San Diego, State of California, shown 01
attached Exhibit “A,” incorporated herein by this reference.
This conveyance is subject to the provisions set forth in the Addendum to Grant Deed
Exhibit “B,” attached hereto and incorporated herein by this reference.
N WITNESS WHEREOF, is instrument has been executed this &a day CY ko+bdw+ ,192
ATTEST:
ALJVHA L. RAUTEN r 7 T:;oc ~
RONALD R- BALL, City Attorne
456W27 I/-/ 9- 9%
211 3190 MAIL TAX STATEMENTS AS DIRECTED ABOVE
0 e
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On November 23, 1998 before me, Karen R. Kundtz,
Assistant City Clerk of the City of Carlsbad, personally appearec
Claude A. Lewis, Mayor and Aletha L. Rautenkranz, City CIerk
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name (s) &/are
subscribed to the within instrument and acknowledged to me that
capacity(ies) , and that by -/their signature (s) on the
instrument, the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
Witness my hand and official seal.
-h&she/they executed the same in-/their authorized
istant City Clerk
City of Carlsbad
(SEAL)
e 0
EXHIBIT 'OA"
PARCEL 1:
THAT PORTION OF LOT "D" OF RANCHO AGUA HEDIONDA, IN THE CI' CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING T
PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF TRE c
RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOL
BEGINNING AT A POINT IN THE NORTHERLY LINE OF LOT 'fL'' IN SAID RA1
DISTANT THEREON NORTH 89O44'00" WEST 1323.42 FEET FROM THE NORTl
CORNER OF SAID LOT "L"; THENCE NORTH 00°10'20" WEST 72.64 FEET; TI
FEET; THENCE SOUTH 13°35'40f1 WEST 40.00 FEET, MORE OR LESS, T(
NORTHERLY LINE OF SAID LOT "L"; THENCE ALONG SAID NORTHERLY 1
SOUTH 89O44' 00" EAST, TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTICN LYING EASTERLY OF THE SOWR
PROLONGATION OF THE MOST EASTERLY LIME OF RECORD OF SURVEY MA1
MARCH 13, 1958.
NORTH 88O25'20" WEST, 269.25 FEET; THENCE SOUTH 52O18'40" WEST, i
4610 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COT
PARCEL 2:
THAT PORTION OF LOTS 11~11 AND tf~fi OF RANCHO AGUA HEDIONDA, rN THE
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDIN
MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDE
SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT "L"; THENCE ALONG
0040'5811 WEST 660.00 FEET TO A LINE WHICH IS PARALLEL WITH AND 66 FEET SOUTHERLY AT RIGHT ANGLES FROM THE SOUTHERLY LINE OF SAID "L"; THENCE ALONG SAID PARALLEL LINE NORTH 87'10' EAST 89.92 FEE
THE MOST WESTERLY CORNER OF LAND DESCRIBED IN DEED TO GEORGE W. TA
ET UX, RECORDED SEPTEMBER 10, 1957 AS FILE NO. 136954 OF OFF1 RECORDS; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF SAID LAND, N
73O10' EAST 1925.00 FEET TO AN ANGLE POINT AND NORTHEASTERLY STRAIGHT LINE TO A POINT IN THE EAST LINE OF SAID LOT 'IL", DIS
NORTH 0 O45 ' WEST 575.00 FEET FROM THE SOUTHEAST CORNER THEREOF; TH NORTH OO45' WEST ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF .
LOT "Ll'; THENCE WESTERLY ALONG SAID NORTHERLY LINE OF SAID LOT IIL'
AN INTERSECTION WITH THE EASTERLY BOUMDARY OF THE LAND DESCRIBE1
PARCEL 1 IN DEED TO OCEANSIDE MUTUAL WATER COMPANY, RECORDED JULY
1930 IN BOOK 1796, PAGE 142 OF DEEDS; THENCE ALONG SAID BOUND1
SOUTH 15O35'40" WEST TO AN ANGLE POINT; THENCE CONTINUING ALONG
BOUNDARY OF SAID PARCEL 1 AS FOLLOWS:
SOUTH 58°05'40" WEST 123.70 FEET; SOUTH 20°30'40" WEST 90.20 FE
SOUTH 47O33'30" WEST 346.14 FEET AND NORTH 58°19'20i1 WEST TO
INTERSECTION WITH THE WEST LINE OF SAID LOT "L"; THENCE SOUTHE
ALONG SAID WEST LINE TO THE POINT OF BEGINNING.
SOUTHERLY PROLONGATION OF THE WEST LINE OF SAID LOT "L" ?S
0 0
ADDENDUM TO GRANT D€ED (EXH1BIT "0")
BY THE DELIVERY AND ACCEPTANCE OF THIS GRANT DEED, Grantor and Granl agree as follows:
1. A previous grantor resewed the right to grant and/or dedicate a sew
easement, to a public agency, over land described in Exhibit "C" and depicted in Exhibit y
hereto, both of which are incorporated herein. Grantee and its successors in interest agr
to sign any document necessary to effectuate such transfer.
The property being conveyed is intended to be used as a public consewan(
for Habitat Types and Sensitive Species, as defined in the Mitigation Agreement betwec
Grantor and LyonlCopley Carlsbad Associates, L.P., dated March 15,1993. The proper
being conveyed is to be used pursuant to the Management Plan for the Calaveras Natu
Preserve, as that Management Plan exists and may be amended. If use consistent with ti
aforesaid Mitigation Agreement and Management Plan terminate at any time within eighl
five (85) years from the date of this grant, then title to the property shall revert to Grant
(or its successors or assigns). Grantor, for itself, its successors and its assigns,, herei reserves the right to re-enter upon failure of this conditian.
Dated: \\\ 13 ,19qy "Grantor"
2.
ATTEST:
ALETHA RAUTENKRANZ, City Clerk
By: Wh
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
/I1 By: fiL I/- 1 7 -9 8.
Addendum 45600.27 211 3/98 -1 -
0 a
Dated: t ! 3 ,199 "Grantee"
THE ENVIRONMENTAL TRUST, a California
non-profit public benefit corporation
By: & u xi
Title t?u&d&$
By:
Title
Addendum 4560027 211 3/98 -2-
0 0
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On November 23, 1998 before me, Karen R. Kundtz,
Assistant City Clerk of the City of Caslsbad, personally appearec
Claude A. Lewis, Mayor and Aletha L. Rautenkranz, City C5erk
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) ware
subscribed to the within instrument and acknowledged to me that
capacity(ies) , and that by-++kx/their signature (s) on the
instrument, the person(s) , or the entity upon behalf of which the
person (5) acted, executed the instrument.
Witness my hand and official seal.
-h&.he/they executed the same in-ki.sfker /their authorized
&&+ , A istant City Clerk City of Carlsbad
(SEAL)
0 0
STATE OF (IALt Fi” 1 A
COUNTYOFSW &~i> 1
1 ) ss.
OndoJ 3: 154% , before me, QoNUJA s. STICWb, Notary public, persons - appeared hod IWAI SA kt R -
9- whose namei
is Msubscribe to the within instrument and acknowledged to me that & Wt&y exec1 ed the same in b is WltMr authorized capacity(i@, and that by@&MtWr signaturei
on the instrument, the person(% or the entity upon behalf of which the personw act6
executed the instrument.
roved to me on the basis of satisfactory evidence) to be the person (5
WITNESS my hand and official seal.
Signature &d& (Sea
STATE OF 1
COUNTY OF 1
) ss.
On , before me, , Notary Public, personall
appeared
s personally known to me (0
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s islare subscribed to the within instrument and acknowledged to me that hdshelthey execut ed the same in his/her/their 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 penon(s) acted
executed the instrument.
WITNESS my hand and official seal.
Signature (Seal]
Addendum 45604.27 211 3198 -4-
-----LC'&' 0 *
Exhibit C
LEGAL DESCRIPTION
APN 168-450-0ll SEWER EASEMENT
TMT PoRT16N 1>F LOTS '0' AN0 'L' OF RANCHO AQUA HEDIONDA, IN WE CIW OF
CARLSW, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN
DIEGO COUNTY, NOVEMBER 16,1896, BEING MORE emncuww DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 6 OF THAT MD DESCRIBED I
OEED TO CYPRESS VALLEY LLC, A CALIFORNIA LIMITED LIABILLW COMPANY
RECORDED DECEMBER 19,1997, FILE NO. 1997-0647243 OF OFFICIAL RECORD$
THENCE ALONG THE WEST LINE OF SA10 PARCEL 0, NOM 00'21'43' EAST, (NORTH
0'4058' EAST PER OEED), 459.84 FEET; THENCE LEAVING SAID WEST UNE, SOUTH
10'43'29' EAST, 468.64 FEET TO THE MOST WESTERLY CORNER OF LAND DESCRIBED
IN OEED TO GEORGE W. TARRY, ET UX, RECORDED SEPTEMBER 10,1957, FILE NO.
136954 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID
PARCEL 6, NORTH 88'36'20' WEST, 90.12 FEET TO ME POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LANO CONTAINS 0.476 ACRE MORE OR
LESS.
JOHN W. HILI., JR. LS, 5669
HUNWER 8 ASSOCIATES SAN OIEGO, INC.
PAGE 1 OP 1 :OA\~rsrLIl041~UMmldae woimi-01 mm
'PUCANT:
YcYlUIN COlpANlEE Z727 - NE.
:619) 79S-m
UTtG#L CIW, CA 9-
PREPARED 8y; PR0JEC.E A.P.N.: SEWER ls8-oso. - 9mm wm , Exhibit -w.~au~
I
e! e E
@
MITIGATION PARCEL
CT 83-191CT 83-32
r. 0 1)
- City of Carlsbad
November 23,1998
County Recorder
PO Box 1750
San Diego CA 921 12-4147
Enclosed for recordation are the following described documents:
Grant Deed
Environmental Tnxt
APN: 168-050-01, Calavera Nature Preserve
Grant Deed
Cypress Valley LLC
APN: 168-050-0; Calavera Nature Preserve
Staff has determined that the recordation of these documents is of benefit to the
City. (They are necessary to the formation of a nature preserve in the City of
Carlsbad.) Therefore we request that the fees for recordation be waived..
Thank you for your assistance with this item.
-bdG7?za , fl .7 os,
KATHLEEN D. SHOUP Sr. Office Specialist
1200 Carlsbad Village Dvive 0 Carlsbad, CA 92008-1989 - (760) 434-280