HomeMy WebLinkAbout2001-08-07; City Council; 16317; Notice of Intent to Seize 32.9 Acres of Park LandAB# 14,317 MTG, 08-07-01
DEPT. Recreation
CITY OF CARLSBAD -- AGENDA BILL
TITLE :
NOTICE OF INTENT TO SECURE 32.9 ACRES OF
PARK LAND IN THE SOUTHEAST QUADRANT CITY MGR.
I RECOMMENDED ACTION :
I If Council concurs, direct staff to initiate actions to acquire 32.9 acres of park land via an Irrevocable Offer
of Dedication established by the 1996 parks agreement.
I ITEM EXPLANATION :
On December 10, 1996, the City Council adopted Resolution No. 96-425 which executed the 1996 Parks
Agreement (Exhibit 1) with Real Estate Collateral Management Company (RECM) associated with the final
map for the Arroyo La Costa Development.
As part of that agreement, RECM agreed to reserve up to 32.9 acres within the Northwest portion of the
Villages of La Costa (VOL) property as a future site for the Alga Norte Park via an Irrevocable Offer of
Dedication (IOD). Although the park IOD reserved 32.9 acres, the City retains the right to acquire all or any
portion of the property prior to approval of the first Master Tentative Map within Local Facilities
Management Zone 10.
For several years, staff has relayed to the VOL Master Plan applicant the City’s desire to obtain all 32.9
acres of property for use as a community park. This position has been confirmed by the Parks and
Recreation Commission during the November 16, 1998 Commission Meeting. In addition, funding to
purchase and develop the future Alga Norte park site has been reviewed and approved by the City Council
for several consecutive years as part of the Capital Improvement Program (CIP) Budget.
According to the Agreement, based upon previously established park land dedication credits and future
dedication requirements, the City will be responsible to pay RECM for any excess dedication resulting from
the acquisition of the 32.9 acre parcel. Under terms of the agreement, total payment due RECM for excess
parkland accepted by the City shall be based upon a reimbursement cost of $175,000 per acre. At this
time, it is anticipated that the excess dedication and cost to the City will be as follows:
. Existing parkland dedication credits per 1996 Parks Agreement 13.841 acres m Southwest/Arroyo La Costa Park dedication requirement ( 7.460)acres Credit Balance 6.38 1 acres
m VOL Master Plan park dedication requirements based on 2,390 units 16.620 acres
. Deduct Credit Balance ( 6.381 lacres
n Remaining Dedication Requirement of VOL 10.239 acres
. City exercises IOD and acquires entire parcel 32.900 acres
. Deduct remaining park land dedication requirement of VOL (10.239)acres . Excess park land dedication resulting from exercising 32.9 acres IOD 22.661 acres
n Reimbursement cost to RECM per acre x$175,000
Cost to implement the 32.9 ac IOD and purchase 22.661 acres of excess parkland dedication. -
As the VOL Master Plan has progressed through its formation stages, there has been some consideration
by the applicant to allow the potential opportunity for a school site to occupy a portion of the 32.9 acre site
for which the City retains the IOD. Even though a school site is located within the 32.9 acres as an option,
an alternative school site is also provided for at another location within the VOL Master Plan. Consequently,
prior to further processing of the Master Plan, staff is requesting that the Council reiterate its intent to
secure the entire site for use as a community park and direct that the appropriate documents be prepared
to fulfil1 that intent.
Page 2
With the adoption of the FY 2001-02 CIP Budget, funding has been allocated to begin the park master
planning process for the Alga Norte park site. This is a lengthy and expensive process involving many months of staff work, participation by members of the Parks and Recreation Commission and input by the community via an extensive public outreach process. The park master plan will also involve the retention
of landscape architect consultants, along with several special&d consultants, and will cost several
hundred thousand dollars to complete.
Although Environmental Review is required prior to purchasing the property for park purposes, that review
has been addressed through the VOL. Master Plan Environmental Impact Report and the Fieldstone
Habitat Conservation Plan (HCP). The Fieldstone HCP provides for development of the park site relating to the State and Federal Endangered Species Act. Additionally, in order to complete the Environmental Review Process, it will be necessary to obtain a finding of General Plan Consistency from the Planning
Commission. If Council concurs, staff will return with the required documents to secure the 32.9 acre
park site and request appropriation of available funding to conclude this transaction.
FISCAL IMPACT :
As identified on page one of the Agenda Bill, the City will be required to reimburse RECM for
approximately 22.66 acres if the entire IOD is acquired. The cost of that reimbursement based on
$175,000 per acre is $3,965,675.
Under terms of the 1996 Parks Agreement, payment to RECM shall be made from Park-In-Lieu fees
collected in the Southwest Quadrant deemed to be available by the City Council on a first priority basis
until the total amount due has been paid. No interest shall accrue on any unpaid balance. The City shall
in any event make the first payment to RECM by the thirty first day of July following the date of acceptance of the Park IOD. The Council may, at its discretion, approve an earlier payment if funds are
available.
Presently, there is adequate funding to purchase the park site as $4,800,000 in PIL funds has been
approved in the CIP Budget for the acquisition of the future Alga Norte park site.
EXHIBITS :
1. 1996 Parks Agreement 2. Site Location Map - Alga Norte Park
.,-
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Space Above This Line for Recorder’s Use
1996 PARKS AGREEMENT
This 1996 Parks Agreement (“AGREEMENT”) is made this s
dayof =zr%Wf& 1997J.between the City of Carlsbad, a Municipal Corporation of the #’
State of CalifomiaW(‘CITY”) and Real Estate Collateral Management Company, a Delaware
Corporation (“RECM”), successor-in-interest to the Fieldstone/La Costa Associates, agree as
follows:
RECITAL!3
A. Between 1972 and the present there have been a series of agreements between the City
and major land owners providing for park acquisition and development in the Southeast
Quadrant, sununarized in Exhibit A (“Prior Parks Agreements”) attached hereto.
B. RECM is now the owner of more than 2,267 acres of development real estate within the
City’s Southeast Quadrant which encompasses all or portions of Local Facility Management
Zones 6, 10, 11 and 12 (hereinafter collectively referred to as the “Villages of La Costa”.)
Furthermore, RECM has become successor to the obligations of Fieldstone/La Costa
Associates set forth in the 1982 Parks Agreement and all subsequent supplements, specifically
the 1988 and 1990 Park Supplements.
C. For purposes of this Agreement, the Villages of La Costa consists of the following:
1) The Southwest /Arroyo La Costa includes approximately 481.58 acres in Zone 12,
is identified more specifically on Exhibit “B-l” and hereinafter referred to as
“Southwest/Arroyo” or “CT 88-3”. This property is currently the subject of an
1
EXHIBIT 1
3
approved Tentative Tract Map for 1,076 single family dwellings and associated
improvements.
2) The Southeast/Rancheros area consists of approximately 1,112 acres within Zone
11, as more specifically described on Exhibit “B-2” and hereinafter referred to as
“Southeast/Rancheros.”
3) The Northwest area consists of approximately 674 acres located within Zone 10
(currently encumbered by the Deed of Trust referred to in Section 2, in favor of the
City of Carlsbad). This property is more particularly described on Exhibit “B-3”
and hereinafter referred to as “Northwest. n
4) Five (5) isolated, smaller parcels located within Zone 6 more specifically described
on Exhibit “B-4” hereinafter referred to as “Remnants.”
D. As a result of significant change of circumstances and in order to satisfy a condition of
Final Map approval for CT 88-3, the City and RECM now desire to tiodify, amend and fully
restructure the Prior Parks Agreements by substituting in its entirety, this Agreement for all
purposes to apply to future development of the Villages of La Costa with respect to provision
of public parks under the park dedication requirements of the City’s Growth Management
Program and General Plan. Some of the changed circumstances include, but are not Iimited to:
adjusted development product, areas and densities expected over the Villages of La Costa
compared with the assumptions contained in the Prior Parks Agreements; the need for General
Plan Amendments and associated Master Plan approvals for the Northwest and
Southeast/Rancheros properties occasioned by Growth Management; the recently approved
Habitat Conservation Plan, and development that has occurred elsewhere within the Southeast
Quadrant on properties eligible to receive parkland credit under the Prior Parks Agreements,
affecting the Southeast Quadrant’s parks facilities requirements.
NOW, THEREFORE, incorporating the foregoing recitals of facts set forth above and in
consideration of the mutual covenants, conditions and obligations contained herein, the parties
agree to the following:
1. SuDersede Prior Parks Agreement
This agreement is intended to fully supersede, replace and substitute for the Prior Parks
Agreements for all purposes from and after the effective date of this agreement, and is
intended to and shall constitute a novation of the Prior Parks Agreement with respect to
future events.
2. Reconvevance of Deed of Trust.
Under the Prior Parks Agreements, that certain Deed of Trust and Assignments of
Rents, recorded April 14, 1988 as Document Number 88-172276 in favor of the City
and encumbering the Northwest portion of the Villages of La Costa shall be fully
reconveyed, released and extinguished by the City upon the recordation of an
Irrevocable Offer of Dedication as described in Section 4.2 below. RECM shall pay
the cost, if any, of such reconveyance. 9
3. Satisfaction of Villages of La Costa Parks Obligations.
In addition to the City’s Growth Management Program and implementing ordinances,
the City has adopted the Quimby Act requirement for park land dedication, or the
payment of fees-in-lieu thereof, in connection with Final Subdivision Maps. The ratio
of parkland required under the City’s applicable ordinances and policies is 3.0 acres per
1,000 population (calculated at the rate of 2.318 persons per single family detached
unit), which dedication or payment of park fees-in-lieu thereof is required as a
condition of Final Subdivision Map approval. RECM, or its predecessors in title, have
dedicated substantial park acreage to the City in connection with prior project approvals
consistent with the Prior Parks Agreements, including advance dedication of parkland
in excess of that required for the development that has occurred to date on its land.
3.1 Carrvover Parkland Dedication Credits.
RECM is the beneficiary of prior excess parkland dedication credits consistent with the
Prior Parks Agreements and predecessor agreements in the amount of 13.841 acres as
evidenced by the Schedule of Parkland Credits attached hereto, marked Exhibit “C”
and incorporated herein by this reference (hereinafter “Existing Parkland Credits”),
The Existing Parkland Credits are expressed as the number of parkland acres previously
3
5
dedicated in excess and advance of prior development requirements on property subject
to the Prior Parks Agreements and which directly benefits and is available for future
buildout of the Villages of La Costa.
3.2 Parks Reouirements: Anticinated Buildout.
Under the Parkland Dedication Requirements of three park acres per 1,000 population
the reasonably expected additional parkland required for estimated buildout densities
for the Villages of La Costa are as follows:
Villages of La Costa 1 Projected Units ParMand Requirements 1
SouthwatlArroyo 1,073
Northwest 1,ooo
7.46 acres
6.95 acres
SoutheastIRancheros
Total
1,500 10.43 acres
3,573 24.84 acres of parkland
The “Projected Units” and associated calculation of “Parkland Requirement” identified
above for the Villages of La Costa (hereinafter “Future Parks Requirement”) is the
parties best current estimates, based on present development standards, of anticipated
densities and future parkland requirements and is subject to upward or downward
adjustments as further planning is finalized. In Southwest/Arroyo, the 1,073 units
represent the number of units set forth on the proposed final maps. With respect to the
Northwest and the Southeast/Rancheros, the Projected Units are based on current
estimates given by the City’s Growth Management Program, midpoint density range,
topographic considerations as well as consideration of the recent Habitat Conservation
Plan for those areas. The resulting estimate for 24.84 acres of Future Parks
Requirements is subject to adjustment, upward or downward, based on future approvals
for the affected areas without the need for formal amendments to this Agreement.
3.3 Southwest/Arrovo Comnliance.
The parties agree that Southwest/Arroyo shall utilize 7.46 acres of the Existing
Parkland Credits, leaving a net balance of 6.83 1 acres, and therefore, the
Southwest/Arroyo has fully satisfied all parkland dedication requirements, including
Condition No. 4 of CT 88-3.
3.4 ADDkatiOn to Future DeveloDment.
As the Northwest and Southeast/Rancheros projects obtain approved subdivision maps,
RECM may elect to utilize any remaining Existing Parkland Credits, on a unit-by-unit
basis, until all such Existing Parkland Credits are fully used. RECM shall notify the
City of particular elections to utilize all or a portion of any existing Parkland Credits on
one or more particular development projects by delivering to City, to the attention of
the Community Development Director, the “Villages of La Costa Existing Parkland
Credit Assignment Notice” in the form attached hereto as Exhibit “D”. The City
agrees to recognize such election and not require an actual dedication of Parkland or
Park-m-lieu fees on such project so long as Existing Parkland Credits remain available
and are utilized for the particular project or portion thereof. The amount of remaining
Existing Parkland Credits shall be adjusted from time to time in accordance with 1 Section 3.2 above.
3.5 Need for Park Access Dedication.
In the event it becomes necessary for the City to improve Alga Norte Park as a result of
a City Council declared Growth Management Failure prior to the time that access and
utilities would otherwise be provided by development and RJXM has obtained its first
final map in the Northwest, RECM shall provide temporary a.) all weather two lane
paved access, and b.) water, sewer and electricity to the Alga Norte Park boundary
concurrent with development of said park to the reasonable satisfaction of the City
Engineer.
4. Growth Management Program - Southeast Quadrant.
The City is evaluating the need for and possible locations of future parkland to meet the
requirements of the Growth Management Ordinance and the Parks and Recreation
Element of the General Plan. The Parties hereto wish to provide for the possibility that
such future parks demands may be satisfied from property located in the Northwest
portion of the Villages of La Costa.
4.1 AlPa Norte Park
RECM hereby agrees to reserve (and offer to dedicate pursuant to Section 4.2 below)
up to approximately 32.9 acres within the Northwest portion of the Villages of La
Costa property as a potential future site for Alga Norte Park. The park area is more
particularly shown on the schematic drawing attached hereto as Exhibit “E” and is
more fully set forth in the legal description attached hereto as Exhibit “F”, both
incorporated herein by this reference, (hereinafter “Alga Norte Park”), as satisfaction
of Southeast Quadrant Requirements.
4.2 Irrevocable Offer of Dedication
Concurrently with recordation of the Reconveyance of Deed of Trust described in
Section 2 above, RECM shall execute and record an Irrevocable Offer of Dedication in
accordance with Government Code Section 7050 in the form attached hereto marked
“Exhibit G” incorporated herein by this reference, (“Park IOD”) for fee title to all or
any portion of the Alga Norte Park. Acceptance of the Park IOD shall be expressly
subject to each of the following terms and conditions.
4.3 Date of Accentance/Reiection .
4.3.1 City agrees to make its determination of the final configuration of the desired
site for Alga Norte Park on or before the date of the approval of the first master
tentative map within Local Facilities Management Zone 10.
4.3.2 If no master tentative map is approved on the Northwest within two years from
the date of this agreement, the City may then, at any time accept all or any portion
of the Park IOD, but no later than the first fti subdivision tract map for the
Northwest. When City determines the final configuration, the City Council shall
accept and record all or so much of the 32.9 acres as City determines necessary for
said park.
4.3.3 If the City does not acquire the entire 32.9 acre parcel, it will use its best
efforts and good faith to reject a remainder parcel of such size and location as to be
reasonably developable, consistent with future development of the balance of the
Northwest. City and RECM shall use their best efforts and good faith to cooperate
and mutually agree on any final configuration and issues of access, utilities and
similar development issues affecting the portion to be accepted, and the balance of
the property. The parties understand and acknowledge that roads, utilities and
similar easements may be necessary and both parties intend to cooperate in
.‘$‘,&; 6
C .-
connection therewith, prior to as well as after the Park IOD and City’s acceptance
thereof.
4.3.4 If less than the entire parcel is accepted by the City, the City will record a
rejection of the remainder of the Park IOD, Quitclaim Deed, or other instrument
necessary to clear title to the remainder, at the same time as recordation of the
acceptance.
4.4 Title
Title to the Alga Norte Park property shall be free and clear of all monetary liens and
other debilitating encumbrances which would have substantial adverse impact on the
proposed park use at time of acceptance of all or any portion of the Park IOD, and
RECM shall provide the City a preliminary title report for the City’s review and
approval at least sixty (60) days prior to the City’s anticipated acceptance date. If the
City wishes to obtain title insurance, the City will be responsible for the cost of any
such premiums.
4.5 Exterior Boundarv SurvevMan
RECM will cause the proposed Alga Norte Park acceptance parcel boundary to be
surveyed within sixty (60) days of notification of the final boundary for purposes of
acceptance by the City. To the extent that compliance with the provisions of the
Subdivision Map Act is required, the City shall be solely responsible for satisfying, at
its own expense, any subdivision map obligations, including certification through
issuance of a Certificate of Compliance or other necessary instrument or map to create
a legal parcel and that any remainder portion of the approximately 32.9 Alga Norte
Park Parcel are valid, legal parcel(s) within the Subdivision Map Act and applicable
local ordinances or policies, including the provision of access to and utilities through
the park and any remainder parcel
4.6 Cost of AcceDtance
The City shall cause the acceptance/rejection documents to be recorded and shall ,be
responsible for any Title Insurance premium and any escrow fees shall be split equally
between the parties. The parties agree that no documentary transfer taxes are payable
based on the City’s acceptance of all or any portion of the Park IOD.
~+&. I .I
7
4.7 Pavment Program
If the City accepts the Park IOD in an amount in excess of the amount of total Parkland
Requirement as computed in Section 3.2 as. adjusted from time to time, the City shall
pay RECM for such excess dedication. The amount of excess parkland shall be
determined by subtracting the amount of parkland required in Section 3.2, as adjusted
from time to time, from the number of acres actually accepted by the City under this
Agreement, plus any remaining Existing Parkland Credits. The total payment, due
RECM for excess parkland accepted, if any, by the City shall be equal to the amount of
excess parkland computed as described above times $175,000 per acre which amount
shall be the total payment due. Payment to RECM shall be made from Park In-Lieu
Fees collected in the Southeast Quadrant deemed to be available by the City Council at
the earliest opportunity. If Park In-Lieu fees from the Southeast Quadrant are
insufficient or unavailable to fully pay RECM the amount due under this section, the
City shall annually review the amount of Park In-Lieu Fees received within the
Southeast Quadrant and shall pay to RECM any fees that are deemed to be available by
the City Council on a first priority basis until the total amount due has been paid. No
interest shall accrue on any unpaid balance. The City shall in any event make the first
payment under this section to RECM by the thirty-first day of July following the date of
acceptance of the Park IOD. The City Council may, at its discretion, approve an
earlier payment, if funds are available. The City is not obligated in any way to make
payments to RECM from any source other than Park In-Lieu Fees collected in the
Southeast Quadrant.
4.8 Accommodation in Northwest Master Plan
RECM shall continue to include the location of the Park IOD in its future planning for
the Northwest, and shall provide for. alternative development should the City determine
to satisfy all or a portion of the Southeast Quadrant Requirement from other property or
in another manner. The parties agree to cooperate reasonably in the future planning
process for the Northwest in order to achieve the purpose of this Agreement.
4.9 Abandonment bv City
If the City determines not to use the Park IOD for a park, it shall record a rejection of
the entire Park IOD, Quitclaim Deed or other instrument necessary to clear title as
reasonably requested or required by RECM as quickly as is reasonably possible but not
later than one year following the determination by the City Council that the Park IOD is
not desired.
4.10 Other Park Prooertv
It is currently the City’s intent to accept and develop the Alga Norte Park, as described
in this agreement, to meet the demands of the Growth Management Program for the
Southeast Quadrant, subject to the conditions described in this agreement. The prior
offer to dedicate park property in San Marcos Canyon is no longer intended to be
accepted as described in the 1982 Parks Agreement. The City hereby agrees to identify
and vacate, rescind or otherwise to proceed with ;he necessary actions to release the
property to RFCM within one year from execution of this agreement.
5. Resoonsible Parties
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the RECM in connection with the
foregoing are as follows:
For City: Community Development Director
Mr. Marty Orenyak
2075 Las Palmas Dr.
Carlsbad, CA 92009-4859
For RECM: Real Estate Collateral Management
James M. Jackson
Vice President
PO Box 9000-685
Carlsbad, CA 92018
6. Satisfaction of Southwest/Arrovo Condition
Execution of and compliance with this Agreement fully satisfies Condition No. 4 of the
Conditions of Approval for the Southwest/Arroyo tentative map as well as establishing
full compliance with the parkland Dedication Requirements and all Southeast Quadrant
9
-
park requirements of the Carlsbad Growth Management Program, or other Carlsbad
ordinances, policies or procedures including the implementation of the Quimby Act
applicable to the Villages of La Costa.
7. General Provisions.
7.1 Successors and Assigns
This Agreement shall bind and inure to the benefit of the parties their respective assigns
and successors, and the successive owners of the Villages of La Costa, provided,
however, payment for any excess parkland and the assignment of Existing Parkland
Credits to specific properties shall be the personal property of RBCM. Credits and
payments may be made available to subsequent purchasers of portions of the Villages of
La Costa property to satisfy the future Parkland Dedication Requirement of said
subdividers as directed by RECM based upon receipt of written authorization by City
from RECM in the form of the “Villages of La dosta Existing Parkland Credits
Assignment Notice,” attached hereto as Exhibit “D,” indicating the amount of such
credit or payment to be made to subsequent subdividers of Villages of La Costa.
RBCM shall provide the City with such written notice of the transfer or a separate
notice of any non-transfer of the rights to receive payment or credits within thirty (30)
days of the transfer of any property subject to this Agreement. Should for any reason
the “Villages of La Costa Existing Parkland Credits Assignment Notice” or separate
notice of non-transfer not be provided to the City, then the City shall not allocate any
payment ,or credit ,or reimbursement, to any other property.
7.2 Construction,
This Agreement shall be construed as a whole in accordance with its fair meaning, the
captions being for the convenience of the parties only and not intended to describe or
define the provisions and the portions of the Agreement to which they pertain. Both
parties acknowledge that they understand the terms and conditions of this Agreement
and execute the Agreement without force or duress. Neither party shall deny the
enforceability of any provision of this Agreement on the basis that it did not have legal
counsel, or that it did not understand a term or condition of this Agreement. Both
parties to this Agreement acknowledge that they have been represented by counsel
10 'I'd r, .>*.a 1 JI.. ra
and/or advisors of their own choice and that neither party shall be deemed to have
primary responsibility for drafting this Agreement.
7.3 Waiver
No waiver by either party of any default, breach, or any other term set forth herein
shall constitute a waiver of any other default, breach or term whether of the same or
any other convenant or condition.
7.4 Severabilitv
If any portion of this agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in
full force and effect and shall be given its full and fair meaning in order to effectuate
the purposes of this agreement.
7.5 Amendments
No change or addition to this agreement, or any part or portion thereof, shall be valid
unless in writing and signed by all parties hereto.
7.6 Entire Agreement
This Agreement contains the entire agreement between the parties hereto respecting the
subject matter covered. This Agreement supersedes and replaces any and afl previous
discussions, negotiations and writings between the parties hereto, superseding and
replacing all negotiations, prior discussions, preliminary agreements, the Prior Parks
Agreements or understanding respecting the subject matter whether written or oral.
7.7 No Third Partv Beneficiary
Nothing contained herein is intended nor shall be construed as benefiting any third
party, or member of the public, nor shall it create or authorize any claims, causes of
action or any legal proceedings to interrupt or enforce this Agreement other than by
the parties hereto and their successors and assigns.
11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
City Clerk
APPROVED AS TO FORM:
REAL ESTATE COLLATERAL MANAGEMENT
COMPANY. a Delaware corporation
STATE OF CALIFORNIA ; as. COUNTY OF SAN DSEGO 1
On 11/27/96 before me,Vivian Mae Walters, personally appeared Jane8 l4. .&son and Spire 6. Esilas
personallv known to me (or proved to me on the basis of ' satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on thq instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
ti&ha Notary public in and for said County and State
I
Future site - Alga Norte Park - ,
I -
Exhibit 2
16