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HomeMy WebLinkAbout2003-01-14; City Council; 17030; Rescission/Agreement To Negotiate Access EasementsGI I Y ur Am-, AP CARLSBAD - AGENDA BILL 17,030 \ B# I- TITLE: DEPT. HD. RESCISSION OF THE CITY ATTY. CITY MGR. EPT. ENG I FROM CARLSBAD TRACT 97-01 ITG. 1/14/03 I "AGREEMENT TO NEGOTIATE ACCESS EASEMENTS RECOMMENDED ACTION: Adopt Resolution No. 2003-004 authorizing the Mayor to execute the rescission of the "Agreement to Negotiate Access Easements" from Carlsbad Tract 97-01. ITEM EXPLANATION: final map for CT 97-01, Rancho Carrillo Village "H". It also authorized the Mayor to execute the On June 2, 1998, the City Council approved Resolution No. 98-155. That resolution approved the the developer to fulfill condition 61 of CT 97-01. At the time, it was not known if an access easement "Agreement to Negotiate Access Easements" on behalf of the City. The Agreement was required of would be necessary to serve development of a portion of the adjoining property known as Bressi Ranch. With the approval of the Master Plan and General Plan Amendment for Bressi Ranch, MP 178 and GPA 98-03, on July 9, 2002, that portion of the property was designated through Rancho Carrillo Village "H". as permanent open space. Therefore, an access easement is not needed for ingress and egress The Agreement's terms allow its amendment, modification or rescission by mutual written agreement by the parties. The owner of Rancho Carrillo Village H has requested an amendment, per section 1I.B. of the Agreement, to rescind the "Agreement to Negotiate Access Easements". the City Council approve the rescission agreement. City staff prepared, and the Developer has signed, a rescission agreement. Staff recommends that FISCAL IMPACT None. EXHIBITS: 1. Location Map. 2. "Agreement to Negotiate Access Easements". 3. Rescission of the "Agreement to Negotiate Access Easements", 4. Resolution No. 2003-004 "Agreement to Negotiate Access Easements" from Carlsbad Tract 97-01. authorizing the Mayor to execute the rescission of the L 1 G~ORDE~I REQUE,"~F First Americfln 1.d ~~uDwsIONMA~'PIN~D~~~ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk 1 ) City of Carlsbad 1 1200 Carlsbad Village Dr. 1 Carlsbad, CA 92008 ) ) FEES: 28.00 - -6 I Space abov~ use only 1513 DOC -. 1998-0352187 SUN 10. 1998 4:27 PM This AGREEMENT TO NEGOTIATE ACCESS EASEMENTS ("Agreement") is entered into effective~wt:, , 1998, by and between CONTINENTAL Homes ("CRI") and the CITY OF CARLSBAD, a California municipal RANCH, INC., a California corporation doing business as Continental corporation (the "City"), with reference to the following: City called "Rancho Carrillo." A. CRI owns and is developing a residential project in the as "CT 97-01," for Villase "H" B. The City approved a tentative subdivision map, identified description of the subject real property ("Village k," or the of Rancho Carrillo. A legal "Property") is attached hereto as Exhibit "A." condition of approval of a final map for CT 97-01, to enter into a C. Condition 61 of CT 97-01 requires the developer, as a would negotiate in good faith, subject to certain terms, with a recorded agreement with the City pursuant to which the developer neighboring property owner regarding access. D. This Agreement is intended to satisfy Condition 61 of CT 97-01. THE PARTIES AGREE: I. A. E and Exhibits. The above recitals (the attached hereto are incorporated into this Agreement. "Recitals") are true and correct. The Recitals and all exhibits E. -. As used in this Agreement, 'Developer" shall mean the entity owning the Property. c. Qyhiect of N-. 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 /// -1- 1514 - agreement with the owner of Bressi Ranch whereby (a) the owners of not more than ten (10) homes developed on that particular portion would have the recorded right to ingress and egress along H-A, H-B, of Bressi Ranch (the "Knoll") depicted on Exhibit "B" attached hereto 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 "Knoll"; (d) maintenance for all these streets within the Property would be the responsibility of the Rancho Carrillo Master Association; (e) the would be obligated to share in the pro rata costs of maintenance of owners of homes in Bressi Ranch who take access over these streets Declaration of Restrictions for Rancho Carrillo would include the the streets pursuant to Civil Code Section 845; and (f) the Master 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 Rancho Carrillo." D. TQZY& This Agreement shall be valid for a period of five . above, are granted, whichever comes first. If no access and cost (5) years or until the easements described in paragraph I .C., sharing agreement has been entered into within five (5) years may be developed. despite Developer's good faith negotiation, Lot No. 7 of Village H E. of (3006 Fa +th NeaotiPtCpB. 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. negotiations" does not contemplate Developer giving property 7 of Village H to be developed. The requirement of "good faith . without just compensation. F. of c-. The signing and recordation of this Agreement satisfies condition 61 of CT 97-01. 11. MISCELLANEOUS. A. -. 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. wver and. 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. f C. Benefit and Burdan. 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 Property. This Agreement is not intended to benefit any third their respective successors in interest with respect to the 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. /7 CONTINENTAL RANCH, INC. By: ATTEST: ALETHA RAUTENKRANZ , CITY CLERK By: APPROVED AS TO FORM: CITY ATTORNEY -3- .. ,. - 1516 State of California County of San Diego On Auril 16. 1998 before me, Nancv A. Nemec. Notaw 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. WITNESS my hand and official seal. .. , .. , * .' L CERTIFICATE OF CORPORATE REBOLVTION OF CONTINENTAL RANCH, INC. I, Susan M. Gaupel , Assistant Secretary of CONTINENTAL RFbNCH, INC., a Delaware corporation (Worporation"), do hereby certify that I am a duly elected, qualified and acting officer of the records of the Corporation; that no provision of, the Articles of Corporation and, as such, I am familiar with the books, minutes and Incorporation or Bylaws of the Corporation requires that any action or signature of the Corporation be attested by a corporate 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 by the Board of Directors of the Corporation, on October 20, 1997 following is a true and accurate copy of resolutions duly adopted unanimous written consent of all members of the Board of Directors either at a duly held meeting of the Board of Directors or by 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 W. Thomas Hickcox President Vice President Donald W. MacKay David Lother Vice President Greg Hastings Vice President 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 SClsan M. Gauuel Assistant Secretary t '* .. '.' . . .. . .. . . .. . . .. . .- . . .:. . . ... . . .. .. .. . .. .. .. .: EXHIBIT "A" Page 1 of 1 .., . .. . .. ... , . , .. .. . . . .. .. .. ... . . ' , .. .. . .. .. .. .. . ,. . .. .. .. *. .. .. .. . .. . . :.:: . .... . .. .. . " : .. .. .. . .. . .. .. .. . .., . . . .. . .. .. i '.. .. . .. .. . :- , . .. . .. ., . . .. I. .. ,. .. .. .. .. .. .. .. .. .. ! .. 1518 - EXHIBIT "B" Page 1 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"3800" West 200.00 feet: thence North 60O48'06 East 167.71 feet; thence North 02"3800" 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 KD:rh\12987.003 PARCEI PARCEL MAT EXHIBIT "B" Page 2 of 2 ;PACE 77 N 4 SCALE: 1'5200' r (THE KNOLL) P.O.B. ."^ ,."" "..~ ......I.,^,r" ^-.. JN 12987 I" C. The Agreement is no longer needed because the neighboring property has been designated as permanent open space which does not require access. D. Article ILB. of the Agreement allows for rescission of the Agreement to be in writing and signed by all Parties. NOW, THEREFORE THE PARTIES AGREE: 1. The above recitals are true and correct. 2. The AGREEMENT TO NEGOTIATE ACCESS EASEMENTS is hereby rescinded effective as of the date written above. IN WITNESS WHEREOF, the undersigned have executed this rescission on the date first above written. CONTINENTAL RESIDENTIAL, INC. CIT &LSMDd a California corporation co O$ ATTEST: City Clerk APPROVED AS TO FORM: RONALD R. BALL, City Attorney 2 State of California 1 County of San Diego ) ) ss. On December 4. 2002 before me, Toni Carter, Notary Public, personally appeared David A. Lother, of -, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. T&i Carter, Notary Public CERTIFICATE OF ASSISTANT SECRETARY The undersigned hereby certifies as follows: 1. He is a duly elected, qualified and acting Assistant Secretary of Continental Residential, Inc., a Califomiacorporation (the "Company"), is familiarwith the facts herein certified and is duly authorized to certify the same. 2. The following is atrue, correct and complete copy ofresolutions related to the subject matter as adopted by the Consent of Sole Director of the Company dated January 1, 2000 (the "Resolutions"). The Resolutions have not been amended, rescinded or modified and remain in full force and effect as of the date hereof. Authoritv of David A. Lother. Vice President WHEREAS, effective April 20, 1998, David A. Lother was elected to, and continues to serve in, the office of Vice President of the Company (the "Vice President"), to serve until the next annual meeting of the directors of the Company and until his successor is duly elected and qualified or until his earlier death, resignation or removal. RESOLVED, that in connection with land development for the Company, without the prior approval, and without the signature, of any other officer of the Company, the Vice President is hereby authorized and empowered, in the name and on behalf of the Company, to execute and deliver contracts, agreements and other documents and instruments for the subdivision, development and/or improvement of real property, including subcontractor agreements, maintenance contracts, applications to the Department of Real Estate for approval of budgets, homeowner association documents and various other documents, homeowner association documents, entitlement submissions, security bonds, subdivision improvement agreements, permit applications, easement deeds, agreements with adjacent property owners, consulting contracts and similar or equivalent agreements, documents or instruments. IN WITNESS WHEREOF, the undersigned has set his hand on the 26th day of January, 2000. /7 Paul /b2?L.&?4*,, W. Buchschacher, Assistant Secretary 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. *003-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A RESCISSION OF THE AGREEMENT TO NEGOTIATE ACCESS EASEMENTS FROM CARLSBAD TRACT 97-01. WHEREAS, on June 2, 1998, the City Council approved Resolution No. 98-155 approving the final map, Carlsbad Tract 97-01 (CT 97-01), Rancho Carrillo Village H; and WHEREAS, said resolution also authorized the Mayor to execute the "Agreement to Negotiate Access Easements" on behalf of the City; and WHEREAS, condition of approval number 61 of CT 97-01 required the developer, Continental Ranch, Inc., aka Continental Residential, Inc., to enter into said Agreement; and WHEREAS, said Agreement was required to ensure ingress and egress to potential development on the adjoining property, Bressi Ranch; and WHEREAS, on July 9, 2002, the City Council approved Resolution No. 2002-205 approving Master Plan (MP) 178 and General Plan Amendment (GPA) 98-03 for Bressi Ranch; and WHEREAS, MP 178 and GPA 98-03 designated the land adjacent to CT 97-01 as open space; and WHEREAS, said open space does not allow development needing ingress and egress; and WHEREAS, the "Agreement to Negotiate Access Easements" is no longer needed; and WHEREAS, Article 1I.B. of said Agreement allows the Agreement to be rescinded in writing; and WHEREAS, a rescission of the Agreement has been prepared by City staff, and signed by Continental Residential, Inc. 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 the Mayor is authorized to execute the rescission to the "Agreement to Negotiate Access Easements" on behalf of the City. 1 3. That the City Clerk is authorized to cause the rescission to the "Agreement to Negotiate Access Easements" to be recorded in the office of the County Recorder of San Diego County, State of California. 3 4 5 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 14th day of JANUARY , 2003 by the following vote, to wit: 6 AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard 7 a 9 10 11 12 13 14 (SEAL) Resolution NO. 2003-004