HomeMy WebLinkAbout2012-06-05; City Council; 20920; Authorization to Excute Notice of Restriction for Carlsbad Municipal Golf Course Mapping Project CT 09-03CITY OF CARLSBAD - AGENDA BILL
AB# 20,920 AUTHORIZATION TO EXECUTE AND
RECORD A NOTICE OF RESTRICTION
FOR THE CARLSBAD MUNICIPAL GOLF
COURSE MAPPING PROJECT (CT 09-03)
DEPT. DIRECTOR X)^/<f—
MTG. 6/5/12
AUTHORIZATION TO EXECUTE AND
RECORD A NOTICE OF RESTRICTION
FOR THE CARLSBAD MUNICIPAL GOLF
COURSE MAPPING PROJECT (CT 09-03)
CITYATTY. ^
DEPT. PEM
AUTHORIZATION TO EXECUTE AND
RECORD A NOTICE OF RESTRICTION
FOR THE CARLSBAD MUNICIPAL GOLF
COURSE MAPPING PROJECT (CT 09-03) CITY MGR. ^
RECOMMENDED ACTION:
Adopt Resolution No. 2012-124 authorizing the Mayor to execute a Notice of
Restriction for the Carlsbad Municipal Golf Course Mapping project and authorizing the City
Clerk to file the executed notice with the San Diego County Recorder.
ITEM EXPLANATION:
The City recently processed Tentative Tract Map No. CT 09-03 and Coastal Development
Permit CDP 11-19 to allow the subdivision of City-owned land in and around the Crossings Golf
Course. The subdivision was needed to delineate the golf course property from three vacant
industrial lots and the Veterans Park property. The Planning Commission approved the
Tentative Tract Map on September 15, 2010 and the Coastal Development Permit on January
4,2012.
The approving resolutions for the Tentative Tract Map and Coastal Development Permit both
contained the standard condition of approval requiring the execution and recordation of a Notice
of Restriction on the subject property. The purpose of this notice is to declare that the
obligations and restrictions imposed by the permits are binding on all present and future interest
holders or estate holders of the property.
The Notice of Restriction must be signed by the property owner and recorded on the property.
Therefore, staff is requesting that the Mayor execute the attached Notice of Restriction for the
Carlsbad Municipal Golf Course Mapping project and direct the City Clerk to file the executed
notice with the San Diego County Recorder.
FISCAL IMPACT:
None.
DEPARTMENT CONTACT: Michael Grim 760-602-4623 mike.qrim@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
WITHDRAWN • RETURNED TO STAFF •
AMENDED • COUNCIL RECEIVED THE •
REPORT/PRESENTATION
OTHER-SEE MINUTES •
Page 2
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has no potential to cause either a direct physical
change in the environment, or a reasonably foreseeable indirect physical change in the
environment, and therefore does not require environmental review.
EXHIBITS:
1. Resolution No. 2012-124 authorizing the Mayor to execute the Notice of
Restriction for the Carlsbad Municipal Golf Course Mapping project and authorizing
the City Clerk to file the executed notice with the San Diego County Recorder.
1 RESOLUTION NO. 2012-124
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR
^ TO EXECUTE A NOTICE OF RESTRICTION FOR THE
4 CARLSBAD MUNICIPAL GOLF COURSE MAPPING
PROJECT AND AUTHORIZING THE CITY CLERK TO FILE
5 THE EXECUTED NOTICE WITH THE SAN DIEGO
COUNTY RECORDER.
6 "
7 WHEREAS, on September 15, 2010, the Planning Commission of the City of
Carlsbad approved Planning Commission Resolution No. 6719 for Tentative Tract Map
CT 09-03 for the Carlsbad Municipal Golf Course Mapping project to allow the
subdivision of 504 acres of land into six golf course lots, three future development lots,
and one future park lot, on property generally located north of Palomar Airport Road,
east and west of College Boulevard; and,
WHEREAS, on January 4, 2012, the Planning Commission of the City of
15 Carlsbad approved Planning Commission Resolution No. 6852 for Coastal
16 Development Permit CDP 11-19 for the Carlsbad Municipal Golf Course Mapping
17 project to allow the subdivision of land within the Coastal Zone; and,
18 WHEREAS, Condition No. 12 of Planning Commission Resolution No. 6719 and
Condition 11 of Planning Commission Resolution No. 6852 require the execution and
recordation of a Notice of Restriction.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows that:
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24 1 • The above recitations are true and correct.
25 2. That the Mayor is authorized to execute the attached Notice of Restriction.
2^ 3. That the City Clerk is authorized to file the executed Notice of Restriction
in the office of the County Recorder of San Diego County.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 5^^ day of June, 2012, by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
MATT WALL, IWayor
ATTEST:
(SEAL)
Tsifetant City Clerk
RECORDING REQUESTED BY AND)
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
Space above this line for Recorder's use
Assessor's Parcel Number
Project Number and Name
212-010-05, -07,-12,-13, -15
212-041-12 thru -37
212-081-01 thru -21
212-082-01 thru-10
CT 09-03/CDP 11-19
Carlsbad Municipal Golf Course
Mapping
NOTICE OF RESTRICTION ON REAL PROPERTY
The real property located in the City of Carlsbad, County of San Diego, State of
California described as follows:
Lots 50 through 76 and the "Remainder Parcel" of Carlsbad Tract CT
81-46 Unit 3 per Map No. 11289 filed July 16, 1985, together with Lots
1 through 26 of Carlsbad Tract CT 85-17 per Map No. 12903 filed
December 13, 1991, together with a portion of Lot F and a portion of
Lot G of Rancho Agua Hedionda per Map No. 823 filed November 16,
1896, all in the County of San Diego, State of California, all maps filed
in the Office of the County Recorder of San Diego County.
is restricted by a Tract Map and Coastal Development Permit No. CT 09-03 and CDP 11-19
approved by the City of Carlsbad on 09/15/10 and 01/04/12 respectively. A copy is on file at the
City of Carlsbad Planning Division. The obligations and restrictions imposed are binding on all
present or future interest holders or estate holders of the property.
Rev. 11/26/2008
Assessor's Parcel Number: 212-010-05, -07, -12, -13, -15
212-041-12 thru -37
212-081-01 thru -21
212-082-01 thru -10
Project Number and Name: CT 09-03/CDP 11-19 CARLSBAD MUNICIPAL GOLF COURSE MAPPING
OWNER:
Signature
APPROVED AS TO FORM:
CITY OF CARLSBAD
DON NEU,
City Planner
Print name and title Date
Signature
Print name and title
RONALD R. BALL, City Attorney
By:
Assistant City Attorney
Date Date
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFG or assistant
treasurer must sign for corporations. Othen/vise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empov\/ering the officer(s)
signing to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument).
Rev. 11/26/2008
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On JuA^ ft ^Oi;i before me, ^hejUl^f>T^^;\g Cobtaio Notary Public,
personally appeared V^;a^ , who proved to me
on the basis of satisfactory evidence to be the personwhose name(«)Ci^aFe-subscribed to the
within instrument and acknowledged to me that(@i&|:»e/ttee^ executed the same inC^jDnor/thofr
authorized capaciti^(ies7; and that by(@/hef/tlw signature^ on the instrument the person^,
or the entity upon behalf of which the person^ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Signature of Notary)
f ' ' SHEIURENAE^OBIAr't
1 d^^i Commission # 1848471 |
iSS^^M Notary Public - California z
i«>bdrflSKV San Diego County i
Rev. 12/17/2007
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