HomeMy WebLinkAbout2014-09-09; City Council; 21729; Irrevocable Offer to Dedicate Property Document 84-384022CITY OF CARLSBAD - AGENDA BILL
AB# 21,729 ADOPTION OF RESOLUTION ACCEPTING
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
DOCUMENT NO. 84-384022; AND APPROVING A
STREET TREE MAINTENANCE AGREEMENT WITH
LENNAR HOMES OF CAUFORNIA, INC. FOR TABATA
10, PROJECT NO. CT 06-13, GENERALLY LOCATED AT
2311 CAMINO HILLS DRIVE
DEPT. DIRECTOR (//^_^
MTG. 9/9/14
ADOPTION OF RESOLUTION ACCEPTING
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
DOCUMENT NO. 84-384022; AND APPROVING A
STREET TREE MAINTENANCE AGREEMENT WITH
LENNAR HOMES OF CAUFORNIA, INC. FOR TABATA
10, PROJECT NO. CT 06-13, GENERALLY LOCATED AT
2311 CAMINO HILLS DRIVE
CITY ATTORNEY
DEPT. CED
ADOPTION OF RESOLUTION ACCEPTING
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
DOCUMENT NO. 84-384022; AND APPROVING A
STREET TREE MAINTENANCE AGREEMENT WITH
LENNAR HOMES OF CAUFORNIA, INC. FOR TABATA
10, PROJECT NO. CT 06-13, GENERALLY LOCATED AT
2311 CAMINO HILLS DRIVE
CITY MANAGER
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 2014-219 to accept irrevocable offer to dedicate
real property document no. 84-384022; and ADOPT Resolution No. 2014-220 a Street Tree
IVlaintenance Agreement with Lennar Homes of California, Inc. for Tabata 10, Project No. CT 13-01,
generally located at 2311 Camino Hills Drive.
ITEM EXPLANATION:
On July 15, 2009, the Planning Commission approved CT 06-13, Tabata 10. The approval was
conditioned to complete Camino Hills Drive improvements along the project frontage. A portion of
the required Camino Hills Drive is located outside the project boundary. An existing irrevocable offer
to dedicate real property document no. 84-384022 (IOD) made pursuant to section 7050 of the
Government Code provides adequate right-of-way for that portion of Camino Hills Drive located
outside the project boundary. Pursuant to section 7050 of the Government Code, the lOD may be
accepted at any time by the city council ofthe city within which such real property is located at the
time of acceptance. Staff recommends acceptance of the lOD in that it provides required public right-
of-way for Camino Hills Drive.
Pursuant to Condition No. 44 of Planning Commission Resolution No. 6605, the property owner, has
executed a Street Tree Maintenance Agreement for Tabata 10 (Agreement). This Agreement
addresses the maintenance of street trees in the public right-of-way for Tabata 10 (Project). It is
anticipated that the obligation to maintain street trees will be transferred to the Homeowners
Association (HOA) for this project. This Agreement has been reviewed by Planning, Engineering,
Finance and the City Attorney's Office. Based on staff review, this agreement satisfies Condition No.
44 of Planning Commission Resolution No. 6605, therefore, staff recommends approval of this
agreement.
ENVIRONMENTAL IMPACT:
The acceptance of the IOD and approval ofthe Agreement are ministerial processes and are exempt
from the requirements of the California Environmental Quality Act (CEQA) pursuant to Carlsbad
Municipal Code Section 19.040.070 A.l.a. Both actions are considered post-approval submittals in
substantial conformance with the approval of Tabata 10.
DEPARTMENT CONTACT: Tecla Levy, 760-602-2733, Tecla.Levv@carlsbadca.ROV
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC • .
CONTINUED TO DATE UNKNOWN •
RETURNED TO STAFF •
OTHER-SEE MINUTES •
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FISCAL IMPACT:
The property owner paid a plan check fee to cover the expense processing the Camino Hills Drive
improvement plans for this project.
In lieu of the city performing maintenance of street trees, the HOA for this project may elect to
perform said maintenance and, provided street tree maintenance is performed pursuant to the terms
of this Agreement, the city will not perform street tree maintenance within Project limits. However,
the city will continue to assess Project street tree maintenance costs for city-wide street trees located
outside Project limits pursuant to the rights ofthe Lighting and Landscaping District #1.
EXHIBITS:
1. Resolution No. 2014-219 accepting an irrevocable offer of dedication document no. 84-
384022
2. Resolution No. 2014-220 approving the Street Tree Maintenance Agreement with Lennar, for
Tabata 10, Project No. CT 06-13
3. Location Map
4. Irrevocable Offer To Dedicate Real Property, document no. 84-384022
5. Street Tree Maintenance Agreement for Tabata 10, Project No. CT 06-13.
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EXHIBIT 1
RESOLUTION NO. 2014-219
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION
DOCUMENT NO. 84-384022, GENERALLY LOCATED AT 2311
CAMINO HILLS DRIVE.
WHEREAS, the tentative map of CT 06-13, Tabata 10, was approved by Planning
Commission on July 15, 2009; and
WHEREAS, the approval was conditioned to complete Camino Hills Drive
improvements along the project frontage; and
WHEREAS, A portion of the required Camino Hills Drive is located outside the
project boundary; and
WHEREAS, An irrevocable offer to dedicate real property document no. 84-
384022 (IOD) made pursuant to section 7050 of the Government Code provides adequate right-
of-way for that portion of Camino Hills Drive located outside the project boundary; and
WHEREAS, Pursuant to section 7050 of the Government Code, the IOD may be
accepted at any time by the city council of the city within which such real property is located at
the time of acceptance; and
WHEREAS, staff recommends acceptance of the IOD in that it provides the
required public right-of-way for Camino Hills Drive.
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 irrevocable offer to dedicate real property document no. 84-
384022, described in Exhibit 4, is accepted.
3. That the City Clerk is directed to record this resolution in the Office ofthe
County Recorder of San Diego County.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 9th day of September 2014, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Schumacher, Blackburn.
None.
ABSENT: None.
MA
ATTEST:
\J0
wk.\., Mayor
BARBARA ENGLESON, Cfty Clerk
1 RESOLUTION NO. 2014-220
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A STREET TREE MAINTENANCE
AGREEMENT WITH LENNAR HOMES OF CAUFORNIA, INC FOR
TABATA 10, PROJECT NO. 06-13, GENERALLY LOCATED
AT 2311 CAMINO HILLS DRIVE.
WHEREAS, the Property Owner, Lennar Homes of California, Inc. has executed a
Street Tree Maintenance Agreement for Tabata 10 (Agreement), and has submitted the
Agreement to the City of Carlsbad for approval; and
WHEREAS, the Property Owner has submitted this Agreement pursuant to
Condition No. 44 of Planning Commission Resolution No. 6605; and
WHEREAS, staff recommends approval of this Agreement in that it satisfies
Condition No. 44 of Planning Commission Resolution No. 6605.
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 Street Tree Maintenance Agreement for Tabata 10, Project No. CT 06-
13 between Lennar Homes of California, Inc., and the City of Carlsbad, which is attached hereto
and incorporated herein by reference, is hereby approved and the Mayor is authorized and
directed to execute said Agreement.
3. That the City Clerk is authorized to forward said Agreement to the Office of the
County Recorder for recordation.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 9th day of September 2014, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Schumacher, Blackburn.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
RFCO-""^ T'-"? REQUEST OFi
^ S/v i.^v liiLL INSUKANCE CO.
Jerk, Board of Supervisors
San Diego County Administration Center
1600 Pacific Highway
San Diego, Caiifornia 92101
RECORDED REQUEST OF
DEPT. GENERAL SERVICES
NO TRANSFER TAX DUE .
46'
84-384088„
cjrnci.'.L n-iZ.U-V.'o 1
0' SAN Dl:,:,': COUN! Y.CV i
iS3!i OCT 10 AH 10= 37
1 \ VERA
^SPACE ABOVE FOR RECORDEFI'S USE ONLY-
frrevocable Offer To Dedicate Rea/ Properfy NO FEE
Assessor's Parcel
No._ZL2iiM=2a_2L
CT 83-25 Project.
w. 0. M» Ty?4n8
Parcel Nn M.m^-k
Log No._,..q,^n-n—
YOUNG MEN'S CHRISTIAN ASSOCIATION OF SAN DIEGO COUNTY, formerly
YOUNG MEN'S CHRISTIAN ASSOCIATION
OF SAN DIEGO
AND SAN DIEGO COUNTY, a nonprofit corporation
hereinafter designated Grantor(X), represent that.^ ULlS-jthe ownerCW of the hereinafter described real
7:;Tn:;.\.rZr^^^ offer of Dedication of the. hereinafter des-
cribed real propeny for the following public purpose:
PUBLIC HIGHWAY
The real property referred to above is'situated In the unincorporated area of the County of San Diego, State of California,
and is noore particularly described as foHovw:
#
Parcel No. 84-0073-A (3-7-84) (LT:LT:r1f)
Those portions of Lot F in the Rancho Agua Hedionda in the County of San Diego,
state of California, according to Map thereof No. 823 filed in the Office of
the Recorder of said County November 16. 1896, included in that land described
in deeds to Young Men's Christian Association of San Diego and San Diego County
recorded December 31, 1971 and March 28, 1972. as File/Page Nos. 397790 and
73319, respectively, in said Recorder's Office, lying within a 60.00 foot wide _
strip of land, the sidelines of said strip lying 30.00 feet on each side of
the following described centerline:
46&
PHcelJo^84.0073-A (Cont.) ^ ^^^^ ^
Con^encing at the "-gJ.^'f^-J^I/recTrd?•:"orf^cl^;ence^ the North-
recorded March 21, 1974. ^easterly Hne of said Parcel i
;jSer2y.pr^^ * .o5%ert'to t'£lenterl1ne of E ^Ca.in Real.^^^^^^
line North 52 31 '7 W"^. ^^^^^ "ncave Southwesterly.^t ^
deed to ivor, 11. - c/ifimo in saio Kecoroei a rTcord-ed-Oece^ber f 1979 as File/Page Jo. ;?;^rt°er!; prolongation thereof
°^'^"i,^',r4l"'les't "9 0.90 feet to a point of f^f.^'^en^ter ln'e'of Slippery South *2''25'49 west. Southeasterly. In tne recorded
\ .0
\ *
\ ^
\ CO
5 ^\
-2-
- • I. •v... 469
: ^^ie Grantor hereby further offers to the County' ot San Diego the privilege and right to extend drainage structures
'«nd excavation and ennbanl<ment slopes beyond the limits of the herein described right-of-way where required for the
CtRsiruction and maintenance of said County Highway. RESERVING unto grantor of the above described parcel of
land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in
the written opinion of the County end/or District Engineer of Grantee, the necessity therefore is removed by substi-
tuting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said
Engineer(s). •
The Grantor hereby further offers to Grantee all trees, growths (growing or that may hereafter grow), and road building
materials within said right-of-way, including the right to .take water, together with the right to use the same In such
manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruc-
tion, improvement or maintenance of said highway.
The Grantor, for himself, his successors and assigns, hereby waives any claim for any snd all damages to Grantor's
remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, land-
scaping or maintenance of said highway,
o
.470,
OflSr oT Dedication is made purauant to Section 7060 of the Government Code of the State of Califomia and may
.xepted at any tinrta by the city council of the city within which such real property is located at tha time of accep-
tance or, if located in the unincorporattd territory, by the Board of Supen/isors of the County of S*n Diago.
This Offer of Dedication may be terminated and the right to accept such offer abandoned in the same manner as is
prescribed for tht vacation of streets or highways by Part 3 oTOivision 9 or Chapter 2 of Division 2 of Streets and
Highways Code of the State of California, whichever is applicable. Such termination and abandonment may be made
by rt>B city council of the eity within which iuch raal property it located, or if located in the unincorporated territory,
by the Board of Supervisors of the County of San Diego.
This Offer of Dedication shall be irrevocable and shall be binding on the Grantortj|_
administratore, successors and assigns.
.heirs, executors,
In Witness Whereof, the GrantorfX)— this_3rd_day of October.
has .cg^sed this Irrevocable Offer of Dedication to be executed
YOUNtS HEN'S r.HRTSTTAN a«!';nrTflTTnN OF
SAN DIEGO COUNTY
Secre STATE OF _
County of"
tary ^
ss
On this day of •. ' *19 . before me, the undersigned, a Notary Public
in and for said County and Statei personaTly appeared _• —, ^
known to me to be the ^ of the association that executea tne
within instrument and known to me to be the person who executed the within instrument on
behalf of said association, and acknowledged to me that such association executed the
within instrument pursuant to a Resolution of its Governing Board.
WITNESS my hand and Official Seal
Si9nature_
Name (Typed or Pnntea; , ^^^^^ ^^^^ ^^^^.^.^^ ^^^^^
Cffv on behalf of the Board of Supervisors of the County of San Oiego pursuant to authority confetr^ by
tion of said Board adopted on March 20, 1879, th« the County of San Diego consents to the making of the foregoing
lrr«vocable Offet and consents to recordation thereof by its duly authorized officer.
Oatedi___^LiU_L2i:Z .
FRANKC.DEMLING. Chief
Real Property Management Division
Departmant of General Services
CCSF, BS.32. im
.470.
^Km% Offir ot Dedication is made purauant to Section 7050 of the Govemment Code of the State of Califomia and may
Vbe-accepted at any time by tha city council of the city within which such real pfoperty it located at the tinte of aceep-
tance or, if located In the unincorporated territory, by the Board of Supervitora of the County of San Diego.
This Otfer of Dedication may be terminated and the right to accept such offer abandoned in the same manner as is
protcribwJ for the vacation of streets or highways by Part 3 oTOivlsion 9 or Chapter 2 of Oivition 2 of Streets and
Highways Code of the State of California, whichever is applicable. Such termination and abandonment may be made
by the city council of the city within which tuch real property is located, or if located in the unincorporated territory,
by the Board cf Superviaora of the County of San Diego.
This Offer of Dedication shall be irrevocable and shall be binding on the GrantortuJ.
, administratore, successon and assigns.
-iis-.hein, executors.
In Witness Whereof, the Grantpr(X)_
this__3rd_day of October,
has -91^: sed this Irreyocable Offer of Dedication to be executed
vniiNR HFN'S rHRT«:TTflN A«!«;nrTATTnN nr
SAN DIEGO COUNTY
STATE OF CALIFORNIA
COUNTY OF S^AJ D/f=/'„h
On this
batorj
. day ol. in Ihe year igJci^,
mo, ine undersignod, a Notary PuOlic in and tor said Stato, personally appeared
thel
SMlMaoooiMtv
, personally known to me
(or proved to me on the basis ol satisfactory evidence) to be the persons whs executed tne
within Instrument as President and Secretary, respectively, ol the Corporation therein named,
and acKnowledged to me that the Corporation execuled il pursuant to its by-laws or a resolu-
tion ot Its board ol directors.
WITNESS my hand and olliciai seal
KnmniKuw-C" UK-mam ittCA-M. > n
« IMIWOIMIIS, INC. Notary Public in and lor said State.
tion of'said ioard adopttd'on 'warch '20, 1979, that the County of San Diego consents to the making of the foregoing
Irrevocable Offet and consents to recordation thereof by its duly authorized officer.
Dated. gV.4 •i<^.i;H
•^a.^tJ^ ..
FRANK C. DEMUING. ChicJ
Real Property Management Division
Departmant of General Services
CCSf, «6.J2, im
RECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
WHEN RECORDED MAILTO:
CITY OF CARLSBAD
Attn: City Clerk
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
ASSESSOR'S PARCEL
NO.
PROJECT ID
PROJECT NAME
RELATED PROJECT ID
212-050-32, 212-050-33
CT 06-13
Tabata 10
STREET TREE MAINTENANCE AGREEMENT
This Agreement is made by and between Lennar Homes of California, Inc., a California
corporation ("Owner") and the City of Carlsbad, a municipal corporation ("City"), (collectively,
"Parties").
Recitals
WHEREAS, Owner owns certain real property in the City of Carlsbad, County of San
Diego, and State of California more properly described in "Exhibit A", attached hereto and
incorporated herein ("Property"); and,
WHEREAS, Owner seeks to record a final map(s) to develop Property in accordance
with Tentative Map No. CT 06-13, Tabata 10 ("Project"); and,
WHEREAS, in consideration of the Project conditions-of-approval. Owner is required to
install trees within the parkways ("Street Trees"), where parkways are defined as the areas
along the sides of streets within the public street right-of-way between the back of the curb and
the right-of-way line; and,
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WHEREAS, Owner seeks to satisfy condition 44 of PC Resolution 6605, to ensure
ongoing maintenance is performed on Street Trees; and,
WHEREAS, the Project is located within Street Lighting and Landscaping District #1
(District). District is a financing mechanism to fund the maintenance and replacement of certain
improvements within the right-of-way including public street lights, arterial median landscaping &
irrigation, and Street Trees; and,
WHEREAS, In lieu of District performing maintenance of Street Trees, Owner may elect
to perform said maintenance and, provided Street Tree maintenance is performed pursuant to
the terms of this Agreement, District will not perform Street Tree maintenance within Project
limits. However, District will continue to assess Property Street Tree maintenance costs for city-
wide trees located outside Property and Street Trees limits pursuant to the rights of the District.
NOW, THEREFORE, in consideration ofthe mutual covenants herein, the Parties agree
as set forth below.
1. Street Trees. Owner has prepared construction plans to install Street Trees in
accordance with the Project conditions-of-approval. City of Carlsbad's Community Forest
Management Plan, Landscape Manual, Municipal Code, Council Policy on Street Trees, and
City Standards, all as shown on the approved landscape and irrigation plan(s), DWG 472-7L,
(collectively "Landscape Plans") on file with the City. In addition to installing Street Trees, the
Landscape Plans described herein detail construction of other items not covered by this
Agreement. The term Street Trees, for the purposes of this Agreement, shall not include other
items. Other items include, but are not limited to turf, shrubbery, groundcover, irrigation, and
hardscape ("Other Items"). However, nothing in this Agreement shall preclude Owner or the
Association referred to in Paragraph 12 below from maintaining the other items.
2. Street Tree Maintenance. Upon construction of Project improvements and City
release of security of Project improvements. Owner agrees, at its sole cost and expense, to
maintain, repair, and replace, the Street Trees described herein. The locations of Street Trees
covered by this Agreement are described in "Exhibit B", attached hereto. The maintenance
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obligations are described as:
a. Owner shall perform all necessary maintenance on Street Trees including but not
limited to trimming, pruning, staking, root barriers, and street tree replacement, all in
accordance with the City of Carlsbad's Community Forest Management Plan, Landscape
Manual, Municipal Code, Council Policy on Street Trees, and City Standards to ensure Street
Trees are maintained in a healthy condition. Owner shall install only those species of street
trees as approved by the City. Owner is responsible to maintain street trees in locations as
shown on the approved Landscape Plan. Owner shall not remove or relocate street trees to
alternate locations without written prior approval from the City. Owner shall perform
maintenance to prevent and, if necessary, address any immediate health and safety concerns
including but not limited to fallen Street Trees, overgrowth into vehicular or pedestrian travel
way, root damage to sidewalks, and visual impairments related to traffic movements. All
maintenance activities in this paragraph are described as "Street Tree Maintenance",
hereinafter.
Unless othenwise approved by the City, all Street Trees removed due to death shall be replaced
by the Owner with a Street Tree of the same species as the one removed, and within the same
vicinity as the one removed. The replacement Street Tree shall be of a minimum 15-gallon
container size, and shall be installed by the Owner no later than 45 days from the date the prior
Street Tree was removed.
3. Parkway Irrigation. Owner, at its sole cost and expense, shall provide for all
ongoing irrigation required to ensure adequate growth and, once established, to maintain the
Street Trees covered by this Agreement. Owner is responsible to maintain all Irrigation
Improvements as shown on the Landscape Plan (Irrigation Improvements). Owner shall
perform necessary inspections of irrigations systems and controllers to make adjustments of
seasonal water demands and irrigation heads to provide the necessary water for Street Trees.
4. Successors and Assigns. This Agreement shall be binding and inure to the benefit
of the parties hereto and their respective legal representatives, successors, and assigns.
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Owner agrees to incorporate this Agreement by reference in any subsequent deeds to the
property, but any failure to do so does not invalidate this provision.
5. Permits Required. Owner shall obtain all necessary permits required to perform
Street Tree Maintenance in City right-of-way.
6. indemnity. Owner shall defend, indemnify and hold harmless the City, its officers,
employees and agents from any actions, suits, claims, damages to persons or property, costs
including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss that
may be asserted or claimed by any persons, firm, or entity arising from the Owner performing
Street Tree Maintenance, or lack thereof, described herein.
7. Responsibility of Plans. Approval of the Landscape Plans by the City shall not
constitute an assumption by the City of any responsibility for such damage, costs, etc. City shall
not be an insurer or surety for the design, construction or maintenance of the Street Trees
pursuant to the Landscape Plans, nor shall any officer or employee thereof be liable or
responsible for any accident, loss or damage happening or occurring while performing Street
Tree Maintenance as specified in this Agreement.
8. Notices. Any notice which is required or may be given pursuant to this Agreement
shall be sent in writing by United States mail, first class, postage pre-paid, registered or certified
with return receipt requested, or by other comparable commercial means and addressed as
follows:
If to the City: If to the Owner:
City of Carlsbad, City Engineer Lennar Homes of California, Inc.,
1635 Faraday Avenue 25 Enterprise, Ste. 300,
Carlsbad CA 92008 Aliso Viejo, CA 92656
which addresses may be changed from time to time by providing notice to the other party in the
manner described above.
9. Lien Capability. Subsequent to Owner notice, and lack of action to remedy the
breach of terms of this Agreement, the City may have the right, but the not the obligation to
perform certain Street Tree Maintenance to address issues that may involve public safety and
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the welfare of the public ("Public Safety Street Tree Maintenance"). The City may elect, at its
own discretion, to bill to Owner the costs the City incurred to perform Public Safety Street Tree
Maintenance covered by this Agreement ("Invoice"). The Owner shall pay the full amount
invoice amount within 60-days of the date of Invoice. If after 60-days of non-payment of said
Invoice, the amount listed on the Invoice shall constitute a lien on the Owner's Property subject
to enforcement and foreclosure in accordance with California State law. However, the lien rights
set forth in the declaration of restrictions required pursuant to Condition(s) 19d of City Planning
Commission Resolution No. 6605, shall apply instead of the lien rights set forth in this
Paragraph with respect to those portions of the Property that become annexed to the
declaration of restrictions.
10. District. Pursuant to the conditions of approval. Project will be annexed into the
District to cover the maintenance of certain improvements within City right-of-way. In lieu of
District performing maintenance of Street Trees, Owner may elect to perform said maintenance
and, provided Street Tree maintenance is performed pursuant to the terms of this Agreement,
District will not perform Street Tree maintenance within Project limits. However, District will
continue to assess Property Owners maintenance costs for city-wide street trees.
11. Failure to Maintain. In the event that the Owner fails, at any time to perform Street
Tree Maintenance, the failure may be considered a breach of terms of this Agreement. The City
is the sole arbiter to evaluate the Owner performance of Street Tree Maintenance. The City
may elect, in the public's interest that the District take over Street Tree Maintenance. Upon the
City's determination, the City shall provide one (1) written notice to inform Owner that the
District intends take over Street Tree Maintenance covered by this Agreement. Within 90-days
after receipt of said notice, the District will take over responsibility of Street Tree Maintenance
and all property owners within the Project will, hereinafter, become annually assessed the
current assessment rate most recently approved by City Council, consistent with the District
requirements. The District, by assuming Street Tree Maintenance, shall not assume any
obligation to maintain Other Items or Irrigation Improvements. Owner is responsible to maintain
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Irrigation Improvements and provide for ongoing irrigation necessary to maintain all landscaping
in the Parkway, including but not limited to Street Trees as described above.
12. Homeowners Association. Owner represents to City that it intends to, and has the
authority to, unilaterally transfer said Street Tree Maintenance to a Homeowners Association, as
defined in Civil Code Section 1351(a) ("Association"), for the Project and that such transfer has
been provided for in the Declaration, and that such document(s) include the Street Tree
Maintenance provisions described herein. Upon or prior to transfer of obligations under this
Agreement to an Association for a portion of the Property, that portion of the Property shall be
annexed to the declaration of restrictions required pursuant to Condition(s) 19d of City Planning
Commission Resolution(s) No. 6605 which shall include provisions to collect adequate funds to
perform Street Tree Maintenance covered by this Agreement. Transfer to an Association shall
not reduce, limit, or modify the obligations and terms set forth in this Agreement. Nothing in this
Agreement is intended to prevent the transfer to the Association of any obligations under this
Agreement
13. Capacity. Each party represents that the person(s) executing this Agreement on
behalf of such party have the authority to execute this Agreement and by such signature(s)
thereby bind such party.
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IN WITNESS WHEREOF, the undersigned has executed this instrument this _J2_
day of _ h.xr^LA'A 20±L-
OWNER
Lennar Homes of California, a California
corporation
CITY OF CARLSBAD
a Municipal Corporation of the State
of California
Here)
aayoun
By:
MM'Hall,''Mayor
me Here)
nnar Homes of ATTEST:
By:
(Sign Here)
Jonathan Jaffe
e^arbara Enldleson, City Jcierk
(Print Name Here)
Chief Operating Officer, Lennar Homes
of California
(Print title)
APPROVED AS TO FORM:
CELIA A. BREWER
City Attorney
By:
(Proper notarial acknowledgment of execution by OWNER must be attached)
(Chairman of the Board, President, or any Vice-President and secretary, any assistant
secretary the Chief Financial Officer, or any assistant treasurer must sign for corporations. If
only one'officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Califomia
County Of S^H '^egO
On C^r^ iD.qjhia before me, ^0^^-^ fvU . XlCjfam TUJOUT. ,
^IXA^A ^ (Here inseiWune and title ofthe offic^ti)
personally appeared _ KA/xU^ fell ^ '
who proved to me on the basis of satisfactory evidence to be the persoril^ whose name(&) is/afe subscribed to
the within instrument and acknowledged to me that he/she/feey executed the same in his/hor/tbeir authorized
capacity(ies), and that by his/her«r signature(s-) on the instrument the personC*), or the entity upon behalf of
which the person(-:?) acted, executed the instrument.
I certify under PENALTY OF PERJURY under
is true and correct.
WITNESS my hand and official seal
the laws ofthe State of California that the foregoing paragraph
Signatui ire of Notary Public \j \ /
(Notary Seal)
MORGENFRY
"Commission* 1918442
Notary Public - California
San Oiego County |
My Comm. Expires Dec 24.20141
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document) ^
(Title or description of attached document continued)
Nmnber of Pages Document Date_
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
• Individual (s)
• Corporate Officer
(Title)
• Partner(s)
• Attorney-in-Fact
• Trustee(s)
• Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any adatowledgment completed in Califomia must contain verbiage exactly as
appears above in tiie notary section or a separate aclmowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
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. State and County informafion must be the State and County where the document
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must also be the same date the acknowledgment is completed.
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the county clerk.
• Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
• Indicate title or type of attached document, number of pages and date.
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corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
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2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com
ACKNOWLEDGMENT
State of California
County of Orange
On Augusts, 2014 before me, JoUe Lannon-Berry, Notary Public
(insert name and title of the officer)
personally appeared John Baayoun and Jon Jaffe ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s);f/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
hts/her/their authorized capacity(ies), and that by his/hef/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. li^^^^ Commission # 1965722
Notary Public - California 1
JOLIE LANNON-BERRY |
Orange County
My Comm. Expires Jan 6, 2016 L www V m 9 mm vw^^^^^f^/^
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of Caiifomia, described as
follows:
PARCEL A:
PARCEL 2 OF PARCEL MAP NO. 2481, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, RLED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MARCH 21, 1974 AS INSTRUMENT NO. 74-071006 OF dFRCIAL RECORDS.
PARCEL Al:
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD PURPOSES,
TOGETHER WITH THE RIGHT TO CONVEY THE SAME TO OTHERS, OVER, ALONG AND ACROSS
A STRIP OF LAND 40.00 FEET IN WIDTH LYING WITHIN LOT^F" OF RANCHO AGUA HEDIONDA,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TG MAP THEREOF NO.
823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER
16, 1895, IN THE CENTER LINE OF SAID 40.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING AT POINT 1 OF SAID LOT "F" AS SHOWN ON SAID MAP NO. 823, THENCE SOUTH
25°01'05" EAST (RECORD - SOUTH 24°45'00" EAST) A DISTANCE OF 229.00 FEET TO A POINT
WHICH IS DESIGNATED ON SAID MAP NO. 823 AS POINT 23 OF SAID LOT "F" WHICH POINT IS
THE MOST NORTHERLY CORNER OF lAHD DESCRIBED IN DEED FROM OHARLES KELLY AND
LAVINIA I. KELLY TO ELMER L CARPENTER RECORDED JUNE 1, 1937 IN BOOK 662, PAGE 75,
AS INSTRUMENT NO. 26791 OF OFFICIAL RECORDS, SAID CARPENTER'S LAND BEING NOW THE
PROPERTY OR ROBERT E. HICKS AND INIS M. HICKS, HUSBAND AND WIFE BY DEED TO THEM
RECORDED JULY 22, 1948 AS INSTRUMENT NO, 24654 (TORRENS), FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, THENCE ALONG THE WESTERLY AND
NORTHWESTERLY BOUNDARY LINES OF SAID CARPENTER'S (HICKS') LAND AS FOLLOWS:
SOUTH 11°51' 12" WEST, 315.50 FEET TO AN ANGLE POINT; AND SOUTH 42°55'37'' WEST,
374.50 FEET TO THE MOST WESTERLY CORNER OF SAID LAND; THENCE ALONG THE
SOUTHERLY BOUNDARY OF SAID HICKS' PROPERTY, SOUTH 54°10'08" EAST A DISTANCE OF
2.14 FEET TO THE CENTER LINE OF THE WATER LINE EASEMENT GRANTED TO CARLSBAD
MUNiaPAL WATER DISTRICT BY DEED RECORDED JULY 2, 1962 AS INSTRUMENT NO. 111781
OF OFRCIAL RECORDS AND KNOWN AS UNE '"D" OF THE C.M.W.D; THENCE ON AND ALONG
THE CENTER LINE OF SAID LINE "D" OF THE C.M.W.D AND ON AND ALONG THE
NORTHWESTERLY BOUNDARY LINES OF LANDS DESCRIBED AS PARCELS it AND 2 IN DEED TO
JOHN ALLEN ASSOCIATES, A LIMITED PARTNERSHIP, RECORDED DECEMBER 31, 1969 AS
INSTRUMENT NO. 236220 OF OFFICIAL RECORDS SOUTH 42°38'52" WEST (C.M.W.D DEED
SOUTH 42°23'32" WEST, AND JOHN ALLEN ASSOCIATES DEED - SOUTH 42°24'42" WEST), A
DISTANCE OF 938.72 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 600.00 FEET, THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE, 259.80 FEET TO A POINT IN SAID CURVE, THENCE TANGENT TO SAID
CURVE, SOUTH 16°38'52" WEST, 386.15 FEET TO THE SOUTHWESTERLY CORNER OF IAND
DESCRIBED IN DEED TO JAMES A. DYE AND MARILYNN E. DYE, HUSBAND AND WIFE,
RECORDED DECEMBER 31, 1959 AS INSTRUMENT NO. 236219 OF OFRCIAL RECORDS; THENCE
ON AND ALONG THE SOUTHWESTERLY BOUNDARY LINE OF SAID DYE PROPERTY AND
CONTINUING ON THE SAME LINE ALONG THE SOUTHWESTERLY BOUNDARY LINE OF U^ND
ALLOTTED TO BARBARA J. HIGDON AND DESCRIBED AS PARCEL 2 IN DECREE OF PARTmON,
SAN DIEGO COUNTY SUPERIOR COURT, CASE NO. 263205, A COPY OF WHICH WAS RECORDED
MARCH 24, 1965 AS INSTRUMENT NO. 52516 OF OFFICIAL RECORDS, AND CONTINUING ON
THE SAME UNE ALONG THE SOUTHWESTERLY BOUNDARY UNE OF PARCEL 2 OFTHE
AFOREMENTIONED DEED TO JOHN ALLEN ASSOQATES RECORDED DECEMBER 31, 1969 AS
INSTRUMENT NO. 236220 OF OFRCIAL RECORDS, SOUTH 52°3271'' EASU A TOTAL DISTANCE
ALONG SAID UNE OF 1214.59 FEET, TO THE MOST SOUTHERLY CORNER OF SAID PARCEL 2 OF
JOHN ALLEN ASSOCIATES' LAND, WHICH CORNER IS THE MOST SOUTHERLY TERMINUS OF
Page I Cf 3
Rev. NAT 8/20/13 Q^^^^ 92070-1249700-13
THE CENTER UNE OF THE EASEMENT AND RIGHT OF WAY DESCRIBED HEREBY, EXCEPTING
FROM SAID EASEMENT AND RIGHT OF WAY, ABOVE DESCRIBED, THAT PORTION WFTHIN
PARCEL A HEREIN ABOVE DESCRIBED.
PARCEL B:
PARCELl OF PARCEL MAP NO. 2481, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO
STATE OF CAUFORNIA, AS SHOWN ON PAGE 2481 OF PARCEL MAPS, RLED IN THE OFRCE OF
THE COUNTY RECORUJER OF SAN DIEGO COUNTY, MARCH 21, 1974 AS INSTRUMENT NO. 74-
071006 OF OFRCIAL RECORDS.
PARCEL Bl:
AN EASEMENT mO RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD PURPOSES,
TOGETHER WITH THE RIGHT TO CONVEY THE SAME TO OTHERS, OVER ALONG AND ACROSS A
STRIP OF LAND 40.00 FEET IN WIDTH LYING WITTIIN LOT"F' OF RANCHO AGUA HEDIONDA,
IN THE COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING Tb MAP THEREOF NO.
823, RLED IN THE OFRCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER
16, 1896, THE CENTER UNE OF SAID 40.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING AT POINT 1 OF SAID LOT "F" AS SHOWN ON SAID MAP NO. 823, THENCE SOUTH
25°01'05" EAST (RECORD - SOUTH 24°45'00" EAST), A DISTANCE OF 229.00 FEET TO A POINT
WHICH IS DESIGNATED ON SAID MAP NO. 823 AS POINT 23 6F SAID LOT "F" WHICH POINT IS
THE MOST NORTHERLY CORNER OF LAND DESCRIBED IN DEED FROM CHARLES KELLY AND
LAVINIA I. KELLEY TO ELMER L. CARPENTER, RECORDED JUNE 1, 1937 IN BOOK 662, PAGE 75
AS INSmUMENT NO. 26781 OF OFRCIAL RECORDS, SAID CARPENTCR'S LAND BEING NOW THE
PROPERTY OF ROBERT E. HICKS AND INIS M. HICKS, HUSBAND AND WIFE, BY DEED TO THEM
RECORDED JULY 22, 1948 AS INSTRUMENT NO. 24654 (TORRENS), RLED IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG tHE WESTERLY AND
NORTHWESTERLY BOUNDARY UNES OF SAID CARPENTERS' (HICKS') LAND AS FOLLOWS:
SOUTH 11°51'12''WEST 315.60 FEET TO AN ANGLE POINT, AND SOUTHi42°55'37" WEST
374.50 FEET TO THE MOST WESTERLY CORNER OF SAID LAND; THENCE ALONG THE
SOUTHERLY BOUNDARY OF SAID HICKS' PROPERTY, SOUTH 54°10'08" EAST A DISTANCE OF
2.14 FEET TO THE CENTER UNE OF THE WATER UNE EASEMENT GRANTED TO CARLSBAD
MUNiaPAL WATER DISTRICT BY DEED RECORDED JULY 2, 1962 AS IN^UMENT NO. 111781
OF OFRCIAL RECORDS AND KNOWN AS UNE "D" OF THE C.M.W.D. THENCE ON AND ALONG
THE CENTER UNE OF SAID UNE "D" OF THE C.M.W.D. AND ON AND ALONG THE
NORTHWESTERLY BOUNDARY UNES OF UND DESCRIBED AS PARCELS 1 AND 2 IN DEED TO
JOHN ALLEN ASSOCIATES, A UMFTED PARTNERSHIP, RECORDED DECEMBER 31, 1969 AS
INSTRUMENT NO. 236220 OF OFFICIAL RECORDS, SOUTH 42*38'52" WBT, (C.M.W.F - DEED -
SOUTH 42°23'32'' WEST AND JOHN ALLEN ASSOCIATES DEED - SOUTH 42° 24' 42" WEST), A
DISTANCE OF 938.72 FEET TO THE BEGINNING OF A TANGENT OJRVE ciONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 600.00 FEET; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE, 269.80 FEET TO A POINT IN SAID CURVE; THENCE TANGENT TO SAID
CURVE SOUTH 16<'38'52" WEST, 386.15 FEET TO THE SOUTHWESTERLY CORNER OF LAND
DESCRIBED IN DEED TO JAMES A. DYE AND MARILYN E. DYE, HUSBAND AND WIFE, RECORDED
DECEMBER 31, 1969 AS INSTRUMENT NO. 236219 OF OFRCIAL RECORDS; THENCE ON AND
ALONG THE SOUTHWESTERLY BOUNDARY UNE OF SAID DYE PROPERTY AND CONHNUING ON
THE SAME UNE ALONG THE SOUTHWESTERLY BOUNDARY UNE OF LAND ALLOTTED TO
BARBARA J. HIGDON AND DESCRIBED AS PARCEL 2, IN DECREE OF PARTTnON, SAN DIEGO
COUNTY SUPERIOR COURT, CASE NO. 263205, A COPY OF WHICH WAS RECORDED MARCH 24,
1955 AS INSTRUMENT NO. 52516 OF OFRCIAL RECORDS, AND CONTINUING ON THE SAME
UNE ALONG THE SOUTHWESTERLY BOUNDARY UNE OF PARCEL 2 OF TlllE AFOREMENTIONED
DEED TO JOHN ALLEN ASSOCIATES, RECORDED DECEMBER 31, 1969 AS INSTRUMENT NO.
236220 OF OFRCIAL RECORDS, SOUTH 52°3221", A TOTAL DISTANCE ALONG SAID UNE OF
1214.69 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL 2 OF JOHN ALLEN
ASSOCIATES WND, WHICH CORNER IS THE MOST SOUTHERLY TERMINUS OF THE CENTER
UNE OF THE EASEMENT AND RIGHT OF WAY DESCRIBED HEREBY.
Page Zof3
Rev, NAT 8/20/13 Order No. 92070-1249700-13
EXCEPTING FROM SAID EASEMENT AND RIGHT OF WAY, ABOVE DESCRIBED, THAT PORTION
THEREOF LYING WITHIN PARCEL B HEREIN ABOVE DESCRIBED.
APN: 212-050-32-00 and 212-050-33-00
Page 3 c>f ^
Rev. NAT 8/20/13 0^^^^ 92070-1249700-13
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