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Home My WebLink About; Carltas Corporation; | 76-059758| 1993-0286978| 88-672971| 1991-0514607| 1993-0243908| 1996-0141300| 1996-0107755| 1996-0450382|; Land Conservation- ‘I P . 2c tt 1996-0450382 0%SEP-1996 10:48 AH OFFICIAL RECORDS $5.7 5 SAN DIEGO COUNTY RECORDER’S OFFICE GREGORY SHITH t COUNTY RECORDER ;;; 13.00 FEES: 31.00 17.00 HF: 1.00 Space above this line for Recorder’s use RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 > City Clerk > CITY OF CARLSBAD 1 1200 Carlsbad Village Drive 1 Carlsbad, CA 92008 )/ ;-, rid- Parcel No. 2 l l-022- 15 (portion) & 21 l-023-09 (uortionl Cancellation Area - A (Specialty Retail) & C (LEG0 Drive) CERTIFICATE OF FINAL PARTIAL CANCELLATION PURSUANT TO CALIFORNIA LAND CONSERVATION ACT OF 1965 Pursuant to the California Land Conservation Act of 1965, the City Council of the City of Carlsbad (the “City”), does hereby give notice of final partial cancellation for Area “A”, Specialty Retail Cancellation Area and Area “C”, LEG0 Drive Cancellation Area of the following described contract and certifies: 1. On February 10, 1976, the then current landowner and the City entered into that certain Land Conservation Contract 76-l under the California Land Conservation Act of 1965, recorded on March 1, 1976, as Document Number 76-059758 in the Office of the San Diego County Recorder (the “Contract”). 2. The land subject to the Contract is described in Exhibit “A” attached hereto and incorporated herein by this reference (the “Contract Land”). 3. Carltas Company, a California limited partnership; CB Ranch Enterprises, a California corporation; Carlsbad Ranch Company L.P., a California limited partnership; and Carlsbad Estate Holding, Inc., a California corporation, the current owners of a portion of the Contract Land which is depicted in Exhibit “B” attached hereto and incorporated herein by this reference (the “Carlsbad Ranch Cancellation Land”). -l- , 4. ,’ W76 The Specialty Retail (Area “A”) and LEG0 Drive (Area “C”) Cancellation Land, along with certain other land, is the subject of the tentative partial cancellation adopted on January 9, 1996, by the City Council of the City of Carlsbad (the “Council”) Resolution No. 96- 2, and evidenced by that certain Certificate of Tentative Partial Cancellation recorded with the San Diego County Recorder as Document Number 1996-0107755 on March 5, 1996 (the “Certificate of Tentative Cancellation”). The tentative cancellation was subject to certain conditions set forth therein (the “Conditions”). 5. The conditions, with respect to the Specialty Retail (Area “A”) and LEG0 Drive (Area “C”) Cancdlation Land, as set forth in Council Resolution 96-2 and Section 5 of the Certificate of Tentative Partial Cancellation have been satisfied, as follows: 5.1. Payment of the Cancellation Fee. A cancellation fee in the amount of $376,618.00 for the Specialty Retail and LEG0 Drive Cancellation Land, as calculated by the City and certified to the County Auditor, has been paid by the landowner to the San Diego County Treasurer in August 16, 1996. 5.2 Permits Necessarv to Commence the Proiect. All permits necessary to commence the project have been issued. The permits necessary to commence the project pursuant to California Government Code Section 51283.4, as determined by the City, are as follows: 0 A Final Map from the City. The Final Map was approved by the City Council on August 13,1996. ii) A Coastal Development Permit from the California Coastal Commission for the Final Map and Grading Permit. A Coastal Development Permit was issued by the California Coastal Commission in August 1996. -2- - ‘\ ,- 1577 5.3 Dedication of Proper&. The landowner has dedicated to the City all property within the Specialty Retail and LEG0 Drive Cancellation Areas, required to be dedicated to public ownership under the conditions of (i) Specific Plan 207(A), which Specific Plan was adopted by the City on January 9, 1996, by City Ordinance No. NS-344 (the “Specific Plan”) and (ii) the Master Tentative Map for Car&bad Ranch (CT 94-09). Such Irrevocable Offer of Dedication from the landowner to the City of Carlsbad was made on the Final Map for Unit I of CT 94-09. 5.4 Environmental Imnact Report and Statement of Overriding Considerations and Mitigation Monitoring Program. The landowner has complied with all applicable mitigation measures identified in the Carlsbad Ranch Specific Plan Amendment Final Program Environmental Impact Report (EIR 94-01). 6. The Conditions of Section 5 of the Certificate of Tentative Partial Cancellation for the Specialty Retail (Area “A”) and LEG0 Drive (Area “C”) Cancellation Areas depicted on Exhibit “C” and more particularly described on Exhibit “D-l” and “D-2” (Legal Description) have been satisfied, and this certificate constitutes a Certificate of Final Partial 1 and LEG0 Drive Cancellation Land. August 20, 1996 Date ATTEST: ALETMA L. RAUTENKRANZ, City Clerk) wfw -3- :* ; - --mm -. AGUA &iLDIgNQA LAGOOJf EXHIBIT “A” 1578 \ \ 1. r( PILOUAR rrRrOnT noA0 - VP’ : CARLSBAD RANCH: WILLIAMSON ACT LANDS Non-Williamson Act Lands 121.94 Williamson Act Lands Remaining Under Conaact 146.35 Williamson Act Lands to be Removed !kom Contract 179.1 I EXHIBIT “B” . APN 211-023-01 ~~1 .‘... :f:: ..w , ..... ......... rmmw AIRPORT ROAD WILLIAMSON ACT IANOS TO BE REMOVED FROM EXISTING PARCELS ASSESSOR'S PARCEL NUMBER AREA (Acres) 21 l-022-14 211-022-15 IEi 211-022-16 97:92 21 l-023-08 21 l-023-09 t-23: . Date: 08/01/96 Time: 15: PC #l FiLE=F:\JOE?S\69lOl4\LGOEXWM.DWG c- ,‘. * 4. I ’ --._ . ..\ AC3 .Sc=:1~CA XGtPOr \ \ . . 1 ‘-1 _’ \ \ ‘\ ., \ --’ I EXHIBIT “C” 1580 CARLSBAD RANCH: CANCELLATION AREAS A. Specialty Retail Cancellation Area - 15.95 Acres B. Research and Development/Office Cancellation Area - 20.87 Acres C. LEG0 Drive CanceIlation Area - 1.08 Acres D. LEGOLAND Cancellation Area - 93.35 Acres E. Resort Canceflation Area - 47.86 Acres EXHIBIT “D-l” That portion of Lot 2 of Carlsbad Tract No. 92-07 as per Map No. 13078 in the City of Carlsbad, County of San Diego, State of California, filed December 28, 1993, described as follows : Beginning at the Southwesterly terminus of the course shown as “N 36’53’12” E (R) 436.45”’ along the boundary of said lot; thence along the boundary of said lot, the following courses: North 36”53’12” East 436.44 feet, North 22”29’26” West 914.65 feet to a point on a non-tangent curve concave Northwesterly having a radius of 336.00 feet, a radial line to said point bears South 24”41’41” East and Northeasterly, Northerly and Northwesterly 514.86 feet along said curve through a central angle of 87’47’41”; thence leaving said boundary, non-tangent from said curve, South 25°53’OO” East 336.14 feet; thence South 22”29’26” East 1600.18 feet; thence South 48”00”34” West 247.40 feet radially to a point on said boundary, said point being on a non-tangent curve concave Southwesterly having a radius of 643.00 feet; thence along said I boundary, the following courses: Northwesterly 402.30 feet along said curve through a central angle of 35”50’53”, tangent from said curve, North 77’50’19” West 99.93 feet and Northwesterly 240.37 feet along a tangent curve concave Northeasterly having a radius of 557.00 feet through a central angle of 24’43’31” to the Point of Beginning. This legal description is not to be used for any purpose that would violate the Subdivision Map Act. Tom R. McGannon, R.C.E. 23956 Registration Expires: December 3 1, 1997 July 25, 1996 Page 1 of 1 W.O. 1774-2X H&A Legal No. 4099 Prepared By: H. Foss Ck’d By: B. Etemadi/fh 1.532 EXHIBIT “D-2” Those portions of Lots 7 and 8 of Carlsbad Tract No. 92-07 as per Map No. 13078 in the City . of Carlsbad, County of San Diego, State of California, filed December 28, 1993, described as follows: Beginning at a point on the Westerly line of said Lot 8, distant North 5’06’54” East 1.81 feet from the Southerly terminus of the course shown as “N 5’06’44” E 190.00”’ on said map, said point being on a tangent curve concave Easterly having a radius of 626.00 feet; thence leaving said Westerly line, Southerly 496.89 feet along said curve through a central angle 45’28’42”; thence tangent from said curve, South 4OO21’48” East 387.70 feet; thence South 47”13’35” West 70.97 feet radially to a point on a non-tangent curve concave Southwesterly having a radius of 696.00 feet; thence Northwesterly 298.88 feet along said curve through a central angle of 24’36’15” to the beginning of a tangent compound curve concave Southerly having a radius of 90.00 feet; thence Westerly 119.86 feet along said curve through a central angle of 76’18’27”; thence tangent from said curve, South 36’18’53” West 21.92 feet; thence South 36’23’30” West 94.59 feet to a point on a non-tangent curve concave Westerly having a radius of 716.00 feet and a point on the Westerly boundary of said Lot 7, a radial line to said point bears South 58OO8’19” East; thence Northerly 523.09 feet along said curve through a central angle of 41’5 1’31” and said Westerly boundary; thence tangent from said curve, North 9’59’50” West 94.40 feet along said boundary to the beginning of a tangent curve concave Easterly having a radius of 615.00 feet; thence Northerly 162.21 feet along said curve through a central angle of 15”06’44” and said boundary; thence tangent from said curve, North 5”06’54: East 1.81 feet along said boundary to the Point of Beginning. July 29, 1996 Page 1 of 2 W.O. 1774-2X H&A Legal No. 4100 Prepared By: H. Foss Ck’d By: B. Etemadi/fh ‘. - . m3 , This legal description is not to be used for any purpose that would violate the Subdivisiqn Map Act. Tom R. McGannon, R.C.E. 23956 Registration Expires: December 3 1, 1997 July 29, 1996 Page 2 of 2 W.O. 1774-2X H&A Legal No. 4100 Prepared By: H. Foss Ck’d By: B. Etemadi/fh . ’ / e 4 D ‘. . 4oc # 199~-~10775~ %zwwm-lPP6 tm52cAM OFFICM. RECORDS RECORDING REQUESTED BY AND ) ~~~ NEGD COUIlTY RECORDER’S OFFICE WHEN RECORDED MAIL TO: ; 779 GREG!33 “y;Ti$ COUNTY RELORDER ;;; 19: o”o FEES: 34. OG City Clerk 1 IIF: 1.00 CITY OF CARLSBAD 1200 Carlsbad Village Drive i Carlsbad, CA 92008 1 ) Space above this line for Recorder’s use Parcel No. 211-022-05. 06, 21 l-023-02, 05, 06 CERTIFICATE OF TENTATIVE PARTIAL CANCELLATION PURSUANT TO CALIFORNIA LAND CONSERVATION ACT OF 1965 ~ Pursuant to the California Land Conservation Act of 1965, the City of Carlsbad (the “City”), does hereby give notice of tentative partial cancellation of the following described contract and certifies: 1. On February 10, 1976, the then current landowner and the City entered into that certain Land Conservation Contract 76-1 under the California Land Conservation Act of 1965, recorded on March 1, 1976, as Document Number 76-059758 in the Office of the San Diego County Recorder (the “Contract”). 2. The land subject to the Contract is described in Exhibit “A” attached hereto and incorporated herein by this reference (the ‘Contract Land”). 3. Carltas Company, a California limited partnership; CB Ranch Enterprises, a California corporation; Carlsbad Ranch Company L.P., a California limited partnership; and Carlsbad Estate Holding, Inc., a California corporation, the current owners of a portion of the Contract Land which is depicted in Exhibit “B” attached hereto and incorporated herein by this reference (the “Carlsbad Ranch Cancellation Land”). 4. The Carlsbad Ranch Cancellation Land is the subject of the tentative partial cancellation adopted on January 9 1996, by the City Council of the City of Carlsbad (the ‘Council”) Resolution No. 96-2, subject to the conditions set forth in ‘. . 780 Exhibit “C” , therein (the “Conditions”). 5. The Conditions are set forth in this Section 5 and shall be satisfied for final partial cancellation of the respective cancellation area. 5.1. Pavment of the Cancellation Fee. A cancellation fee for the respective cancellation area in the amount of: $791,609.00 for the LEGOLAND Cancellation Area; $291,694.00 for the Resort Cancellation Area: $301 ,I 94.00 for the Research and Development/Office Cancellation Area; $347,391 .OO for the Specialty Retail Cancellation Area; and, $29,227.00 for LEG0 Drive Cancellation Area. The Cancellation Fee is as calculated by the City and certified to the County Auditor, based upon the cancellation value certified to the Council by the County assessor shall be paid prior to final partial cancellation. If the County Assessor certifies a lesser cancellation value for APN 21 l-022-05 and APN 21 l-023-06, pursuant to the applicant’s reconsideration letter to the County Assessor of November 9,1995, and December 15, 1995, cancellation fees for the LEGOLAND cancellation, resort cancellation, and LEG0 Drive cancellation shall be recalculated by the City and certified to the County Auditor based upon the revised cancellation value certified to the Council by the County Assessor. If such fee has not been paid within one (1) year of the date of recordation of this Certificate of Tentative Partial Cancellation, any such unpaid fee for the area subject to final cancellation shall be recomputed upon notice to the City by the landowner that landowner has satisfied, or is prepared to satisfy, the outstanding conditions. Recomputation shall follow the procedure for original calculation and shall be based upon the value of the land at the time of recomputation. -2- P - 781 5.2. Permits Necessary to Commence the Proiect. All permits necessary to commence the project within the respective cancellation areas, shall have been issued prior to final partial cancellation for that cancellation. The permits necessary to commence the project pursuant to California Government Code Section 51283.4, are determined by the City to be the following: 0 A Final Map or Grading Permit from the City of Carlsbad for the grading in the respective cancellation areas including LEGOLAND, the Resort, the Research and Development/Office, the Specialty Retail, or LEG0 Drive cancellation areas; and, ii) A Coastal Development Permit for the respective cancellation area from the City of Carlsbad or the California Coastal Commission for any grading in the LEGOLAND, the Resort, the Research and Development/Office, the Specialty Retail, or LEG0 Drive cancellation area. 5.3. Dedication of Prooertv. Prior to final cancellation of any Cancellation Area, the landowner shall offer to the City or to the appropriate public agency, all property within the LEGOLAND, Resort, Research and Development/Office, the Specialty Retail, and LEG0 Drive cancellation area, which is required to be dedicated to public ownership for that cancellation area under the conditions of the Carlsbad Ranch Specific Plan Amendment 207(A). 5.4 Environmental lmoact Reoort and Statement of Overridinq Considerations and Mitioation Monitorinq Proof-am. Pursuant to Sections 15162 and 15168 of the State of California Environmental Quality Act (CEQA”) Guidelines, the City has reviewed the proposed request for tentative cancellation on portions of land totaling -3- approximately 179.11 acres covered by Williamson Act Contract Number 76-l and generally described as portions of the LEGOLAND, Resort, Research and Development/Office, Specialty Retail and LEG0 Drive cancellation areas of the approved Carlsbad Ranch Specific Plan Amendment 207(A) (Ordinance No. NS-344), and that the certified Carlsbad Ranch Specific Plan Amendment 207(A) Final Environmental Impact Report (Resolution No. 96-l) and adopted Statement of Overriding Considerations and Mitigation Monitoring Program (Resolution No. 96-l) adequately describe the associated potential impact and required mitigation measures and no new environmental documentation has been required for the purposes of CEQA. , The landowner shall, prior to final cancellation of any Cancellation Area, complete and/or comply with all applicable required mitigation measures for that Cancellation Area identified in the certified Carlsbad Ranch Specific Plan Amendment 207(A) Environmental Impact Report (Resolution No. 96-l) and adopted Statement of Overriding Considerations and Mitigation Monitoring Program (Resolution No. 96-l) for the LEGOLAND, Resort, Research and Development/Office, Specialty Retail and LEG0 Drive cancellation areas. . . . . -4- 6. A Certificate of Final Partial Cancellation for the LEGOLAND Cancellation Area, the Resort Cancellation Area, the Research and Development/Office Cancellation Area, the Specialty Retail Cancellation Area, or the LEG0 Drive Cancellation Area will be issued and recorded by the City upon satisfaction by the landowner of the ncellation area set forth in Section 5, above. J-&JdH?Y z”/ If?6 Date City of Carlsbad ATTEST: City of Carlsbad (SEAL) -5- EXHIBIT “A” ,. ‘-\ ACUA XWI3HD.4 LAGOON 784 CAIUSBAD RANCH: WILLIAMSON ACT LANDS 1 W] Non-Williamson Act Lands 121.94 Williamson Act Lands Remaining Under Contract 146.35 Williamson Act Lands to be Removed from Contract 179.11 1 s f - I Al-TA= “E-l” -.w- -.. -1.. '\ AG=A .i-w:w'c~ LAG30x 785 '. , _' PACIFIC UsAn , / / I CARLSBAD RANCH: CL$.NCELLATION AR&AS A. Specialty Retail Cancellation Area - 15.95 Acres B. Research and Development/Office Cancellation Area - 20.87 Acres C. LEG0 Drive Cancellation Area - 1.08 Acres D. LEGOLAND Cancellation Area - 93.35 Acres E. Resort Cancellation Area - 47.86 Acres . I -4 I . EXHIBIT “B” 6-s ’ 0’ 1600' 800' 7816 APN 211-023-03 ............................... ................................ ............................... EJ ............................... UN 2 1 1 -022-05 ::::::::::::::::::::::::::::i:::::::::::::::::::::::::::::::: ;;; .............................. ............................... .............................. ............................... .............................. ................ . .............. .............................. ............................... .............................. .............................. .............................. .............................. .............................. UN 21142242 .~:.~~~:.:.~:.‘.:.:.:.:.:.~:~.:.:.:.:.:.:.:.:.:.~~: ......... . .................... .............................. ............................. .............................. ............................. .............................. ............................. ............................. WILLIAMSON ACT IANDS TO BE REMOVED FROM EXISTING PARCELS ASSESSOR'S PARCEL NUMBER AREA (Acres) 211-022-05 107.54 211-022-06 211-023-02 211-023-05 87 211-023-06 Dote: 10/W/95 lime: 13: PC #l /- 27 EXHBlT “c” CONDITIONS REQUIRED FOR FINAL CANCELlATlON OF WlLLlAMSON ACT CONTRACTS ON PORTlONS OF LAND TOTALlNG APPROXMATELY 179.11 ACRES COVERED BY WILLlAMSON ACT CONTRACT NUMBER 76-l AND GENERALLY DESCRIBED AS THE LEGOlAND, RESORT, RESEARCH AND DEVELOPMENT/ OFFICE, AND SPECIALTY RETAlL PLANNING AREAS AND LEG0 DRIVE OF THE CARLSBAD RANCH SPECIFIC PLAN AMENDMENT Pursuant to Section 51283.4 of the California Government Code, the following conditions shall be satisfied for final cancellation of Williamson Act Contracts on land totaling approximately 179.11 acres covered by Wlliamson Act Contract Number 76-l and generally described as the LEGOLAND, Resort, Research and Development@ftice, Specialty Retail, and LEG0 Drive Cancellation Areas, as depicted on Attachment ‘E-l”. The landowner shall provide notice to the City, as specified in Section 51283.4 when all conditions have been fulfilled for each such area. If the landowner is unable to satisfy the conditions enumerated below for that area, the landowner shall provide notice to the City of the particular conditions they are unable to satisfy and, pursuant to Section 51253.4, the City shall, within thirty days, execute a certificate of withdrawal of approval of the tentative cancellation of the contract for that Cancellation Area and cause the same to be recorded. Determination by the City of compliance with these conditions is intended to be a ministerial act. 1. PAYMENT OF THE CANCELLATION FEES Cancellation fees for the LEGOIAND Cancellation, Resort Cancellation, Research and Development/Office Cancellation, Specialty Retail Cancellation, and LEG0 Drive Cancellation in the amounts as calculated by the City and certified to the county auditor, based upon the cancellation values certified to the Council by the county assessor, shall be paid for that Cancellation Area prior to final cancellation of the respective cancellation area. If the County Assessor certifies a lesser cancellation value for APN 211-022-05 and APN 211-023-06, pursuant to the applicant’s reconsideration letter to the County Assessor on November 9, 1995, and December 15,1QQ5, cancellation fees for the LEGOlAND Cancellation, Resort Cancellation, and LEG0 Drive Cancellation shall be recalculated by the City and certified to the County Auditor based upon the revised cancellation value certified to the Cii Council by the County Assessor. If such fees have not been paid within one year of the date of recording of the Certificate of Tentative Cancellation, any such unpaid fee for the Cancellation Area subject to final cancellation shall be recomputed upon notice to the City by the landowner that the landowner has satisfied, or is prepared to satisfy the outstanding conditions. Recomputation shall follow the procedure for the original calculation and shall be based upon the value of the land at the time of recomputation. 2. PERMITS NECESSARY TO COMMENCE ME PROJECT All permits necessary to commence the project within the Cancellation Area shall have been issued prior to final cancellation for that Cancellation Area. The -. Permits necessary to commence the Project pursuant to Government Code section 51283.4 are determined by the City to be the following: A) A Final Map or Grading Permit from the City of Carlsbad for the LEGOIAND, the Resort, the Research and Development/Office, the Specialty Retail, or LEG0 Drive Cancellation Areas; and W A Coastal Development Permit from the Cii of Carlsbad or California Coastal Commission for any grading in the LEGOLAND, the Resort, the Research and Development/Office, the Specialty Retail, or LEG0 Drive Cancellation Area. 3. DEDICATIONS OF PROPERTY The landowner shall, prior to final cancellation of any Cancellation Area, offer to the City or to the appropriate public agency, all property within the LEGOlAND, the Resort, Research and Development/Office, the Specialty Retail, and LEG0 Drive Cancellation Areas which are required to be dedicated to public ownership for that Cancellation Area under the conditions of the Specific Plan Amendment and/or Tentative Map for Carlsbad Ranch. 4. ENVlRONMENTAL IMPACT REPORT AND STATEMENT OF OVERRIDING CONSIDERATIONS AND MlTlGATlON AND MONITORING REPORT Pursuant to Sections 15162 and 15166 of the State of California Environmental Quality Act (CEQA) Guidelines, the City of Carlsbad has reviewed the proposed request for tentative cancellation on portions of land totaling approximately 179.11 acres covered by Williamson Act Contract Number 76-l and generally described as the LEGOIAND, Resort, Research and Development/Office, Specialty Retail and LEG0 Drive Cancellation Areas and has determined that the request is within the scope of the approved Carlsbad Ranch Specific Plan Amendment (Ordinance NS-344) and that the certified Car&bad Ranch Specific Plan Amendment and Final Environmental Impact Report (Resolution No. 961) and adopted Statement of Overriding Considerations and Mitigation and Monitoring Program (Resolution No. 96-l) adequately describes the associated potential impacts and required mitigation measures and no new environmental documentation has been required for the purposes of CEGA. The landowner shall, prior to final cancellation of any Cancellation Area, complete all required mitigation measures identified for that cancellation area in the certified Carlsbad Ranch Specific Plan Amendment Final Environmental Impact Report (Resolution No. 96-l) ar%i adopted Statement of Overriding Considerations and Mitigation Monitoring Program (Resolution No. Q6-1) for the LEGOlAND, Resort, Research and Development/Office, Specialty Retail, and LEG0 Drive Cancellation Areas. --- _-e--u~-.^_- ,. .I *“--XI __. -\ t-- 0' 1600' 800' sCALEI1'=800' EXHIBIT “B” 789 WUAMSON ACT LANDS TO BE REMOMD FROM EXISTING PARCELS ASSESSOR'S PARCEL NUMBER AREA (Acres) 211-022-0s 107.54 211-022-06 211-023-02 15E 211-023-05 8:08 211-023-06 44.86 c- EXHIBIT “C” 790 CONDITIONS REQUIRED FOR FINAL CANCELlATlON OF WILLIAMSON ACT CONTRACTS ON PORTlONS OF LAND TOTALlNG APPROXlMATELY 179.11 ACRES COVERED BY WlLLlAMSON ACT CONTRACT NUMBER 76-l AND GENERALLY DESCRIBED AS THE LEGOUWD, RESORT, RESEARCH AND DEVELOPMENT/ OFFICE, AND SPECIALTY RETAIL PLANNING AREAS AND LEG0 DRIVE OF THE CARLSBAD RANCH SPECIFIC PLAN AMENDMENT kNSUant to Section 51283.4 Of the California Government Code, th8 fobwing conditions shall be satisfied for final cancellation of Williamson Act Contracts on land totaling approximately 179.11 acres covered by Williamson Act Contract Number 76-l and generally described as the LEGOiAND, Resort, Reseamh and Development/Office, Specialty Retail, and LEG0 Drive Cancellation Areas, as depicted on Attachment “E-1”. The landowner shall provide notice to the City, as specified in Section 51283.4 when all conditions have been fulfilled for each such area. If the landowner is unable to satisfy the conditions enumerated below for that area, the landowner shall provide notice to the City of the particular conditions they are unable to satisfy and, pursuant to Section 51283.4, the City shall, within thirty days, execute a certificate of withdrawal of approval of the tentative cancellation of the contract for that Cancellation Area and cause the same to be recorded. Determination by the City of compliance with these conditions is intended to be a ministerial act. 1. PAYMENT OF THE CANCELLATlON FEES Cancellation fees for the LEGOLAND Cancellation, Resort Cancellation, Research and Development/Office Cancellation, Specialty Retail Cancellation, and LEG0 Drive Cancellation in the amounts as calculated by the City and certified to the county auditor, based upon the cancellation values certified to the Council by the county assessor, shall be paid for that Cancellation Area prior to final cancellation of the respective cancellation area. If the County Assessor certifies a lesser cancellation value for APN 21 l-022-05 and APN 21 l-023-06, pursuant to the applicant’s reconsideration letter to the County Assessor on November 9, 1995, and December 15,lQQ5, cancellation fees for the LEGOIAND Cancellation, Resort Cancellation, and LEG0 Drive Cancellation shall be recalculated by the City and certified to the County Auditor based upon the revised cancellation value certified to the City Council by the County Assessor. If such fees have not been paid within one year of the date of recording of the Certificate of Tentative Cancellation, any such unpaid fee for the Cancellation Area subject to final cancellation shall be recomputed upon notice to the City by the landowner that the landowner has satisfied, or is prepared to satisfy the outstanding conditions. Recomputation shall follow the procedure for the original calculation and shall be based upon the value of the land at the time of recomputation. 2. PERMITS NECESSARY TO COMMENCE THE PROJECT All permits necessary to commence the project within the Cancellation Area shall have been issued prior to final cancellation for that Cancellation Area. The /-- 291 Permits necessary to commence the Project pursuant to Government Code section 51263.4 are determined by the City to be the following: 4 A Final Map or Grading Permit from the City of Carlsbad for the LEGOLAND, the Resort, the Research and D8vetopment/Office, the Specialty Retail, or LEG0 Drive Cancellation Amas; and W A Coastal Development Permit from the City of Carlsbad or California Coastal Commission for any grading in the LEGOCAND, the Resort, the Research and Development/Office, the Specialty Retail, or LEG0 Drive Cancellation Area. 3. DEDICATIONS OF PROPERTY The landowner shall, prior to final cancellation of any Cancellation Area, offer to the City or to the appropriate public agency, all property within the LEGOlAND, the Resort, Research and Development/Office, the Specialty Retail, and LEG0 Drive Cancellation Areas which are required to be dedicated to public ownership for that Cancellation Area under the conditions of the Specific Plan Amendment and/or Tentative Map for Carisbad Ranch. 4. ENVlRONMENTAL IMPACT REPORT AND STATEMENT OF OVERRIDING CONSIDERATIONS AND MlTlGATlON AND MONITORING REPORT Pursuant to Sections 15162 and 15166 of the State of California Environmental Quality Act (CEQA) Guidelines, the City of Carlsbad has reviewed the proposed request for tentative cancellation on portions of land totaling approximately 179.11 acres cov8red by Williamson Act Contract Number 76-l and generally described as the LEGOlAND, Resort, Research and Development/Office, Specialty Retail and LEG0 Drive Cancellation Areas and has determined that the request is within the scope of the approved Carlsbad Ranch Specific Plan Amendment (Ordinance NS-344) and that the certified Carlsbad Ranch Specific Plan Amendment and Final Environmental Impact Report (Resolution No. 96-l) and adopted Statement of Overriding Considerations and Mitigation and Monitoring Program (Resolution No. 96-l) adequately describes the associated potential impacts and required mitigation measures and no new environmental documentation has been required for the purposes of CEQA. The landowner shall, prior to final cancellation of any Cancellation Area, complete all required mitigation measures identified for that canceliation area in the certified Carlsbad Ranch Specific Plan Amendment Final Environmental Impact Report (Resolution No. 96-l) a adopted Statement of Overriding Considerations and Mitigation Monitoring Program (Resolution No. 96-l) for the LEGOlAND, Resort, Research and Development/Office, Specialty Retail, and LEG0 Drive Cancellation Areas. < * - . , . . ATTACHMENT “E-l” ‘A- . . -1.- ‘\ AG;A .~~:~.vcA ~4G30,” i, d’ i 792 : k-/’ CAFUSBAD RANCH: CANCELLATION AREAS A. Specialty Retail Cancellation Area - 15.95 Acres B. Research and DevelopmentiOffke Cancellation Area - 20.87 Acres c. LEG0 Drive Cancellation Area - 1.08 Acres D. LEGOLAND Cancellation Area - 93.3 5 Acres E. Resort Cancellation Area - 47.86 Acres 0 f Carlsbad February 26, 1996 Gregory J. Smith County Recorder PO Box 1750 San Diego CA 92112-4147 Enclosed for recordation is the following described document: Certificate of Tentative Partial Cancellation Pursuant to California Land Conservation Act of 1965 APN: 211-022-05 & 06, 211-023-02, 05 & 06 Also enclosed are instructions on how the City is to be billed for the recordation fees incurred. Thank you for your assistance with this matter. KATHLEEN D. SHOUP ( Sr. Office Specialist ---..__. ~--. ~-.. _--~----. ..-.- ~~. _---~~~--~--- 1200 Carlsb;ad Villa.gc~ Drive - Carlsbad. California 92008-1989 - (619) 434-2808 851 * . RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008-l 989 4oc tit 1996-0~41300 22-mw-195% 08~35 API OFFICM RECDRDS SAH DIE65 CDUHTY RECOR!ER’S 5FF$E CREG5RY SnITHi ;tl;iTk RECOR~EK : 0.00 Space above this line for Recorder’s use FOURTH AMENDMENT TO LAND CONSERVATION CONTRACT (Agricultural Preserve 76-l) This Fourth Amendment to Land Conservation Contract (this “Amendment”) is madeas ofO_r:I 9 , 1996, by and between Carlsbad Ranch Company, L.P., a California limited partnership, Carlsbad Estate Holding, Inc., a California corporation, and CB Ranch Enterprises, a California corporation (collectively, “Owner”) and the City of Carlsbad, a municipal corporation (the “City”), with respect to the Recitals set forth below. A. RECITALS Carftas company, a California corporation (“Carltas”), and the City, entered into that certain Land Conservation Contract, dated February 26, 1976, and recorded on March 1, 1976, in the Cffice of the County of San Diego Recorder as Document Number 76-059758, pursuant to the provisions of the Land Conservation Act of 1965; as amended by that certain First Amendment to Land Conservation Contract, dated December 15, 1987, and recorded on May 7, 1993, in the Office of the County of San Diego Recorder as Document Number 93-0286978; as further amended by that certain Second Amendment to Land Conservation Contract, dated December 23, 1988, and recorded on December 29, 1988, in the Office of the County of San Diego County \ 852 Recorder as Document Number 88-0672971; and, as further amended by that certain Third Amendment to Land Conservation Contract, dated April 12, 1993, and recorded on May 21, 1993, in the Office of the County of San Diego Recorder as Document Number 93-0243908, (the ‘Contract”). B. Owner is the current owner of the land subject to the Contract and Carltas’ successor in interest under the Contract. C. Owner and the City now desire to further amend the Contract to conform to current statutory provisions of the Williamson Act as set forth below. NOW, THEREFORE, Owner and the City agree to amend the Contract as follows: 1. Section 10 of the Contract is amended in its entirety to read: Section 10. CANCELLATION. (a) This Agreement may be canceled only by mutual agreement of the Owner and City pursuant to Section 51282 of the Act (Government Code) when, after a public hearing has been held in accordance with the provisions of Section 51284 of the Act (Government Code), the City Council finds either: (1) that the cancellation is not inconsistent with the purposes of the Act; or (2) that the cancellation is in the public interest. (b) This Agreement shall not be canceled until the cancellation fee specified in Section 51283 has been paid, unless such fee or portion thereof is waived or deferred pursuant to subdivision (c) of that section. (c) References in this paragraph 10 to the Act and to sections of the Act (Government Code) are to the Act and sections of the Act (Government Code) as they exist upon the date of the adoption of this Amendment. ? 853 2. Section 12 of the Contract is amended to strike, “CONTRACT BIDS SUCCESSORS.“, and to add, “CONTRACT BINDS SUCCESSORS.” 3. Pursuant to Section 16, NOTICE, of the Contract, notice to OWNER shall be addressed as follows: Carlsbad Ranch Company L.P., a California limited partnership 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 CB Ranch Enterprises, a California corporation 5600 Avenida Encinas, Suite 106 Carlsbad, CA 92008 Carlsbad Estate Holding, Inc., a California corporation 5600 Avenida Encinas, Suite 130 Carlsbad, CA 92008 IN WITNESS WHEREOF, Owner and the City have executed this Amendment on the date set forth below. “OWNER” CARLSBAD RANCH COMPANY L.P., a California limited partnership By: CARLTAS COMPANY, a California limited partnership, Its General Partner By: CARL By: alifornia corporation, Its General Partner CARLSBAD ESTATE HOLDING, INC., a California corporation By: -2-b Todd J. A&on, Secretary CALIFORNIA ALL-P”RF+OL ACKNOWLEDGMENT - 854 State of California County of San Dieso On January 29, 1996 before me, Virginia S. Beckner, Notary Public , Date Name and Title of Officer (e.g., ‘Jane Doe, Notary Public”) personally appeared Christopher C. Cal kins Name(s) cd Signer(s) Kl personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person@ whose name(s)@‘are subscribed to the within instrument and acknowledged to me that (he/they executed the same in&?her/their authorized capacity(.ies), and that by @her/their signature(e) on the instrument the person(e), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. S&h . Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Fourthdndment to I and Conwvation Contract Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: Cl Individual 0 Corporate Officer Title(s): 0 Partner - •i Limited 0 General q Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here Signer’s Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General •i Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here 0 1994 National Notary Association l 6236 Remmet Ave., P.O. Box 7164 l Canoga Park, CA 913047164 Prod. NO. 5907 Reorder: Call Toll-Free 1-600-676-6627 - 855 CALlkORNlA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of San Dieqo On February 26, 1996 before me, Diane Carroll, a Notary Public , DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC personally appeared Todd J. Anson , NAME(S) OF SIGNER(S) &I personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(+-whose name@+ is/a+e- subscribed to the within instrument and ac- knowledged to me that he/she/~ executed the same in hislh&tM authorized capacity(im, and that by hislMt#t&I- signature(s) on the instrument the personw or the entity upon behalf of which the personw acted, executed the instrument. WITNESS my hand and official seal. < - .e (+y‘ SIGNATURE OF NOTARY -. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL c] CORPORATE OFFICER Fourth Amendment to Land Conservation Contract TITLE(S) TITLE OR TYPE OF DOCUMENT 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 0 TRUSTEE(S) GUARDIAN/CONSERVATOR 0 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EMITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 81993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184 - 856 Date: 7 -/r-Q AlTEST: By: Aletha L. Rautenkranz, City Clerk .- STATE OF CALIFORNIA ) 1 857 COUNT* OF SAN DIEGO ) On March 19, 1996 , before me, Karen R. Kundtz, Assistant . . City Clerk, personally appeared Claude A. Lewis, Mayor and Aletha L. Rautenkranz, City Clerk , personally known to me (+P-+Mv-& twmewrttre-tras)s~-sb~+sfrtetery-euiBeftee) to be the person(s) whose name(s) isjare subscribed to the within instrument and acknowledged to me that -they executed the same inkisjwtheir authorized capacity(ies), and that by bisfbeF/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal sistant City Clerk City of Carloba (SEAL) TELEPHONE: (619)234-1966 FACSIMILE: (619) 234-3848 (~~THFLOOR) (619)236-1403 (13TH FLOOR) WRITER’s DIRECT DIAL: (619) 699-0247 BROBECK PHLEGER~ J HARRISON LLP ATTORNEYS AT LAW February 26, 1996 Don Neu City Planning Department City of Carlsbad 2075 Las Pahnas Carlsbad, California 92008 550 WEST C STREET suITE1300 SAN DIEGO CALIFORNIA 92101-3532 Re: Carlsbad Ranch Fourth Amendment to Land Conservation Contract Dear Don: At Todd J. Anson’s request, I am enclosing the executed and notarized Fourth Amendment to Land Conservation Contract that was signed and notarized by Carltas Company and Carlsbad Estate Holding, Inc. I trust that you will take responsibility for having the City Manager execute this document and recording it. If my understanding is not correct or if you have any other questions or concerns, please feel free to call me. Very truly yours, BROBECK, PHLEGER & HARRISON LLP y*A BY Joan B. Stafslien Enclosure cc: Poul Hartvig Nielsen John Jakobsen Christopher Calkins Todd J. Anson, Esq. BPHSD\JBS\0153186.WP SAN FRANCISCO PALO ALTO Los ANGELES ORANGE COUNTY SANDIEGO NEW YORK AUSTIN DENVER LONDON’ ‘BROBECK HALE AND DORR INTERNATIONAL OFFICE . PROJECT MEMO CITY OF CARLSBAD - PLANNING DEPARTblENT TO: &g &u7~/ki&ti2 DATE: /4&k- 27 19 9,1 FROM:2 TIME: 3:oa K/y iss Ib*-f&c-h \ n’s c-dklns snLJ Gl cod\/ 0-e he- COnhd-, aim-190ed ;FI j987- 88, f-ec0fde.d aS CY%r’nCa /$ \focJ r ww asSis+mnw, ShoclId vou netA -Wmm@wUrlActing Agent WHITE - Job Site; YELLOW - File; PINK - Inspector . . @B CFIRlTRS commw April 22, 1993 Mr. Don Neu Senior Planner City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009-1576 Re: First Amendment to Land Conservation Contract Auricultural Preserve No. 76-01 Dear Don: I have previously sent to you the Third Amendment to Land Conservation Contract for execution by the Mayor and to return to us for recordation. Enclosed is a copy of the First Amendment which was never recorded. Neither I nor Gary are able to find the original signed copy and, consequently, I suggest that this amendment approved by the City Council and Coastal Commission be fully executed and recorded so we have a complete set of the recorded amendments of record. I have previously spoken with Gary regarding the First Amendment and suggested this procedure, so ,if necessary, you may want to speak with him. If you have any questions, please feel free to call. Ill!kins . Manager CCC/dsf Enc. l-90-051 5600 AVENIDA ENCINAS l SUITE 100 l CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431-5600 FAX (619) 431-9020 RECORDING_ REQUESTED BY AND+-, ) WJ3E~~REiXRDED MAIL TO: City Clerk I CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989; + 5.40 h-4 bd~ tt 1993-0243908 21-APR-1993 lo:20 ClM t OFFICIAL RECORDi SAN DIEGO COUNTY RECORDER’S OFFICE = ibfENDItd?.NT TO RF;“- 6.0; FEES: 14.00 :’ LAND CONSERVA~ON CONTRA& 7.00 ‘d,L , : 1.00 AGIUCUL,- PRESERVE NO. 76-01 APPLICATION NO. AI’ 76-01(C) By this third amendment dated ti APRIL 12 1993, Carltas Company, a California Limited partnership, successor in interest as owner to Carltas Corporation, (hereinafter referred to as “OWNER”) and the City of Carlsbad, a political subdivision of the State of California, (hereinafter referred to as “CITY”), the Land Conservation Contract dated February 10,1976, by and between Carltas Corporation and the City of Carlsbad (the “Contract”) is hereby amended pursuant to the provisions of Section 51257 of the Government Code of the State of California in light of the following facts and circumstances: A. OWNER and CITY desire to further amend the contract to specify certain conditional uses permitted under the Williamson Act. THEREFORE, it is agreed between OWNER and CITY as follows: SECTION 1. SPECIFIC USES. The list of uses delineated in sub-part B of Exhibit “B” to the contract are hereby amended to add the following: (16) Public recreational uses (including golf courses) otherwise consistent with open space uses. SECTION 2. CHANGE IN NOTICE. Pursuant to the provisions of Section 16 of the Contract, notice to OWNER shall be addressed as follows: Carltas Company, a California Limited Partnership 5600 Avenida En&as, Suite 100 Carlsbad, California 92008 L . -4 -4. , . . , t 541 - SECTION 3. RATIFICATION AND AFFIRMATION OF CONTRACT. Except as hereinabove set forth, the land conservation contract dated February 10,1976, is hereby ratified and confirmed. Executed on the date iirst written above. SECTION 4. RECORDATION. The OWNER shall record this amendment. SECTION 5. AMENDMENT PROCEDURES. Amendment of this amendment of Land Conservation Contract Agricultural Preserve No. 76-01 shall not OCCUT until all conditions and contingencies specified in the agreements have been satisfied. CARLTAS COMPANY, A CALIFORNIA LIM PARTNERSHIP By: GENEisdAL PARTNER CI OF CARLSBAD, A MUNKXPAL CORPORATION By: (Notarial Acknowledgements) -2- Stateof CALIFORNIA Countyof San Dieqo On 04/05/93 DATE beforeme, Diane S. Fischer, Notary Public NAME, TITLE OF OFFICER - E.G.. “JANE DOE. NOTARY PUBLIC I personally appeared PAUL ECKE, JR. ------------------------------ NAME(S) OF SIGNER(S) , q personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the personti whose nameM is/e subscribed to the within instrument and ac- knowledged to me that hem executed the same in his/be&++& authorized capacity@@, and that by his/e signatureM on the instrument the personw, or the entity upon behalf of which the person@ acted, executed the instrument. SS my hand and official seal. c &ii!!!& SIGNATURE OF NOTARY CALIFORNIA ALL=PURPOSE ACKNO No. 5193 NUMBER OF PAGES L DATE OF DOCUMENT 01992 NATlONAL NOTARY ASSOCIATION * 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184 - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. q INDIVIDUAL 0 CORPORATE OFFICER(S) TITLE(S) q PARTNER(S) 0 LIMITED 1 GENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR cl OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Carltas Company, a California limited Partnership OPTIONAL SECTION THIS CERTIFICATE MUST BE AlTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: T~TLEORTYPEOFDOC~MENT 3rd Amend. to Land Conservation Contract State of California Countyof San Diego > On April 13, 1993 before me, Karen R. Kundtz, Notary Public , DATE NAME, TITLE OF OFFICER E.G., “JANE DOE, NOTARY PUBLIC CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL(S) q CORPORATE OFFICER(S) TITLE(S) q PARTNER(S) q ATTORNEY-IN-FACT 0 TRUSTEE(S) q SUBSCRIBING WITNESS 0 GUARDIAN/CONSERVATOR . q OTHER: Mnvnr. Cl tv nf Carlsbad SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IESJ City of Carlsbad personally appeared Claude A. Lewis --------------------------- I NAME(S) OF SIGNER(S) [19 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person@) whose name(s) is/&e subscribed to the within instrument and ac- knowledged to me that he/Mm executed the same in his/keHbeit authorized capacity(iesj, and that by his/bet%+heir signature(e)onthe instrument the person(s), KAREN R. KUNDTZ or the entity upon behalf of which the person(s) NOTAf4-Y PUBLIC - CALIFORNIA acted, executed the instrument. PWCIPM OFFtCE IN Witness my hand and official seal. this certificate to unauthorized document. THIS CERTIFICATE TitleorTypeof Document 3rd. Amendment to Land Conservation Contract MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: _ Number of Pages 2 Date of Document 4112193 Signer(s) Other Than Named Above Paul Ecke, Jr. Q 1991 NATIONAL NOTARY ASSOCIATION - 6236 Remmet Ave. - P.O. Box 7164 - Canoga Park, CA 91304-71 RONALD R. BALL ACTING W-Y AlTXNEY CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008-1989 (619) 434-2891 FAX NO. (619) 434-8367 KAREN J. HIRATA DEPUTY CITY Al-iORNEY March 6, 1992 Monica R. Browning, Esq. Carltas Development Company 5600 Avenida Encinas, Suite 100 Carlsbad, California 92008 RE: LAND CONSERVATION CONTRACT NO. 76-l/NOTICE OF NON-RENEWAL Dear Ms. Browning: Thank you for your fax transmittal of March 5, 1992, regarding this matter. Enclosed, please find a copy of the recorded Notice of Non-Renewal. I do not know why this did not appear in your updated title report but I think you should take this matter up with them and demand an explanation. I believe we can clarify the purpose of the requested easement, however, to say that grantee's use of the easement will not interfere with grantor's use renders it vague and ineffective. Please delete paragraph (i) subparagraphs (ii and iv) are acceptable. I do not know what equipment or materials will be stored on the easement but you can be assured that materials or equipment will not be left unattended for any extended period of time and paragraph (iii) is unnecessary. Please delete it. Should you have any questions regarding this matter, please do not hesitate to contact me. Vemuly yours, RONALD R. BALL Assistant City Attorney afd Enclosure c: City Engineer w/attachment City Clerk September 30, 1991 Mr. Edward G. Heidig, Director State of California Department of Conservation 1416 9th Street 13th Floor Sacramento CA 95814 NOTICE OF NON-RENEWAL OF LAND CONSERVATION CONTRMX NO. 76-l On September 27, 1991, the Carltas Company served the Carlsbad City Clerk’s office with their written Notice of Non-Renewal for the land subject to Land Conservation Contract No. 76-1. Subsection 51245 of the California Government Code requires that a copy of any such notice be delivered to the Director of Conservation. Therefore, in compliance with that requirement, I have enclosed a copy of the Notice of Non-Renewal for your files. LEE RAUTENKRANZ City Clerk LR: kq Enc ------------- 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-2800 8 September 30, 1991 Annette J Evans County Recorder PO Box 1750 San Diego ,CA 92101-2422 Euclosed for recordation is the following described document: Notice of Non-Renewal Agricultural Preserve 76-l Carltas Company Also enclosed are instructions on how the City is to be billed for the recordation fees incurred. Thank you for your assistance in this matter. KATHLEEN D. SHOUP CT-II 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-2808 @ h?lTFIS - -4 corvmnv September 6, 1991 Ms. Aletha L. Rautenkranz City Clerk's Office City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Dear Ms. Rautenkranz: Enclosed please find two (2) executed original counterparts of the Notice of Non-Renewal for the land subject to Land Conservation Contract No. 76-l. Please note, the California Government Code, as required under Section 51245 of deadline (i.e., that delivery is made prior to the 90 days prior to January 1, 1992). If the Notice appears in order, we would appreciate send one (1) of the originals to the County Record recordation as soon as reasonably feasible to inclusion in the determination of tax liabil forthcoming fiscal year. it if you would .erls Office for permit proper ities for the Please do not hesitate to call me if you have any questions or comments. for Carltas Company CCC/mrb Enc. cc: Ronald Ball', Assistant City Attorney 45 v--++iU 0 L.- \ .kL 5600 AVENIDA ENCINAS . SUITE 100 . CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431-5600 FAX (619) 431-9020 -.---... ._ _. GOVEfWlENT ‘CODE ’ ‘, ted prior to Jan. 1, 1991; ‘81, c. 1095. 67 Ops.Atty.Gen. mpcrly reessas property at its hout consideration of its status j1200 et seq.) contract, which be rewhd to agricultural or years in return for use value .es, under a fair market value imposing a limitation on prop. ’ asseasmmts to full . value 6 secured tax roll. nber- of San Joaquin Co: ‘3. 3 >8, 147 C.A.M 51 .XQ et seq.) contract, which e restricted to agricultural or veers in return for use value ‘, under a fair market value lposing a limitation on prop. sessments to full cash value ::ured tax roll. Shdlenber- a Joaquin County (App. 3 7 C.A.3d 510. In those compatible with 1 interest of the owner. ,cise, independent of any in the original contract, tion. The effect of any T contract shall not be he contract as it applies terlrks l * l bn the remainimr nareela of the divided land- On the annexation by a city of any land under eo&ra& 11 -ye& to all righte, duties and powers of the e~unty under the eon~ s to thii section by Assembly Bill No. 2764 of the 1989-90 Regular 26-a County, the city shah Du’ l .* l * The amendments made Session shah not apply to any executed contract for which a valid protest was filed in aet~rdanee th applicable requirements prior to J~WXY 1*1!@1* Gmended by Stats. x+89, c. 943, 0 2; s~ts.1990, c. &I1 (A.B.9764), 0 4.) L.mLlrrkr~ stNcticmofartoin -oOtidhlld,~- California f&d trust: p,to F; y= abIy r&ted to legitilnete govmmm~~veofpraerv- andurbanlanduseneedsof~ ’ iryuldpmtectingstete’anoturelaldaecnic~end III (1984) 18 U.S.F.L.Rev. 171. ~~ candladon rules under the Wiiliamson Act. Jef- donotviolateducproceaa Delucohiv.Sant~~~ouay frq P, Widmm (1982) 22 Santa Clara L.Rcv. 589. (App. 6 Dist.i9%) 225 Cal.Rptr. 43, 179 C.A.M g14, appal dism oertiomri denied 107 s.a ra. 479 U.S. 603. 93 L.Ed.2d 8. Notaoflkcbhnu parite* 2 2. paaitw- p&t ~uiranCnts Of *ulttlre p-c zoning Ordi- mcc ~hiih raquira permits to be obtained before con- 0 51243.6. property within one mile of city hounduy; contra& executed prior to Jan. 1, 1391; protest by city: notice; presumptions For property which was within one mile of a city boundary when a eontraet was executed pursuant te this article and for which the contract was executed prior to January 1, 1991, it shall be conclusively presumed that no protest was filed by the city unless there is a record of the filing of the protest and the protest identifies the affected contract and the subject parcel. It shall be conclusively presumed that required notiee was given before the execution of the contra& (Added by Stots.1990, c. 641 (A.B.2764), 0 6.) Ihtded end StUnktry Nota 1990 Labl8uoo Forma -8 Sl243.5 was rcpraled by Stats.1990, c. 841 lA.B.2764). 6 5. \- -.- IJorht& Forma 0 51243.5, added by Stats.1968, c. 413, 5 3, emended by Stats.1969, c. 1372, 8 12.5; Stata. 1971, Ex.seM., c. 1, 4 5. Law Reviow CammonMa New cancellation rules under the Williamson Act. Jef- fny.P. Wiiman (1982) 22 Santa Clara L.Rev. 589. 8 51244. Term; renewal; notice Law Rerlaw Cammootuia California farmland trust: Proposal to balance the Nd and urban land use needs of Californians. John J. Micek III (l9g4) 18 U.SF.L.Rev. 171. Cancellation of Williin Act contracts is limited to extraordimry circua~~.tanca shown in express findiigs by the local agency. (1962) 22 Santa Clara L&v. 965. l.Hculac,tlm Where city, under West’s AM.C~.G~~.C~& 5 51243.5, hrr Ukd protest to Williamma Act contract but local agency fbrmetkm comtnimion doa not hold hearing on pro&at before &ecution of contract by board ofsupuviaors, commission may still &rafter properly hold hearing 01 and uphold city’s protest. 68 Gps.Atty.Gen. 204, 7-3O-gS. New canceUeticm rule under the Williamson Act. Jef- frey P. Widman (1982) 22 Santa Clan L&v. 589. 8 51244.5. Terms for more than ten yearn; automatic extension provieion Law Rev&w CommatuIea New eemdletion rules under the Wiiamson Act. Jef- &y P. Widnun (1982) 22 Santa Clara L.Rev. 589. 8 51245. Notice of nonrenewal; renewal L- _ . . . ..-.._I -I_- -- _-,- __ If either the landowner or the city or county desires in any year not to renew the contract, that party shall serve written notiee of nonrenewal of the contra& upon the other party in advance of the annual renewal date of the contract. Unless such written notice is served by the landowner at least AddItIona Or Ctmlles Indhmted by undorlln~ daldofm byrstorkka*** 53 -7 i i '0 51245 - LI. Go ANMENT CODE 90 days prior to the renewal date or by the city or county at least 60 days prior to the renewal date, the contract shall be considered renewed as provided in Section 51244 or Section 51244.5. Upon receipt by the owner of a notice from the county or’+ of nonrenewal, the owner may make a written protest of the notice of nonrenewal. The county or city may, at any time prior to the renewal date, withdraw the notice of nonrenewal. Upon request by the owner, the board or council may author& the owner to serve a notice of nonrenewal on a portion of the land under a contract. Within 30 days of the receipt of a notice of nonrenewal from a landowner, the service of a notice of nonrenewal upon a landowner, or the withdrawal of a notice of nonrenewal, the city deliver a copy of th or countp shall e notice or a notice of withdrawal of nonrenewal to the Director of Conservation. (Amended by Stata.1989, c. 943, 9 3.) Lew Reriew comwntufa New cancellation rules under the Williamson Act. Jef. California farmland trust: Proposal to balance the rural end urban land use n&s of Californians. John J. Micck frey P. Widman (1982) 22 Santa Clara L.Rw. 589. III (1984) 18 U.S.F.L.Rev. 171. Cancellation of Williamson Act contracts is limited to extraordinary circumswccs shown in express findings by the local agency. (1982) 22 Santa Clara L.Rev. 965. 8 51246. Term following notice of nonrenewal; timberland production; valuation (a) If the county or city or the landowner serves notice of intent in any year not to renew the contract, the existing contract shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the contract, as the case may be. Within 30 days of the expiration of the contract, the county or city shall deliver a notice of expiration to the Dwector of Conservation. (b) No city or county shall enter into a new contract or shall renew an existing contract on or after February 28, 19’77, with respect to timberland zoned as timberland production. The city or county shall serve notice of its intent not to renew the contract as provided in thii section. (c) In order to meet the minimum acreage requirement of an agricultural preserve pursuant to Section 51230, land formerly within the agricultural preserve which is zoned as timberland production pursuant to Chapter 6.7 (commencing with Section 51100) may be taken into account. (d) Notwithstanding any’ other provision of law, commencing with the lien date for the 1977-78 fiscal year all timberland within an existing contract which has been nonrenewed as mandated by this section shall be valued according tn Section 423.5 of the Revenue and Taxation Code, succeeding to and including the lien date for the 1981-82 fiscal year. Commencing with the lien date for the 1982-83 fiscal year and on each lien date thereafter, such timberland shall be valued according to Section 434.5 of the Revenue and Taxation Code. (Amended by Stats.1989, c. 943, 4 4.) LmrRe@wCommmtmria California farmland trust: ProposeI to bahmce the rural and urban land use needs of Californians. John J. Micek III (1984) 18 U.S.F.L.Rev. 171. !j 51249. Filing sample copy of forms Within 30 days after a form of contract is first used, the clerk of the board or council shall file with the Director of Conservation a sample copy of each l l l form of contract and any land use restrictions applicable thereto. (Amended by Stata.1984, c. 851, 8 2.) 8 51252. Enforceable restriction bWRcrkrr- New cance&tion rules under the Williamson Act. Jef- frty P. Widman (1982) 22 Santa Clara L.Rev. 589. 4 51252. Amendment of cont& to conform with provisions of 1969 Act Any contract or agreemdnt entered into pursuant to this chapter prior to the 61st day following final adjournment of the 1969 Regular Session of the Legislature may be amended to conform with Addfflona or changes lndicatcd by underline; dalstl~nr by aStOrIrks * l l 54 the pvisions of this act Approval of these amendn (Amended by Stata.1984, < 4 51254. Rescission of c uw Reri- -ta&a New cancdetion rules under frey P. Widman (1982) 22 Sank S&on 3 of Stats.1983. C. 88 *4Not&thstan~ subdivkiion Govwnmcnt code. the other Pr continue to apply to pnrecdi kth the section before Jmupr~ tip shall not be aft&cd by m repePled section, added relating t0 wmmts t0 rCSCiU jnt0 new contracts an ~~~tm 07~” terms on Jan. I, 1985. Tl follows: “(e) Notwithstanding any ,ot a city or county, upon pctttim into en agreement to rescind a needy enter into s new mntrz land if the city or county make “(1) The uncontracted lend than the land subjsct to the co on the bctors spccitid in Set Tax&ion Cock. “(2) The uncontracted lane than the land subject to the will be used for s similar or use. “(3) ‘lb land subject to th proposed for an alternative w epp&able provisions of the c general plan designation of th amendment ta, or the adoptic land became subject ta that o “(4) The uncontracted Ian* within a contiguous body Of 1; the land subject to the cant dudes land previously undc 4 51267. Repealed by Iiktwkdpl The repealed section, wide relating to the amendment 0; $!80.1. Finding can0 developmel 51283. Cancellation 51283.5. Repealed. 51287. Recovery of Additiona 0 September 6, 1991 Ms. Aletha L. Rautenkranz City Clerk's Office City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Dear Ms. Rautenkranz: Enclosed please find two (2) executed original counterparts of the Notice of Non-Renewal for the land subject to Land Conservation Contract No. 76-l. Please note, as required under Section 51245 of the California Government Code, that delivery is made prior to the deadline (i.e., 90 days prior to January 1, 1992). If the Notice appears in order, we would appreciate it if you would send one (1) of the originals to the County Recorder's Office for recordation as soon as reasonably feasible to permit proper inclusion in the determination of tax liabilities for the forthcoming fiscal year. Please do not hesitate to call me if you have any questions or comments. for Carltas Company CCC/mrb Enc. cc: Ronald Ball, Assistant City Attorney 5600 AVENIDA ENCINAS . SUITE 100 . CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431-5600 FAX (619) 431-9020 . d 760 - RECORDING REQUESTED BY --FT-.T. WHEN RECORDED, r T .- ,- i_ I - _a .._-,. :. - . . .-. MAIL THIS INSTRUMENT TO: _/, ___ _(_ --. (,T. ;--.I.---‘i .. -r;*-; - . . :j ., 1 y, ;' : __ . .._ - -: i .-. -- :,:.i.,'r-Tr b ._ ,- __ ?.. ~p-..r-.-.- / i _. _ . . _ j :;v;z;.;? CITY CLERK -.- - ,.yn ---- 1 7 .- 1 _ - . - ; I :. ._ City of Carlsbad i v- i ,. i' /_li - : :> ! ; 1- 1200 Elm Avenue i- A; _: i Carlsbad, California 92008-1989 APN: 211-021-18, 19, 27, 28, 29; 211-010-25; 900-000-08, 09 ----a-------z----.-- SpJtC% ABOVE FOR F(ECORDER’S USE ---------m--m---- NOTICE OF NON-RENEWAL Agricultural Preserve 76-l NOTICE IS HEREBY GIVEN: WHEREAS, the undersigned Carltas Comoanv, a California Limited Partnership is the owner of that certain real property described in the attached Exhibit llA,tl a portion of which is subject to that certain Land Conservation Contract No. 76-l recorded March 1, 1976 , Document No. 059758, in the Office of the County Recorder of San Diego County, and WHEREAS, said owner desires a non-renewal to all properties subject to said Contract. of said Contract as .a. *y ‘i 1 : ! 3 J - . 2.. (‘5 v ., f .’ .1 . , - l NOW, THEREFORE, said owner does hereby declare its intent not to renew said Contract No. 76-l , effective January 1, 1992 as to all properties subject to said Contract. Dated: CAT. NO. NN00630 TO 1946 CA (g-84) (Partnership) 761 m TICOR TITLE INSURANCE COUNTY OF t before me, the undersigned, a Notary Public in and for Q4, r / : personally known to me or proved to me on the basis’of satisfactory evidence to be who executed the within instrument as of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature (This area for official notarial seal) 7E-- Exhibit "A" LEGAL DESCRI t"l' ION 'J?HE LAND REFERRED TO HEREIN IS SI'PUA'I'ED LN 'I'HE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOT "I-!" OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FTLED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUN’lTY, NOVEMBER 16, 1892, AS SHOWN ON RECORD OF SURVEY MAP NO. 12462, FILED DECEMBER 28, 1989 AS FILE NO. 89-704916 OF OFFICIAL RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER dF SAID RECORD OF SURVEY MAP _ NO. 12462; THENCE ALONG THE BOUNDARY THEREOF SOUl'tI 70'46'03" WEST 582.98 FEET (RECORD SOUTH 70*45'53" WEST 582.66 FEET) TO THE BEGINNING OF A TANGENT 1950 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAIL) CURVE THROUGH A CENTRAL ANGLE OF 21'23'39" A DISTANCE OF 728.13; THENCE TANGENT TO SAPD CURVE NORTH 87'50'18" WEST (RECORD NORTH 87"50'28" WEST) 2069.'f6 FEET TO THE INTERSECTION OF THE NOti'l'tlERLY LINE OF PALOMAR AIRPORT ROAD AND THE EASTERLY LINE OF PASEO DEL NOR'I'E AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 12462; 'THENCE CONTINUING ALONG THE BOUNDARY THEREOF, NORTH 2'09'22" EAS'L' 177.14 FEET (RECORD NORTH 2'09'37" EAST 177.29 FEET) TO THE BEGINNING OF A TANGENT 643 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG SATD CURVE THROUGH A CENTRAL ANGLE OF 79'59'43" A DISTANCE OF 897.71 FEET (RECORD 79'58'45", 897.56 FEET); THENCE TANGENT TO SAID CURVE NORTH 77'50'21" WEST 99.98 FEET (RECORD 100.00 FEET) TO TtiE BEGINNING OF A TANGENT 557 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY AND NORTHERLY ALONG SAlD CURVE THROUGH A CENTRAL ANGLE OF 55'20'50" A DISTANCE OF 538.07 FEET; THENCE TANGENT TO SAID CURVE NORTH 22'29'26" WEST 828.00 FEET (RECORD NORTH 22'29'10" WEST 828.02 FEET); THENCE NORTH 67'30'34" EAST 5.15 FEET (RECORD NORTH 67'30'50" EAST 5.20 FEET) TO THE BEGINNING OF A NON-TANGENT 25.00 FOOT RADIUS CURVE, A RADIAL LINE TO SAID POINT BEARS SOUTH 67'30'34" WEST (RECORD SOUTH 67'30'50" WEST); THENCE NORTHERLY, NORTHEASTERLY AND EASTERLY ALONG SAID CURVE TKROUGH A CENTRAL ANGLE OF 90'00'03" (RECORD 89'59'47") 39.27 FEET; THENCE TANGENT TO SAID CURVE NORTEi 67"30'37" EAST 410.18 FEET (RECORD 410.14 FEET) TO THE BEGINNING OF A TANGENT 336.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89'59'58" A DISTANCE OF 527.78 FEET (RECORD 89'59'59", 527.79 FEET); THENCE TANGENT TO SAID CURVE NORTH 22'29'21" WEST - 763 61.40 FEET (RECORD NORTH 22'29'22" WEST 61.33 k'h.1') TO 'rHE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE CONCAVE EASTERLY; ‘I’&IENCE NORTHERLY ALONG SAID CURVE 'I'HROUGH A CENTRAL ANGLE OF 33*55'23" A DISTANCE OF 5.92 FEET TO THE BEGINNING Oh' A REVERSE 10.7.50 FOOT RADIUS CURVE CONCAVE WESTERLY; 'r11ENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33'55'23" A DISTANCE OF' 63.65 FEET; THENCE TANGENT TO SAID CURVE NORTH 22'29'21" WEST 79.98 FEET (RECORD NORTH 22'29'22" WEST 80.00 FEET) TO THE BEGINNING OF A TANGENT 107.50 FOOT RADIIJS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33'55'23" A DISTANCE OF 63.65 FEET TO THE BEGINNING OF A REVERSE 10.00 FOO'r KADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33'55'23" A DISTANCE OF 5.92 FEET; THENCE TANGENT TO SAID CURVE NORTH 22'29'21" WEST 338.91 FEET (RECORD NORTH 22'29'22" WEST 338.85 FEET) TO TBE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE CONCAVE EAS'rERLY; THENCE NOR'I'BERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33'55'23" A DISTANCE 5.92 FEET TO THE BEGINNING OF A REVERSE 107.50 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A _ CENTRAL ANGLE OF 33'55'23" A DISTANCE OF 63.65 FEET; THENCE TANGENT TO SAID CURVE NORTH 22'29'21' WEST 79.96 FEET (RECORD NORTH 22'29'22" WEST 80.00 FEET) TO THE BEGINNING OF A TANGENT 107.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 't 33'55'23" A DISTANCE OF 63.65 FEET TO THE BEGINNING OF A REVERSE 10.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE Of? 33'55'23" A DISTANCE OF 5.92 FEET; THENCE TANGENT TO SAID CURVE NORTH 22'29'21" WEST 338.90 FEET (RECORD NORTH 22-29'22" WEST 338.85 FEET), TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33'55'23" A DISTANCE OF 5.92 FEET TO THE BEGINNING OF A REVERSE 107.50 POOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33'55'23" A DISTANCE OF 63.65 FEET; THENCE TANGENT TO SAID CURVE NORTH 22'29'21" WEST 79.96 f.>EET (RECORD NORTH 22-29'22" WEST 80.00 FEET) TO THE BEGINNING OF A TANGENT 107.50 FOOT RADIUS CURVE CONCAVE SOUTEiWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33'55'23" A DISTANCE OF 63.65 FEET TO THE BEGINNING OF A REVERSE 10.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF' 33-55'23" A DISTANCE OF 5.92 FEET; THENCE TANGENT TO SAID CURVE NORTH 22*29'21" WEST 234.47 FEET (RECORD NORTEi 22'29'22" WES'C 234.48 FEET) TO TEIE BEGINNING OF A TANGENT 264.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 63'41'03" A DISTANCE OF 293.44 FEET; THENCE TANGENT TO SAID CURVE NORTH 41'11'42" EAST 99.98 FEE?' (RECORD NORTH 41'11'41" EAST 100.00) TO THE BEGINNING OF A TANGENT 336.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE -2- . 34 THROUGH A CENTRAL ANGLE OF 29'4(J'.!'i" A DISTANCE OF 174.02 FEET (RECORD 29"40'24", 174.01 FEET); ‘T’IIlz:NCE TANGENT TO SAID CURVE NORTH 11'31'17" EAST 73.96 FEET (RECORD '74.00 FEET) TO 'I'fIE BEGINNING OF A TANGENT 25.00 FOo'l' HADIIJS CURVE CONCAVE SOUTHERLY; 'THENCE NORTCIERLY, NOH't'tlEASTERLY AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGIAE OF 89'53'58" (RECORD 90'00'00") A DISTANCE OF 39.27 FEET; ‘I’HENCE RADIAL TO SAID CURVE NORTH 11'31'15" EAST (RECORD NOR'rIf 11*3L'17" EAST) 51.00 FEET TO A POINT ON THE NORTH LINE OF 'L'HAT CER'I'AIN 423.512 ACRE PARCEL DESIGNATED AND DELINEATED AS TI11:: "CAHLTAS COMPANY" LAND ON SAID RECORD OF SURVEY MAP NO. 12462; 'L'tIENCE At<ONG SAID NORTH LINE SOUTH 78'28'45" EAST 1286.73 PEE'J' (RECORD SOUTH 78'28'43" EAST 1286.67 FEET) TO 'THE BEGINNING c.11,' A 'I'ANGENT 2000 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE I:AS'rEI?LY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6"24"jU" A DlSTANCE OF 223.96 FEET (RECORD 6'24'19", 223.59 FEET); ‘l’HENCE TANGENT TO SAID CURVE SOUTH 84'53'43" EAST 2170.86 FEET (RECORD SOUTH 84'53'03" EAST 2171.00 FEET) TO THE BEGINNING OF A TANGENT 2000 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EAS'I'ERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13'47'39" A DISTANCE OF 481.51 FEET (RECORD 13'48'19", 481.89 FEET); - THENCE TANGENT TO SAID CURVE NORTH 81'18'38" EAST 321.54 FEET TO A POINT ON THE EASTERLY LINE OF SAID RECORD OF SURVEY MAP NO. 12462; THENCE ALONG SAID EASTERLY LINE, SOUTH 0'03'30" WEST (RECORD SOUTH 0'30'59" WEST) 1465.21 FEET; THENCE NORTH 89"56'30" WEST 120.00 FEET; THENCE 'r. SOUTH 0'03'30" WEST 160.00 FEET; THE SOUTH 89'56'30" EAST 120.0'0 FEET; THENCE SOUTH 0'03'30" WEST (RECORD SOUTfi 0'03'59" WEST) 110.00 FEET; THENCE SOUTH O"O1'19" WEST 2333.28 FEET (RECORD SOUTf1 0'02'00" WEST 2332.51 FEET) TO THE POINT OF BEGINNING. -3- . l VINCENT F. BIONDO, JR. CITY ATTORNEY RONALD R. BALL ASSISTANT CllY ATTORNEY KAREN J. HIRATA DEPUTY CITY ATTORNEY CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008-1989 (619) 434-2891 FAX NO. (619) 720-9461 June 21, 1991 Monica R. Browning, Esq. Carltas Development Company 5600 Avenida Encinas, Suite 100 Carlsbad, California 92008 RE: LAND CONSERVATION CONTRACT NO. 76-l NOTICE OF NON-RENEWAL Dear Ms. Browning: Thank you for your fax transmittal of June 20, 1991, enclosing your form of the Notice of Non-Renewal for Land Conservation Contract No. 76-l which is approved as to form. The Notice of Non-Renewal may not apply to a portion of the land under contract without permission of the city council. Please file your Notice of Non- Renewal with the city clerk in accordance with the procedures and time limits set forth in Government Code Section 51245. I am sending a copy of your form of notice and fax transmittal to the city clerk for her information along with a reminder that the city must serve a copy of the Notice of Non-Renewal on the Director of Conservation within 30 days of its receipt. Should you have any questions regarding the above, please do not hesitate to contact me. Ve ruly yours, /z2 0.QJL-L RONALD R. BALL Assistant City Attorney afd c: City Clerk (with copy of fax transmittal) CARLTA8 DEVELOPMENT COMPANY Ron Ball, E8q. Juna 20, 1QDl City Attornmy‘m Offha city of Carlrbad ' 1200 Carlrbad Villagr Drive Carlsbad, California 92008 Rat Land Conmrvation Contraot No, 76-1 Dear Mr. ball: You may rroall our failure to dmlivrr brrform la& ymar’r ~. convwrationr lart month with rrrpaat to our the notice of nonrrnrwal to thr City Clrrk dradlinr, Without any furthrr- diraumrion on whothmr our drlivrry laot yrar to the Mayor and City Manager war l ffmativo or not, wa will radrlivrr thr notion of nonrrnmwal brtorr thir yaarfm dmdlinr, only thir tim to thm City Clark. Thr purport of thir lrttrr lr to have you rwiaw the l mlorrd form of notiar of nonranrwal WI intrnd to wmr If the form ir ratimfaatory, phase let mr know am moon am porriblr mo I aan arranqo itr drlivrry to thm City Clark, Than)c: you in advanao for your pronrpt arrirtano8 with thir raattor, Jery truly your8, MRBballL 5000 AVENIDA ENGINA ’ 8UITE 100 . DARLSBAD, CALIFORNIA WOO8 US-A. Z0 ‘d 1~19~43ld5~00 009S-TEP-6t9 ST:tt ‘16/01/90 - _ . . . 1 l , , EEt CITY city 1200 , I RECORDED, THIS INSTRUMENT TO? CLERK of Carlrbad Elm Avenue Carlrbad, California 92008-1989 APNl 211-021-U, 19, 26, 27, 28, 29) 211-010-25 NoTIm OF NON4WEWAL Agriaultural Pr8rarvr 76-l NOTICE IS HEREBY GIVEN; WHEREAS, thr undsrrlpnod w C-v 1 a B im thr owner of land drraribod under Contract No. 76-l rrcordrrd MaFoh 1. lpzd, Doaumrnt No. 059754, in tha Offioo of th8 County Rmaordrr of LSan Dirqo County, norm gartioularly daaoribod in thr attaohad iExhibit ItAn, and W?IEREAB, raid owner(r) darirr[r) a non-rmrwal of raid Contra& a8 to all proprrtirr rubjack to raid contra& NOW, THEREFORE, raid ownrr(r) do (doo8) hrrrby Uralarr thair intent not to rmnaw maid Contract No. u92 ma-d Contraat. am to sll progrrtimr rubjwt to -v , offaativr m ac?aliforniaLimitrU Datcrd: ..---. . . . . - I i STATE OF CAU~ODF$Uj COUNTY OF 0 on I June LO, 1991 - brlore ma, thr undrrrignod, a Notary Publie in and for raid Btakm, prrmonally appaarrd , Paul Eckr, Jr. garronally 'known to ma (or proved to mm on the barir of matirfaatory Ividenoe) to e instrument ar P Grnrrr ths prrron that l xruutclld tha within partnv WI t on brhalf of Carlrrr Comaj! Y ,thmrrin namsdn~ and acknowledged thr partnarrhfli; to am' that tha partnrrrhip l xeautrd it. WXTNESS my hand and offiaial real, Signature EB ‘d 009S-TEP-6T9 '03 stu1aw3 9T:TT T6/02/90 ---- v *;‘,.3 s : . . \ .I, I * .* . . I ‘. I ’ , * . l . II * 1 . * ’ # I’ " LEGAL UESCRXPTIQN ., ,. 4. ' a*, * * '. " , : 'I 1 Thai: portJonl,~F L0.t F, tol; I; and Lb't II 0.f .tlta' Rancho A&b Iledia~~da; . '* fn the County of Sun DIego, State of Cnlifornla, nccording to Map thereof No. 023'~~ Pile in the OfWcq of,tlia County Recorder bf said - County lyiq9 Northerly al: Road Suri)ey No. l!i34 (Pn‘lomar Airport Road) on ,fllo 111 the OtWce of the County Engineer,Of Shjd Counky and located ,, , within the following deschixd lIn9: 1 . ,' COMMENCING a,t Erlgjnehrs Stntibn $3+46.~i .BS ~hawn on snid Road Survey ' " No, 1534 (Pnlomar Rlrpokt Road); thence along the cer$erlfne of said Road Survey North D7P 50' 2D" West, 565.00 feet ~o'the TRUE POI'I'4T OF: BEGINPlING; thence 'leaving said cent'er7Jne North 12' 00' 00" bfest,'about , 2625.00 feet; ~tl~encs Swth 67" 30' 30" Nest, 13L.00 feet; thence North . G3* 05'. 00" blest, 990.00 feet; thence South 67" XI', 30":\(lest, 1160.00 n feet to tin intors,ectlon WI Lh the blesterly line of land conveyed to l Corltas CorporaLIon; thence nlontJ said line North 22O6'35 15" tlesi;, n,bouL 27413.00 ,Peet to ~~~!itlLorsoctIon VI+ th thee CentorlinC? of Cdnnon Road, shId 4n.Lsrseckion being the Northwestarly"corner of land conveyed ' to Cnrl,tas CorporaLion; thcr~~a cot&lnuIng ol,onp P ConvCx curve Mth a redfur of 1000.00 Poet, a,b~irl: 290.00 feet,(sa!d radius being the Easterly axtansfon 01" the centerl.ine ol: Cunnon'Road and a' partIon of the Nartherlv * . I _. -1, I’ .* ‘. EXl!IBIT A. I I * . ' a’ ’ . # l-lne OF land cqnveyed td, Carl~ns Corpuratl~n);.ttience continuing along 'said Northerly line So~W~79* D5' SO"'Enst, 20G7.22 feet to the beglnnfng of a'concave curve with a radhs of 2000.00 .feet; thence nlonq said curve, 232.99,Foet ,to the end of snid cube; thence South 05" 28' 16" East, :': ,' ~l!%Iii~ ,feet to the begItmlng .oP B concave curve dth, a rodlus of 2000,oo ,faet; thence continuing along said curve,' 4Dl.59 fnet: ta. ,the end of 'said ., ,curve: thence North DO' 43' 25" East, 321,54,foet to the Northeasterly" corner of lancl convey&d to Carltas Corpora,tion; thence along the Easterly lisle of safd conveyed lnnd SoWIt O" 32' DQ" EaSt,'4003+00 Peetsta an . Intarsectlon wfth the centerl ine a~' said Road Survey No. 1534 (Pnlomar Ah-port Road); thence along+aid cerrLarline SoMk70" 45' 53" West, 515.1E3 feet to the beginning 0P a convex curve with El ratlfus of 2000,DO Feet; thence contfnutbg.: along sdiA curve, 746.79 feat to the end of said curve; thence along said centarline Tlorth a7@ 60' 28" Plest, 620.00 feet to the TRUE' POINT OI: BEGINNIFIG. , . '. . * I * P PQ ‘d : I ' .' . s _* -I- 009S-TEP-6t9 ‘03 stJ11tlw3 LIT :T.t T6j0.990 May 2, 1991 Carltas Corporation 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 ATTN: Christopher C. Calkins RE: LAND CONSERVATION CONTIWCT AGRICULTURAL PRESERVE NO. 76-l On April 25, 1991, I received a partial copy of a document titled “Notice of Non-Renewal” for the above referenced contract. After reviewing the terms of the contract with our City Attorney’s Office, t have been advised to notify you that the notice has not yet been served on the City. If you would like to file a notice with an effective date of January 1, 1992, you need to prepare and file the original notice with the City Clerk’s Office. In addition, if you desire an effective date of January 1, 1992 the notice should be filed with the City Clerk’s Office no later than a,o( September 23, 1991. If you have any questions concerning this matter, please call me at 434-2809. LR:lc cc: Ron Ball, Assistant City Attorney 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-2808 @ c .L . WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 APN: 211-021-18, 19, 26, 27, 28, 29; 211-010-25 SPACE ABOVE FOR RECORDER'S USE NOTICE OF NON-RENEWAL Agricultural Preserve 76-l NOTICE IS HEREBY GIVEN: WHEREAS, the undersigned Carltas Comoanv, a California Limited Partnership is the owner of land described under Land Conservation Contract No. 76-l recorded March 1. 1976 , Document No. 059758, in the Office of the County Recorder of San Diego County, more particularly described in attached Exhibit "AIV, and; WHEREAS, said owner(s) desire(s) a non-renewal of said contract as to all properties subject to said contract. NOW, THEREFORE, said owner(s) do (does) hereby declare their intent not to renew said Contract No. 76-1 effective as to all properties subject to said con&act. Januarv 1, 1991 - - * -.-e-2, rimited STATE OF CALIFORNIA COUNTY OF SAN DIEGO ; ss. 1 On 2 na.b.1 : September 25,199O ruuA~~ in and for said Stat:, before me, the undersigned, a Notary falkins personal1 eared fhri ctn.pher C. basis of satisfa proved to me on the son that executed t . . “I(. ._. ._ c- 4 ’ 1 ‘.<3. *I ,/ , _ .+ - ’ . - t; ij . . 2190 I .a ’ i . ,. , .’ : ‘. l .- , ! ORDER NO. 937263-15 a ; LEGAL DESCRIPTION - Carlsbad Ranch i. I' , . 'HE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF :ALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: . *-.&a . ’ . I 'ARCEL '1: , # 1 ‘HAT PORTION OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY : ,F SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP Np. 923, FILED IN :HE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 16, 1896, JESCRIBED AS FOLLOWS: . I .: JEGINNING AT THE INTERSECTION OF THE NORTHERLY BOUNDARY OF LOT "H" OF 3AID RANCH0 AGUA HEDIONDA WITH THE CENTER LINE OF THE 100.00 FOOT iIGHT OF WAY GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED. \UGUST 30, 1935 IN BOOK 432, PAGE 60 OF OFFICIAL RECORDS BY DOCUMENT 10. 46278 IN A PORTION OF SAID NORTHERLY BOUNDARY OF LOT "H" BEARING SOUTH 78'03' EAST l149.32 FEET (RECORD 1148.08) AND NORTH 72'21'30" 3AST 2036.33 FEET (RECORD NORTH 72'24 ' EAST 2036.30 FEET) FROM CORNER NO. 1 OF SAID RANCH0 AGUA HEDIONDA, ACCORDING TO LICENSED SURVEY MAP 30. 173 FILED IN THE OFFTCE OF THE COUNTY RECORDER OF SAID COUNTY, DECEMBER '16, 1913; THENCE SOUTHEASTERLY ALX)NG SAID CENTER LINE OF RIGHT OF WAY 6664.92 FEET TO ENGINEER'S STATION 334 PLUS 79.00 AS SHOWN ON THE MAP OF SAID 100.00 FOOT HIGHWAY RIGHT OF WAY OF ROAD XI- SD-2-B ON FILE IN THE OFFICE OF THE DISTRICT STATE HIGHWAY ENGINEER, . SAID ENGINEER'S STATION 334 PLUS 79.00 BEING IN THAT COURSE OF SAID CENTER LINE OF RIGHT OF WAY HAVING A BEARING OF SOUTH 30'38'50" EAST (ACCORDING TO SAID HIGHWAY MAP AND ACCORDING TO SAID BOOK 432, PAGE 60, THE BEARING IS RECORDED AS SOUTH.30.43'30" EAST); THENCE NORTH 59'21'10" EAST 1097.36 FEET TO THE CENTER LINE OF THE RIGHT'OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AS SAID RIGHT OF WAY IS DESCRIBED IN DEED RECORDED MARCH 10, 1881 IN BOOK 38, PAGE 171 OF DEEDS: THENCE ALONG SAID CENTER LINE OF RAILWAY RIGHT OF WAY NORTH 23'06' WEST 962.84 FEET; THENCE LEAVING SAID CENTER LINE NORTH . 66'54'10" EAST 1770.00 FEET TO THE*MOST WESTERLY CORNER OF THAT LAND DESCRIBED IN PARCEL 2 OF DEED TO PAUL ECKE AND WIFE, RECORDED APRIL 1953'AS DOCUMENT NO. 51682 IN BOOK 4821, PAGE 209 OF OFFICIAL:. ZORDS BEING THE TRIBE POINT OF- BEGINNING; THENCE ALONG THE EASTERLY' AND NORiHEASTERLY LINE OF SAID LAND AS FOLLOWS: . :a ’ ’ _. 1 :. . 3 ! *. * . .I L. . SOUTH 85'28'16" EAST 770.00 FEET: SOUTH 23'05'05" EAST 282.14 FEET!. SOUTH 85'28'16" EAST 2802.96 FEET; AND SOUTH 23.05'05" EAST 325.77,. FEET TO THE NORTHERLY LINE OF THAT PARCEL OF L&ND DESCRIBED IN DEED, TO PAUL ECXE AND WIFE RECORDED APRIL 29, 1948 AS FILE NO. 43669 INI ' .: BOOK '2778 PAGE 348 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY, !. LINE NORTH 80*d3'25" EAST TO THE EASTERLY BOUNDARY OF THAT LAND : DESCRIBED IN DEED TO SAN DIEGO COUNTY WATER COMPANY. RECORDED JUNE 17, '. ' .' PAGE b,l * . Exhibit "A" . . ‘y??I’h, . & .$’ $*, . * ., . * ** . . . . . .,_.:,* ’ *a. 3.’ * :2&r: l , , l ..:i’ e . ;. .- ** . .’ 2191 - ORDER NO. 937263-15 1940 AS FILE 'NO. 28815 IN BOOK 1035, PAGE 301 OF OFFICIAL RECORDS; THENCE AmNG SAID EASTERLY LINE SOUTH 0'32' EAS,T 4855.00 FEET MORE OR LESS, TU THE SOUTHEASTERLY CORNER THEREOF: THENCE ALONG THE SOUTHERLY l LINE THEREOF SOUTH 89'59' WEST TO A LINE WHICH BEARS SOUTH 23'05'05"' EAST FROM THE TRUE POINT OF BEGINNING, SAID LINE BEING THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID PARCEL 2 OF ECKE LAND ABOVE DESCRIBED: THENCE NORTH 23'05'05" WEST ALONG SAID PROLONGATION AND :\ SAID WESTERLY LINE TO THE TRUE POINT OF BEGINNING. i EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCELS 1 AND 2 OF PARCEL MAP NO. 11284, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, '1981 AS FILE NO. 81-145557 OF OFFICIAL . RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE NORTHERLY BOUNDARY OF PALOMAR AIRPORT ROAD AS DESCRIBED IN DEED TO, . THE CITY OF CARLSBAD, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 7, 1959 IN BOOK 8030, PAGE 216 OF OFFICIAL RECORDS. 9 ' ALSO EXCEPTING 'THEREFROM THAT PORTION LYING' NORTHERLY OF THE FOLLOWING DESCRIBED LINE: I '.. BEGINNING AT THE INTERSECTION OF THE NORTHERLY BOUNDARY OF LOT "H" OF SAID RANCH0 AGUA HEDIONDA WITH THE CENTER LINE OF THE 100 FOOT RIGHT OF WAY GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 30, 1935 IN BOOK 432, PAGE 60 OF OFFICIAL RECORDS BY DOCUMENT NO. 46278, IN A PORTION OF SAID NORTHERLY BOUNDARY ‘OF U)T "H" BEARING SOUTH 78'03' EAST .1149.32 FEET (RECORD 1148.08 FEET) AND NORTH 72'21'30" EAST 2036.33 FEET (RECORD NORTH 72'24! .EAST 2036.30 FEET) FROM CORNER NO. (1) OF SAID RANCH0 AGUA HEDIONDA, ACCORDING TO LICENSED SURVEY MAP NO. 173, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 16, 1913; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE OF RIGHT OF WAY 6,664.92 FEET TO ENGINEER'S STATION 334 PLUS 79.00 AS SHOWN ON THE MAP OF SAID 100 FOOT HIGHWAY RIGHT OF WAY OF ROAD XI-SD- 2-B ON *FILE IN THE OFFICE OF THE DISTRICT STATE HIGHWAY ENGINEER; SAID ENGINEER'S STATION 334 PLUS 79.00 BEING IN THAT COURSE OF SAID CENTER!LINE OF RIGHT OF WAY HAVING A BEARING OF SOUTH 30.38'50" EAST (ACCORDING TO SAID HIGHWAY MAE AND ACCORDING TO SAID BOOK 432, PAGE' 60, THE. BEARING IS RECORDED AS SOUTH '30'43'30" EAST); THENCE SOUTH 59'21'10" WEST TO THE ORDINARY MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN AND THE TRUE POINT OF BEGINNING; THENCE RETRACING NORTH ,59*21'10!' EAST TO SAID ENGINEER'S STATION 334 PLUS 79.00 IN SAID CENTER LINE OF HIGHWAY RIGHT OF WAY; THENCE CONTINUING NORTH 59.21'10" EAST 1097.36 FEET TO THE CENTER LINE OF THE RIGHT OF WAY OF THE ATCHISON TOPEKA AND SANTA.FE RAILWAY COMPANY AS SAID RIGHT OF WAY, IS DESCRIBED IN-DEED RECORDED MARCH 10, 1881 IN BOOK 38, PAGE 171 OF DEEDS; THENCE. ALONG SAID CENTER LINE OF RAILWAY,RIGHT OF WAY NORTH' .' 23'06' WEST 962.84 FEET1 THENCE LEAVING SAID CENTER LINE NORTH . PAGE ',:2 * I ’ _ .- Exhibit "A" . ,' I . :a II . I. L :: I’ 9 !. *. ;; ,’ r I I I’ I . , * j * I , : *’ : : t i a,. ,: ,. . i .‘). , ! ’ I ; I’ : . . . I ! I ;, . l ’ .’ . a: * *\. - 4, , ’ ‘I (‘, ’ . . . ,.mm:*:a&* I. + ’ * . l y; --a . . *,#A’ f,. . -- .:- ‘* . - 2192 . ORDER NO. 937263-15 5.54'10" EAST 1770 FEET; THENCE SOUTH 23'05'05" EAST 1485:87 FEET TO i(E POINT OF BEGINNING OF SAID LINE; THENCE NORTI! 80'43'25" EAST TO I1E EASTERLY BOUNDARY OF SAID LAND DESCRIBED IN SAID DEED TO SAN l IEGO COUNTY WATER COMPANY IN. BOOK 1035, PAGE 301 OF OFFICIAL ECORDS, SAID POINT BEING THE POINT OF TERMINUS. XCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: * .P. EGINNING AT POINT 9 OF LOT "F" AS'SHOWN ON SAID PARTITION MAP Nb. 23, SAID POINT 9 BEING A POINT IN THE EASTERLY BOUNDARY COURSE OF AID LOT "H" CONNECTING POINTS 13 OF Y&T "G" AND POINT 8 OF LOT “F” .S SHOWN ON SAlD MAP NO. 823; THENCE NORTH 0.07'28" EAST ALONG THE :AID EASTERLY BOUNDARY COURSE OF SAID WT "H" 110.00 FEET TO THE TRUE 'OINT OF BEGINNING; THENCE CONTINUING NORTH 0'07'28" EAST AWNG SAID :ASTERLY BOUNDARY COURSE 160.00 FEET; THENCE LEAVING SAID BOUNDARY :OURSE NORTH 89'52'32" WEST 120.00 FEET1 THENCE SOUTH 00'07'28" WEST -60.00 FEET; THENCE SOUTH 89'52'32" EAST 120.00 FEET TO THE TRUE ?OINT OF BEGINNING. ZARCEL 2:' , ' L'HAT PORTION OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY IF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 823, FILED IN NE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 16, 1896, JESCRIBED AS FOLWWS: . . BEGINNING AT THE SOUTHEASTERLY CORNER OF CARLSBAD TRACT NO. 72-3 ACCORDING TO MAP THEREOF NO. 7492 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE ALONG AN EXISTING PROPERTY LINE SOUTH 22'29'22" EAST A DISTANCE OF 1,426.93 FEET TO THE POINT OF INTERSECTION OF SAID LINE WITH THE NORTHERLY LINE OF THAT PUBLIC ROAD EASEMENT GRANTED BY PAUL ECKE AND MAGDALENA ECKE TO THE CITY OF CARLSBAD BY INSTRUMENT RECORDED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY NOVEMBER 30, 1972, FILE PAGE 320457, BOOK 1972, SAID POINT OF INTERSECTION BEING ON THE ARC OF A 643 FOOT RADIUS CIRCULAR CURVE CONCAVE SOUTHWESTERLY, A RADIA& LINE OF SAID POINT BEARS NORTH 10'00'57" EAST; THENCE WESTERLY ALCNG SAID CURVE AND SAID NORTHERLY LINE THROUGH A CENTRAL ANGLE OF 4'39'15" FOR AN ARC DISTANCE OF 52.23 FEET; THENCE CONTINUING ALONG SAID LINE NORTH 84'38'18" WEST A DISTANCE 'OF 239.30 FEET TO THE BEGINNING OF 557 FOOT RADIUS TANGEN,T.j CIRCULAR CURVE CONCAVE EASTERLY; THENCE NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 88'08'18" FOR AN ARC DISTANCE OF 856.83 FEET: THENCE NORTH 3.30'00" EAST A DISTANCE OF 296.12 FEET TO THE BEGINNING OF A 643' FOOT RADIUS TANGENT CIRCULAR CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25'59'22" FOR AN ARC DISTANCE OF 291.67 FEET; THENCE, NORTH 22'29'22" WEST A DISTANCE OF 4.38 FEET TO THE SOUTHERLY LINE OF SAID CARLSBAD TRACT 72-3; THENCE NORTH 67'30'38" EAST AmNG ,SAID SOUTHERLY LINE A DISTANCE OF 302.39 FEET TO THE POINT OF BEGINNING. : It 1.. . . :i '; * : , ’ * . . . . PAGE j3 Exhibit "A" ’ . . 1 ‘a ‘1’. 4, 5 . , C’ . . . /‘ . : .I a . -., / ’ . ,, l - 3 4 5. * .N 2193 . x : 4:: .-% .#*e T -. w’ . ’ ORDER NO. 937263-15 PARCEL 3: ALL THAI’ PORTION OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CA&BAD, IN l THE COUNTY OF-SAN DIEGO, STATE CF. CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, SITUATED WITHIN THAT PORTION THEREoF DESCRIBED IN DEED TO SAN DIEGO COUNTY WATER COMPANY, RECORDED JUNE 17, 1940 IN BOOK 1035, PAGE 301,OF OFFICIAL RECORDS BY DOCUMENT NO. 28815, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF A LINE WHICH IS PARALLEL WITH AND DISTANT 2000 FEET AT RIGHT ANGLES SOUTHERLY FROM THE SOUTHERLY LINE OF BLOCK "V" OF PALISADES NO. 2, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 25, 1924, THE BEARING OF WHICH PARALLEL LINE AND ITS WESTERLY PROIX)NGATION THEREOF IS-RECORDED AS NORTH 72'25' EAST ON SAID MAP OF PALISADES NO. 2, WITH THE WESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AS SAID RIGHT OF WAY WAS ESTABLISHED ON SEPTEMBER 22, 1948, SAID POINT OF BEGINNING BEING ALSO THE MOST,NORTHERLY CORNER.OF THE LAND DESCRIBED IN THE DEED FROM W. D. CANNON, ET AL, TO THE SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION, RECORDED OCTOBER 8, 1948, IN BOOK 2974, PAGE 493 OF OFFICIAL RECORDS; THENCE SOUTHERLY AU)NG SAID WESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A DISTANCE OF 2755.18 FEET; THENCE PARALLEL WITH A PORTION OF THE SOUTHERLY BOUNDARY OF THE JACOBSEN LAND HEREINAFTER DESCRIBED NORTH 66'54'10" EAST 50 FEET TO THE CENTER LINE OF SAID ' 'RAILWAY RIGHT OF WAY I THENCE ALONG SAID CENTER LINE SOUTH 23'06' EAST, 60 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF THE LAND DESCRIBED IN QUIT CLAIM DEED FROM PAUL ECKE, ET UX, TO GROVER C. JACOBSEN, ET AL, RECORDED APRIL 29, 1948, AS FILE NO. 43667 IN BOOK 2770, PAGE 341 OF .OFFICIAL RECORDS: THENCE AIX)NG SAID SOUTHERLY BOUNDARY OF SAID L&ND SO DESCRIBED, NORTH 66.54'10" EAST, 1770 FEET TO A SECOND ANGLE POINT IN SAID BOUNDARY AND THE TRUE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED SAID TRUE POINT OF BEGINNING BEING ALSO DESIGNATED AS POINT “A” IN A DEED FROM W. D. CANNON TO SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED IN BOOK 4722, PAGE 350 OF OFFICIAL RECORDS; THENCE FROM SAID TRUE POINT OF' BEGINNING. AI&NG A PORTION OF THE SOUTHWESTERLY BOUNDARY OF THE ABOVE DESCRIBED JACOBSEN-LAWD SOUTH 23'05'05" EAST 1485.87 FEET,TO A THIRD* ANGLE POINT IN THE BOUNDARY OF THE ABOVE DESCRIBED JACOBSEN LAND; THENCE NORTH 80'43'25' EAST AIX)NG THE SOUTHERLY BOUNDARY OF THE SAID JACOBSEN LAND 3260.20 FEET; THENCE LEAVING SAXD SOUTHERLY BOUNDARY NORTH 23.05'05" WEST A DISTANCE OF 325.77 FEET; THENCE NORTH 95'29'16" WEST A DISTANCE OF 2802.96 FEET3 THENCE NbRTH 23.05'05" WEST A DISTANCE OF 284.14 FEETt THENCE NORTH 85'26'16" WEST A DISTANCE OF 770 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF LOT If OF SAID MAP.NO. 823 DESCRIBED AS FOLlBWS: PAGE ;;4 Exhibit "A" . . . , -. . I’ b *\ i i. t , Gy.4, 1. c* :*. * ‘. ,,J.‘, - .‘I- ‘a .I % .;* ‘Oil; , l f’ , ‘*A* *. l . . . . 2194 ORDER NO. 937263-15 IMMENCING ‘AT THE CORNER COMMON TO LOTS "F", "II", AND "I" OF SAID WCHO AGUA HEDIONDA, ACCORDING TO SAID MAP i40. 8231 THENCE SOUTI( l ’ '34'51" EAST ALONG THE WESTERLY* LINE OF LOT "F", BEING AMO, THE ZSTERLY BOUNDARY OF THE LAND, DESCRIBED IN DEED TO SAN DIEGC GAS AND iECTRIC COMPANY, REGISTERED JUNE 16, 1953 AS TORRENS AS FILE NO. '3674, .IN THE OFFICE OF THE REGISTRAR OF LAND TITLES, FOR SAN DIEGO 3UNTY,* A DISTANCE OF 1318.39 .FEETf 'THENCE NORTH 89'28'00" EAST, LONG-THE SOUTHERLY BOUNDARY LINE OF SAID SAN DIEGO GAS AND ELECTRIC OMPANY'S LAND, A DISTANCE OF 1865.00 FEET TO CORNER NO. 9, OF SAID OT ‘IF” , OF MAP NO. 823; THENCE SOUTH 0'32'00 " EAST, ALX)NG THE COMMON ,OUNDARY LINE OF IATS OF” AND "H", BEING 'THE EASTERLY LINE OF SAID AN DIEGO GAS AND ELECTRIC COMPANY'S LAND, DESCRIBED IN BOOK 4456, 'AGE 49, A DISTANCE OF 625 FEET, MORE OR LESS, TO THE SOUTHEASTERLY :ORNER OF THE LAND DESCRIBED IN QUITCLAIM DEED FROM PAUL ECKE, ET UX, :O GROVER C. JACOBSEN, ET AL, RECORDED APRIL 29, 1948, AS FILE NO. 13667, IN BOOK 2778, PAGE 341 OF OFFICSAL RECORDS; THENCE SOUTH 10'43'25" WEST, ALONG THE SOUTHERLY BOUNDARY LINE OF SAID SAN DIEGO , ' " :AS AND ELECTRIC COMPANY'S LAND, DESCRIBED IN BOOK 4456, PAGE 49, A 3ISTANCE OF 321.54 FEET TO A'POINT IN SAID SOUTHERLY BOUNDARY LINE ;AID POINT BEING THE TRUE POINT OF BEGINNING OF THE IAND HEREIN IESCRXBED IN PARCEL 1; THENCE FROM SAID TRUE POINT OF BEGINNING, ZONTINUING SOUTH 80'43'25" WEST, ALONG THE SOUTHERLY LINE OF SAID SAN DIEGO GAS AND ELECTRIC COhPANY'S LAND, A DISTANCE OF 1451.85 FEET TO AN ANGLE POINT IN SAID SAN DIEGO GAS-AND ELECTRIC COMPANY'S BOUNDARY LINE; THENCE NORTH 23.05'05" WEST, ALONG SAID SAN DIEGO GAS AND ELESTRIC COMPANY'S BOUNDARY LINE, A DISTANCE OF 325.77 FEET TO AH ANGLE POINT THEREIN, SAID ANGLE POINT BEING HEREINAFTER KNOWN AND DESIGNATED AS POINT “A” THENCE FROM SAID POINT "A", SOUTH'85'28'16" EAST, A DISTANCE OF 1083.64 FEET.TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF~2000.00 FEET; THENCE EASTERLY, AmNG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 13'48'19" A DISTANCE OF 481.89 FEET TO THE TRUE POINT OF BEGINNING. ALSO TOGETHER WITH THAT PORTION OF SAID LOT H DESCRIBED AS FOLflOWS: . COMMENCING AT Ati ANGLE POINT IN THE BOUNDARY LINE OF SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND DESCRIBED ABOVE AS POINT “A”1 THENCE FROM SAID’ POINT “A”, NORTH 85'28'16" WEST AI&NG THE SAID BOUNDARY.;. LINE OF SAN DIEGO GAS AND ELECTRIC CCMPANY'S LAND, A DISTANCE OF-' 1074.05 FEET TO A POINT IN SAID-BOUNDARY LINE, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED IN PARCEL 21 THENCE FROM SAID TRUE POINT OF BEGINNING OF PARCEL 2, CONTINUSNG NORTH 85'28'16" WEST ALX)NG SAID SAN DIEGO GAS AND ELECTRIC COMPANY’S BOUNDARY LINE, A DISTANCE OF 1755.91 FEET TO AN ANGLE POINT IN SAID SAN DIEGO GAS AND ELECTRIC COMPANY@6 BOUNDARY LINE8 THENCE NORTH 23'05'05" WEST ALONG SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S BOUNDARY LINE, A DISTANCE OF 216.63 FEET; THENCE LEAVING SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S BOUNDARY LINE, SOUTH 79'05'50" EAST, A DISTANCE OF 1617.28 FEET TO THE BEGINNING OF A TANG&NT CURVE PAGE $5 Exhibit "A" . 4. .' . ; I . i . ,Y’ ‘I* 1 ? , _- . . . e *- ‘C’. ‘t a*‘,. 1 i-f 2. 4 $I>*..: * T;‘* .;. $- ;‘* dam.* i -. . l . . ORDER NO. 937263-15 ! :ONCAVE NORTHERLY, HAVING A RADIUS OF 2000.00 FEET; THENCE EASTERLY \LX)NG THE ARC OF SAID CURVE, THROUGH A CONTROL ANGLE OF 6'22'26", A . JISTJWCE OF 222.49 FEET TO THE TRUE POINT OF BiGINNING. . . XCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: ZOMMENCING AT THE CORNER COMMON TO, LOTS. "F", "H" AND "I" OF SAID RANCHO:'AGUA HEDIONDA, ACCORDING TO SAID MAP NO. 823; THENCE SOUTH / 3'34'51" EAST, ALONG THE WESTERLY LINE OF SAID LQT "F", DESCRIBED IN DEED TO SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED IN BOOK 5055, PAGE 447 OF SAID OFFICIAL RECORDS, A DISTANCE OF 1316.39 FEET; TIiENCE - EIORTH 89'28'00" EAST, ALONG THE SOUTHERLY' BOUNDARY LINE OF SAID SAN, 3IEGO GAS AND ELECTRIC COMPANY'S LAND, DESCRIBED IN BOOK'5055 AT PAGE L 447, A DISTANCE OF 1865.00 FEET TO CORNER NO. 8 OF SAID LOT "F" OF MAP 823: THENCE SOUTH 0'32'00" EAST, ALONG THE COMMON BOUNDARY LINE .'v OF WTS “F” AND "H", BEING THE EASTERLY LINE OF SAID SAN DIEGO GAS * a AND ELECTRIC COMPANY'S LAND DESCRIBED IN BOOK 4456, PAGE 49, A . DISTANCE OF 625 FEET, MORE OR LESS, TO THE SOUTHEASTERLY CORNER OF : THE LAND DESCRIBED IN QUITCLAIM DEED FROM PAUL ECKE ET UX, TO GROVER C. JACOBSEN ET AL, RECORDED APRIL 29, 1948 AS FILE NO. 43667 IN BOOK 2778, PAGE 341 OF OFFICIAL RECORDS: THENCE SOUTH 80'43'25" WEST ALONG THE BOUNDARY LINE OF SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND ,DESCRIBED IN BOOK 4456 PAGE 49, A DISTANCE OF 1773.39 FEET TO AN ANGLE POINT THEREIN; THENCE NORTH 23.05'05" WEST, ALONG SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S LINE, A DISTANCE OF 325.77 FEET TO AN ANGLE POINT THEREIN: THENCE NORTH 85'28'16" WEST, ALONG SAID BOUNDARY LINE OF SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND, A DISTANCE OF 2802.96 FEET TO AN ANGLE POINT THEREIN; THENCE NORTH 8; . 23'05'05" WEST, ALONG SAID BOUNDARY LINE OF SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND, A DISTANCE OF 216.63 FEET TO A POINT IN SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S.BOUNDARY LINE, WHICH SAID POINT IS THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING NORTH 79'05'50" WEST, A DISTANCE OF 449.94 FEET TO THE BEGINNING, OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1000.00 FEET; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY AWNG .THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF. 34'00'00", A DISTANCE OF 593.41 FEET TO A POINT OF'CUSP, SAID POINT OF CUSP BEING .*' THE INTERSECTION WITH THE SOUTHEASTERLY BOUNDARY LINE OF THAT CERTAIN PORTION: OF SAID LX)T "H".DESCRIBED I,N DEED TO SAN DIEGO GAS AN!?. ELECTRIC COMPANY RECORDED JANUARY 21, 1953 IN BOOK 4722;PAGE 350 *OF' SAID OFFICIAL RECORDS AS FILE NO. 9010; THENCE FROM SAID POINT OF cusp NORTH 66'54'10" EAST ALONG SAID SOUTHEASTERLY BOUNDARY LINE OF I SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND DESCRIBED IN BOOK 4722, PAGE 350, A DISTANCE. OF 250.00 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY BOUNDARY LINE OF SAID SAN DIEGO GA6 AND ELECTRIC COMPANY'S LAND DESCRIBED IN BOOK 4456, PAGE 49; THENCE SOUTH 85.28'16" EAST ALONG SAID SOUTHERLY BOUNDARY LINE, A DISTANCE OF 770.00 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID BOUNDARY LINE OF’ SAN DIECO GAS AND ELECTRIC COMPANY'S LAND SOUTH PAGE U:6 Exhibit "A" i . . _’ . . 2’196, ii ij . , 11 ‘: Ji -‘: 4’ b P. ORDER NO. 937263-15 b !3*05'05" 'EAST, A DISTANCE OF 65.51 FEET TO THE TRUE POINT OF I 3EGINNlNIS;. i . ; ; *I?* . . I- L Excepting from said Parcels 1, 2, kkd 3 above all that portion of ‘Carlsbad, County of San Diego, State of California according to map thereof ;, > No. 12242 recorded in office of County Recorder of San Diego County October 28, 1988.. 7. I I . , / : ’ . I . . . i . . - * . . . . i PAGE if7 * Exhibit "A' November 6, 1990 TO: Assistant Planning Director FROM: City Attorney CARLTAS NOTICE OF NON-RENEWAL (WILLIAMSON CONTRACT) Thank you for sending me a copy of your memorandum to the Community Development Director of October 31, 1990. On the second page, you mention that you have requested this office to send information regarding theprocedures for administering the non-renewal process. Attached to this memorandum, please find copies of this information which we have previously supplied. Should you have any questions regarding the above, please do not hesitate to contact me. RONALD R. BALL Assistant City Attorney rmh attachments , f . .’ . OCTOBER 15, 1990 TO: CITY MANAGER FROM: City Attorney . NON-RENEWAL NOTICE OF LAND CONSERVATION CONTRACT/CARLTAS COMPANY Attached is a letter from Christopher Calkins to Mayor Lewis on behalf of Carltas Company which you sent to our office for review. The Carltas Company sent us a Notice of Non-Renewal of Land Conservation Contract No. 76-1, pursuant to Government Code Section 51245. The statute requires written notice to be served on the City by the landowner at least 90 days prior to the renewal date, which in this case is January 1, 1991. Section 51245 requires the City to deliver a copy of the Notice of Non-Renewal to the Director of Conservation within 30 days after receipt or service of the notice. Also, within 30 days of expiration of the contract, the City must deliver a Notice of Expiration to the Director of Conservation. According to Government Code Section 51246, the existing contract remains in effect for the balance of the contract period and the Notice of Intent does not change any of the contractual terms. Mr. Calkins creates some confusion because his letter states: "This notice also does not affect the continued cultivation and preservation of the flower fields area to which we agreed last y-r I and which we anticipate will be incorporated in the Specific Plan being developed for the Ranch." In contrast, the Notice of Non-Renewal states that it is "as to all property subject to said contract." The llflower field area" to which Mr. Calkins refers, could be interpreted as the *@new contract land" shown in Exhibit '@A" of the second amendment to the land conservation contract, dated September 23, 1988 which is attached. It is possible to serve Notice of Non- Renewal on a portion of the land covered by the contract, if the City Council authorizes the owner to do so. The intent of the landowner should be clarified in writing. The landowner has requested that the City record the Notice of Non- Renewal. The Notice of Non-renewal is not required by statute to be recorded at the county recorder's office but, there is no harm in doing so. If you have any more questions, please do not hesitate to contact me. KAREN 3. BIRATA Deputy City Attorney afd c: Community Development Director , .d , . . . - - . ’ CRRllFIJ a5 COrnPAnY September 26, 1990 .Mayor Claude Lewis City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 ,,;/zz+,\ ,’ ,’ ,z .; y. li .)’ _. -,’ s $4 -$q. -- + ‘\ %,, &i$ .i-. -. w . Q/P; ‘?. f,: k -\ d‘i-, -,< .\ _ ‘-- 4 P. ,. i ,.d .- Dear Mayor Lewis: Delivered with a copy of this letter to Raymond Patchett, is an original Notice of Non-Renewal providing for our notice of intent to not renew the Williamson Contract for the Carlsbad Ranch. This, of course, does not cancel or terminate the contract, but rather starts the period for termination. It also does not affect our use of the land and we have no current It also does not affect our use of the land and we have no current intention of ceasing our farming activities. intention of ceasing our farming activities. However, However, at the end at the end of the lo-15 year period when the contract expires, conditions may of the lo-15 year period when the contract expires, conditions may be significantly different and some changes in the use of land may be significantly different and some changes in the use of land may be appropriate. be appropriate. Our primary concern is maintaining some flexibility in the manner in which our farming operations can'continue over the long-term. We do not believe this flexibility is enhanced today by the Williamson Contract. This notice also does not affect the continued cultivation and preservation of the flower field area to which we agreed last year, and which we anticipate will be incorporated in the Specific Plan being developed for the Ranch. As noted above, the copy of this letter includes the original which is prepared for recordation by the City of Carlsbad. I have used the same format as used in the County and recommended by the County Tax Assessor since a gradual change in the property taxes will occur as a result of this notice. I 5600 AVENIDA ENCINAS l SUITE 100 l CARLSBAD, CALIFORNIA 92008 U.S.A. . f6191431-5600 FAX (619) 431-9020 . e- . . . . . Mayor Claude Lewis City of Carlsbad September 26, 1990 2 Please give me a call if you have any questions regarding the enclosed. for Caritas CCC/dsf Enc. C. Calkins Company cc: Raymond Patchett, City Manager (with original enclosure) . . . I . WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 APN: 211-021-18, 19, 26, 27, 28, 29; 211-010-25 - SPACE ABOVE FOR RECORDER'S USE NOTICE OF NON-RENEWAL Agricultural Preserve 76-1 NOTICE IS HEREBY GIVEN: WHEREAS, the undersigned Carltas CamPanY, a California Limited Partnership is the owner of land described under Land Conservation Contract No. 76-l recorded March 1, 1976 , Document No. 059758, in the Office of the County Recorder of San Diego County, more particularly described in attached Exhibit "AtW, and; WHEREAS, said owner(s) desire(s) a non-renewal of said contract as to all properties subject to said contract. NOW, THEREFORE, said owner(s) do (does) hereby declare their intent not to renew said Contract No. 76-1 , effective Januarv 1, 1991 as to all properties subject to said contract. - - 0 -----2, Timit& STATE OF CALIFORNIA COUNTY OF SAN DIEGO ; ss. 1 WITNESS m Signature On September 25,199O , before me, the undersigned a Notarv Public in and for said State, personally appeared Pht-i:+-*h-- c' personally known to me (or proved to basis of satisfactory evidence) to be the person that exec6tle'ci &i within instrument as - on behalf of Carltag named and acknowledged to me I that the pa the partnership therein l , “I(. 3 ’ , I.... . . l /f-* , _ A- . e t; . .I. . . , ** : * .- ._. ._ c- -4 2190 $ I i. . . LEGAL I' 'HE LAND REFERRED TO IN THIS ORDER NO. 937263-15 * : DESCRIPTION - Carlsbad Ranch 1. I . REPORT IS SITUATED IN THE STATE OF :ALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: . l & . - . 'ARCEL '1: I I : llAT PORTION OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY : IF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP Nf3. 823, FILED IN :IiE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 16, 1896, JESCRIBED AS FOLLOWS: JEGINNING AT THE INTERSECTION OF THE NORTHERLY BOUNDARY OF LOT "H" OF ;AID RANCH0 AGUA HEDIONDA WITH THE 'CENTER LINE OF THE 100.00 FOOT IIGHT OF WAY GRANTED TO TIiE STATE OF CALIFORNIA BY DEED RECORDED. \UGUST 30, 1935 IN BOOK 432, PAGE 60 OF OFFICIAL RECORDS BY DOCUMENT VO. 46278 IN A PORTION OF SAID NORTHERLY BOUNDARY OF LOT "H" BEARING SOUTH 78'03' EAST 1149.32 FEET (RECORD 1148.08) AND NORTH 72'21'30" 3AST 2036.33 FEET (RECORD NORTH 72'24 ' EAST 2036.30 FEET) FROM CORNER NO. 1 OF SAID RANCH0 AGUA HEDIONDA, ACCORDING TO LICENSED SURVEY MAP HO. 173 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DECEMBER 016, 1913; THENCE SOUTHEASTERLY ALX)NG SAID CENTER LINE OF RIGHT OF WAY 6664.92 FEET TO ENGINEER'S STATION 334 PLUS 79.00 AS SHOWN ON THE MAP OF SAID 100.00 FOOT HIGHWAY RIGHT OF WAY OF ROAD XI- SD-2-B ON FILE IN THE OFFICE OF THE DISTRICT STATE HIGHWAY ENGINEER, . SAID ENGINEER'S STATION 334 PLUS 79.00 BEING IN THAT COURSE OF SAID CENTER LINE OF RIGHT OF WAY RAVING A BEARING OF SOUTH 30'38'50" EAST (ACCORDING TO SAID HIGHWAY MAP AND ACCORDING TO SAID BOOK 432, PAGE 60, THE BEARING IS RECORDED AS SOUTH.30.43'30" EAST); THENCE NORTH 59'21'10" EAST 1097.36 FEET TO TIiE CENTER LINE OF THE RIGHT'OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AS SAID RIGHT OF WAY IS DESCRIBED IN DEED RECORDED MARCH 10, 1881 IN BOOK 38, PAGE 171 OF DEEDS: THENCE ALONG SAID CENTER LINE OF RAILWAY RIGHT OF WAY NORTH 23'06' WEST 962.84 FEET; THENCE LEAVING SAID CENTER LINE NORTH. 66'54'10" EAST 1770.00 FEET TO THE'MOST WESTERLY CORNER OF THAT L&ND DESCRIBED IN PARCEL 2 OF DEED TO PAUL ECKE AND WIFE, RECORDED APRIL 1953:AS DOCUMENT NO. 51682 IN BOOK 4821, PAGE 209 OF OFFICIAL..., ZORDS BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE EASTERLY' AND NOR+HEASTERLY LINE OF SAID LAND AS FOLLUWS: SOUTH 85'28'16" EAST 770.00 FEET; SOUTH 23'05'05" EAST 282.14 FEET; SOUTH 85'28'16" EAST 2802.96 FEET; AND SOUTH 23'05'05" EAST 325.77. FEET TO THE NORTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN DEED, TO PAUL ECKE AND WIFE RECORDED APRIL 29, 1948 AS FILE NO. 43669 IN' BOOK‘2778 PAGE 348 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE NORTH 80'.43'25" EAST TO THE EASTERLY BOUNDARY OF THAT LAND' DESCRIBED IN D&ED TO SAN DIEGO COUNTY WATER COMPANY. RECORDED JUNE 17, . I .: . . i*. .’ .m. * . . . Exhibit "A" . I . ‘&L,‘La,. 2; -&;.‘(,, -’ . .’ . - * *. . . . . . . ;q’ ’ l *. 2191 - *em a--,. * 12: +. (’ ’ \. , .r:.” a :. .- ‘* * . ORDER NO. 937263-15 1940 AS FILE 'NO. 28815 IN BOOK 1035 THENCE ALONG SAID EASTERLY LINE SOUTH , PAGE 301 OF OFFICIAL RECORDS; 0'32' EAS,T 4855.69 FEET MORE OR LESS, TO THE SOUTHEASTERLY CORNER THEREOF; THENCE ALONG THE SOUTHERLY l LINE THEREOF SOUTH 89'59' WEST TO A LINE WHICH BEARS SOUTH 23'05'05" EAST FROM THE TRUE POINT OF BEGINNING, SAID LINE BEING THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID PARCEL 2 OF ECKE LAND ABOVE DESCRIBED: THENCE NORTH 23'05'05" WEST ALONG SAID PROtONCATION AND SAID WESTERLY LINE TO THE TRUE POINT OF BEGINNING. ; EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCELS 1 AND 2 OF PARCEL MAP NO. 11284, STATE OF CALIFORNIA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, '1981 AS FILE NO. 81-145557 OF OFFICIAL . RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE NORTHERLY BOUNDARY OF PALOMAR AIRPORT ROAD AS DESCRIBED IN DEED TO THE CITY OF CARLSBAD, FILED IN THE OFFICE SAN DIEGO COUNTY, DECEMBER 7, 1959 IN BOOK RECORDS. , ' ALSO EXCEPTING 'THEREFROM THAT PORTION FOLLOWING DESCRIBED LINE; I OF THE COUNTY RECORDER OF 8030, PAGE 216 OF OFFICIAL LYING' NORTHERLY OF THE .. BEGINNING AT THE INTERSECTION OF THE NORTHERLY BOUNDARY OF Lt)T "H" OF SAID RANCH0 AGUA HEDIONDA WITH THE CENTER LINE OF THE 100 FOOT RIGHT OF WAY GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 30, 1935 IN BOOK 432, PAGE 60 OF OFFICIAL RECORDS BY DOCUMENT NO. 46278, IN A PORTION OF SAID NORTHERLY BOUNDARY #OF LOT "H" BEARING SOUTH 78'03' EAST.1149.32 FEET (RECORD 1148.08 FEET) AND NORTH 72.21'30" EAST 2036.33 FEET (RECORD NORTH 72'24!.EAST 2036.30 FEET) FROM CORNER NO. (1) OF SAID RANCH0 AGUA HEDIONDA, ACCORDING TO LICENSED SURVEY MAP NO. 173, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 16, 19131 THENCE SOUTHEASTERLY ALONG SAID CENTER LINE OF RIGHT OF WAY 6,664.92 FEET TO ENGINEER'S STATION 334 PLUS 79.00 AS SHOWN ON THE MAP OF SAID 100 FOOT HIGHWAY RIGHT OF WAY OF ROAD XI-SD- 2-B ON *FILE IN THE OFFICE OF THE DISTRICT STATE HIGHWAY ENGINEER; SAID ENGINEER'S STATION 334 PLUS 79.00 BEING IN THAT COURSE OF SAID CENTERILINE OF RIGHT OF WAY HAVING A .BEARING OF SOUTH 30.38'50" EAST (ACCORDING TO SASD HIGHWAY MAR AND ACCORDING TO SAID BOOK 432, PACE' 60, THE. BEARING IS RECORDED AS SOUTH '30.43'30" EAST) t THENCE SOUTH 59'21'10" WEST TO THE ORDINARY MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN AND THE TRUE POINT OF. BEGINNING; THENCE RETRACING NORTH .59*21'10!' EAST TO SAID ENGINEER'S STATION 334 PLUS 79.00 IN SAID CENTER LINE OF HIGHWAY RIGHT OF WAY; THENCE CONTINUING NORTH, 59.21'10" EAST 1097.36 FEET TO THE CENTER LINE OF THE RIGHT OF WAY OF THE ATCHISON TOPEKA AND SANTA. FE RAILWAY COMPANY AS SAID RIGHT OF WAY r IS DESCRIBED IN-DEED RECORDED MARCH 10, 1881 IN BOOK 38, PAGE 171 OF DEEDS; THENCE. ALONG SAID CENTER LINE OF RAILWAY .RIGHT OF WAY NORTH' 23'06' WEST T962.84 FEET; THENCE LEAVING SAID CENTER LINE NORTH PAGE ::2 ’ Exhibit "A" . ; I :I If I. 1. c ;i !’ .: ;t , . t f c. i . I * 1 * I , 1.’ : ! f / * I .I : ;- ; .’ ). ’ . , I * : I / 1’ I ..a * : .i: . . : .’ 8 .: . :a. . . . . ’ . . * d, * . c’q . *. . ‘. ,I*;~~~~~ i. + . g...;’ *-. . . : l ,*s** ,. .*:.” . . 2192 . ORDER No'. 937263-15 I: ,I j.54'10" EAST 1770 FEET8 THENCE SOUTH 23'05'05" EAST 1485.'87 FEET TO 1: ;iE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 89'43'25" EAST TO 11E EASTERLY BOUNDARY OF SAID LAND DESCRIBED IN SAID DEED TO SAN l IEGO COUNTY WATER COMPANY IN. BOOK 1035, I PAGE 301 OF OFFICIAL ECORDS, SAID POINT BEING THE POINT OF TERMINUS. ' I XCEPTING THEREFROM THAT PORTION DESCRIBED.+ FOLLOWS: ' .I! &GINNING AT POINT 9 OF LOT "F" AS' SHOWN ON SAID PARTITION MAP Nb. 23, SAID POINT 9 BEING A POINT IN THE EASTERLY BOUNDARY COURSE OF AID LOT "H" CONNECTING POINTS 13 OF U)T "G" AND POINT 8 OF LOT "F" .S SHOWN ON SAID HAP NO. 823; THENCE NORTIf 0.07'28" EAST ALONG THE :AID EASTERLY BOUNDARY COURSE OF SAID LOT "li" 110.00 FEET TO THE TRUE 'OINT OF BEGINNING; THENCE CONTINUING NORTH 0'07'28" EAST ALONG SAID :ASTERLY BOUNDARY COURSE 160.00 FEET; THENCE LEAVING SAID BOUNDARY :OURSE NORTH 89'52'32 " WEST 120.00 FEET: THENCE SOUTH 00'07'28" WEST -60.00 FEET; THENCE SOUTH 89'52'32" EAST .120.00 FEET TO THE TRUE ?OINT OF BEGINNING. ; ' I . ZARCEL 2;. I ' . L'HAT PORTION OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY IF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 16, 1896, JESCRIBED AS FOLLOWS: . . BEGINNING AT THE SOUTHEASTERLY CORNER OF CARLSBAD TRACT NO. 72-3 ACCORDING TO MAP THEREOF NO. 7492 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE ALONG AN EXISTING PROPERTY LINE SOUTH 22'29'22" EAST A DISTANCE OF 1,426.93 FEET TO THE POINT OF INTERSECTION OF SAID LINE WITH THE NORTHERLY LINE OF THAT PUBLIC ROAD EASEMENT GRANTED BY PAUL ECKE AND MAGDALENA ECKE TO THE CITY OF CARLSBAD BY INSTRUMENT RECORDED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY NOVEMBER 30, 1972, FILE PAGE 320457, BOOK 1972, SAID POINT OF INTERSECTION BEING ON THE ARC OF A 643 FOOT RADIUS CIRCULAR CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE OF SAID POINT BEARS NORTH 10'00'57" EAST; THENCE WESTERLY ALONG SAID CURVE AND SAID NORTHERLY LINE THROUGH A CENTRAL ANGLE OF 4'39 '15" FOR AN ARC DISTANCE OF 52.23 FEET; THENCE CONTINUING ALONG SAID LINE NORTH 84'38'18" WEST A DISTANCE 'OF 239.30 FEET TO THE BEGINNING OF 557 FOOT RADIUS TANGEN,T.j, CIRCULAR CURVE CONCAVE EASTERLY; THENCE NORTRWESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 88.08'18" FOR AN ARC DISTANCE OF 856.83 FEET: THENCE NORTH 3.30'00" EAST A DISTANCE OF . 296.12 FEET TO THE BEGINNING OF A 643' FOOT RADIUS TANGENT CIRCULAR CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALDNG SAID CURVE TdROUGH A CENTRAL ANGLE OF 25'59'22" FOR AN ARC DISTANCE OF 291.67 FEET; THENCE, NORTH 22’29’22” WEST A DISTANCE OF 4.38 FEET TO THE SOUTHERLY LINE OF SAID CARLSBAD TRACT 72-3; THENCE NORTH 67'30'38" EAST ALONG ,SAID ’ SOUTHERLY LINE A DISTANCE OF 302.39 FEET TO THE POINT OF BEGINNING. .a . : I * :. PAGE ,l‘3 Exhibit "A" F I . 4 2193 . ORDER NO. 937263-15 PARCEL 3: ALL THA’X’ PORTION OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CA&BAD, IN l THE COUNTY OF -SAN DIEGO, STATE OF. CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, SITUATED WITHIN THAT PORTION THEREGF DESCRIBED IN DEED TO SAN DIEGO COUNTY WATER COMPANY, RECORDED JUNE 17, 1940 IN BOOK 1035, PAGE 301 OF OFFICIAL RECORDS BY DOCUMENT NO. 28815, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF A LINE WHICH IS PARALLEL WITH AND DISTANT 2000 FEET AT RIGHT ANGLES SOUTHERLY FROM THE SOUTHERLY LINE OF BLOCK "V" OF PALISADES NO. 2, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 25, 1924, THE BEARING OF WNICH PARALLEL LINE AND ITS WESTERLY PROLONGATION THEREOF IS-RECORDED AS NORTH 72'25' EAST ON SAID MP OF PALISADES NO. 2, WITH TliE WESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AS SAID RIGHT OF WAY WAS ESTABLISHED ON SEPTEMBER 22, 1948, SAID POINT OF BEGINNING BEING ALSO THE MOST,NORTHERLY CORNER. OF THE LAND DESCRIBED IN THE DEED FROM W. D. CANNON, ET AL, TO THE SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION, RECORDED OCTOBER 8, 1948, IN BOOK 2974, PAGE 493 OF OFFICIAL RECORDS1 THENCE SOUTHERLY AWNG SAID WESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A DISTANCE OF 2755.18 FEET; THENCE PARALLEL WITff A PORTION OF THE SOUTHERLY BOUNDARY OF THE JACOBSEN LAND HEREINAFTER DESCRIBED NORTlf 66'54'10" EAST 50 FEET TO THE CENTER LINE OF SAID ' 'RAILWAY RIGHT OF WAY! THENCE ALONG SAID CENTER LINE SOUTH 23'06' EAST, 60 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF THE LAND DESCRIBED IN QUIT CLAIM DEED FROM PAUL ECKE, ET UX, TO GROVER C. JACOBSEN, ET AL, RECORDED APRIL 29, 1948, AS FILE NO. 43667 IN BOOK 2778, PAGE 341 OF .OFFICIAL RECORDS: THENCE ALONG SAID SOUTHERLY BOUNDARY OF SAID LAND SO DESCRIBED, NORTH 66'54'10" EAST, 1770 FEET TO A SECOND ANGLE POINT IN SAID BOUNDARY AND THE TRUE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED SAID TRUE POINT OF BEGINNING BEING ALSO DESIGNATED AS POINT "A" IN A DEED FROM W. D. CANNON TO SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED IN BOOK 4722, PAGE 350 OF OFFICIAL RECORDS: THENCE FROM SAID TRUE POINT OF' BEGINNING ALONG A PORTION OF THE SOUTHWESTERLY BOUNDARY OF THE ABOVE DESCRIBED JACOBSEN, LAND SOUTH 23'05'05" EAST 1485.87 FEET,TO A THIRD- ANGLE POINT IN THE BOUNDARY OF THE ABOVE DESCRIBED JACOBSEN LAND; THENCE NORTH 80'43'25" EAST AIANG THE SOUTHERLY BOUNDARY OF THE SAID JACOBSEN LAND 3260.20 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY NORTH 23'05'05" WEST A DISTANCE OF 325.77 FEET: THENCE NORTH 85'28'16" WEST A DISTANCE OF 2802.96 FEET; THENCE NbRTH 23'05'05" WEST A DISTANCE OF 282.14 FEET1 THENCE NORTH 85'28'16" WEST A DISTANCE OF 770 FEET TO THE TRUE POINT OF BEGINNING. i ,’ .: , .. ;. a. t. : ., 1’ * I i : , . ‘- TOGETHER WITli THAT PORTION OF U)T II OF SAID MAPsNO. 823 DESCRIBED AS . . FOLLOWS: , 11 PAGE a;4 i . Exhibit "A" *. I -. 2194 . ORDER NO. 937263-15 1MMENCING ‘AT THE CORNER COMMON TO LOTS "F", "It", AND "I" OF SAID WCHO AGUA HEDIONDA, ACCORDING TO SAID MP NO. 823; THENCE 60UTII l ’ '34'51" EAST ALONG THE WESTERLY* LINE OF LOT "F", BEING ALSO, THE ZSTERLY BOUNDARY OF THE LAHD, DESCRIBED IN DEED TO SAN DIEGO GAS AND LECTRIC COMPANY, REGISTERED JUNE 16, 1953 AS TORRENS AS FILE NO. 3674, .I;N THE OFFICE OF THE REGISTRAR OF LAND TITLES, FOR SW DIEGO 3UNTY,* A DISTANCE OF 1318.39 .FEETf THENCE NORTH 89'28'00" EAST, I&NC-THE SOUTHERLY BOUNDARY LINE OF SAID SAN DIEGO GAS AND ELECTRIC OMPANY'S LAND, A DISTANCE OF 1865.00 FEET TO CORNER NO. 8, OF SAID OT “F” OF MP NO. 823; THENCE SOUTH 0'32'00" EAST, ALONG THE COMMON ,OUNDAR; LINE OF LOTS “F” AND "HI', BEING 'THE EASTERLY LINE OF SAID AN DIEGO GAS AND ELECTRIC COMPANY'S LAND, DESCRIBED IN BOOK 4456, 'AGE 49, A DISTANCE OF 625 FEET, MORE OR LESS, TO THE SOUTHEASTERLY :ORNER OF THE LAND DESCRIBED IN QUITCLAIM DEED FROM PAUL ECKE, ET UX, :O GROVER C. JACOBSEN, ET AL, RECORDED APRIL 29, 1948, AS FILE NO. 13667, IN BOOK 2778, PAGE 341 OF OFFICIAL RECORDS; THENCE SOUTH 30'43'25" WEST, ALONG THE SOUTHERLY BOUNDARY LINE OF SAID SAN DIEGO . ' " :AS AND ELECTRIC COMPANY'S LAND, DESCRIBED IN BOOK 4456, PAGE 49, A ISSTANCE OF 321.54 FEET TO A'POINT IN SAID SOUTHERLY BOUNDARY LINE :AID POINT BEING THE TRUE POINT OF BEGINNING OF THE LAND HEREIN JESCRIBED IN PARCEL 1; THENCE FROM SAID TRUE POINT OF BEGINNING, ZONTINUING SOUTH 80'43'25" WEST, AmNG THE SOUTHERLY LINE OF SAID SAN ISEGO GAS AND ELECTRIC COHPANY'S LAND, A DISTANCE OF 1451.85 FEET TO AN ANGLE POINT IN SAID SAN DIEGO GAS.AND ELECTRIC COMPANY'S BOUNDARY LINE; THENCE NORTH 23.05'05" WEST, ALONG SAID SAN DIEGO GAS AND ELEZTRIC COMPANY'S BOUNDARY LINE, A DISTANCE OF 325.77 FEET TO AN ANGLE POINT THEREIN, SAID ANGLE POINT BEING HEREINAFTER KNOWN AND DESIGNATED AS POINT “A” THENCE FROM SAID POINT "A", SOUTH'85'28'16" EAST, A DISTANCE OF 1083.64 FEET.TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF e2000.00 FEET; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 13'48'19" A DISTANCE OF 481.89 FEET TO THE TRUE POINT OF BEGINNING. ALSO TOGETHER WITH THAT PORTION OF SAID LOT H DESCRIBED AS FOLLOWS: . COMMENCING AT Ail ANGLE POINT IN THE BOUNDARY LINE OF SAID SAN DIEGO GAS AND ELECTRIC COMPANY'6 LAND DESCRIBED ABOVE AS POINT “A”; THENCE FROM SAID 'POINT “A”, NORTH 85.28'16" WEST ALONG THE SAID BOUNDARY,; LINE OF SAN DIEGO GAS AND ELECTRIC CbMPANY'S LAND, A DISTANCE OF,.' 1074.05 FEET TO A POINT IN SAID-BOUNDARY LINE, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED IN PARCEL 2; THENCE FROM SAID TRUE POINT OF BEGINNING OF PARCEL 2, CONTINUING NORTH 85'28'16" WEST ALONG SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S BOUNDARY LINE, A DISTANCE OF 1755.91 FEET TO AN ANGLE POINT IN SAID SAW DIEGO GAS AND ELECTRIC COMPANY'S BOUNDARY LINEt THENCE NORTH 23'05'05" WEST ALONG SAID SAN DIEGO GAS AND ELECTRIC COMPANY’S BOUNDARY LINE, A DISTANCE OF 216.63 FEET1 THENCE LEAVING SAID SAN DIEGO GAS AND ELECTRIC COMPANY’S BOUNDARY LINE, SOUTH 79'05'50" EAST, A DISTANCE OF 1617.28 FEET TO THE BEGINNING OF A TANGENT CURVE .i. I : . . PAGE )I5 . 1. : Exhibit "A" I . - . - . ‘y,L?,,, *. -. . y-;, $r:j.;;;* ‘;r ** 2; <‘. ,lf$v l i -. . l 2195 . ORDER NO. 937263-15 :ONCAVE NORTHERLY, HAVING A RADIUS OF 2000.00 FEET; THENCE EASTERLY \LONG THE ARC OF SAID CURVE, THROUGH A CONTROL ANGLE OF 6'22'26", A . ]ISTANCE OF 222.49 FEET TO THE TRUE POINT OF BEGINNING.. . - XCEPTING THE&FROM THAT PORTION DESCRIBED AS FOLLOWS: ZOMMENCING AT THE CORNER COMMON TO, LOTS- “F”, "H" AND "I" OF SAID hANCHO"AGUA HEDIONDA, ACCORDING TO SAID MAP NO. 823; THENCE SOUTH 0'34'51" EAST, ALONG TltE WESTERLY LINE OF SAID fX)T "F", DESCRIBED IN DEED TO SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED IN BOOK 5055, PAGE 447 OF SAID OFFICIAL RECORDS, A DISTANCE OF 1318.39 FEET; THENCE - !;ORTH 89'28'00" EAST, ALONG THE SOUTHERLY' BOUNDARY LINE OF SAID SAN, 3IEGO GAS AND ELECTRIC COMPANY'S LAND, DESCRIBED IN BOOK'5055 AT PAGE I 447, A DISTANCE OF 1865.00 FEET TO CORNER NO. 8 OF SAID l&T "F" OF MAP 823; THENCE SOUTH 0'32'00" EAST, ALONG THE COMMON BOUNDARY LINE ~'1 OF mTS “F” AND "H", BEING THE EASTERLY LINE OF SAID SAN DIEGO GAS * 1 AND ELECTRIC COMPANY'S LAND DESCRIBED IN BOOK 4456, PAGE 49, A . DISTANCE OF 625 FEET, MORE OR LESS, TO THE SOUTHEASTERLY CORNER OF . THE LAND DESCRIBED IN QUITCLAIM DEED FROM PAUL ECKE ET UX, TO GROVER C. JACOBSEN ET AL, RECORDED APRIL 29, 1948 AS FILE NO. 43667 IN BOOK 2778, PAGE 341 OF OFFICIAL RECORDS: THENCE SOUTH 80'43'25" WEST ALONG THE BOUNDARY LINE OF SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND .DESCRIBED XN BOOK 4456 PAGE 49, A DISTANCE OF 1773.39 FEET TO AN ANGLE POINT THEREIN: THENCE NORTH 23'05'05" WEST, ALONG SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S LINE, A DISTANCE OF 325.77 FEET TO AN ANGLE POINT THEREIN; THENCE NORTH 85'28'16" WEST, ALONG SAID BOUNDARY LINE OF SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND, A DISTANCE OF 2802.96 FEET TO AN ANGLE POINT THEREIN; THENCE NORTH 8; . 23.05'05" WEST, ALONG SAID BOUNDARY LINE OF SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND, A DISTANCE OF 216.63 FEET TO A POINT IN SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S.BOUNDARY LINE, WHICH SAID POINT IS THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING NORTH 79'05'50" WEST, A DISTANCE OF 449.94 FEET TO THE BEGINNING, OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1000.00 FEET; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG ,THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF. 34'00'00", A DISTANCE OF 593.41 FEET TO A POINT OF'CUSP, SAID POINT OF CUSP BEING ." THE INTERSECTION WITH THE SOUTHEASTERLY BOUNDARY LINE OF TNAT CERTAIN PORTION; OF SAID LOT "H" *DESCRIBED IN DEED TO SAN DIEGO GAS AND.. ELECTRIC COMPANY RECORDED JANUARY 21, '1953 IN BOOK 4722;PAGE 350 *OF' SAID OFFICIAL RECORDS AS FILE NO. golo; THENCE FROM SAID POINT OF CUSP NORTH 66'54'10" EAST ALONG SAID SOUTHEASTERLY BOUNDARY LINE OF i SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND DESCRIBED IN BOOK 4722, PAGE 350, A DISTANCE. OF 250.00 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY BOUNDARY LINE OF SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S LAWD DESCRIBED IN BOOK 4456, PAGE 49t THENCE SOUTH 85'28'16" EAST ALX)NG SAID SOUTHERLY BOUNDARY LINE, A DISTANCE OF 770.00 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID BOUNDARY LINE OF' SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND SOUTH PAGE W:6 ; Exhibit "A" I ,I ;yt 1: II ,y;” ,Jy :.*.* . :;\ - ’ 1+ YI ,&j~.~~. 5’:. . . .&~$#<2 -? w . 2’196, ii ii I II II II “3 +. ORDER NO. 937263-15 h t ~3'05'05" 'EAST, . A DISTANCE OF 65.51 FEET TO THE TRUE POINT OF 3EG&NNINy l . ;. i . ** . * 1 c i . : 4 . . I- Excepting from said Parcels 1, 2, khd 3 above all that portion of'carlsbad, County of San Diego, State of California according to map thereof i, > No. 12242 recorded in office of County Recorder of San Diego County ;. October 28, 1988.. I . r‘ . . . : ’ 1 . - . ; PAGE il7 ' Exh'ibit ItA’ . ;‘r,i:,;; ’ . .I City Clerk 1200 Elm Ave. Carlsbad, CA 92008 SECOND ANENmmT To JJ4ND CONSERVATION CONTRAq 88 6?297’ r iiEC~f’lT?tr rH fT;rFI,~‘.:AiM 7: ~~?~?6 i:y,..‘,.‘; _ .,.!I _ . e8cEf:zq AM q:37 By this second amendment dated December 23, 1988, Carltas Company, a California Limited Partnership, successor in interest as owner to Carltas Corporation, (hereinafter referred to as j"Owner8t) and the City of Carlsbad, a political subdivision of the State of California, (hereinafter referred to as @@City"), the Land Conservation Contract dated February 10, 1976, by and between Carltas Corporation and the City of Carlsbad (the t8Contractt8) is hereby amended pursuant to the provisions of Section 51257 of the Government Code of the State-of California in light of the following facts and circumstances: qlti~-c(-& ?/.Y"":, j;r &f--/'j,'. ).. A. Pursuant to the provisions of Section 51257 of the Government Code of the State of California, subdivision (cl I the Owner ha8 petitioned the City to permit a boundary adjustment to add properties to Agricultural Preserve No. 76-1 and to delete other properties of identical acreage from said preserve. B. The City and California Coastal Commission have made all determinations required under Section 51257 that such boundary adjustment should be, made and that the amendment stated herein is appropriate, and is consistent with the intent of Section 51257 in the development of a Local Coastal Program with provision for long term preservation of agricultural lands. THEREFORE, it is agreed between Owner and City as follows: Section 1. ADJUSTMENT TO CONTRACT BOUNDARY Effective on the date of this amendment, the land depicted in the attached Exhibit "A", dated November 1, as "N#u Contract Land" shall hereinafter be subject to the Contract and the land located along the north/south trending ridge/valley system shall be deleted and no longer subject to the Contract, all shown on Exhibit A. There shall be no net loss of land under Land Conservation Contract Agricultural Preserve No. 76-1 due to this boundary amendment. Section 2. m. For purposes of the determination of the term of this agreement with respect to the nw contract land, herein made subject to the contract and previously not subject to the Contract, the tm &8U W For U r 8 from the effective date of this amendment and Gu&le- %ar 3 wakvu the right to cancel this agrmesent as to 8uch property for 8 mrlod of five years commencing on the effective date of this amended contract. . > a I ‘- ,;I649 - Section 3. N IN NOTy;E, Pursuant to the provisions of Section 16 of the Contract , notice ta Owner shall be addressed as follows: Carltu: Cuaqany, a California LMted Partnership 4401 ))mchastrr Avenue, Suite 206 EncfnitaS, California 92024 Section 4. RATIFICATION AN0 AFFIRHAflON OF CONTRACT. Except as hereinabove set forth, the land ConSWVltiOn Contract dated February 10, 1976, 4s hereby ratified and conflrmed. Executed on the date first written above. Section 5. AECOROATIOY. The Owner shall record this amendment as per Section 52183.4 af the Caiifornia Government Code. Section 6. &$NONENl PROCE@JRU Amendment of this amendment of Land Conservation Contract Agricultural Preierve NO. 76-1 shall not occur until all conditions and contingencies specified In the agreements have been satisf\ed. Carltas Company, a California Partners I PIP (Notarial Acknowledgements) . . , . - * LCPA EXIIfULT A a, 1 l/ l/d8 l , -. I\C;RIcuLTURAL PRgSgnVE DOUNDARY AuENDHEN’r . *. * 4 k ,;hlded to the Preserve ( 52 ad m Remove! f ram the Preserve (524 ..* . . . . . . (hew’ Contract Land) : . . . . . . ..i. Existing Developable Area (outside preserve,) §SW GoyEru~NTcolaE annexation. In the event that only part of the land under contract was within one mile of the city the option of the city shall extend only to that part. Within 30 days of the city stating its intent not to succeed, the city shall deliver a notice of its action to the Direct& of Conservation. Amended Stats l989 ch 943 set 2. 0 51245. Notice of nonrenewal If either the landowner or the city or county desires in any year not to renew the contract, that party shall serve written notice of nonrenewal of the contract upon the other party in advance of the annual renewal date of the contract. Unless such written notice is served by the landowner at least 90 days prior to the renewal date or by the city or county at least 60 days prior to the renewal date, the contract shall be considered renewed as provided in Section 51244 or Section 51244.5. Upon receipt by the owner of a notice from the county or city of nonrene- wal, the owner may make a written protest of the notice of nonrenewal. The county or city may, at any time prior to the renewal date, withdraw the notice of nonrenewal. Upon request by the owner, the board or council may author&e the owner to serve a notice of nonrenewal on a portion of the land under a contract. Within 30 days of the receipt of a notice of nonrenewal from a landowner, the service of a notice of nonrenewal upon a landowner, or the withdrawal of a notice of nonrenewal, the city or county shall deliver a copy of the notice or a notice of withdrawal of nonrenewal to the Director of Conserva- tion. AmalduJ stat2 19119 ch 943 set 3. § 51246. Expiration of contract (a) If the county or city or the landowner serves notice of intent in any year not to renew the contract, the existing contract shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the contract, as the case may be. Within 30 days of the expiration of the contract, the county or city shall deliver a notice of expiration to the Director of Conservation. (b) No city or county shall enter into a new contract or shall renew an existing contract on or after February 28, 1977, with respect to timberland zoned as timberland production. The city or county shall serve notice of its intent not to renew the contract as provided in this section. (c) In order to meet the minimum acreage requirement of an agricultural preserve pursuant to Section 51230, land formerly within the agricultural preserve which is xoned as timberland production pursuant to Chapter 6.7 (commencing with Section 51100) may be taken into account. (d) Notwithstanding any other provision of law, commencing with the lien date for the 1977-78 fiscal year all timberland within an existing contract which has been nonrenewed as mandated by this section shall be valued according to section 423.5 of the Revenue and Taxation Code, succeed@ to and including the lien date for the 198 l-82 fiscal year. Commencing with the lien date for the 1982-83 5scal year and on each lien date thereafter, such timberland shall be valued according to Section 434.5 of the Revenue and Taxation code. AnKndedst8tsuI)ch943~4. 24 [12QvcDdd : - r ” . - .* GOVE~C Q 51282.3. Pet& Norc-Therr on anott added by Stats 1960 ch Q 51283. miit 0 Determination of payment; Mstribr (a) Prior to any the cancellation c the land is locate as though it we certify to the boa purpose of detem (b) Prior to givin board or counci amount of the c treasurer as defe equal to 12% per (c) If they lind tl may waive any p may extend the contingent upon the landowner fo contract, had it r (1) The cancella use which may suitable, nor wi greater economic (2) The board c program to COI deferred or not I (3) The waiver Resources Ager time if the seer time by the lot; that the local a6 waiver or exter board or counr other evidence or extension of (d) The first se the Controller paid to the Sta in the General These funds s Conservation i: (1) Four hunt ping and moni (2) Two hund 614 of the Put (e) The first ( revenue paid ~12ooucow AFTER RE;!%%%I;%%&s~?By . -^ w . City ClFrk RF 6 , 7 12$0 Elm Ave. AR 4 1l64g ,, Carl,sbad, CA 92008 , PIG 1 r SECOND AMENDMENT TO fjfj~g?$! iv! 937 LAND CONSERVATION CONTRA= 8 if.=<>' I i, Lyri< i- rfy-5 1 j--e~J y gEl-oj$Efj N J By this second amendment dated December 23, 1988 I Carltas Company, a California Limited Partnership, successor in interest as owner to Carltas Corporation, (hereinafter referred to as "Owner") and the City of Carlsbad, a political subdivision of the State of California, (hereinafter referred to as "City"), the Land Conservation Contract dated February 10, 1976, by and between Carltas Corporation and the City of Carlsbad (the mContractW) is hereby amended pursuant to the provisions of Section 51257 of the Government Code of the State of Californi in light of the following facts and circumstances: ~&M-&C&? &/76 - &s97s- g A. Pursuant to the provisions of Section 51257 of the Government Code of the State of California, subdivision (cl I the Owner has petitioned the City to permit a boundary adjustment to add properties to Agricultural Preserve No. 76-l and to delete other properties of .identical acreage from said preserve. B. The City and California Coastal Commission have made all determinations required under Section 51257 that such boundary adjustment should be made and that the amendment stated herein is appropriate, and is consistent with the intent of Section 51257 in the development of a Local Coastal Program with provision for long term preservation of agricultural lands. THEREFORE, it is agreed between Owner and City as follows: Section 1. ADJUSTMENT TO CONTRACT BOUNDARY. Effective on the date of this amendment, the land depicted on the attached Exhibit "A", dated November 1, as "New Contract Land" shall hereinafter be subject to the Contract and the land located along the north/south trending ridge/valley system shall be deleted and no longer subject to the Contract, all shown on Exhibit A. There shall be no net loss of land under Land Conservation Contract Agricultural Preserve No. 76-1 due to this boundary amendment. Section 2. TERM. For purposes of the determination of the term of this agreement with respect to the new contract land, herein made subject to the contract and previously not subject to the Contract, the term shall be for 15 years from the effective date of this amendment and Owner hereby waives the right to cancel this agreement as to such property for a period of five years commencing on the effective date of this amended contract. ‘r, . I- m c. - . ^ . * c ; 1649 .:- Section 3. CHANGE TN NOTICE. Pursuant to the provisions of Section 16 of the Contract, notice to Owner shall be dddressed as follows: Carltas Company, a California Limited Partnership 4401 Manchester Avenue, Suite 206 Encinitas, California 92024 Section 4. RATIFICATION AND AFFIfWATION OF CONTRACT. Except as hereinabove set forth, the land conservation contract dated February lo, 1976, is hereby ratified and confirmed. Executed on the date first written above. Section 5. RECORDATION. The Owner shall record this amendment as per Section 52183.4 of the California Government Code. Secti on 6. AMENDMENT PROCEDURES Amendment of this amendment of Land Conservation Contract Agricultural Preierve No. 76-1 shall not occur until all conditions and contingencies specified in the agreements have been satisfted. Carltas Company, a California (Notarial Acknowledgements) 1-1650 . . STATE OF CALIFORNIA COUNTY OF SAN DIEGO i ss. > On December 28, 1988 before me the undersigned, a Notary Public in and for said State, personnally appeared Claude A. J,ewis , known to me to be the Mayor of the City of Carlsbad, a Municipal Corporation of the State of California, known to me to be the person who executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same. WITNESS my hand the the official seal. t QPFfCfAL W&AI, 2 3 b KAREN R. KUNDTZ $ :: NOTARY PUPJLIC-CALIFOfINIA 2 s v SAN DECO COUNTY i My Comm. hp. Sept. 27, 1989 $ ********************we******** STATE OF CALIFORNIA COUNTY OF on lIkas&r 2.1, 1988 , before me, the undersigned, a Notary Public in and for said State, personally appeared Pa-, Jr. personally known to me (or proved to me on the basis of satis- factory evidence) to be the person that executed the within partner(s), nv. Limited Partnership , the partnership therein named and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. (This area for official notarial seal) LCPA , x1655- .<. ll/l/t38 EXI!IUIT A -, . I AGRICULTURAL PRESERVE DOUNDARY AMEND~~EN’~’ . ! 1 *. 1’ / ,. :. 1 ,’ I 1 i ; ! I L I j :, I< 1 i ‘I I : ~.&d,ed .to the Preserve (52 ac.) LTj Removed from the preserve (521 : . . . . . . . . , . (New Contract Land) i. : : Existing Developable Area (outside preserve,) I . . . . . . . , . / June 10, 1988 4 TO: Mike Howes FROM: Lee Rautenkranz LAND CONSERVATION CONTRACT WITH CARLTAS (CAR COUNTRY) On May 18, 1988, I contacted you on the phone and explained that the above referenced contract you were processing had not been approved by the City Council and was different than the agreement they saw months before. I provided you with a copy of the old and new contract for your review and assistance in determining the full extent of the differences between the contracts,so we could determine whether the new contract needed to be submitted to Council for approval. To date, I've received no response from you. Therefore, I am filing this agreement. City Clerk LR:kk cc: Mike Holzmiller W, ,ITE IT - DON’T SAY I’r : To From Date / 0 Reply Wanted q No Reply Necessary AIGNER FORM NO. !5032 PRINTED IN USA l ’ P FIRST AMENDMENT TO LAND CONSERVATION CONTRACT Asricultural Preserve No. 76-l irst amendment dated April 33 1988, Carltas Company, interest as owner o as "Owner") and n of the State of (hereinafter refered to as "City"), the Land Contract dated February 10, 1976, by and between on and the City of Carlsbad (the "Contract") is rsuant to the provisions of Section 51257 of the Governmen of the State of California in light of the following facts ircumstances: the provisions of Section 51257 of the Government of the State of California, subdivision petitioned the City to permit a to add properties to Agricultural Preserve No. 76 nd to delete other properties of identical acreage said preserve. B. The City and Califor Coastal Commission have made all determinations ed under Section 51257 that should be made and that the is appropriate, and is consistent with the i of Section 51257 in the development of a Local al Program with provision for long term preservation agricultural lands. c. Owner and City desire to f amend the contract to specify certain conditiona permitted under the Williamson Act. THEREFORE, it is agreed between Owner and Cit \ Section 1. Effective on the date of this n the attached Exhibit "Dl", shall hereina designated as be deleted 5 and no longer subject to the Contrct. There shall‘ no net loss of land under Land Conservation Contract Agricu al Preserve No. 76-l due to this boundary amendment. Section 2. TERM. For purposes of the determi term of this agreement with respect to the New C hereinmade subject to the Contract and previously no the Contract, the term shall be for 15 years from the date of this amendment and Owner hereby waives the cancel this agreement as to such property for a period o years commencing on the effective date of this amended contra ‘* . c Section 3. SPECIFIC USES. The list of uses delineated in subpart of B of Exhibit trB1l to the Contract are hereby amended to add the following: Botanical gardens, arboretums, and other related facilities for the display, and agricultural and Carlsbad and Section 4. CHANGE IN NOTICE. Section 16 of the Contract, notice t follows: the provisions of 1 be addressed as Carltas Company, a ifornia Limited P 4401 Manchester ue, Suite 206 Encinitas, Calif Section 5. Except as hereinabo dated February 10, Executed on the date Section 6. The Owner shall record this Set .4 of the California Government California of Carlsbad, a By: (Notaria/l Acknowledgements) conserv.cona STATE OF CALIFORNIA COUNTY OF San DiePo 1 } ss. 1 On / q /9Pf before me, the undersigned, a Notary'Public in and for said StaCe, personally appeared Paul Ecke. Jr. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed the within instrument as Gemal partner(s), on behalf of CarltasCumanv. aQlifomiaLi.mitedPartnershi~ the partnership therein named and acknowledged to me that the partnership executed it. WITNEXS my hand and official seal. Signature LEGEND ORIGINAL 1976 AGRICULTURAL PRESERVE CONTRACT BOUNDARY BOUNDARY AMENDMENT ADDED TO THE PRESERVE (NEW CONTRACT LAND) REMOVED FROM THE PRESERVE 7 . . - ,,,, . I_ ,clrpI ;.y+; .* -..-.. -.$y:. - -- FIRST AMENDMENT TO LAND CONSERVATION CONTRACT Asricultural Preserve No. 76-l By this first amendment dated April a 3, 1988, Carltas Company, successor in interest as owner refered to as llOwnerU1) and State of the Land and between A. B. c. Pursuant the provisions of Section 51257 of the Government e of the State of California, subdivision W I the has petitioned the City to permit a boundary ent to add properties to Agricultural Preserve No. 1 and to delete other properties of identical acre from said preserve. The City and Ca rnia Coastal Commission have made all determinat red under Section 51257 that such boundary should be made and that the amendment ein is appropriate, and is consistent with the of Section 51257 in the development of a Lot al Program with provision for long term preserva agricultural lands. Owner and City desire to her amend the contract to specify certain conditiona ses permitted under the Williamson Act. THEREFORE, it is agreed between Owner and ity as follows: Section 1. Effective on the date of this on the attached Exhibit @'Dl", da Contract Land!' shall hereinafte and the land designated as 11 be deleted and no longer There shal no net loss of land under al Preserve No. 76-1 due to this boundary amendment. Section 2. term of thi hereinmade su the Contract, the term shall be for 15 years from the date of this amendment and Owner hereby waives the cancel this years commen I Section 3. SPECIFIC USES. The list of uses delineated in Exhibit 18B1@ to the Contract are hereby amended to Botanical gardens, arboretums, and other related and supporting facilities for the display, and education about, agricultural and floral products produced within Carlsbad and surrounding region; (12) floral auctions and related for the exclusive sale and agricultural and floral within Carlsbad and the surrounding d that the total area committed to such uses exceed 35 acres and be located on the 137 acres of the Carltas for urban uses. Section 4. CHANGE IN NOTICE. Section 16 of the Contract, notice follows: t to the provisions of shall be addressed as Carltas Company, a California 4401 Manchester Avenue, Suite 20 Encinitas, California 92024 , Section 6. amendment as per S Code. shall record this alifornia Government Section 7. amendment of Land Co 76-l shall not occur unti specified in the agreements Amendment of this ricultural Preserve No. and contingencies Car as fl Li te r ( otarial Acknowledgements) conserv.con\ STATE OF CALIFORNIA ; 66. COUNTY OF San Diego 1 On before me, the undersigned, a Notaryhublic in and for said Stahe, personally appeared Pziul lkke, Jr. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed the within instrument as General partner(s), on behalf of Carltas Cmpanv, a Californaid Limited Partnership, the partnersh- therein named and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. Signature PACIFIC OCEAN LEGEND ORIGINAL 1976 AGRICULTURAL PRESERVECONTRACTBOUNDARY BOUNDARY AMENDMENT B ADDED TO THE PRESERVE (NEW CONTRACT LAND) REMOVED FROM THE PRESERVE A~ROCMLUUWAL PRESERVE * .*. I “I. . w- - -“d 5.?+2 “.,P -,-*. -.+;Tv. . . -__ RecorGing Requested By and Return To: . . . r.CityrCl&rk, City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008' I ,2102 - -~ 7 LP I, FIRSTAKEND8¶EFWTO LAND CONSERVATION CONTRACT Asricultural Preserve No. 76-l By this first amendment date& December 15 1987, Carltas Company, a California' Limited Partnership, succes;or in interest as owner to Carltas Corporation, (hereinafter referred to as ltOwnertl) and the City of Carlsbad, a political subdivision of the State of California, (hereinafter referred to as llCity)), the Land Conservation Contract dated February 10, 1976, by and between Carltas Corporation and the City of Carlsbad (the ttContractw) is hereby amended pursuant to the provisions of Section 51257 of the Government Code of the State of California in light of the following facts and circumstances: A. B. C. Pursuant to the provisions of Section 51257 of the Government Code of the State of California, subdivision (cl I the Owner has petitioned the City to permit a boundary adjustment to add properties to Agricultural Preserve No. 76-l and to delete other properties of identical acreage from said preserve. The City and California Coastal Commission have made all determinations required under Section 51257 that such boundary adjustment should be made and that the amendment, stated herein is appropriate, and is consistent with the intent of Section 51257 in the development of a Local Coastal Program with provision for long term preservation of agricultural lands. Owner and City desire to further amend the contract to specify certain conditional uses permitted under the Williamson Act. THEREFORE, it is agreed between Owner and City as follows: Section 1. ADJUSTMENT TO CONTRACT BOUNDARY. Effective on the date of this amendment, the land depicted on the attached Exhibit "Dl*', dated, November 4, 1987, as "New Contract Land" shall hereinafter be subject to the Contract and the land designated as "Carlsbad Car Country Phase II" shall be deleted and no longer subject to the Contract. There shall be no net loss of land under Land Conservation Contract Agricultural Preserve No. 76-l due to this boundary amendment. Section 2. TERM. For purposes of the determination of the term of this agreement with respect to the New Contract Land, hereinmade subject to the Contract and previously not subject to the Contract, the term shall be for 15 years from the effective date of this amendment and Owner hereby waives the right to cancel this agreement as to such property for a period of five years commencing on the effective date of this amended contract. I Section 3. SPECIFIC USES. The list of uses delineated in subpart of B of Exhibit *lB*l to the Contract are hereby amended to add the following: (11) Botanical Gardens, arboretums, and other related and supporting facilities for the display, and education about, agricultural and floral products produced within Carlsbad and surrounding region: (12) Farmer's markets or similar facilities for the exclusive sale of agricultural and floral products produced within Carlsbad and surrounding region: (13) A floral auction and related facilities which provide financial support of flower growers within Carlsbad and the surrounding region. Section 4. CHANGE IN NOTICE. Section 16 of the Contract, notice follows: Carltas Company, a California 4401 Manchester Avenue, Suite Encinitas, California 92024 Pursuant to the provisions of to Owner shall be addressed as limited partnership 206 Section 5. RATIFICATION AND AFFIRMATION OF CONTRACT. Except as hereinabove set forth, the land conservation contract dated February 10, 1976, is hereby ratified and confirmed. Executed on the date first written above. Section 6. RECORDATION. The Owner shall record this amendment as per Section 51283.4 of the California Government Code. Section 7. AMENDMENT PROCEDURES. Amendment of this amendment of Land Conservation Contract Agricultural Preserve No. 76-l shall until all conditions a ntingencies specified in the s have been satisfied. ipal Corporation I [ t otarial Acknowledgements] State of California - OPTIONAL SECTION - . CAPACITY CLAIMED BY SIGNER County of San Diego I .x04 Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. On 4-20-93 before me, Joyce E. Mizock, Notary Public, [7 INDIVIDUAL DATE NAME, TITLE OF OFFICER - E.G.. “JANE DOE, NOTARY PUBLIC 0 CORPORATE OFFICER(S) personally appeared Paul Ecke, Jr. I NAME(S) OF SIGNER(S) TITLE(S) Qpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence q PARTNER(S) 0 LIMITED to be the person(d) whose name(s$ is/& I3 GENERAL subscribed to the within instrument and ac- 0 ATTORNEY-IN-FACT knowledged to me that he/&&$ executed the same in his/h&/flfe!r authorized 0 TRUSTEE(S) capacity(U)‘, and that by his/fidn//th& 0 GUARDIAN/CONSERVATOR signature(sj on the instrument the person&), q OTHER: or the entity upon behalf of which the person(b) acted, executed the instrument. SIGNER IS REPRESENTING: WITNESS my hand and official seal. NAME OF PERSON(S) OR ENTIlY(IES) Carltas Company, a ’ SIGNATURE OF NOTARY u OPTIONAL SECTlO! iAmend partnership THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT ent to Land Conservati THE DOCUMENT DESCRIBED AT RIGHT: 4 Contract NUMBER OF PAGES DATE OF DOCUI iNT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S)• THERTHANNAMEDABOVE Claude Lewis, Mayor 1 01992 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 71840 Canoga Park, CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 California limited * . 6,. - _ . I ,7 ’ : *. .,_ I. ,210” I’ \iA * EXHIBIT DI ll/4/87 Proposed Agricultural Preserve 76- I Boundary Amend. III w Original 1976 Agricultural Preserve Contract Boundary; BOUNDARY AMENDMENT K-II -Added to the Preserve TNew Contract Land) N /r\ cl $2 Removed from the Preserve '2106 DOC #t 1??3-0286978 07-PIAY-1993 lo=04 OFFICIAL RECORDS SAN DIEliO COUNTY RECORDER’S UFFICE AHNETTE EVA& 9 COUNTY RECORDER ;;; 7.00 FEES: P. 00 IF: 1.00 API 17.00 P - ‘m . r L 4 .L_ - 573 LAND CONSERVATION CONTRACT Agricultural Preserve No. 76-1 THIS CONTRACT, made and entered into this 10th day of February 19?, by and between CARLTAS CORPORATION hereinafter referred to as "Owner", and the City of Carlsbad, a political subdivision of the State of California, hereinafter referred to as 'City": WITNESSETH: WHEREAS, the Owner represents that he is the:owner of certain land located in the City of Carlsbad, County of San Diego, State of California, which land is presently devoted to agricultural uses,.recreational uses, open space, or combination thereof, as authorized in Exhibit "B" attached hereto and lies within an agricultural preserve heretofore established or to be established and designated the ECKE (CARLTAS) Agricultural Preserve No. 76-1, said land being more particularly described in Exhibit "A" attached hereto and hereinafter referred to as the Premises; and. WHEREAS, the Owner and the City desire to limit the use of Premises to Bgricultural and compatible uses, recreational uses or open space uses or some combination thereof: IT IS AGREED by and between the Owner.and the City as follows: Section 1. CONTRACT. This is a "Contract" made pursuant to the California Land Conservation Act of 1965, as amended as of the date first above written, incltiding amendments enacted at the 1970 Regular Session of the California Legislature, (hereinafter referred to as the "Act") and is applicable to the Premises. Section 2. TERM. .This Contract shall take effect on February 17, 19?, and shall remain in effect for a period of ten years therefrom and during any ;ii renewals of this Contract. Section 3. RENEWAL. NOTICE OF NONRENEWAL. This Contract shall be automatically renewed for a period of one year on the first day of the first January after the effective date and on the first day of each January there- after unless written notice of nonrenewal is served by the Owner on the City at least 90 days prior to said date or written notice of nonrenewal is served by the City on the Owner at least 60 days prior to said date. Under no circumstances shall a notice of renewal to either party be required to effect- uate the automatic renewal of this Contract. Upon receipt by Owner of a notice from City of nonrenewal, the Owner may make written protest of such nonrenewal. City may at any time prior to the renewal date withdraw the notice of nonrenewal. Upon request of Owner, . . L . * . , ’ . Ic - 5?74 - the City Council may authorize Owner to serve a notice of nonrenewal on a portion of the land which is the subject of this Contract. If either party serves notice of intent in any year not to renew this Contract, this Contract shall remain in effect for the balance of the period remaining on the term since the original execution or the last renewal of this Contract as the case may be. Section 4. AUTHORIZED USES. During the term of this Contract and any and all renewals thereof, the Premises shall be devoted to agricultural uses and compatible uses and shall not be used for any purposes, other than agri- cultural uses or compatible uses as specified in Exhibit I'B" attached hereto. Section 5. ADDITION OR ELIMINATION OF AUTHORIZEO USES. The City Council of the City, by resolution, may from time to time during the term of this Contract or any renewals thereof amend the resolution establishing said Agricultural Preserve to add to those authorized uses or eliminate a use listed in Exhibit "B" which authorized uses shall be uniform throughout said Agricul- tural Preserve; provided, however, no amendment of such resolution during the term of this Contract or any renewal thereof so as to eliminate any use shall be applicable to this Contract unless the Owner consents to such elimination. Section 6. POLICE POWER. Nothing in the Contract shall be construed to limit the exercise by the City Council of.the police power or the adoption or readoption or amendment of any zoning ordinance or land use ordinance, regula- tion or restriction pursuant to the Planning and Zoning Law (Sections 65000 et seq., Government Code) or otherwise. t Section 7. ZONING. This Contract shall not be construed to authorize the establishment or continuation of a use of.real property contrary to any pro- vision of the Zoning Ordinance (Title 21 of the Carlsbad Municipal Code), any amendments thereto, heretofore or hereafter adopted. Section 8. EMINENT DOMAIN. (a) Except as provided in subdivision (d) of this Section 8, when any action in eminent domain for the condemnation of the fee title of an entire parcel of land subject to this Contract is filed or when such land is acquired in lieu of eminent domain for a public improve- ment by a public agency or person or whenever there is any such action or acquisition by the Federal government or any person, instrumentality or agency acting under authority or power of the Federal government,, this Contract shall be deemed null and void as to the land actually being condemned or so acquired as of the date the action is filed and for the purposes of establishing the value of such land, this Contract shall be deemed never to have existed. Upon the termination of such proceeding, this Contract shall be null and void as to all land actually taken or acquired. (b) Except as provided in subdivision (d) of this Section 8, when such an action to condemn or acquire less than all of a parcel of land subject to this Contract is commenced, this Contract shall be deemed null and void as to the land actually condemned or acquired and shall be disregarded in the valua- tion process only as to the land actually being taken, unless the remaining land subject to this Contract will be adversely affected by the condemnation, in which case the value of that damage shall be computed without regard to this Contract. I’ f *’ I -/ . /- :.’ 575 (c) The land actually taken shall be removed from this Contract. Under no circumstances shall land be removed that is not actually taken, except as otherwise provided in the Act. (d) The provisions of subdivFsion (a) and (b) of this Section 8 shall not apply to or have any force or effect with respect to (1) the filing of any . action in eminent domain for the condemnation of any easement for the erection construction, alteration, maintenance, or repair of any gas, electric, water 0; communication facilities by'any public agency (including the City) or public utility or to the acquisition of any such easement by any public agency (including the City) or public utility, or (2) the filing of any action in eminent domain by any public agency (including the City) for the condemnation of the fee title or lesser estate for the establishment, construction (including the widening and realignment) and maintenance of any road, street or highway whether existing or planned for the future, depicted on the Circulation Elemgnt of the City of Carlsbad General Plan adopted by the City Council (including any amendments thereto adopted by satd Council prior to the date of this Contract) ' or depicted on the plat attached to this Contract and marked Exhibit "C" or .fo the acquisition of any such fee title or lesser estate for such purposes by the State of California or any public agency (including the City); and the filing of any such action in eminent domain for the condemnation of or the acquisition of any such easement, fee tit7e or lesser estate shal! not terminate, nullify or void this Contract anti in the event of the filing of any such action in eminent -domain or acquisition this Contract shall be considered in the valuation process. Section 9. NO PAYMENT BY CITY. The Owner shall not receive any pay- ment from the City in consideration of the obligations imposed hereunder, it being recognized and agreed that the consideration for the execution of the Contract is the substantial public benefit to be derived therefrom, and the advantage which will accrue to the Owner as a result of the effect on the assessed valuation of land described herein due to the imposition of the limit- ations on its use contained herein. Section 10. CANCELLATION. (a) The Owner may petition the City Councif for cancellation of this Contract as to all or any portion: of the land which is subject to this contract but this Contract may not be canceled in whole or in part except by mutual agreement of the Owner and City pursuant to Section 51282 of the Act (Government Code). City may only consent.to the cancellation of this Contract in whole or in part when, after a public hearing has been held in accordance with the provisions of Section 51284 of the Act (Government Code), the Council finds (1) that the cancellation is not inconsistent with the purposes of the Act, (2) that the cancellation is in the public interest, and (3) that it is neither necessary nor desirable to cqntinue the restric- tions imposed by this Contract; provided, however, this,Contract shall not be canceled until the hereinafter specified cancellation fee has been paid, unless such fee or some protion thereof is waived or deferred pursuant to subdivision (c) of Section 51283 of the Act (Government Code). As provided in said Section 51282, the existence of an opportunity for another use of the land involved (Premises) shall not be sufficient reason for cancellation and a potential alternative use of the land may be considered only if there is no proximate, noncontracted land suitable for the use to which it is proposed the land (Premises) be put. The uneconomic character of an existing agri- cultural use shall likewise not be sufficient reason for cancellation and the -3- 1 : I. ; ,,-, ; 1. 576 uneconomic character of an existing agricultural use shall likewise not be sufficient reason for cancellation and the uneconomic character of the exist- ing use may be considered only if there is no other reasonable or comparable agricultural use to which the land (Premises) may be put. (b) Prior to any action by the City Council giving tentative approval to the cancellation of this Contract, the County Assessor shall determine the full cash value of the land as though it were free from the. restrictions of this Contract. The Assessor shall multiply such value by the most recent County ratio announced pursuant to Section 401 of the Revenue and Taxation Code and shall certify the product to the City Council as the cancellation valuation of the land for the purpose of determing the cancellation fee hereinafter spec- ified. (c) Prior to giving tentative approval to the cancellation of this Contract the City Council shall determine and certify to the County Auditor the amount of the cancellation fee which the Owner must pay the County Treasurer as deferred taxes upon cancellation. Notwithstanding the provisions of sub- division (b) of Section 51283 of the Act (Government Code), if cancellation occurs within the first five-year period of the term of this Contract, the cancellation fee shall be 100% of the cancallation valuation of the land; if cancellation occurs after the expiration of the first five-year period of this Contract the cancellation fee shall be an amount equal to 100% of the cancell- ation valuation of the land less 5% of said cancellation valuation of each year this Contract has remained in effect in excess of the aforementioned first five-year period; provided, however, in no event shall the cancellation fee be less than an amount equal to 50% of the cancellation valuation of the land. If after the date this Contract is initially entered into the publicly announced County ratio of assessed to full cash value is changed, the percentage payment specified in this paragraph shall be changed so no greater percentage of full cash value will be paid then would have been paid had there been no change in such ratio. (d) The City Council may waive or defer payment of the cancellation fee or any portion thereof in accordance with subdivision (c) of Section 51283 of the Act (Government Code). (e) Upon approval by the City Council of the above mentioned cancell- ation petition and payment of the cancellation fee, the City Clerk shall record in the office of the County Recorder a certificate which shall set forth the name of the owner of such land at the time the Contract is can- celed with the amount of the cancellation fee specified by the City Council pursuant to Article 5 of the Act (Section 51281 et seq., Government Code) and a legal description of the property. From the date of::recording.of such certificate, this Contract or such portion thereof as is appropriate shall be finally canceled. (f) Upon approval by the City Council of the above mentioned cancell- ation petition and waiver or deferment in whole or in part of the cancellation fee, the City Clerk shall record in the office of the County Recorder a certificate which shall set forth the name of the owner of such land at the time the contract is canceled with the amount of the cancellation fee spec- ified by the City Council as being due pursuant to Article 5 of the Act (Section 51281 et seq., Government Code), the contingency of such waiver or deferment of payments, and a legal description of the property. From the date of recording of such certificate the Contract shall be finally canceled, . -4- I. * * : . ’ m ,I 1, .L 577 and to the extent the cancelfation fee has not yet been paid or waived, a lien shall be created and attached against the real property described there- in and any other real property owned by the person named therein as the owner and located within this City. Such lien shall be in favor of the City, shall have the force, effect and priority of a judgment lien and shall remain in effect until the unwaived portion of the cancellation fee is paid in full. Upon the payment of the cancellation fee or any portion thereof, the City Clerk shafl record with the County Recorder a written certificate of the release in whole or in part of said lien. Section 11, DIVISION OF LAND - MINIMUM SIZE PARCELS. The Owner shall not divide the Premises contrary to the restrictions on the division of Premises as set forth in Exhibit "B(' attached hereto. Section 12. CONTRACT BIDS SUCCESSORS. The term "Owner" as used in this Contract shall include the singular and plural and this Contract shall be binding upon the inure to the benefit of all successors in interest of the Owner including but not limited to heirs, executors, administrators, , and assignees. In the event the land under this Contract or any portion thereof is divided, the Owner of any parcel may exercise, independent of any other owner of a portion of the divided land, any of the rights of the Owner in the original Contract including the right to give notice of non- renewal and to petition for cancellation. The effect of any such action by the owner of a parcel created by the division of land or any portion thereof subject to this Contract shall not be imputed to the owners of the remaining parcels and shall have no effect on this Contract as it applies to the re- maining parcels of the divided land. Section 13. REMOVAL OF LAND FROM PRESERVE. Removal of any land under this Contract from an agricultural preserve, either by change of boundaries of the preserve or disestablishment of,the preserve shall be the equivalent of a notice of nonrenewal by the City; provided, however, that the City shall, at least 60 days prior to the next renewal date foJlowing the removal, serve a notice of nonrenewal as provided in Section 51245 of the Act (Government Code). Such notice of nonrenewal shall be recorded as provided in Section 51248 of the Act (Government Code). Secti,on 14. CONVEYANCE CONTRARY TO CONTRACT. Any conveyance, contract or authorization (whether oral or written) by the Owner or:his successors in interest which would permit the use of the Premises or create a division of the Premises contrary to the terms of this Contract, or any renewal thereof may be declared void by the City Council; such declaration or the provisions of this Contract may be enforced by the City by an action filed in the Superior Court of the County for the purpose of compelling compliance or restraining a breach thereof. Section 75. OWNER TO PROVIDE INFORMATION. The Owner, upon request of the City, shall provide information relating to the Owner's obligations under this Contract. . -5- - . :’ , .., ‘. “-, 523 : . Section 16. NOTICE. Any notice given pursuant to this Contract may, in addition to any other method authorized by law, be given by United States mail, postage prepaid. Notice to the City shall be addressed as'follows: City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Notice to the Owner shall be addressed as follows: Carltas Corp. P.O. Box 488 Envinitas, CA 92024 IN WITNESS WHEREOF, the Owner and the City have executed this Contract on the day first above written. 2' t ' 'ti' -Jx.,- - 1;1 *,,a ,,"**="**., 5 .?A : , -2 -.$.a ** . i--. 3-J .. l ..‘v I ‘w. . ’ .” + : 2” . A.- : c .;. / $2‘ r * ' I t I c . P , I ‘I t , This is to certify that the foregoing contract is hereby executed on behaJf of the City Council of 1 said City of Carlsbad pursuant to authority con- . ferred by City Council Resolution No; 3853.' t adopted on F&ru'arj, 17,. 1976 and the City .iisi"":' 'I . \ consents to recordation thereof by its duly authorlt~d:;::::;, officer. I_, ; I..i*-., ._ .*_1 -- I.,, , II.,+. 1 T , >.i -, .I I Datw Zd, /??L B / I/ / NOTE: All signatures of owners must be a public or public officer authoriz . -6- . \ . -. - ’ .‘., . .- 580 . - .. *. * . - I * . EXHIBIT A ._ LEGAL DESCRIPTION That portion ,of Lot F, Lot G and Lot H of the Rancho A&a Hedionda, in the County of San Diego, State of California, according to Map thereof No. 823 on file in the Office of the County Recorder of said County lying Northerly of Road Survey No. 1534 (Palomar Airport Road) on file in the Office of the County Engineer of said County and located within the following described'line: COMMENCING at Engineers,Station 43a46.41 .as shown onsaid Road Survey No. 1534 (Palomar Airport Road); thence along the cer$erline of said Road Survey North 870 50' 28" West, 565.00 feet to'the TRUE POINT OF BEGINNING; thence leaving said centerline North 12O 00' 00" West,.about 2625.00 feet; thence South 67O 30' 38" West, 132-00 feet; thence North 69" 05' 00" West, 990.00 feet; thence South 67" 30' 38" West, 116O.OD feet to an intersection with the Westerly line of land conveyed to . Carl tas Corporation; thence along said line North 22" 35' 15" blest, about 2748.00 feet to ai !iritersection with the centerlinti of Cannon Road, said intersection being the Northwesterly corner of land conveyed to Carltas Corporation; thence continuing along a convex curve with a radius of 1000.00 feet, about 290.00 feet.(said radius being the Easterly extension of the centerline of Cannon Road and a portion of the Northerly line of land conveyed to Carltas Corporation);*thence continuing along said Northerly line South 79" 05' 50" East, 2067.22 feet to the beginning of a concave curve with a radius of 2000.00 feet; thence along said curve, 232.49 feet to the end of said curve; thence South 85" 28' 16" East, :: 2157.69 feet to the beginning of a concave curve with a radius of 2000.00 feet; thence continuing along said curve,' 481.59 feet to.the end of said curve: thence North 80" 43' 25" East, 321.54 feet to the Northeasterly corner of land conveyed to Carltas Corporation; thence along the Easterly line of said conveyed land South O" 32' 00" East, 4083.00 feet.to an intersection with the centerline of said Road Survey No. 1534 (Palomar Airport Road); thence along.said centerline South 70" 45' 53" West, 515.18 feet to the beginning of a convex curve with a radius of 2000.00 feet; thence continuing: along said curve, 746-79 feet to the end of said curve; thence along said centerline North 87" 50' 28" West, 620.00 feet to the TRUE POINT OF BEGINNING. -7- . . . * : I / - I_ .,” . 6. * C * 581 EXHIBIT B AGRICULTURAL PRESERVE NO. 76-l Section 1. In the above named Agricultural Preserve only the follow- ing uses are permitted: a) The following agricultural uses: 2) 3) 4) 5) 6) 7) 8) Cattle, sheep, goats and swine production, provided that the number of any one or combination of said animals shall not exceed one animal per half acre of lot area'. Said animals shall not be located within fifty feet of any habitable structure, nor shall they be located within three hundred feet of habitable structure on an adjoining parcel zoned for residential uses, nor shall they be located within one hundred feet of a parcel zoned for residential uses where a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated; Crop production; Floriculture; Greenhouses; Horses, private use; Nursery crop production; ' Poultry, rabbits, chinchillas, hamsters and other small ani- mals provided not more than twenty-five of any one or combina- tion thereof shall be kept within fifty feet of any habitable structure, nor shall they be located within three hundred feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall they be located within one hundred feet of a parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated; Roadside stand for display and sale of products produced on the same premises, provided that the floor area shall not exceed two hundred square feet and is located not nearer than twenty feet to any street or highway; Tree farms; Truck farms; Wildlife refuges and game preserves; j- ’ f .*: A \ 1.. . ‘.. - . b) .- ,,-- 582 12) Other uses or enterprises similar to the above customarily carried on in the field of general agriculture. 13) The following uses if necessary and incidental to‘the agri- cultural use of the land: 4 Accessory uses and accessory buildings and structures, including but not limited to private garages, children's playhouses, radio and television receiving antennas, windmills, silos, ,tank houses, shops, barns, offices, coops, lath houses; stables, pens, corrals, and other simi,lar accessory uses and structures required for the conduct of the permitted uses; b) Dogs, cats and other domestic pets, provided not more than four dogs or four cats older than six months or any combination thereof shall be kept on any lot or parcel of land; \ d Farmhouse, single-family dwelling; ' d) Guest house; 4 Home oppupation. The following compatible uses, provided a conditional use permit authorizing such use is issued by the Planning Commission or City Council of the City of Cartsbad. Such conditional use permit shall be applied for, considered, granted or denied in the manner pre- scribed by the Zoning Ordinance of the City of Carlsbad for the application for, consideration, granting or denying of applications for 1) conditional use permits under that ordinance, - -- Apiary, provided that all hives or boxes housing bees shall be placed at least four hundred feet from any street, school, "RI' zone, or from any dwelling or place of human habitation park, other than that occupied by the owner or caretaker of the apiary; 2) 3) 4) 5) 6) Aviaries; Poujtry, rabbits, chinchillas, hamsters and other small animals in excess of the number specified in Section 21.07.020; Farm employee housi,ng for persons working on site, provided the number of units shall not exceed two per gross acre of land area and no such housing is located closer than fifty feet from any lot line; Hay and feed stores; Nurseries, retail and wholesale: -9- -‘c . . ’ 4 .; .* * . 583 . h 7) Packing sheds or small processing plants for farm crops, similar to those being grown on the premises, provided no.; such processing plant is located within fifty feet of any lot line; 8) Public works projects; 9) Sanitary landfills, temporary; m Stables and riding academies, public; Section 2. Notwithstanding the provisions of Section'l, no dwelling, guest house, farm employee housing or farm Tabor camp shali be constructed, erected or maintained upon any premises containing an area of less than 10 acres; provided, however, one single family dwelling may be constructed and maintained on the premises subject to this Contract. Section 3. Nothing herein shall be construed to authorize the establish- ment or continuation of a use of real property contrary in any provision of the Zoning Ordinance of the City of Carlsbad including any amendments thereto, heretofore or hereafter adopted. Section 4. The premises subject to this Contract shall not be divided so as to create a parcel of land having an area of less than 10 acres, pro- vided that this restriction shall not be construed as prohibiting the owner of premises having an area of more than 10 acres (hereinafter referred to as the Grantor) from conveying to the owner of contiguous premises subject to a Contract of equal or longer unexpired term a parcel containing less than 10 acres-for the purpose of enlarging such contiguous premi.ses where the remainder of the Grantor's premises after such conveyance has an area of not less than 10 acres. Section 5. "Area" means an area of land inclusive of that land within easements or rights of way for roads, streets and/or highways. Section 6. Definitions. The definition of words set forth in the Zoning Ordinance of the City of Carlsbad shall apply to the words used herein unless otherwise specifically defined herein. 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