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AP 76-01C; Carlsbad Ranch Specific Plan; Agricultural Preserves (AP)
of tt 1993-0243908 ECORDING REQUESTED BY AND HEN RECORDED MAIL TO: W ) ity Clerk ) ~ , A 21~APR-1993 10 = 20 Af! ITY OF CARLSBAD ) 1 D4U 200 Carlsbad Village Drive ) OFFICIAL RECORDS arlsbad. California 92008-1989) SftH DIEGO COUNTY RECORDERSJFFiCE RNNUlh EUf)HS« COUNTY RECORDER THIRD AMENDMENT TO RF: 6.o0 FEES= 14.00 AF: ?'.00 LAND CONSERVATION CONTRA<fflT- 1.00 AGRICULTURAL PRESERVE NO. 76-01 APPLICATION NO. AP 76-01 (C) By this third amendment dated 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 Encinas, Suite 100 Carlsbad, California 92008 • 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 first 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 occur until all conditions and contingencies specified in the agreements have been satisfied. CARLTAS COMPANY, A CALIFORNIA LIMI PARTNERSHIP AUL ECKE, JR., GENERAL PARTNER 'OWNER" Cm? OF CARLSBAD, A MUNICIPAL CORPORATION By: CLAUDE A. "CITY1 ;, MAYOR (Notarial Acknowledgements) -2- ACKNOWLEDGMENT No. 5193 Hnuntyof San Dieqo nn 04/05/93 before me, Diane S. Fischer, Notary Public 'NAME. TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC" personally appeared PAUL. ECKE, JR. NAME(S) OF SIGNER(S) 0 personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person^ whose name(>0 is/a*e- subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/bor/their authorized capacityfws}, and that by his/hor/thotf signature(X) on the instrument the personQO, or the entity upon behalf of which the person(X) acted, executed the instrument. OFFICIAL SEAL DIANE S. FISCHER INOTARY PUBLIC CALIFORNIA SAN DIEGO COUNTY My Comm. Expire* D»c 16. 1994 SS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL SECTION i 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 [3 CORPORATE OFFICER(S) TITLE(S) g] PARTNER(S) Q LIMITED fjTJ GENERAL Q ATTORNEY-IN-FACT n TRUSTEE(S) C] GUARDIAN/CONSERVATOR n OTHER: SIGNER IS REPRESENTING: NAME OF PEBSON(S) OR ENTITY(IES) Carltas Company, a California limitedpartnership wi ii wivnh. wkw i i wi* ^^^^—^^^^—"^^^^^^^^^^"^^^"^^^^•••••^^^^^^^^^^^^^^^^^^^••i^^^™^^^^^^^^™ THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT 3rd Amend, to Land Conservation Contract THE DOCUMENT DESCRIBED AT RIGHT: ~ " ~ Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ft . . , . A. LeWIS, Mayor ©1992 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 :sssssssssssssssssssssssssssss . State nf California County of San Diego On April 13, 1993 DATE before me,_Karen R. Kundtz, Notary Public NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC" Claude A. Lewispersonally appeared _ NAME(S) OF SIGNER(S) 09 personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are- subscribed to the within instrument and ac- knowledged to me that he/ahe/they executed the same in his/hef/theff authorized capacity(te9), and that by his/lw/their signature(s) on the instrument the person(s), orthe entity upon behalf of which the person(«) acted, executed the instrument. Witness my hand and official seal. OFFICIAL SEAL KAREN R. KUNDTZ NOTARY PUBLIC • CALIFORNIA HftlNCIPAL OFFICE IN SAN OIE60 COUNTY My. Comm. Exp Sepl 27,1993 CAPACITY CLAIMED BY SIGNER D INDIVIDUAL(S) rj CORPORATE OFFICER(S) TITLE(S) Q PARTNER(S) n ATTORNEY-IN-FACT Q TRUSTEE(S) n SUBSCRIBING WITNESS n GUARDIAN/CONSERVATOR 0 OTHER: Mayor, CAt-y nf Carlsbad SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) City of Carlsbad ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document 3rd. Amendment to Land Conservation Contract TO TifDScTjMCEHNETD Number of Pa9es 2 Date of Document 4/12/93 DESCRIBED AT RIGHT: Signer(s) Other Than Named Above. SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS Paul Ecke, Jr. e 1991 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O. Box 7184 • Canoga Park, CA 91304-7184 CftRlTflScomponv April 6, 1993 y, X P t/*XV Mr. Don Neu ^ ^ Senior Planner City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009-1576 Re: Third Amendment to Land Conservation Contract Agricultural Preserve No. 76-01 Dear Don: Enclosed is the original amendment executed by Paul Ecke, Jr. in reference to the above subject. Please have the amendment signed by Mayor Lewis, notarized and then forwarded to us for recordation. If you have any questions, please feel free to call. Very truly yours, Christopher C. Calkins Manager CCC/dsf Enc. 1-90-051 5600AVENIDAENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431-5600 FAX (619) 431-9020 760 RECORDING REQUESTED BY WHEN RECORDED, :r ! - __ .. MAIL THIS INSTRUMENT TO: : ';;i jtt 77; :;:__._ ". i. . TT^ T' .* -' . ' r _ • '- CITY CLERK ::; VJ : : City of Carlsbad "• 7•'.'. 1200 Elm Avenue '^' '.""• Carlsbad, California 92008-1989 APN: 211-021-18, 19, 27, 28, 29; 211-010-25; 900-000-08, 09 SPACE ABOVE FOR RECORDER'S USE NOTICE OF NON-RENEWAL Agricultural Preserve 76-1 NOTICE IS HEREBY GIVEN: WHEREAS, the undersigned Carltas Company, a California Limited Partnership is the owner of that certain real property described in the attached Exhibit "A," a portion of which is subject to that certain Land Conservation Contract No. 76-1 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 of said Contract as to all properties subject to said Contract. NOW, THEREFORE, said owner does hereby declare its intent not to renew said Contract No. 76-1 , effective January 1. 1992 as to all properties subject to said Contract. CARLTAS COMPANY, a California Limited, Partners! By: eke, Jr., General Partner STAT£ '99 j, 1°. -' /bef,ore s,g and for 76 Exhibit "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED I. N THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, 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 OF SAID RECORD OF SURVEY MAP NO. 12462; THENCE ALONG THE BOUNDARY THEREOF SOUTH 70°46'03" WEST 582.98 FEET (RECORD SOUTH 70'45'5-1" WEST 582.66 FEET) TO THE BEGINNING OF A TANGENT 1950 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21°23'39" A DISTANCE OF 728.13; THENCE TANGENT TO SAFD CURVE NORTH 87° 50'18" WEST (RECORD NORTH 87° 50'28" WEST) 2069 . l'6 FEET TO THE INTERSECTION OF THE NORTHERLY LINE OF PALOMAR AIRPORT ROAD AND THE EASTERLY LINE OF PASEO DEL NORTE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 124L2; THENCE CONTINUING ALONG THE BOUNDARY THEREOF, NORTH 2°09'22" EAST 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 SAID 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 THE 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 THROUGH A CENTRAL ANGLE OF 90°00'03" (RECORD 89°59'47") 39.27 FEET; THENCE TANGENT TO SAID CURVE NORTH 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 -1- 763 61.40 FEET (RECORD NORTH 22° 29'22" WEST 61.43 FL..11) TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3j"55'23" A DISTANCE OF 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 79.98 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 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 338.91 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 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 ^ 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 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 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 NORTH 22°29'22" WEST 234.48 FEET) TO THE 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 FEET (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 — «<• THROUGH A CENTRAL ANGLE OF 29"4U'JV' A DISTANCE OF 174.02 FEET (RECORD 29"40'24", 174.01 FEET); THENCE TANGENT TO SAID CURVE NORTH 11°31'17" EAST 73.96 FEET (RECORD 74.00 FEET) TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHERLY, NORTHEASTERLY AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89 " 59 ' 58" (RECORD 90°00'00") A DISTANCE OF 39.27 FEET; THENCE RADIAL TO SAID CURVE NORTH 11°31 '15" EAST (RECORD NORTH 1J "31' ]7" EAST) 51.00 FEET TO A POINT ON THE NORTH LINE OF THAT CERTAIN 423.512 ACRE PARCEL DESIGNATED AND DELINEATED AS THE "CARLTAS COMPANY" LAND ON SAID RECORD OF SURVEY MAP NO. 12462; THENCE ALONG SAID NORTH LINE SOUTH 78°28'45" EAST 1286.73 FEET (RECORD SOUTH 78"28'43" EAST 1286.67 FEET) TO THE BEGINNING OF A TANGENT 2000 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6°24")U" A DISTANCE OF 223.96 FEET (RECORD 6'24'19", 223.59 FEET); THENCE 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 EASTERLY 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 '^ SOUTH 0°03'30" WEST 160.00 FEET; THE SOUTH 89°56'30" EAST 120.00 FEET; THENCE SOUTH 0°03'30" WEST (RECORD SOUTH 0"03'59" WEST) 110.00 FEET; THENCE SOUTH 0 ' 01 ' 1'J" WEST 2333.28 FEET (RECORD SOUTH 0°02'00" WEST 2332.51 FEET) TO THE POINT OF BEGINNING. -3- MAR 06 1992 CITY OF CARLSBAD CITY OF CARLSBAD ENGINEERING DEPARTMENT 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008-1989 (619) 434-2891 RONALD R. BALL - FAX NO. (619) 434-8367 , ACTING CITY ATTORNEY KAREN J. HIRATA DEPUTY CITY ATTORNEY March 6, 1992 Monica R. Browning, Esq. Carltas Development Company 5600 Avenida Encinas, Suite 100 Carlsbad, California 92008 RE: LAND CONSERVATION CONTRACT NO. 76-1/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. Very-<ruly yours, RONALD R. BALL Assistant City Attorney afd Enclosure c: City Engineer w/attachment City Clerk 760 aOi-OCT RECORDING REQUESTED BY WHEN RECORDED, MAIL THIS INSTRUMENT TO: CITY CLERK City of Carlsbad 1200 Elm Avenue "F: •..:;;• Carlsbad, California 92008-1989 APN: 211-021-18, 19, 27, 28, 29; 211-010-25; 900-000-08, 09 AF-- -— SPACE ABOVE FOR RECORDER'S USE OF "' " "•""-•" ~fc: Agricultural Preserve 76-1 NOTICE HEREBY_ ^GVJN WHEREAS, the under sigr^ffjgjfjgj/ffjgjima Calif ornia Limited Partnership is the owner of tHat ;crertain real ^property described in'- the attached Exhibit 7'A, " ., a portion of ^which is subject 'to that certain Land Conservation Contract:- No. ^76-1 -recorded • .•• •• March • 1 .• : 1926_, Document No. 059758 , in- the Office of , the County Recorder of. San. Diego County, i. and.. jr...; ..•:.• -^' "'"' " •• i: • ; •• WHEREAS, 'said owner! desires a'Son-reriew^fpf :said to .all properties /sub ject :to said 'contract ^i^fcfi&^;^-,SMam^r<^. ••-•••'-• -- •- --"- • -- - - •'•=•••'-• A"*-jft^spfry;.l,r'-Y'i,«;-:;'i;;W;r.Wi.^>..:;--i>.> ... . , ,.^~i-.-^.-iR^-.w-~~.5.,v^~^~..*,a^^ ^v-T:^~-:-•NOW,-^THEI^FpI^^Sa±d.;pwner.•:::iao'_ "" to renew said .Contract:lNo'3P76-1 :^e'f fectiye"''^iranuarv;-i'fo1992 "'-Vas1 to all properties;;;subject!;to;said .Contract.s= " . ^:-:«Sj5^S5:H;f;Si;W ~r.v."•:c^:^-f^'-:-:^f: a.&y- , Jr., General Partner ss s ^A^^X^i f Exhibit "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND LS DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1092, 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 OF SAID RECORD OF SURVEY MAP NO. 12462; THENCE ALONG THE BOUNDARY THEREOF SOUTH 70*46'OJ" WEST 582.98 FEET (RECORD SOUTH 70'45'5J" WEST 582.66 FEET) TO THE BEGINNING OF A TANGENT 1950 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21'23'39" A DISTANCE OF 728.1'3; THENCE TANGENT TO SATD CURVE NORTH 87°50'18" WEST (RECORD NORTH 87°50'28" WEST) 2069. l'6 FEET TO THE INTERSECTION OF THE NORTHERLY LINE OF PALOMAR AIRPORT ROAD AND THE EASTERLY LINE OF PASEO DEL NORTE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 12462; THENCE CONTINUING ALONG THE BOUNDARY THEREOF, NORTH 2'09'22" EAST 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 SAID 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 THE BEGINNING OF A TANGENT 557 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY AND NORTHERLY ALONG SAID 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 S28.02 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 THROUGH A CENTRAL ANGLE OF 90'00'03" (RECORD 89'59'47") 39.27 FEET; THENCE TANGENT TO SAID CURVE NORTH 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 22'21J'21" WEST -1- "63 bl.40 FEET (RECORD NORTH 22*29'22" WEST 61.41 FI...I1) 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 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 79.98 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 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 33H.91 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 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 ANG*LE 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 338.90 FEET (RECORD NORTH 22'29'22" WEST 33B.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 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 33 "55'23" A DISTANCE OF 63.65 FEET TP 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 CLfRVE NORTH 22"29'21" WEST 234.47 FEET (RECORD NORTH 22"29'22" WEST 234.48 FEET) TO THE 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 4l'll'42" EAST 99.98 FEET (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- I .ft THROUGH A CENTRAL ANGLL' OF 29"40'JV A DISTANCE OF 174.02 FEET (RECORD 29 "-10''2-1" , 174.01 FEET); THENCE TANGENT TO SAID CURVE NORTH H'31'17" EAST 73.96 FEET (RECORD 74.00 FEET) TO THE BEGINNING OF A TANGENT 25.00 FOuT RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHERLY, NORTHEASTERLY AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89"59'58" (RECORD 90"QO'00") A DISTANCE OF 39.27 FEET; THENCE RADIAL TO SAID CURVE NORTH 11'31 '15" EAST (RECORD NORTH 1 1 * 3 1 ' 1 7 " EAST) 51.00 FEET TO A POINT ON THE NORTH LINE OF THAT CERTAIN 423.512 ACRE 1'ARCEL DESIGNATED AND DELINEATED AS THE "CARLTAS COMPANY" LAND ON SAID RECORD OF SURVEY MAP NO. 12462; THENCE ALONG SAID NORTH LINE SOUTH 78'28'45" EAST 1286.73 FEET (RECORD SOUTH 78 "28'43" EAST 1286.67 FEET) TO THE BEGINNING OF A TANGENT 2000 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6"24">U" A DISTANCE OF 223.96 FEET (RECORD 6'24'19", 223.59 FEET); THENCE 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 EASTERLY 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 \ SOUTH 0*03'30" WEST 160.00 FEET; THE SOUTH 89'56'30" EAST 120.00 FEET; THENCE SOUTH 0*03'30" WEST (RECORD SOUTH 0*03'59" WEST) 110.00 FEET; THENCE SOUTH 0'01'19" WEST 2333.28 FEET (RECORD SOUTH O'02'OO" WEST 2332.51 FEET) TO THE POINT OF BEGINNING. -3- 03/05/92 12:02 CflRLTflS COMPflNY 002 C/XRLTAS DEVEL.OPIVIEIMT COMPANY March 5, 1992 Ronald R. Ball/ Esq. City of Carlsbad City Attorney*s Office 1200 Carlsbad Village Drive Carlsbad/ California 92008 Re: Carlsbad Ranch Notice of Nonrenewal/ Traffic Signal Maintenance Easement Dear Eon: As I explained during our telephone conversation this morning, our office received an updated title report which did not show the Notice of Nonrenewal as an exception affecting the Carlsbad Ranch. I am enclosing a copy of the cover letter which accompanied the original Notice delivered to the city Cleric in September, I would appreciate it if you would investigate the status of the Notice and let me know as soon as possible how the matter is proceeding. I am also enclosing a copy of a grant of easement form which was delivered from Sherri Howard of the Engineering Department to Kathy Nishihara of the Price Company. Ms. Nishihara forwarded the form to our office for review and execution, x have enclosed language to be inserted as indicated on the enclosed copy of the form for your review, if the additional language is satisfactory/ please return a revised form to me for execution. X look forward to hearing from you soon. Vary truly yours, Monica R. Browning cc; Christopher c. Calkins Kathy Nishihara 5600 AVENIDA ENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U-S.A. 1(619)431-5600 > FAX (619) 431-9020 03/05/'92 12:02 CflRLTflS CQMPflNY CfiRLTflScompany September 6, 1991 Ms. Aletha L. Rautenkranz City Cleric's Office City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Dear He. Rautenkranz: Enclosed please find two (2) executed original counterparts of the Notice of Non-Renewal for the land subject to Land Conservation contract No. 76-1. Please note, as required under Section 51245 of the California Government Code, that delivery is »ade prior to the deadline (i.e., 90 days prior to January 1, 1992). if the Notice appears in order, we w&uld 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, ler C. Calkins;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 (B19) 431-9020 03/0S/-92 12:03 CflRLTflS CQMPflNY 004 WHEN RECORDED, MAIL THIS INSTRUMENT TO: CITY CLERK City of Carlsbad 1200 Elm Avenue Carlsbad/ California 92008-1989 APN: 211-021-18, 19, 27, 28, 29; 211-010-25; 900-000-08, 09 ------------------ SPACE ABOVE FOR RECORDER 'S USE — - --------------- NOTICE OF HON-RENEWAIi Agricultural Preserve 75-1 NOTICE IS HEREBY GIVEN J WHEREAS, the undersigned carltas Company, a California Limited Partnership is the owner of that certain real property described in the attached Exhibit "A," a portion of which is subject to that certain Land Conservation Contract No» 76~1 recorded March 1. 13.76 _f Document No. 059758. in the Office of the County Recorder of San Pi ego County, and WHEREAS, said owner desires a non-renewal of said contract as to all properties subject to said Contract, NOW, THEREFORE, said owner does hereby declare its intent not to renew said Contract No. 76-1 , effective January 1. 1992 as to all properties subject to said contract. CARLTAS COMPANY, a California Limited^ Partners rt ,jf\*r\^i^r \^f i -j*_y^__f jfi,,„,,,„,- ,~ _.^cks~", Jr.,^Gen^ral Partnerasif0?/ iDated: 03/05x92 12:03 CflRLTflS CQMPflNY 005 I CAT. NO, NNOOG30 TO 194BCA(9-84) (Partnership) STATU OF CALIFORNIA COUNTY 01'>TICOR TITLE IN5URANC6 On f snid State, personally appeared . &. /•?<?(before pie, the undersigned, a Notary Public in and for ___ , personally known to me 01' proved tu inc on the basis of Sillisfiitiory evidence to be -LiC person .ri who executed the within iiutrumcnt as «&. of the nartncrs of il: tliat executed rhc wlilitn Iftsiriiiiioiic., utid acknowledged to me dim such partnership executed the same. WITNESS my hunj and official seal. ff\ ^if .. MARY ANNE MOYER Cflllc «rc» for Otticlnl nutuiil KuiH 03/05^92 12:04 CflRLTflS CQMPflNY 006 Exhibit "A" LEGAL DESCR T V"l' f ON THE LAND REFERRED TO U15RISIN IS SITUATED IN THE STATE OF I CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS; ALL 'THAT PORTION OF LOT "un OF RANCHO AGUA HJSIHONIM, IN THE CITY" OF CARLSBAD, COUNTY OP SAN DIEGO, S TAT IS Of CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED fN TUli OFFICE OF THIS \ COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1892, AS SHOWN i ON RECORD OF SURVEY MAP MO. 12462, FILED DE-CEMHBR 28, l!>ay AS I FILE MO. 89-70-1915 Of OFFICIAL RECORDS, AND IJlilNG MORE I PARTICULARLY DESCRIBED AS FOLLOWS: | i BEGINNING AT THIS SOUTHEAST CORNER OF SAID RECORD OF SURVEY MAP „ j HO. 12462; THENCE ALONG THE BOUNDARY THEREOF SOUTH 70'46'OCi" I WEST 502.911 FEET (RECORD SOUTH 70'45'53" WEST bU2.to6 FEET) TO ! THE BEGINNING OP A TANGENT 1950 FOOT RADIUS CURVE CONCAVE1. 1 NORTHERLY; THENCE WESTERLY ALONG SAJl) CURVE THROUGH A CENTRAL ' ANGLE OF 21'23'39" A DISTANCE OP 720.13; THENCE TANGENT TO SAT'S CURVE NORTH 07'50'IB" WEST (RECOWIJ NORTH 87'bO'28" WEST) 2069.V6 FEET TO THE INTERSECTION Or THE NORTHERLY LINE Ol" PALOMAR AIRPORT ROAD AND THE EASTERLY LINE OK I'ASISO DliL NOR'L'E AS SHOWN ON SAID RECORD OF SURVIJY MAP NO. 12«|«,2j THENCE CONTINUING ALONG THE BOUNDARY THEREOF, NORTH 2*09'22" EAST 1/7.11 FEET (RECORD NORTH 2 "09'37" EAST 177,29 FEET) TO THE lifcUlNNLNU OF A TANGENT 643 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHERLY, NORTHWESTERLY. AND WESTERLY ALONG SAIU CURVE THROUGH A CENTRAL ANGLE OP 79'59'43" A DISTANCE OF 897.71 l-'EET (RECORD 79*50'45", 897. SC P'EET); THENCE TANGENT TO SAID CURVE NORTH 77 "50 "21" WEST 99.98 FEET (RECORD 100,00 i-'EBT) TO THE BEGINNING OP A TANGENT 557 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OP 55*20'50" A DISTANCE OF t>aO.OV FEET; THENCE TANGENT TO SAID CURVE NORTH 22'29'2G" WEST U28.00 FEET (RECORD NORTH 22'29'10" WEST 028.02 FEET) j TUliNCK NORTH 6V "JO'34" EAST 5.15 FEET (RECORD NORTH 67 "JO'50" PAST 5.20 FEET) TO THE BEGINNING OF A NON-TANGENT 25.00 FOOT RADIUS CURVE, A KADiAL LINK TO SAID l»OINT BEARS SOUTH 67'30'34" WEST IHfcX.'OHO MOUTH fa7*30'50" WEST)> THENCE NORTHERLY, NORTHEASTERLY AND EASTIiHLY ALONG SAJ.D CURVE THROUGH A CENTRAL ANGLE OF 90 "00'03" (HliCORD 89 * bi) ' 47 " ) 39.27 FEET; THENCE TANGENT TO SAID CURVE NORTH 67"30'37" EAST 410.18 P'lSET (RECORD 410,14 FEET) TO THE BEGINNING OF A TANGENT ,13(5.00 FOOT RADIUS CURVE CONCAVE NORTHWEST[SRLY; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89'59'58" A DISTANCE OF 527.70 FEET • (RECORD 89'59'39", 527.79 FEET); THENCE TANGENT TO SAID CURVE NORTH 22'29'21" WEST 03/05x92 CflRLTfiS COMPflNY ^ 00? Gl. .40 FEET (RECORD NORTH 22'29'22" WEST 61.4'.1 I-'L..!') TO THEU Ell TUNING Of A TANGENT 10.00 KOOT RADIUS CURVE CONCAVE EASTERLY ;THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3V 55'23" A DISTANCE OF 5.92 l-'lSET TO THE NEC INN ING OK A REVERSE 107.50 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH ft CENTRAL ANGLE 01-' 33 "55'23" ft DISTANCE OF 63.65 FEET; THENCE TANGENT TO SAID COlWE NORTH 22"29'21" WEST 79.00 PIT. 1ST (UKCORD NORTH 22"23'22" WEST ttO.OO FEET) TO THE UIJGINNING OP A TANGENT 107.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTH WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33'55'23" A DISTANCE OK 63.65 PEET TO TUB BEGINNING OF A REVERSE 10.00 TOOT RADlbS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OP 33'5V23" A DISTANCE OF 5.92 FEET; THENCE TANGENT TO SATO CURVE NORTH 22'29'21" WEST 33U.91. FEET (RECORD NORTH 22'29'22" WEST 330.05 PRET) TO THE BEGINNING OP A TANGENT 10.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OP 33*55'23" A DISTANCE 5.92 PEET TO THE BEGINNING OF A REVERSE 10?,50 FOOT RADIUS CURVECONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33*55'23" A DISTANCE OP 63.65 FEET; THENCE TANGENT TO SAID CURVE NORTH 22"20'21' WEST 79.96 PEET (RECORD NORTH 22'29'22" WEST 80.0.0 FEET) TO THE BEGINNING OF A TANGENT 107.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF "* 33'55'23" A DISTANCE OF 63.65 PEET TO THE BEGINNING OP 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 33U.85 FEET), TO THE BEGINNING OF A TANGENT 10.00 i?OOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVETHROUGH A CENTRAL ANGLE OP 33"5I5'23" A DISTANCE OP 5.02 FEET TO THE BEGINNING OF A REVERSE 107.50 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33'5S'23" A DISTANCE OP 63.65 FEET; THENCE TANGENT TOSAID CURVE NORTH 22'29'21" WEST 79.96 FEET (RECORD NORTH22'29'22" WEST 00.00 FEET) TO THE BEGINNING OF A TANGENT 107.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33'55'23" A DISTANCE OF 63.65 FEET TO THE BEGINNING OP A REVERSE JO.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAIDCURVE THROUGH A CENTRAL ANGLE OP 33"55'23" A DISTANCE OP 5.92 FEET; THENCE TANGENT TO SAID CURVE NORTH 22*29*21" WEST 23-1,47 I-'EET (RECORD NORTH 22"29'22" WEST 234.4U PEET) TO THE BEGINNINGOF A TANGENT 204.00 FOOT RADIUS CURVE CONCAVE .'SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE1, 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 PEET (RECORD NORTH 4 I'll Ml" EAST 100.00) TO THE BEGINNING OF A TANGENT 336.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE -2- 03/05/92 ^^ 1^06 CflRLTflS COMPflNY ^^ 008 99 - - 99 THROUGH A CENTRAL ANGLE OF 2 <J "-1 U '-"> " A DISTANCE OF 174.02 PEST (RECORD 29* 40'2-1", 17-1.01 FEIST); TIIKNCIi: TANGENT TO SAID CURVE NORTH 11*31' 17" EAST 73.96 FEET i»IiCOHt> 70.00 PERT) TO TUB BEGINNING OF A TANGENT 25.00 l-'OUT RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHERLY, NORTHEASTERLY AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OK 8<>' bi)' 58" (RECORD 90*00'00") A DISTANCE OP 39.27 f'KKT; THI3MCE RADIAL TO SAID CURVE NORTH 11'31 'JS" EAST (RECORD NORTH 11'31'17" EAST) 53.00 FISET TO A POINT ON THE NORTH I.TNJ3 Of THAT CERTAIN 423.512 ACRE PAKCUL DESIGNATED AND DELINEATED AS THK "L'ARLTAS COMPANY" LAND ON SAID RECORD OF SURVEY MAP NO. 124(52; T1IISNCI5 Af.ONG SATD NORTH LINK SOUTH 70'28-45" EAST 1206.73 FEL-IT (RKCOHI'J SOUTH 78'28'/i:i" EAST 1206.67 FEET) TO THE'BEGINNING OK A TANGENT 2000 FOOT RADIUS CIJHVK CONCAVE NORTHERLY.; THENCE liAisTEnLy ALONG SAID CURVE THROUGH A CENTRAL ANGLE OP 6'2l':iU" A DISTANCE OP 223.0f> FEET (RECORD 6*21 '19", 223.33 FEET); THliNUE TANGENT TO SAID CURVE SOUTH 04 "53'13" EAST 2370.86 FEET (Uff.CORD SOUTH 8-1 '53 "03" EAST 2171.00 FEET) TO THIS BEGINNING Ol.' A TANGENT 2000 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23'47'JU1' A DISTANCE OF 481.51 FEET (RECORD 13'48')9", 481.09 I'BBT); THENCE TANGENT TO SAJD CURVE NORTH 01'18'38" EAST 321.54 FEET TO A POINT ON THE EASTERLY MNE OP SAID RECORD OF SURVI3Y MAP NO. 12462; THENCE ALONG SAID EASTERLY LINE, SOUTH O'OJ'30" WEST (RECORD SOUTH 0"30'59" WEST) J46'j.21 I'-BIBTj THENCE NORTH 80* 56 '30" WEST 120.00 PI2ET; THENCE \ SOUTH O'Oa'SO" WEST 160.00 PISliT; THE SOUTH 09*56'30" EAST 1.20. o'O FEET| THENCE SOUTH 0*03'3Q" WEST (RECORD SOUTH 0"OVS9" WEST) 110.00 pffiltTj TIJENCB SOUTH 0*01 MU" WEST 2333.28 FEET (RECORD SOUTH O'02'OO" WEST 2332.51. FEET) TO THE POINT OF BEGINNING. -3- PROOF OF PUBLICATION (2015.5C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of Blade-Citizen a newspaper of general circulation, printed and published daily in the City of Oceanside and qualified for the City of Oceanside and the North County Judicial district with substantial circulation in Bonsali, Fallbrook, Leucadia, Encinrtas, Cardiff, Vista and Carlsbad, County of San Diego, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of June 30,1989, case number 171349;..... that the notice, of which the annexed is a printed"copy (set in type not smaller than nonpareil),,has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: September 3, 1992 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Oceanside.California, this Of . Sept. 1992 3 day Signature BLADE-CITIZEN Legal Advertising 1722 South Hill Street P.O. Box 90 Oceanside, CA 92054 (619)433-7333 This space is for the County Clerk's Filing Stamp Proof of Publication of Notice of Completion of Draft Environmental Impact Report i nf NOTICE OF COMPLETION OF DRAFT ENVIRONMENTAL IMPACT REPORT NOTICE IS HEREBY GIVEN THAT the City of Carlsbad has prepared a Draft Environmental Impact Report (EIR) in accor- dance with the City of Carlsbad Environmental ProtectionOrdinance (Chapter 19.04 of the Carlsbad Municipal Code) re- garding a General Plan and Local Coastal Plan Amendmentfrom NRR (Non-Residential Reserve) to CYPI (Professional Of-fice and Related/Planned Industrial), C (Community Commer-cial), TS/C (Travel Services Commercial/Community Commer- cial) and OS (Open Space) on 117.1 acres; a Specific Plan covering approximately 423.5 acres and establishing land useregulations for the site; and an Agricultural Preserve Amend- ment to include additional uses in the preserve. This Program EIR also analyses the future actions which will be required priorto development within the Specific Plan area. The project is gen-erally located north of Palomar Airport Road, south of future Cannon Road and east of Paseo Del Norte in Local FacilitiesManagement Zone 13. The original Draft EIR is on file with theCity of Carlsbad Planning Department, Carlsbad Public Library and La Costa Branch Library and will be available for public re-view and comment until October 19,1992. All comments shall besubmitted in writing to the Planning Department, Attn: Don Neu. CASE NO: EIR91-3/GPA9CM1/LCPA90-8/SP207/AP76-1(C)CASE NAME: CARLSBAD RANCH PROPOSED 1 ' Cur :! CirUud CARLSBAD RANCH SPECIFIC PLAN EIR 9V3/SP 207 /GPA 90-11/LCPA 90-8/ AP 76-KC) l-egal 34918 September 3,1992 Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. P.O. Box 230878, Encinitas, CA 92023-0878 (619) 753-6543 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal, a newspaper of general circulation, published weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Oceanside, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the follow- ing dates, to-wit: NOTICE OF COMPLETION OF DRAFT ENVIRONMENTAL IMPACT REPORT NOTICE IS HEREBY GIVEN THAT the City of Carlsbad has pre- pared a Draft Environmental Im- pact Report (EIR) in accordancewith the City of Carlsbad Environ-mental Protection Ordinance (Chapter 19.04 of the CarlsbadMunicipal Code) regarding aGeneral Plan and Local Coastal Plan Amendment from NRR (Non- Residential Reserve) to O/PI (Pro- fessional OFflce and Related/Plan- ned Industrial), C (CommunityCommercial), TS/C (Travel ServicesCommercial/Community Commer- cial) and OS (Open Space) on 117.1 acres; a Specific Plan covering approximately 423.5 acres and establishing land use regulations for the site; and an Agricultural Preserve Amendment to include additional uses in the preserve. This Program EIR also analyzes thefuture actions which will be re-quired prior to development withinthe Specific Plan area. The project is generally located north of Palo- mar Airport Road, south of futureCannon Road, and east of Paseo Del Norte in Local Facilities Manage-ment Zone 13. The original Draft EIR is on file with the City of Carl-sbad Planning Department, Carl-sbad Public Library and La Costa Branch Library and will be avail- able for public review and com- ment until October 19, 1992. All comments shall be submitted tnwriting to the Planning Depart- ment, Attn: Don Neu.Case No: EIR 91-3/GPA 90-11/ LCPA 90-8/SP 207/AP 76-KC) Case Name: Carlsbad Ranch PROPOSED City of Carlsbad CARLSBAD RANCH SPECIFIC PLAN EIR 91-3/SP 207/GPA 90-11/LCPA 90-8 AP 76-KC) September 03 19 92 .19. .19. 19 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 3rd day of Clerk of the Printer CJ 3178: September 3,1992 DEPAR-MPENTAL CORRESPONDENCE H ^^^' ' ; ' ?^^V TO FRRM _ _ DEPT -fer A- ft ~7&-/ O _ DATE ~7-SUBJECT GaHtc»s <iano/ |Her }5 ^eim uW ^o ciwfe -/Ae. ^e as Wedo is Carte W IITHO IN U.S.A. CARITA5company July 5, 1991 JUL11 193) CITY OF CARLSBAD Mr. Don Neu DEVELOP, RROC» .SEJW. Dl\k Senior Planner City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Re: Carlsbad Ranch Specific Plan Dear Don: The purpose of this letter is to request amendment to the Williamson Act Contract covering the Carlsbad Ranch to permit public recreational uses (specifically including golf course) as an additional use for the Williamson Contract land. We believe that such an amendment should be considered in the context of the other actions necessary to adopt the proposed Specific Plan. We believe the amendment can be accomplished by adding the following language to permitted uses: "Public recreational uses (including golf course) otherwise consistent with open space uses." Ver C. Calkins fc/dsf 1-90-194 5600 AVENIDA ENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431-5600 FAX (619) 431-9020 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to td*i4 RESOLUTION NO. 3853 ~; - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE EXECUTION OF A LAND CONSERVATION CONTRACT BETWEEN THE CITY OF CARLSBAD AND CARLTAS CORPORATION FOR AGRICULTURAL PRESERVE MO. 76-1 AMD AUTHORIZING THE HAYGR TO EXECUTE SAID CONTRACT. The City Council of the City of Carlsbad, California, does hereby resolve as follows: . 1) That that certain Land Conservation Contract between the City of Carlsbad and Carltas Corporation for Agricultural Preserve No. 76-1, a copy of which is attached hereto marked Exhibit A and incorporated herein by reference, is hereby approved. . - 2) That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said contract for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 17th ' day of'February 1976, by the following vote, to wit: AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and Councilwoman Casler NOES: None ABSENT: None ABSTAIN: ' ' • • ROBERT C. FRAZEE, Mayor ATTEST: MAWGAR5T E. ADAMS, City Clerk LAMP CONSERVATION CONTRACT Agricultural Preserve No. 76-1 THIS CONTRACT, made and entered into this 10th day of February 19 76 , by and between CARLTAS CORPORATION Tz. 1P3. 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>wne'r 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 •agricultural 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, including 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 17t 19_76_, and shall remain in effect for a period of ten years therefrom and during any 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, c 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 "B" attached hereto. Section 5. ADDITION OR ELIMINATION OF AUTHORIZED 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. 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. (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 subdivision (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 or communication facilities by any public agency (including the CHy) 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 Element of the City of Carlsbad General Plan adopted by the City Council (including any amendments thereto adopted by said Council prior to the date of this Contract) ' or depicted on the plat attached to this Contract and narked Exhibit "C" or .to 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 title or lesser estate shall not terminate, nullify or void this Contract and 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 Council for concellation 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 continue 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, rioncontracted land suitable for the use to v/hich 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- 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.i (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- and to the extent the cancellation 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 shall 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 nonrenev/al by the City; provided, however, that the City shall, at least 60 days prior to the next renewal date following the removal, serve a notice of nonrenev/al 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). Section 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 15. OWNER TO PROVIDE INFORMATION. The Owner, upon request of the City, shall provide information relating to the Owner's obligations under this Contract. 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. Jr> 1 Vice President ROBERT C. FRAZEE, Mayor^T the City of Carlsbad, California This is to certify that the foregoing contract is hereby executed on behalf of the City Council of said City of Carlsbad pursuant to authority con- ferred by City Council Resolution No! 3853 ' adopted on February 17, 1976 and the City consents to recordation thereof by its duly authorized officer. NOTE: All signatures of owners must be acknowledged before a notary public or public officer authorized, to take acknowledgements. -6- I «•STATE OF CALIFORNIA COUNTY nr SAN DIEGO -C3)M isc -165 (G.S.) Ac*.•SlapU ~**'SS. |, n,. FEBRUART 10. 1976 before me, the undersigned, a Notary Public in and for said County and Stale, it i PATTT T?OVH* TO[jerior.i!!y appeared "AL'-L- MJKH- I';T , known to me to be tin- VJ-CS President, and known to me to beR. L. BLICKEflSTAFF TREASURES_-fir'i iri.ii} »f the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. Signature FOR NOTARY SEAL OR STAMP jrrmnmirmrmiiiminiimEi'ii! OFFICIAL SEHL R. A. V::-;ITE NOTARY FURL 1C CALIFORNIA SAN DIEGO COL.-.MY My Commission Expires Juno 21. 1C70 WlllllliHliUililiM(l(iiiiliiiiiiiiiiiliiiiiiiiiitiii;iNi;:iti:.'iiiiiiiii:ii::iii:iiti;iiiiii!i:fiiir ••• C EXHIBIT A LEGAL DESCRIPTION That portion of Lot F, Lot G and Lot H of the Rancho Agua 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 43*46.41 as shown on^aid Road Survey No. 1534 (Palomar Airport Road); thence along the center!ine of said Road Survey North 87° 50' 28" West* 565.00 feet to the TRUE POINT OF BEGINNING; thence leaving said centerline North 12° 00' 00" West, about 2625.00 feet; thence South 67° 30' 38" West, 132.00 feet; thence North 69° 05' 00" West, 990.00 feet; thence South 67° 30', 38". West, 1160.00 feet to an intersection with the Westerly line of land conveyed to Carltas Corporation; thence along said line North 22° 35' 15" West, about 2748.00 feet to 2th ^intersection with the centerline of Cannon Road, said intersection being the Northwesterly corner of land conveyed to Carltas Corporation; thence continuing alona 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 0° 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 sai.d 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- EXHIBIT B AGRICULTURAL PRESERVE NO. 76-1 Section 1. In the above named Agricultural Preserve only the follow- ing uses are permitted: a) The following agricultural uses: 1) 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 habitaLne 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; 2) Crop production; • t 3) Floriculture; 4) Greenhouses; 5)' Horses, private use; 6) Nursery crop production; 7) 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; 8) 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; 9} Tree farms; 10) Truck farms; 11) Wildlife refuges and .game preserves; 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: a) 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 housesi stables, pens, corrals, and other similar 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; . . •' \ c) Farmhouse, single-family dwelling; d) Guest house; e) Home oppupation. b) 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 Carlsbad. 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 conditional use permits under that ordinance. 1) Apiary, provided that all hives or boxes housing bees shall be placed at least four hundred feet from any street, school, park, "R" zone, or from any dwelling or place of human habitation other than that occupied by the owner or caretaker of the apiary; 2) Aviaries; • 3) Poultry, rabbits, chinchillas, hamsters and other small animals in excess of the number specified in Section 21.07.020; 4) Farm employee housing 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; 5) Hay and feed stores; 6) • Nurseries, retail and wholesale: -9- 7) Packin^aneds or small processing planar 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; 10) Stables and riding academies, public; Section 2. Notwithstanding the provisions of Section'1, no dwelling, guest house, farm employee housing or f{irm labor camp shall 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 premises 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. . -10-