HomeMy WebLinkAboutAV 98-06; Carlsbad Ranch Corporate Center; Administrative Variance (AV)Jun-01-98 OS:27A ,- P.02
LAND USE REVIEW APPLICATION
APPLICATIONS APPLIED FOR: (CHECK BOXES)
IFOR DEPARTMENT
Administrative Permit - 2nd
Dwelling Unit
Administrarrve Variance
Coastal Development Permlt
Conditional Use Parrnlt
Condominium Permit
Environmental Impact
Assessment
General Plan Amendment
Hillside Development Permit
Local Coastal Plan Amendment
Master Plan
Non-Resrdential Planned
Development
Plenned Development Permit
Planned Industrial Permit
Planning Commission
Determination
Precise Dcveloprnent elan
Redevelopment Permit
Site OovelOpmtnt Plan
Special Use Permit
Sprcific Plan
Obtrin from Engmrmg Drprrrmmt
Tentalive Tract Map
Vrrisnca
Zone Change
List other aodicatioos not
CITY AND STATE
LEGAL DESCRlPTlON
NOTE: A PROPOSED PROJECT R€QUIRING MULTIPL€ APPLICATIONS Ill! -0, MUST IC SUBMIWED TO 340 P.M.
A PROPOSED MOJCCT REaUfRlUd ONLY ONE APPLICATION BE FILED. MUST BE SUOMImD PRIOR TO 4:- P.M.
6-01 -1 998 8: 1 OAM FROM SMITH-CONSULTING-OUT 6194523907 P. 2
LOCATION OF PROJECT:. Armada Drive
STREET ADDRESS
t ON THE [ East I SIDE OF 1
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN I Fleet Street 1 AND I Armada Drive (corner) I
{NAME OF STREET) (NAME OF STR€E'TI
LOCAL FACILITIES MANAGEMENT ZONE 1-1
PROPOSED NUM8ER OF LOTS [TI RESIDENTIAL UNITS
(N/AI SQUARE FOOTAGE 142.940 SQUARE FOOTAGE
15) PROPOSED COMM
PERCENTAGE OF PROPOSED lo] AD1
17) PROPOSED INCREASE IN 18591 USAGE IN EDU
18) PROPOSED SEWER
PflOJECT IN OPEN SPACE
1 11 NUMBER OF EXISTJNG 12) PROPOSED NUMBER OF
RESIDENTIAL UNITS
TYPE Of SUBDIVISION 141 PROPOSED IND OFF ICU
GROSS SITE ACREAGE
PLAN
20) EXISTING GENERAL Io/plI 2 1) PROPOSED GENERAL
PLAN DESIGNATION
EXISTING ZONING PROPOSED ZONING
IN THE PROCESS OF REVIEWING THfS APPUCATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
RWEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS
ROPERTY THAT IS THE SUBJECT OF THfS APPLICATION. IME CONSENT
,
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE FEE RE.QUlRE0
1 I
TOTAL FEE REQUIRED 1
FEE COMPUTATION
APPLICATION TYPE FEE RE.QUlRE0
I
TOTAL FEE REQUIRED 1
n 1 1
DATE FEE PAIO
- "
I 6-2-98 I RECEIPT NO.
r r
PROJECT bESCRlPTION/EXPUNATION
PROJECT NAME: Carlsbad Ranch Corporate Center
APPLICANT NAME: DCM Properties Inc.
Please describe fully the proposed project. Include any details necessary to adequately
explain the scope and/or operation of the proposed project.. You may also include any
background information and supporting statements regarding the reasons for. or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation.
The proposed project consists of an approximately 42,960 square foot, three story steel framed
building with stone, stucco and glass finishes. The occupancy of the building is to be exclusively
deluxe offices, 173 parking spaces are provided utilizing landscape strips, islands and berms as a
buffer. The building is located on a corner site with extensive landscaping adjacent ot the streets
and property lines. Enhanced paved lunch patios, as required by the City of Carlsbad, are
provided at the North and Southeast ends of the property for the tenants use.
Applications are being submitted for a Coastal Development permit and site development plan
review. An application is also being submitted for partial reduction of a required 35' landscape
setback along eastern property line.
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JUSTIFICATION FOR VARIANCE
By law a Variance may be approved only if certain facts are found to exist. Please read these
requirements carefully and explain how the proposed project meets each of these facts. Use additional
sheets if necessary.
1. Explain why there are exceptional or extraordinary circumstances or conditions applicable to the
property or to the intended use that do not apply generally to the other property or class of use in
the same vicinity and zone:
SEE ATTACHED
2. Explain why such variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other property in the same vicinity and zone but which is denied to
the property in question:
SEE ATTACHED
* 3. Explain why the granting of such variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in such vicinity and zone in which the
property is located:
SEE ATTACHED
4. Explain why the granting of such variance will not adversely affect the comprehensive general
plan:
SEE ATTACHED
FRM0004 5/96 Page 5 of 5
JUSTIFICATION FOR VARLANCE
1. The subject setback extends at a uniform width of 35’ along the easterly property line of
Lots 9, 10, 1 1, 14 and the subject lot (15). The width of the subject setback was established
in the Carlsbad Ranch Specific Plan to equal the 35’ landscape easement granted to LEGO
along the backside of the above lots. The landscape easement and coinciding setback were
intended to provide supplemental screening for LEGO Drive and LEGOLAND from the
adjacent research and development park. For convenience, the setback was also established
at 35’ (much wider than a standard 10’ to 20’ backyard setback) to match the 35’ landscape
easement.
Due to the unique shape of Lot 15 and its close proximity to LEGO Drive, a uniform 35’
landscape easement along the back of this lot will not provide adequate screening as
intended. Left alone, a portion of LEGO Drive, LEGOLAND and its parking lot will be
visible from Armada Drive by both vehicular traffic and pedestrian traffic, as well as any
future development on Lot 15.
LEGO and the Lot 15 property owner have worked cooperatively to reconfiewe the
landscape easement to provide a configuration that provides the originally intended
screening and improve the site layout potential for Lot 15.
The length of the rear property line is 938 feet. With the new landscape easement
configuration only 366’ (39%) of the rear property line has a setback of less than 35‘: while
572’(61%) has a setback of greater than 35’. The minimum easement width is 12‘ and the
maximum width is 64’.
No change to the setback and easement on the other adjacent lots is required to fulfill the
original intention of the easement or the setback. Variance from the setback on Lot 15 to
coincide with the revised landscape easement does not affect the other lots also subject to
the same setback or any other property. All impacts are borne solely between the subject lot
and LEGOLAND.
2. Lots 9, 10, 1 1 and 14 enjoy full screening from LEGO Drive and LEGOLAND and vice
versa. Without this variance Lot 15 and LEGOLAND will be unequally burdened by
inadequate screening in the subject area.
3. All impacts from this variance are borne solely between the subject lot and LEGOLAND,
who have cooperatively worked to reconfigure the landscape easement to their mutual.
benefit. The result of this variance will be to provide the screening originally contemplated
by the Carlsbad Ranch Specific Plan for this area.
4. This is a site specific issue and does not affect the comprehensive general plan.
Exhibits attached to application:
1) Setback language and exhibits from Specific Plan
2) Copy of original landscip easement
3) Copy of revised landscape easement
4) Exhibit delineating original and revised easement areas w/ critical dimensions
S:\DAVID\CBRANCH\Lot 15Lot 15 Variance.doc
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1.
LAND USE: RESEARCH & DEVELOPMENT / OFFICE [ NET PARCEL AREA: 40.01 ACRES (9 PARCELS PLUS STREET "0")
DEVELOPMENT PROGRAM: 800,000 sf (500,000 sf R&D
300,000 sf office)
Figure 32
{ PLANNING AREA 2
RESEARCH and DEVELOPMENT
- Limited commercial uses located within the same
building as the principal permitted use, such as
deli/mini-convenience stores or other similar uses,
limited to the sales of goods and services intended to
satisfy the needs of the occupants of the Research and
Development parcels. Restaurants, other than limited
service delicatessens, shall not be permitted within
. Planning Area 2;
- Related manufacturing, processing, storage,
wholesale, and distribution facilities which are an
integral and/or essential component of principal
permitted uses occurring within the Office/Research and
Development area. These ancillary operations shall be
located on the same parcel as the principal permitted
use which they support;
The proposed mixing of light manufacturing with other
diverse uses may require that measures be taken to
mitigate the possibility of exposure of commercial and
other less intense uses to accidents involving
hazardous materials.
(2) Daycare facilities for child care are permitted by a Conditional
Use Permit within parcels designated Research and
Development.
-3 c.
Building and Landscape Setbacks
Building setbacks shall conform with the requirements of the Office
(0) Zone requirements (Chapter 21.27 of the Carlsbad Municipal Code) and
the setback requirements of the Building Height Ordinance (Chapter 21.04
of the Carlsbad Municipal Code), which apply to the project as follows:
Building and Landscape Setbacks -
Front or Side Yard on Armada Drive 30 feet
Rear Yard on LEG0 Drive 35 feet
Interior Side Yard 10 feet
Interior Private Street "D" 20 feet
-
Carlsbad Ranch Specific Plan 102
Area F - LEGO Drive (Private Section)
Concept Statement
The primary entrance sequence into LEGOLAND Carlsbad occurs in
this area. Thhve shall be landscaped with evergreen
trees to creatembuffer to-adjacent office/R&D uses. The east side of
LEGO Drive will create an introduction to LEGOLAND Carlsbad. Flower
fields may be used in this area to create broad vistas with filtered views of
LEGOLAND Carlsbad attractions. Primary tree species could include
Melaleuca, and Pines. Figure 42 Cross Sections depicts the relationship
between LEGO Drive and the landscape setback areas.
g. Area G - Parkina Area
Concept Statement
Landscaping shall be designed to provide visual mitigation of the
parking area from adjacent uses. Landscaping shall include planting islands,
evergreen trees, and a pedestrian system channeling visitors to the
LEGOLAND Carlsbad main entrance. Primary tree species are to be
Melaleuca and Pines. The City requirement of 1 tree per 4 stalls may be
accommodated in larger planting areas which will permit larger tree sizes.
Figures 44 and 45 on pages 141 and 142 contain Cross Sections depicting
the relationship between the parking area, the Outer Park, and Palomar
Airport Road.
h. Area H - Palomar Airport Road Buffer
Concept Statement
The landscape concept addresses only the portion of the 150'
Palomar Airport Road buffer along the LEGO site. An "oak woodland theme"
is proposed for this roadway. Screen trees will be located at the top of slope.
There will be a mix of deciduous and evergreen trees, flowering shrubs and
groundcovers. The primary tree species will be in accordance with City
standards contained in the Landscape Manual and supplemented with pines,
oaks, sycamores, and alders for screening purposes. Figures 43 and 44
contain cross sections depicting the relationship between Palomar Airport
Road, the parking area and the Outer Park areas.
Carlsbad Ranch Specific Plan 144
RJ Recorded at Request of D BY:
First American Title C 6c I Dept OFFICIAL RECORDS SAH DIEGO COUNTY RECORDER’S OFFICE
6E5 GREGORY SHITH COUNTY RECORDER AND WHEN RECORDED RETURN TO: / RF: 15.00 FEES: 37.00
LEGO Carlsbad AG (LEGO Carlsbad Inc.) .
Brobeck, PhIeger & Harrison
550 West C Street, Suite 1300
San Diego, CA 92101
Attn: Joan B. Stafslien, Esq.
(1
AF: 21.00 HF : 1.00
//f%w-/8 SPACE ABOVE R0.S LINE FOR RECORDER’S USE
@s P, LAKOSZMT wm~~n~n”~ AND EA$EMENT.AGEEIVIXNT +gceemEjA-
This Landscape Maintenance and Easement Agreement (this “Agreement”) dated
AprilqA, 1997, is made by and between Carlsbad Ranch Company, L.P., a California
limited partnership (“Grantor”), and LEGO Carlsbad AG (LEGO Carlsbad Inc.), a Swiss
corporation (“Grantee”), with respect to the facts set forth below.
RECITALS
A. Grantor is the owner of that certain real property described as follows:
Lots 9, 10, 11, 14 and 15 of Carlsbad Ranch 94-09, Carlsbad Ranch Units
2 and 3, in the City of Carlsbad, County of San Diego, Sate of California,
according to Map thereof NO. 13408 filed in the Office of the County
Recorder of San Diego County, April 1, 1997 (“Grantor’s Property”).
B. Grantee is the owner of that certain real property described as follows:
Lots 18 and 19 of Carlsbad Ranch 94-09, Carlsbad Ranch Units 2 and 3, in
the City of Carlsbad, County of San Diego, State of California, according
to Map thereof No. 13408 filed in the Office of the County Recorder of
San Diego Comv, Apd 1, 1997 f“Gr,antee’s PropertyJ?),
C. The parties desire that Grantor grant to Grantee an easement for maintenance and
repair purposes upon, over, under and across the portion of Grantor’s Property described
in Exhibit A attached hereto (the “Easement Area’’).
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of
which is hereby achowledged, the parties agree as follows:
1. Easement. Grantor hereby grants to Grantee a nonexclusive easement
upon, over, under and across the Easement Area for the purposes of installation,
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” inspection, maintenance, removal, restoration and repair of all Improvements, as defined
in Section 2, below.
2. Imnrovements. “Improvements” shall mean the landscape and irrigation
improvements in substantially the same form as described in those certain landscape
plans covering the Easement Area prepared by Sasaki and Associates, Inc., Drawing No.
333-QA, and approved by the City of Carlsbad (the cTlans’y), excluding the fence shown
on said plans. Notwithstanding the foregoing, the parties agree that the proposed fence
location, size and color shaI1 be as mutually ageed upon by the parties and approved by
the City. Such agreement and approval shall be evidenced by recordation of an
amendment hereto executed by the parties. Upon such recordation, “hprovements” shall
be defined to include, among other Improvements, the fence. Except to the extent
necessary to comply with the ‘maintenance standards described in Section 3;”below, ’
Grantee shall not materially alter any Improvement without obtaining the prior written
consent of Grantor. Without limiting the foregoing, and after recordation of the
amendment described above, neither Grantor nor Grantee shall alter, remove or relocate
the vinyl covered chainlink fence included among the Improvements without obtaining
the prior written consent of the other party.
3. Maintenance. Grantee shall maintain and repair all Improvements at the
sole expense of Grantee, including but not limited to all expenses for water and other
utilities. Grantee at a minimum shall maintain the Easement Area in a safe, functional
and attractive condition that is in compliance with the standards set forth in (i) the
Carlsbad Ranch Specific Plan 207(A) (the “Specific Plan”), and (ii) that certain
Declaration of Covenants, Conditions and Restrictions for Carlsbad Ranch dated March
12, 1997, and recorded in the Office of the County Recorder for San Diego County as
Document Number 1997-0150347 on April 2, 1997 (the “CC&R’s”). In the event of a
conflict between the standards set forth in the Specific Plan and the CC&R’s, the higher
standard shall control. Nothing herein shall prohibit Grantee from installing and
maintaining a higher standard of Improvements than those required by the Specific Plan
or CC&R’s as described in the Plans. Subject to this Section 3, Grantee shall have the
exclusive right to install, maintain and repair the Improvements; Grantee may hire a
qualified landscape maintenance company (“Subconmctoi’) to perform such
maintenance and repair on behalf of Grantee.
4. Insurance. Grantee shall or shall cause Subcontractor to obtain, prior to
entry on the Easement Area, the following insurance coverage, which shall be maintained
throughout the term of this Agreement:
a. Comprehensive general liability and property damage insurance,
written on an occurrence basis, insuring Grantee (and its employees, agents and
contractors) against personal injury, death or property damage, with a combined single
limit of at least $1,000,000 per occurrence and a general aggregate limit of at least
$3,000,000. Such insurance shall include a cross-liability endorsement (or a severability-
of-interest provision) and a broad-form contractual liability endorsement insuring the
obligations of Grantee pursuant to Section 6 below. Grantor shall be named as an
2
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additional insured. Such insurance shall be primary insurance and non-contributing with
any coverage maintained by Grantor which shall be excess insurance only.
b. Workers’ compensation insurance as required by California law
and employer’s liability insurance with liability limits of at least $1,000,000;
c. Automobile liability insurance, including coverage for the
ownership, maintenance and operation of all owned, hired and non-owned automobiles
operated in the Easement Area, with a combined single 1iabiIity limit of not less than
$1,000,000 for bodily injury and property damage; and
d. All other insurance required by the City (or other governmental
authority) applicable to the perfornance of Grantee’s obligations hereunder.
The policy limits described above shall be increased hm time to time as may be
reasonably requested by Grantor; provided, however, any request by Grantor shall be
commensurate with insurance limits maintained (i) for landscape easement areas of
similar character and nature or (ii) by the Carlsbad Ranch Maintenance Association II
(the “Association”) under the CC&R’s. The insurance policies described above shall
provide that they may not be terminated or materially modified without at least thuty (30)
days’ prior written notice to Grantor. Certificates of such insurance shall be delivered to
Grantor (i) prior to first entry onto Grantor’s Property pursuant to this Agreement and (ii)
within ten (10) days after any written request from Grantor to Grantee for such evidence
of insurance.
5. Liens. Grantee shall maintain Grantor’s Property free and clear of all
mechanic’s or materialman’s liens arising from any labor or services performed or
materials fumished in connection with maintenance or rep& of the Easement Area
Without limiting Grantee’s obligations under the preceding sentence, Grantee shall cause
the removal of any such lien within five (5) days after written notice fiom Grantor to
Grantee requesting such removal.
6. Indemnity. Grantee shall indemnify, protect,. hold harmless and defend
Grantor from and against any and all liabilities, liens, claims, damages, costs, expenses,
suits or judgments, including attorneys’ fees and costs (collectively “Claims”) relating to
or arising from:
a. Labor or services performed or materials furnished by Grantee, its
employees, agents or independent contractors in connection with maintenance or repair of
the Easement Area;
b. Personal injury, death or property damage arising out of entcy upon
the Easement kea by Grantee or its employees, agents or independent contractors;
s:\wp5l\mrb\conaact\legoland.doc 3
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c. Any violation of applicable governmental laws, ordinances, rules,
or regulations in connection with maintenance of the Easement Area by Grantee or its
employees, agents or independent contractors;
d. Claims by any third parties for personal injury, property damage or
taking of property, directly or indirectly caused by the design, installation, construction or
maintenance of the Improvements by Grantee (or its employees, agents or independent
contractors).
Notwithstanding the foregoing, the indemnity obligations of Grantee shall not
extend to Claims to the extent caused by the negligence or willful misconduct of Grantor
or its employees, agents or independent contractors. Any defense provided by Grantee
pursuant to this Section shall be provided by counsel reasonably satisfactory.to Grantor;
Grantee’s indemnity obligations pursuant to this Section shall apply to any work
performed or improvements made withn the Easement Area by Grantee (or its
employees, agents or independent contractors). The provisions of this Section 6 shall
survive expiration or termination of this Agreement.
7. Covenant Running With The Land. The easement granted herein shall run
with the land and be binding upon all successor owners of the burdened property, and the
benefit of the easement granted herein shall inure to the benefit of all successor owners of
the benefited property. The property burdened by the easement granted herein shall be
Grantor’s Property. The property benefited by the easement granted herein shall be
Grantee’s Property. The covenants set forth in ths Agreement shall run with rhe land and
be binding upon all successor owners of Grantee’s Property, and the benefit of these
covenants shall LUI~ to the benefit of all successor owners of any of Grantor’s Property.
8. Enforcement. The easement granted herein may be specifically enforced
by Grantee and all successor owners of Grantee’s Property. The covenants set forth
herein may be enforced by Grantor or the Association; provided, however, the parties
agree to resolve all disputes concerning maintenance issues in the manner described in
Subsections 3.9(a), @), (c) and (d) of the CC&R’s, except that a majority vote of the
Owners shall be required in each instance where a decision of the Board is requlred in
said Subsections. The Owners involved in the dispute, and any Owners afhliated thereto
(unless such affiliated Owner has entered into a ground lease with a non-affiliated lessee
with respect to its Lot) shall be excluded from said vote.
9. General Provisions.
9.1 Amendment. This Agreement may not be amended, terminated or
supplemented except by a written instrument executed by Grantor and Grantee and
recorded in the Office of the County Recorder of San Diego County.
9.2 Attornevs’ Fees. If any suit or other proceeding is brought for the
enforcement or interpretation of this Agreement, or because of any dispute or alleged
default hereunder, the prevailing party shall be entitled to recover, from the other party,
s:\wp5l\mrb\contract\legoland.doc 4
reasonable attorneys’ fees and other costs incurred in that suit or proceeding (including,
in the case of an arbitration, arbitration fees and expenses), in addition to any other relief
to which such party may be entitled. The prevailing party shall be that party receiving
substantially the relief sought in the proceeding, whether brought to final judgment or
not.
9.3 Counterparts. This Agreement may be executed in counterparts,
each of whch shall be deemed an original, and all of which together shall constitute one
and the same agreement after each party has signed such a counterpart.
9.4 Governins Law. This Agreement shall be governed, interpreted,
construed and enforced in accordance with the laws of the State of California.
9.5 Severability. If any term, provision, covenant or condition of this
Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any
court of competent jurisdiction, the remainder of Gxs Agreement shall not be affected
thereby, and each term, provision, covenant or condition of this Agreement shall be valid
and enforceable to the extent permitted by law. The parties hereto have executed this
Agreement as of the date and year frrst above written.
Grantor: Grantee:
Carlsbad Ranch Company, L.P., LEGO Carlsbad AG (LEGO Carlsbad
a California limited partnership Inc.), a Swiss corporation
By: Carltas Company, a California
. limited partnershp, General By:
Partner
By: Carltas Management,
B
[Attach Notarial Achowled,ments]
5
CALIF.ORNIA ALL-PURPOSE ACKNOWLEDGMENT
630
State of Cal i fornia
On April 29, 1997 before me, Karen A. Phel PS , Notary Pu bl ic
Dale Name and Ttle of Omcer (4.g.. 'lane Doe. Now Mi-)
personally appeared Christopher C. Calkins Name@) d Sqnefls)
& personally known to me - ddbd 6h%khbhh! bhMQ bBA&ld~S~~~B~~hbQ to be the person&)
whose name(3) is/h/dsubscribed to the within instrument
and acknowledged to me that he/dtrfdhk& executed the
same in hish&&@dauthorized capacity&%), and that by
hi&h'ftiddsignaturef&f on the instrument the personls),
or the entity upon behalf of which the persod$ acted,
executed the instrument.
Though the information below is not required by law, it may p o persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title orType of Document: Landscape Maintenance and Easement Agreement
Document Date: APri 1 29, 1997 Number of Pages: 5 + Exhibits
Signer(s) Other Than Named Above: Svend Aaqe Madsen
Capacity(ies) Claimed by Signer(s) .
Signer's Name: Christopher C. Cal kins
17 Individual
Corporate Officer
Ttle(s): President ! 0 Partner - 0 Limited 0 General
17 Attomey-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
I I Signer Is Representing:
Carl sbad Ranch Company
By: Carltas Company
By: Carl tas Manaqement
Signer's Name:
0 Individual
17 Corporate Officer
Title(s):
17 Partner - 0 Limited 0 General 17 Attomey-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other: I I Top of thmb here
I I Signer Is Representing: I I-
r'
. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Cal ifornia 631
County of Sari Diego
On April 29, 1997 beforeme, Bret P. Berry, Notary Public I
personally appeared
apersonally known to me - OR -0 proved to me on the basis of satisfactory evidence to be the personH
whose name(P)is/qp subscribed to the within instrument
and acknowledged to me that he/s)?f$F$y executed the
Date Name nd TmC d officer (e.9.. 'Jane Doe. Notary PuMi Svend Aage Madsen-------------------
I
Name(s) Swr(s)
same in his&!#y?jt authorized capacity(tH, and that by
his&T/tppjf signature(# on the instrument the person@),
or the entity upon behalf of which the person@) acted,
executed the instrument.
WITNESS my hand and official seal. w+2 Signature of Notary Public
OPTIONAL
Though the infmnation below is not required by law, it may prove valuable to persons relying 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: 1;lnrlcr;lN. Maiw Fa-?
Document Date: 79 ~ 1997 Number of Pages: 5 + Exmits
Signer(s) Other Than Named Above: Christopher C . Cal ki ns
Caphy(ies) Claimed by Signer(s)
'.* I Signer's Name;
0 Individual
0 Corporate Officer
0 Attorney-in-Fact 0 Trustee
0 Guardian or Conservator
0 Other:
I I Signer Is Represenfig:
I I
0 Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General 0 Attorney-in-Fact
Top of thumb here
Signer Is Representing: Y
P
632
EXHIBIT A
EASEMENT AREA
THE EASTERLY 35 FEET OF LOTS 9, 10, 11, 14 AND 15 OF
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNLA, ACCORDING TO MAP THEREOF NO. 13408 FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DEW
COUNTY, APRIL 1,1997.
CARLSBAD RANCH 94-09, CARLSBAD RANCH UNITS 2 AND 3, IN
page 1 of 2
-. .
Depiction of Easement Area 633
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CARLSBAD RANCH
C.T. 94-09 - EASEMENT AREA
EXIST. - LDT 4
MAP 007a L30 AC NCi
NAP.
"
page 2 of 2
' RPR-10-1997 07:43
Recording Requested by
San Diego Gas & Electric Company
When recorded, mail to:
San Dicgo Gas & Ekctric Company
P.O. Box 1831
San Diego, CA 921 12
Atm: Real Estate Operarions EB-5
L SPACE ABOVE FOR RECORDER'S USE
Transfer Tax:
SAN DIEGO GAS & ELECTRIC COMPANY
APN NO.: 21 1-022-16
QUITCLAM DEED
The undersigned declares considedon is less than S 100.00 and Transfer Tax is none.
The land, tcncrncnts OT realty is located in the
unincorporated area
_. 1x1 City of Carlsbad, County of San Diego, State of California ; and
SAN DIEGO GAS & ELECTRIC COMPANY, a California cclrporation (SDG&E) for
valuabk consideration, does hereby remise, release and forevcr quitclaim to any and all person(s) or
entity having a legal or equitable interest in the hereinafter described real property all right, title, interest
and claim of SDG&E in and to the following described real property that was acquired by virtue of the
easement(s) dated May 27, 1972 and recorded July 5, 1972 at Recorder's Filmage No. 172891 of
Official Records of said County of San Diego.
The real property in which said easernent(s) is quitclaimed is described as follows:
lhat portion of Lot W' of Rancho Agua Hedionda, according to Map thereof No. 823,
filed in the Office of the County Recorder of said County of San Diego, described in a
Dezd recorded Scpternbn 2 I, I965 at Recorder's Filepage No. 17 1765 of OEcid
Records of said County of San Diego.
This quitclaim does not release any interest or estate SDG&E may have in the above-
described real property except the easement(s) specified.
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, WR-10-1997 87:43
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P.03
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IN WITNESS U'h€REOF, said San Diego Gas & Elecmc Company has caused this
deed to be executed in its corporate name by its oficcr thereunlo duly authorized this 7
day of A@// 19 97. r
SAN DIEGO GAS & ELECTRIC COMPAhN, a
Drawn Richards (qc97-037)
Checked
Sketch V-478
Date 43-97
Q.C. No. 97-037
RIW No. 77945 (full)
State of PALPd/A- 1
county of -.5#d U/2ziD 1
%$Opetations Director
/
personally appeared 9
to be the person&) whose namecs) isle subscribed to the within instrument and acknowledged to me
that hdsbdthq executed the same in hishdheir authorized capacityjies), and that by hishedthk
signature(qon the instrument the person(& or the entity upon behalf of which the personw acted.
executed the instrument.
WITNESS my hand and official scal.
-2-
RECORDING REQUESTED BY:
AND WHEN RECORDED RETURN TO:
LEGOLAW Estates AG
(LEGOLAND Estates, hc.)
Brobeck, Phleger & Harrison
550 West C Street, Suite 1300
San Diego, CA 92101
Attn: Todd Anson, Esq.
SPACE ~OVE THIS LM FOR RECORDER’S USE
FIRST AMENDMENT TO
LAiiDSCXPE “4TENAiTCE AND EASEMENT AGREEMENT
This First hendment to Landscape Maintenance and Easement Agreement (this
‘knendment”) daied April 9, 1998, is made by and between Carlsbad Ranch Company,
L.P., a California limited partnershp (“Grantor”), and LEGOLAND Estates AG
(LEGOLAND Estates, Inc.), a Swiss Corporation (“Grantee”), with respect to the facts
set forth below.
RECITALS
A. Grantor and Grantee entered into that certain Landscape Maintenance and
Easement Agreement dated April 29, 1997, and recorded in the Office of the County
Recorder of Sm Diego County on April 29, 1997, as Document No. 1997-0197544 (the
“Agreement”).
B. Grantor is the owner of that certain real property described as follows:
Lot 15 of Carlsbad Ranch 94-09, Carlsbad Ranch Units 2 and 3, in the City
of Carlsbad, County of San Diego, State of California, according to Map
thereof No. 13408 filed in the Office of the County Recorder of San Diego
County, April 1, 1997 (“Lot 15”).
C. Grantee is the owner of that certain real property described as follows:
Lots 18 and 19 of CarIsbad Ranch 94-09, Carlsbad Ranch Units 2 and 3, in
the City of Carlsbad, County of San Diego, State of California, according
to Map thereof No. 13408 filed in the Office of the County Recorder of San
Diego County, April I, 1997 (“Grantee’s Property”).
D. Grantor and Grantee now desire to amend the Agreement to change the location of
the Easement Area within Lot 15.
s:\wp5 Ihb\contracr\legoIndZ.doc
1
E. Unless otherwise specifically provided herein, all capitalized terns used in this
Amendment shall have the same meaning as defined in the Agreement.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree a follows:
1. Amendment. Grantor and Grantee hereby amend the Agreement such that
the Easement Area shall be redefined to (i) exclude the area described in Exhibit A
attached hereto and incorporated herein by this reference, and (ii) include the area
described in Exhibit B attached hereto and incorporated herein by ths reference.
2. Attornevs' Fees. If any suit or other proceeding is brought for the
enforcement or interpretation of hs Amendment, or because of any dispute or alleged
default hereunder, the prevailing party shall be entitled to recover, from the other party,
reasonable attorneys' fees and other costs incurred in that suit or proceeding (including,
in the case of an arbitration, arbitration fees and expenses), in addition to any other relief
to which such party may be entitled. The prevailing party shall be that part>l receiving
substantially the relief sough in the proceeding, whether brought to final judgment or not.
* J. Full Force and Effect. Except as provided in this hendment, all terms
and conditions of the Agreement shall remain unchanged and in full force and effect.
The parties hereto have executed this Agreement as of the date and year fust above
written.
Grantor: Grantee:
CarIsbad Ranch Company, L.P., LEGOLAND Estates AG (LEGOLAND
a California limited partnership Estates, Inc.), a Swiss Corporation
By: Carltas Company, a California
limited partnership, General By:
Partner Svend &e Madsen
By: Carltas Management
a California corporation,
General Partner By: \ Wilham H'avi"dc
Vice President
[Attach Notarial Acknowledgments]
s:\wp5 I\mrb\contract\legolnd2.doc
2
,-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of @,O L/ mLdi4
County of 5M -plk%O
Name md i?ls of Omcat (e.g.. ‘Jane Oca. Notary Public7
personally appeared 57ZpH-m 0. C#&dS
Name@) of Siqneljt)
Though the information below ;S not rquired by law, it may prove valuable to persons relying 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: 625f A%??dO!fld~~ LA! OS wg MAIAT
Document Date: Number of Pages: 2 pu5Ly‘*
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
0 Individual
CI Corporate Officer
0 Partner “0 Limited 0 General
CI Attorney-in-Fact
0 Guardian or Conservator
Signer Is Representing:
Signer’s Name:
Cl Individual
0 Corporate Officer
Title(s): 0 Partner - 0 Limited 17 General
0 Attorney-in-Fact
Cl Trustee
0 Guardian or Conservator
Cl Other:
I I Signer Is Representing: I I
J
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California >
County of 0-n
xpersonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s)
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their
capacity(ies), and that by
signature(s) on the instrument
the entity upon behalf of which
acted, executed the instrument.
PIaca Notary Seal Atwe
WITNESS my hand and official seal. 3
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Docume
Title or Type of Document: f, r.+ dw-7 b (.Gd~c+;~r,(\.18., I‘ ns 3
Document Date: Number of Pages: ‘* a ~@~Q”F\j 1 p
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
U Individual
0 Corporate Officer - Titte(s): I
(7 Partner “0 Limited 0 General
0 Attorney in fact
0 Trustee
U Guardian or Conservator
Signer Is Representing: L a Other:
0 1997 Nabonal Notary Association - 330 Oa Soto Avo.. P.O. Box 2402 ChalSWOIIh. CA 91 3152402
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ,(aL.- f 3 ‘e&) } SS.
ppersonally known to me
Ci proved io me on the basis of satisfactory
evidence
to be the ?erson(s) whose name(s) idare
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
. .I the entity upon behalf of which the person(s)
acted, execzted the instrument.
Place Nocaly Seal Above SiqnaiGldataly Public
Though the iniormation below is not required by law, it may prove valuabla to persons rdying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Document Oate: Number ai Pages: 2”
Signer(s) Other Than Named Above:
E Corporate Officer - Title(s):
Ci Partner “c1 Limited Q General
E Attorney in Fact
E Guardian or Conservator
Signer Is Representing:
Q 1997 Nalional Notaly -ation - 9350 Oe Soto Ave.. P.O. aOx 2402 *ChaIsworUl. CA 91313-2402
EXHXSIT A
3
EXHIBIT B
LEGAL DESCRIPTION
LANDSCAPE MAINTENANCE EASEMENT
THAT PORTION OF LOT 15 IN THE CITY OF CARLSWD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF N0.13408, FiLED IN THE OFFICE OF
THE SAN DIEGO COUNTY RECORDER ON APRIL 1, 1997 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID LOT 15 THENCE ALONG
THE SOUTHERLY CINE OF SAID LOT 15 SOUTH 57'26'06'' WEST, 43.41 FEET; THENCE
LEAVING SAID SOUTHERLY LINE NORTH 27'57'36" WEST, 47.17 FEET; THENCE NORTH
43'16'29" WEST, 79.23 FEET; THENCE NORTH 46'07'20'' WEST, 55.39 FEET; THENCE
NORTH 48"43'53" WEST, 42.50 FEET; THENCE NORTH 51"59'42" WEST, 40.75 FEET;
THENCE NORTH ~CJWY~ WEST, 40.17 FEET; THENCE NORTH 28°2a'2s1 WEST, 97.97
FEET TO THE BEGINNING OF A NON-TANGENT 443.77 FOOT WDIUS CURVE CONCAVE
NORTH>ERLY A WDIAL LINE TO SAID POINT 8-8s SOUTH 47"33'10" WEST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 24"43'07" AN ARC LENGTH OF 191.45 FEET; THENCE NON-TANGENT TO SAID
CURVE NORTH 18'42'41'' WEST, 98.21 FEET; THENCE NORTH 16'44'01'' WEST, 83.16
FEET; THENCE NORTH 20'47'41'' WEST, 64.59 FEET; THENCE NORTH 15'29'49'' WEST,
119.58 FEET; TO THE NORTHERLY LINE OF SAID LOT 15; THENCE ALONG THE
BOUNDARY OF SAID LOT 15 THE FOLLOWING SOUTH 72'14'-50" EAST, 11.83 FEET TO
THE BEGINNING OF A NON-TANGENT 1300.00 FOOT R4DIUS CURVE CONCAVE
NORTHEASTERLY A RADIAL LINE TO SAID POINT BEARS SOUTH 76'19'13" WEST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTML
ANGLE OF 27"19'24" AN ARC LENGTH OF 619.95 FEET; THENCE TANGENT TO SA10
CURVE SOUTH 41"OO'll" EAST, 318.32 FEET TO THE POINT OF BEGINNING.
PAGE 1 OF 2
.TS M.\l =wais\l774\07U03.~ac
AREA OF THE HEREIN DESCRIBED EASEMENT IS 31,669.678 SQUARE FEET OR 0.727
ACRES MORE OR LESS.
3- 23-78
JOHN W. HILL, JR. L.S. 5669
HUNSAKER &ASSOCIATES SAN DIEGO, INC.
PAGE 2 OF ‘2
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1
SUBDIVtStON 1
BOUNDARY
LANDSCAPE
MAINTENANCE
EASEMENT
31,669.678 SO FT 0.727 ACRES
LANDSCAPE MAINTENANCE GSEMENT
WNER: I PREPARED BY: 1 PROJECT: A.P .N.: