HomeMy WebLinkAboutAD 96-01; Continental Ranch Inc; 1998-0725542; Assessment District Related Document. ,/ * ..
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fl DOC 1998-0725542 497
NOW 06s 1998 12~14 PM
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
91y( DIDGO I GaMlw J.
w7.w
76 f) Attn: C;$ck'k
(Space above for recorder's use only)
AGREEMENT FOR FILING OF FINAL MAPS WITHIN
ASSESSMENT DISTRICT NO. 96-1 (RANCHO CARRILLO)
This Agreement is made and entered into this Slirclay of 6b~ efl 1998,
by and between THE CITY OF CARLSBAD, a municipal corporation of the State of California
(the "City"), and CONTINENTAL RANCH, INC., a Delaware corporation (the "Property
0 wner 'I) .
RECITALS
A. At the request of Continental Ranch, Inc. and for the benefit of the
property subject of this Agreement, the City is undertaking the formation of a special assessment
district under the terms and conditions of the "Municipal Improvement Act of 1913" (the "1913
Act"), being Division 12 of the Streets and Highways Code of the State of California, and'the
issuance of bonds pursuant to the "Improvement Bond Act of 1915" (the "1915 Act"), being
Division 10 of the Streets and Highways Code of the State of California, for the acquisition of
certain public improvements, together with appurtenances and appurtenant work within the
jurisdictional limits of the City, said special assessment district known and designated as
Assessment District No. 96-1 (Rancho Carrillo) (the "Assessment District").
B. Property Owner is the owner of certain real property (the "Property")
within the Assessment District, as described in Exhibit "A" attached hereto.
C. Upon formation of the Assessment District, assessments will be confirmed
with respect to the parcels of land within the Assessment District in accordance with a final
engineer's report for the Assessment District (the "Engineer's Report") prepared by Berryman
and Henigar (the "Assessment Engineer").
D. The Engineer's Report will identify an assessment ("Assessment") per
single-family detached residential lot ("Lot") anticipated to be developed within each of the
09-23 -98 S: \172\97120012.AG8
,P 498 -,
fourteen (14) villages proposed to be developed with single-family detached housing within the
Assessment District (each, a "Village"). The Assessment Engineer's determination of the
number of Lots within a Village shall be based upon approved tentative or final subdivision maps
at the time of confirmation of the Assessments, or in the absence-of such maps, upon the
estimated number of "Adjusted Planned Equivalent Dwelling Units" for such Village set forth
in Exhibit 5 of the Engineer's Report.
E. The City has approved final subdivision maps for Villages D, H, 0 and
Q1, tentative subdivision maps for Villages M, 42 and R3/Q4, and is currently processing
tentative subdivision maps for Villages E, F, G, K and P within the Assessment District.
F. The City's policy with respect to the Assessment District is that,
notwithstanding any possible subsequent reductions in the number of Lots to be developed within
a Village, as a result of subdivision, the Assessments shall remain substantially equivalent to
those projected in the Engineer's Report. Therefore, it is the intent of this Agreement, in
conformance with such City policy, to ensure that at the time of filing of a final map with
respect to any Village, the actual assessment on each Lot resulting from the subdivision shall be
substantially equivalent to the Assessment described in the Engineer's Report.
NOW, THEREFORE, for good and valuable consideration, the receipt of which
is hereby acknowledged, it is mutually agreed between the parties as follows:
AGREEMENT
1. The above Recitals are all true and correct.
2. Prior to approval of each final map creating Lots upon which single-family
detached dwelling units may be constructed and sold (a "Final Map") within a Village, the
Assessment Engineer shall make a preliminary determination of the apportionment of
assessments to each Lot to be created by the Final Map in accordance with the method and
formula of assessment spread set forth in the Engineer's Report, the provisions of Part 10.5 of
the 1915 Act and other applicable law (the "Preliminary Apportionment"). If the Preliminary
Apportionment indicates that the assessment per Lot upon filing of the Final Map (the
"Apportioned Assessment") would exceed the Assessment per Lot identified in the Engineer's
Report for the Village by more than 3 % , then prior to filing the Final Map, the Property Owners
shall, as a condition of approval of such Final Map, pay the amount (the "Prepayment Amount")
required to reduce the Apportioned Assessment (the "Adjusted Apportioned Assessments") to
an amount not greater than the Assessment for each Lot projected in the Engineer's Report with
respect to such Lots. No Final Map shall be approved unless and until the Property Owner pays
the Prepayment Amount, if applicable.
The Prepayment Amount shall be calculated in accordance with Section 8766.5
of the 1915 Act and other applicable law as follows:
09 - 23 -98 S: \172\97120012.AG8 2
(i) determine the difference between the sum of the Apportioned
Assessment on all Lots and the Adjusted Apportioned Assessment;
(ii) multiply the determined amount in (i) by the applicable redemption
premium on the bonds of the Assessment District (the "Bonds") at the next call date and
add the result to the amount determined in (i);
(iii) add to the result of (ii) an amount equal to interest accrued to the
next call date of the Bonds with respect to the amount in (i), which date shall be the next
Bond interest payment date after the date of prepayment;
(iv) add to the result of (iii) the amount of any delinquent installment
of principal and interest, together with penalties accrued, to the date of prepayment with
respect to the portion of the Assessment District to which the Final Map applies and a
fee for the costs of administering the prepayment and the advance redemption of Bonds,
if any;
(v) to determine the Prepayment Amount, subtract from the result in
(iv) an amount equal to a credit for the reserve fund on the Bonds calculated in
accordance with Streets and Highways Code Section 888 1.
Prepayment of the principal amount of the Assessment in increments of $5,000 or any portion
thereof shall be permitted in accordance with the Bond documents.
3. Upon payment of the Prepayment Amount pursuant to Section 2 above or
upon a prepayment of assessment pursuant to Section 3 above, the City shall issue a revised
auditor's record showing the proportionate reduction in assessment installments and thereafter
levy subsequent installments at the reduced rate. The City shall also modify the assessment roll
accordingly and record an addendum to the notice of assessment in accordance with applicable
law.
4. Property Owner hereby agrees to provide written notice to any subsequent
purchaser of all or any portion of the Property (other than the purchasers of homes) upon which
single-family detached dwelling units will be constructed advising such purchaser af the
existence of this Agreement and the condition of approval of each Final Map imposed pursuant
to Section 2 of this Agreement. In addition, Property Owner shall cause each such purchaser
to sign and deliver to the City a written assignment and assumption of obligations under this
Agreement in the form attached hereto as Exhibit "B". Such assignment and assumption
agreement shall not be effective until it is executed on behalf of the City by the City Manager
or his designee.
5. This Agreement shall terminate with respect to any Lot created by a Final
Map and and such Lot shall be released and no longer be subject to this Agreement without the
execution or recordation of any further document upon filing of the Final Map and payment of
09-23-98 S : \ 172\97120012. AG8 3
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the Prepayment Amount with respect o such Lot, if required. In addion, this Agreement shall
terminate upon the filing of Final Maps with respect to all of the Property.
6. The parties hereto intend that the Property Owner’s burdens and
obligations under numbered paragraph 2 above constitute a covenant running with the land and
that such covenant shall be binding on all transferees of the subject property.
7. This Agreement shall be binding on all of the Property Owner’s successors
and assigns.
8. This Agreement is executed by and between the parties hereto on the date
first hereinabove written.
ATTEST:
City Clerk
Approved as to form: CONTINENTAL RANCH, INC., a Delaware
corporation
09-23 - 98 S: \172\97120012.AG8 4
., ..
50:
STATE OF CALIFORNIA )
COUNTY OF
ss.
1
On &b5,998 before me,
notary public in and for said State, personally appeared > u) to be the
within instrument and acknowledged to me that
capacitm, and that by
upon behalf of which
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA 1
COUNTY OF 1
1 ss.
On before me, ,a
notary public in and for said State, personally appeared 9 personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in hislherltheir authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
08-25-98
S:\172\97 1200 12 .AG4 5
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EXHIBIT A
DESCRIPTION OF SUBJECT PROPERTY
08-25-98
S:\172\97 1200 12. AG4
5620 Friars Road va7 . SanDiego
California92110-2596
(619)291-0707
Legal Description
J-12907
RANCHO CARRILLO, EXCLUDING PARK SITES,
SCHOOL SITE AND PORTIONS OF VILLAGE "J"
TC Ref.
co.
Order No.
Date
Dwcr.
By: RB/jb.002 I By I
Date: September 29, 1998
Page 1 of 6
A parcel of land being a portion of the Southerly one half of Section 18 and a portion of
Section 19, Township 12 South, Range 3 West, San Bemardino Meridian and a portion of
Fractional Section 13 and a portion of Fractional Section 24, Township 12 South, Range
4 West, San Bernardino Meridian, City of Carlsbad, County of San Diego, State of
California described as follows:
Beginning at a point on the Westerly boundary line of Record of Survey No. 91 12 on file
in the Office of the County Recorder of said County of San Diego, said point also being on
the centerline of Palomar Airport Road and the beginning of a non-tangent 1200.00 foot
radius curve concave Southwesterly, to which a radial line bears North 02'03'04" East;
thence leaving said Westerly line and along said centerline Southeasterly along the arc of
said curve through a central angle of 20'13'34" a distance of 423.61 feet; thence South
67'43'22" East 1328.80 feet to the beginning of a tangent 1000.00 foot radius curve
concave Northeasterly; thence Southeasterly along the arc of said curve through a central
angle of 03°09'32" a distance of 55.13 feet to the beginning of a non-tangent 2263.00 foot
radius curve concave Northerly to which a radial line bears North 08'33'46" East; thence
Easterly along the arc of said curve through a central angle of 16'17'25'' a distance of
643.41 feet to the beginning of a non-tangent 1000.00 foot radius curve concave
Northwesterly to which a radial line bears North 18'16'59" West; thence Northeasterly
along the arc of said curve through a central angle of 03'09'32" a distance of 55.13 feet;
thence North 68'33'29" East 1525.56 feet to the beginning of a tangent 6000.00 foot
radius curve concave Southeasterly; thence Northeasterly along the arc of said curve
through a central angle of 05'39'05" a distance of 591.81 feet; thence North 74'12'34"
East 454.40 feet to the beginning of a tangent 3000.00 foot radius curve concave
Southeasterly; thence Northeasterly along the arc of said curve through a central angle of
00'52'58" a distance of 46.22 feet to a point on the Easterly boundary line of said Record
RE103 4/89
.1
: *
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RICK ENGINEERING COMPANY 5620 Friars Road rfrv . SanDiego LwA California 92110-2596
(619)291-0707 504
Legal Description
J-12987
RANCHO CARRILLO, EXCLUDING PARK SITES,
SCHOOL SITE AND PORTIONS OF VILLAGE "J"
By: RB/jb.OOZ
Date: September 29, 1998
Page 2 of 6
TC 71 Ref.
I Order No.
Date I Descr.
Rev. By
I
of Survey No. 91 12; thence leaving said centerline and Southerly, Westerly and Northerly
along the boundary lines of said Record of Survey the following courses: South OO"39'50"
West 2492.24 feet; thence South 00'08'23" West 2669.98 feet; thence South 00'07'39''
West 1335.81 feet; thence North 89'45'39" West 1314.12 feet; thence North 89"48'08"
West 1248.20 feet; thence North 89'46'41" West 1848.74 feet; thence South 00'51'48''
West 431.07 feet to the beginning of a non-tangent 900.00 foot radius curve concave
Northeasterly, to which a radial line bears South 15'05'10" West; thence Northwesterly
along the arc of said curve through a central angle of 01 044'50" a distance of 27.45 feet;
thence North 73"lO'OO" West 120.00 feet to the beginning of a tangent 900.00 foot radius
curve concave Northeasterly; thence Northwesterly along the arc of said curve through a
central angle of 29"32'00" a distance of 463.91 feet; thence South 46"22'00" West 82.83
feet to the beginning of a tangent 150.00 foot radius curve concave Northerly; thence
Westerly along the arc of said curve through a central angle of 82" 18'00" a distance of
215.46 feet; thence North 51 "20'00" West 440.25 feet to the beginning of a tangent 700.00
foot radius curve concave Northeasterly; thence Northwesterly along the arc of said curve
through a central angle of 19"20'00" a distance of 236.20 feet; thence North 32"OO'OO"
West 425.00 feet to the beginning of a tangent 750.00 foot radius curve concave
Southwesterly; thence Northwesterly along the arc of said curve through a central angle
of 57'1 7'44" a distance of 750.00 feet; thence North 89'17'44'' West 480.00 feet; thence
North OO"41'42" East 205.09 feet; thence South 89'26'46" East 2458.80 feet; thence North
02"38'00" West 5065.02 feet to the Point of Beginning.
Excepting therefrom the following described parcels of land:
[Existina Park Site 1 )
Commencing at the Southeast corner of said Record of Survey No. 91 12; thence North
RE103 4/89
RICKENGI"GaPM 5620 Friars Road VAT . SanDiego LwA California 92110-2596
(619)291-0707 5cs
Legal Description
J-12987
RANCHO CARRILLO, EXCLUDING PARK SITES,
SCHOOL SITE AND PORTIONS OF VILLAGE "J"
By: RB/jb.002
Date: September 29, 1998
Page 3 of 6
TC Ref.
co.
Order No.
Date
Dercr.
Rw. By
00'07'39" East along the Easterly line thereof 1335.81 feet; thence leaving said Easterly
line North 89'46'11" West 1308.84 feet; thence North 00'21'00" East 1398.14 feet; thence
North 89'39'00'' West 542.1 1 feet to the TRUE POINT OF BEGINNING, being a point on
that certain document granted to the City of Carlsbad on February 24,1977 as FilelPage
77-068081 ; thence along said document the following courses: South 36'1 5'49" West
408.00 feet; South 05'10'15" East 176.66 feet; South 06'32'57" West 225.02 feet; South
79'55'36" East 228.30 feet; South 32'22'1 9" East 107.90 feet; South 19'1 6'22" West
68.69 feet; South 76'50'48" West 575.23 feet; North 48'51'58" West 291 .IO feet; North
16"01'37" East 549.47 feet; North 49'58'58'' East 494.91 feet; North 85'50'40" East
240.49 feet to the TRUE POINT OF BEGINNING.
JExistina Park Site 21
That parcel of land described in that document recorded November 4, 1997 as
Document No. 97-0554155 and being a portion of Parcel 2 of Certificate of
Compliance, Document No. 94-0497667 in the City of Carlsbad, both on file in the
Office of the County Recorder of San Diego County, State of California described as
follows:
Beginning at an angle point in the Southeasterly line of said Parcel 2 formed by the
intersection of the two courses: North 85'50'40" East 92.05 feet, North 04"09'20"
West 326.97 feet; thence along said Southeasterly line the following courses: South
85'50'40" West 92.05 feet to the beginning of a tangent 2000.00 foot radius curve
concave Southerly; thence Westerly along the arc of said curve through a central angle
of 02'22'02" a distance of 82.63 feet; thence leaving said Southeasterly line North
50'32'05" East 214.03 feet to said Southeasterly line; thence along said
Southeasterly line South 04'09'20" East 122.00 feet to the Point of Beginning.
RE103 4/89
RICKENGINEERINGCOMPANY 5620 Friars Road VAT ' SanDiego L-A California 92110-2596 5G6 (619)291-0707
Legal Description
J-12987
RANCHO CARRILLO, EXCLUDING PARK SITES,
SCHOOL SITE AND PORTIONS OF VILLAGE "J"
By: RB/jb.002
Date: September 29, 1998
Page 4 of 6
TC Ret.
co.
Order No.
Date
Descr.
Rev. By
[Lot 11 1. Carlsbad Tract No. 93-04. Village "Q". Phase 1. Park Site)
Lot 11 1 of Carlsbad Tract No. 93-04' Rancho Carrillo Village "Q" Phase 1 in the City of
Carlsbad, County of San Diego, State of California according to Map No. 13551 on file in
the Office of the San Diego County Recorder.
(Proposed Sc hool Site)
That portion of Parcel 2 of Certificate of Compliance, Document No. 94-0497667 and
Parcel 3 of Certificate of Compliance, Document No. 94-0497669 both in the City of
Carlsbad, on file in the Office of the County Recorder of San Diego County, State of
California described as follows:
Beginning at an angle point in the Southeasterly line of said Parcel 2 formed by the
intersection of the two courses: North 85'50'40" East 92.05 feet, North 04'09'20"
West 326.97 feet; thence North 04'09'20" West along said Southeasterly line
122.00 feet to the TRUE POINT OF BEGINNING; thence South 50'32'05" West
230.39 feet; thence South 38'58'1 2" East 19.32 feet; thence South 55'32'56" West
143.45 feet; thence South 48"54'47" West 151.28 feet; thence South 44'27'1 7"
West 104.02 feet; thence South 56'30'35" West 147.17 feet; thence North
74'1 3'36" West 146.41 feet; thence North 84'11'15" West 218.1 1 feet to the
beginning of a tangent 140.00 foot radius curve concave Southeasterly; thence
Southwesterly along the arc of said curve through a central angle of 56"28'45" a
distance of 138.01 feet; thence South 39'20'00" West 236.54 feet; thence South
46'46'16" West 31.78 feet; thence South 60'10'20" West 58.15 feet to the
beginning of a tangent 125.00 foot radius curve concave Northerly; thence Westerly
RE103 4/89
RICKENGINEERTNGCOMPANY 5620 Friars Road
' SanDiego LwA California 92110-2596
(619)291-0707 5c7
J-12987
RANCHO CARRILLO, EXCLUDING PARK SITES,
SCHOOL SITE AND PORTIONS OF VILLAGE "J"
By: RWjb.002
Legal Description
TC Ref.
CO.
Order No.
Date
Descr.
Rev. By
Date: September 29, 1998
Page 5 of 6
along the arc of said curve through a central angle of 51 O48'28'' a distance of 1 13.03
feet; thence North 68'01 '1 2" West 41.08 feet to the beginning of a tangent 100.00
foot radius curve concave Southerly; thence Westerly along the arc of said curve
through a central angle of 35'36'36" a distance of 62.1 5 feet; thence South
76'22' 12" West 45.13 feet; thence North 87'28'01 " West 41.18 feet; thence North
18'34'56" West 95.67 feet; thence North 72'43'50" East 84.30 feet to the
beginning of a tangent 1451 .OO foot radius curve cqncave Northwesterly; thence
Northeasterly along the arc of said curve through a central angle of 30'05'48" a
distance of 762.1 9 feet to the beginning of a reverse 20.00 foot radius curve concave
Southeasterly; thence Northeasterly along the arc of said curve through a central angle
of 21 "1 2'1 6" a distance of 7.40 feet to the beginning of a reverse 30.00 foot radius
curve concave Northwesterly; thence Northeasterly along the arc of said curve through
a central angle of 33°23'30'' a distance of 17.48 feet to the beginning of a reverse
170.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc
of said curve through a central angle of 10'03'18" a distance of 29.83 feet to the
beginning of a reverse 145 1 .OO foot radius curve concave Northwesterly; thence
Northeasterly along the arc of said curve through a central angle of 07'43'04" a
distance of 195.45 feet; thence North 32'47'02" East 240.48 feet to the beginning
of a tangent 21 49.00 foot radius curve concave Southeasterly; thence Northeasterly
along the arc of said curve through a central angle of 00'54'1 1 'I a distance of 33.87
feet; thence North 33'41'13" East 280.45 feet to the beginning of a tangent 25.00
foot radius curve concave Southerly; thence Northeasterly along the arc of said curve
through a central angle of 91'53'02" a distance of 40.09 feet; thence South
46'49'56" East 31.87 feet; thence South 53'32'41 I' East 8.86 feet; thence South
59'31'58" East 35.19 feet to the beginning of a non-tangent 2337.00 foot radius
curve concave Southwesterly, to which a radial line bears North 37'25'20" East;
thence Southeasterly along the arc of said curve through a central angle of 13'37'27"
-
RE103 4/89
. -.
r?
RICKE-NGI"GCOMPANY 5620 Friars Road
SanDiego 1 Califomia92110-2596
(619)291-0707 508
Legal Description
J-12987
RANCHO CARRILLO, EXCLUDING PARK SITES,
SCHOOL SITE AND PORTIONS OF VILLAGE "J"
By: RB/jb.002
Date: September 29, 1998
Page 6 of 6
TC Ref.
co.
Order No.
Date
DOlcr.
Rev. By
a distance of 555.71 feet; thence South 50'32'05'' West 59.84 feet to the TRUE
POINT OF BEGINNING.
JVillaae "J", Lots 1 throuah 45 & Lots 61 throuah 651
Lots 1 through 45 and Lots 61 through 65 of Carlsbad Tract No. 93-01, Rancho
Carrillo Village "J" in the City of Carlsbad, County of San Diego, State of California
according to the map thereof No. 13552 on file in the Office of the San Diego County
Recorder.
jW12987.002
RE103 4/89
EXHIBIT "B "
FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT
[Attached]
08-25-98
S :\172\97 120012.AG4
ASSIGNMENT AND ASSUMPTION AGREEMENT
Pursuant to an Agreement for Filing of Final Maps Within Assessment District
No. 96-1 (Rancho Carillo) dated , 1998 (the "Agreement") between the CITY
OF CARLSBAD ("City") and CONTINENTAL RANCH, INC., a Delaware corporation
("Assignor") , which Agreement is hereby incorporated herein by this reference, and for good
and valuable consideration, receipt of which is hereby acknowledged, the undersigned agree as
follows:
1. The assignment and assumption provided for under this Assignment and
Assumption Agreement ("Assignment") is made together with the sale, transfer or assignment
of all or a part of the property subject to the Agreement. The property sold, transferred or
assigned together with this Assignment is described in Exhibit "A" attached hereto and
incorporated herein by this reference (the "Subject Property").
2. Assignor hereby grants, sells, transfers, conveys assigns and delegates to
("Assignee") all of Assignor's rights, title, interest,
benefits, privileges, duties and obligations arising under or from the Agreement with respect to
the Subject Property.
3. Assignee hereby accepts the foregoing assignment and unconditionally
assumes and agrees to perform all of the duties and obligations of Assignor arising under or
from the Agreement as owner of the Subject Property and Assignor is hereby released from all
such duties and obligations.
4. The sale, transfer or assignment of the Subject Property and the assignment
and assumption provided for under this Assignment are the subject of additional agreements
between Assignor and Assignee. Notwithstanding any term, condition or provision of such
additional agreements, the rights of the City arising under or from the Agreement and this
Assignment shall not be affected, diminished or defeated in any way, except upon the express
written agreement of the City.
5. Assignor and Assignee execute this Assignment pursuant to Section 4 of
the Agreement, and the City evidences its consent to this Assignment by signing below.
08-25-98
S:\ 172\97120012 .AG4 B- 1
't .. 511"
IN WITNESS WHEREOF, the parties have executed this Assignment on
The City hereby consents to this
Assignment.
APPROVED AS TO FORM:
City Attorney
08-25-98
S:\ 172\97 1200 12. AG4
ASSIGNOR:
CONTINENTAL
corporation
RANCH, INC., a Delaware
Name:
ASSIGNEE:
By:
Name:
Title:
CITY:
CITY OF CARLSBAD
By:
Its: City Manager
B-2