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HomeMy WebLinkAbout76-01; Carltas Company; 1996-0141300; Land Conservation851 8 1996-1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 22-HAR-1996 08=35 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SOB* COUNTY RECORDER FEES: 0.00 Space above this line for Recorder's use FOURTH AMENDMENT TO LAND CONSERVATION CONTRACT (Agricultural Preserve 76-1) This Fourth Amendment to Land Conservation Contract (this "Amendment") is made as of January 9 - 1996> by and between Carlsbad Ranch Company, L.P., a California limited partnership, Carlsbad Estate Holding, Inc., a California corporation, and CB Ranch Enterprises, a California corporation (collectively, "Owner") and the City of Carlsbad, a municipal corporation (the "City"), with respect to the Recitals set forth below. RECITALS A. Carltas Company, a California corporation ("Carltas"), and the City, entered into that certain Land Conservation Contract, dated February 26, 1976, and recorded on March 1, 1976, in the Office of the County of San Diego Recorder as Document Number 76-059758, pursuant to the provisions of the Land Conservation Act of 1965; as amended by that certain First Amendment to Land Conservation Contract, dated December 15, 1987, and recorded on May 7, 1993, in the Office of the County of San Diego Recorder as Document Number 93-0286978; as further amended by that certain Second Amendment to Land Conservation Contract, dated December 23, 1988, and recorded on December 29, 1988, in the Office of the County of San Diego County 852 Recorder as Document Number 88-0672971; and, as further amended by that certain Third Amendment to Land Conservation Contract, dated April 12,1993, and recorded on May 21, 1993, in the Office of the County of San Diego Recorder as Document Number 93-0243908, (the "Contract"). B. Owner is the current owner of the land subject to the Contract and Carltas' successor in interest under the Contract. C. Owner and the City now desire to further amend the Contract to conform to current statutory provisions of the Williamson Act as set forth below. NOW, THEREFORE, Owner and the City agree to amend the Contract as follows: 1. Section 10 of the Contract is amended in its entirety to read: Section 10. CANCELLATION, (a) This Agreement may be canceled only by mutual agreement of the Owner and City pursuant to Section 51282 of the Act (Government Code) when, after a public hearing has been held in accordance with the provisions of Section 51284 of the Act (Government Code), the City Council finds either: (1) that the cancellation is not inconsistent with the purposes of the Act; or (2) that the cancellation is in the public interest. (b) This Agreement shall not be canceled until the cancellation fee specified in Section 51283 has been paid, unless such fee or portion thereof is waived or deferred pursuant to subdivision (c) of that section. (c) References in this paragraph 10 to the Act and to sections of the Act (Government Code) are to the Act and sections of the Act (Government Code) as they exist upon the date of the adoption of this Amendment. 853 2. Section 12 of the Contract is amended to strike, "CONTRACT BIDS SUCCESSORS.", and to add, "CONTRACT BINDS SUCCESSORS." 3. Pursuant to Section 16, NOTICE, of the Contract, notice to OWNER shall be addressed as follows: Carlsbad Ranch Company L.P., a California limited partnership 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 CB Ranch Enterprises, a California corporation 5600 Avenida Encinas, Suite 106 Carlsbad, CA 92008 Carlsbad Estate Holding, Inc., a California corporation 5600 Avenida Encinas, Suite 130 Carlsbad, CA 92008 IN WITNESS WHEREOF, Owner and the City have executed this Amendment on the date set forth below. "OWNER" CARLSBAD RANCH COMPANY L.P., a California limited partnership By: CARLTAS COMPANY, a California limited partnership, Its General Partner By: CARLTAS^M^NAGEM^NT^California corporation, Its General Partner By: Christoonyr CT&alkTns, President— \s ERPRISES, a Catffo/nia corporation Cffrlslophef C/CHkirlsTVice-Presfctent \~S CARLSBAD ESTATE HOLDING, INC., a California corporation oV* ^^^ /1 Todd J. Ans6n, Secretary CALIFORNIA ALL-PURPO^ ACKNOWLEDGMENT 854 1State of California 5 | County of San Dieqoi sj On January 29, 1996 before me. Virginia S. Beckner, Notary Public | ^ Date j personally appeared Christopher C. | EO personally known to me - OR - D proved to m I . . S 4 ASSflS^ V1RGNIAS. BECKNER I 5 * «l«4Jg& Commtalon#1076WO \.\ f Eggaain Notary Public -Calfonto % I J vfSEPy' San Diego County - Name and Title of Officer (e.g., "Jane Doe, Notary Public") Calkins Name(s) of Signer(s) e on the basis of satisfactory evidence to be the pe whose name^cRpcire subscribed to the within ins and acknowledged to me that<fjiJshe/they execi same in<fjjp'her/their authorized capacity (ies), and 6jS^her/their signature(e) on the instrument the pe or the entity upon behalf of which the person(s executed the instrument. WITNESS my hand and official seal. / " /I Signature of Notary Public n-ri^niAi $rson(s) j trument J ted the that by rson(&), acted, ! ! Though the information below /s not required by law, it may prove valuable to persons relying on the document and could prevent I 8 fraudulent removal and reattachment of this form to another document. « ! { Description of Attached Document ! Title or Type of Document: Fourth Amendment to Land Conservation Contract !>r Document Date: Signer(s) Other Than Named Above: | Capacity(ies) Claimed by Signer(s) k Signer's Name: J j III Individual | n Corporate Officer j Title(s): \ D Partner — D Limited D General j D Attorney-in-Fact \ n Trustee \ D Guardian or Conservator ^•*aP!§H J Q Other: Top of thumb he i Signer Is Representing: 1 i1. Number of Pages: Signer's Name: D Individual D Corporate Officer Titled: D Partner — n Limited D General D Attorney-in-Fact Fl Trustee • D Guardian or Conservator Uiit^Blfre D Other: Topofthi Signer Is Representing: 088888888888888888388888888888 i HUH jmb here Xj SSMSSSSsJ © 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 855 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907—^^^^^^^^ ! State of California \ County Of San Diego On February 26, 1996 before ! DATE | personally appeared Todd j. | { H personally known to me - OR - D J X?5!^ DIANECARROU. 1 { < fiMMfWa COMM. #1046727 * J 1 Rj^R/J Notary Pvijlic - California > ' 1 ^m&ty SAN DIEGO COUNTY fj | Xtwgsjx My Comm. Expires JAN 6.1999 1(l \ Though the data below is not required by law, it ma j fraudulent reattachment of this form. j CAPACITY CLAIMED BY SIGNERj \ D INDIVIDUAL j D CORPORATE OFFICER \ TITLE(S) \ D PARTNER(S) D LIMITED \ D GENERAL | D ATTORNEY-IN-FACT J D TRUSTEE(S) | D GUARDIAN/CONSERVATOR D OTHER: | \ SIGNER IS REPRESENTING: \ NAME OF PERSON(S) OR ENTITY(IES) | me. Diane Carroll, a Notary Public NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" Anson NAME(S) OF SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(#)-whose name(«t is/afe- subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/ her/their authorized capacity (i,e«-), and that by his/rief/t-h^rtr signature(s) on the instrument the person(s)T or the entity upon behalf of which the person(s} acted, executed the instrument. WITNESS my hand and official seal. 3 SIGNATURE OF NOTARY y prove valuable to persons relying on the document and could prevent DESCRIPTION OF ATTACHED DOCUMENT Fourth Amendment to Land Conservation Contract TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE j ^ga^?g!pgjpj-g-e^^ i | | 1 ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 856 "CITY" CITY OF By: BAD/p municipal oOTporation laude A. Lewis; Mayor Date: ATTEST: By: » X. Aletha L. Rautenkranz, City Clerk ^>^ — -> Cit Clerk / STATE OF CALIFORNIA ) 857 COUNTY OF SAN DIEGO ) On March 19. 1996 , before me, Karen R. Kundtz, Assistant City Clerk, personally appeared Claude A. Lewis. Mayor and Aletha L. Rautenkranz. City clerk , personally known to me (w—pr-oved- to-me-tm-"the--bafri-s--of-»>tf>faetery-ev4d€ftefr) to be the person(s) whose name(s) -i-s/are subscribed to the within instrument and acknowledged to me that -he/she/they executed the same in M-sJkerftheir authorized capacity(ies), and that by h4s/he?/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 tEK R-M&NDTZ, JNssistant City Clerk City of CarUbad3 (SEAL) TELEPHONE: (619) 234-1966 FACSIMILE: (619) 234-3848 (12TH FLOOR) (619) 236-1403 (13ra FLOOR) WRITER'S DIRECT DIAL: (619) 699-0247 BROBECK PHLEGER& HARRISON LLP ATTORNEYS AT LAW 550 WEST C STREET SUITE 1300 SAN DIEGO CALIFORNIA 92101-3532 February 26, 1996 Don Neu City Planning Department City of Carlsbad 2075 Las Palmas Carlsbad, California 92008 Re: Carlsbad Ranch Fourth Amendment to Land Conservation Contract Dear Don: At Todd J. Anson's request, I am enclosing the executed and notarized Fourth Amendment to Land Conservation Contract that was signed and notarized by Carltas Company and Carlsbad Estate Holding, Inc. I trust that you will take responsibility for having the City Manager execute this document and recording it. If my understanding is not correct or if you have any other questions or concerns, please feel free to call me. Very truly yours, BROBECK, PHLEGER & HARRISON LLP C^5ir ByC/ Joan B. Stafslien Enclosure cc: Poul Hartvig Nielsen John Jakobsen Christopher Calkins Todd J. Anson, Esq. BPHSD\JBS\0153186.WP SAN FRANCISCO PALO ALTO Los ANGELES ORANGE COUNTY SAN DIEGO NEW YORK AUSTIN DENVER LONDON* 'BROBECK HALE AND DORR INTERNATIONAL OFFICE TO: L££ FROM:: AW SUBJECT: PROJECT MEMO CITY OF CARLSBAD — PLANNING DEPARTMENT 37DATE: TIME: 3 .' OO /?/V is PROJECT/PERMIT NO /fari cu j I ii jc& I /~>re£e,r\j& AJr>. "?£-' / GftAL.u S~7-/^0V&7~2: -lc"c,~ -- (~^ / uiren/.nc; or your ctS^tS"fotnce.you nee:/ rnodion /0/ect^e - Planning Diroctor/Acting Agent WHITE - Job Site; YELLOW - File; PINK - Inspector CflRlTflScompflnv April 22, 1993 Mr. Don Neu Senior Planner City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009-1576 Re: First Amendment to Land Conservation Contract Agricultural Preserve No. 76-01 Dear Don: I have previously sent to you the Third Amendment to Land Conservation Contract for execution by the Mayor and to return to us for recordation. Enclosed is a copy of the First Amendment which was never recorded. Neither I nor Gary are able to find the original signed copy and, consequently, I suggest that this amendment approved by the City Council and Coastal Commission be fully executed and recorded so we have a complete set of the recorded amendments of record. I have previously spoken with Gary regarding the First Amendment and suggested this procedure, so ,if necessary, you may want to speak with him. If you have any questions, please feel free to call. Very tpily yours, Christopher C. Calkins Manager CCC/dsf Enc. 1-90-051 5600 AVENIDA ENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431-5600 FAX (619) 431-9020