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Home My WebLink AboutCT 92-01; Greystone Homes; 1995-0496502; OtherRECORDING REQUESTED BY AND I WHEN RECORDED MAIL TO: I I City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive I Carlsbad, CA 92008-1989 I I I I I Space above this line for Recorder's use ParelNo. 214- 140- 40-00 AGREEMENT BETWEEN GREYSTONE HOMES AND THE CITY OF CARLSBAD FOR AN AGRICULTURAL MITIGATION FEE STUDY AND CONTINGENT ADDITIONAL FEE THIS AGREEMENT is entered into this day of Ocf. , 19=, by and between Greystone Homes, Inc. a corporation, hereinafter referred to as "Developer" whose address is 495 East Rincon Suite 115 Corona, CA 91719 AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City" whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008-1969. 135 RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit "A", attached hereto and made a part of this agreement, hereinafter referred to as "Property", and WHEREAS, the following condition of approval was placed on the tentative map for this property, CT 92-01, by the Carlsbad City Council on March 1, 1995: "To offset the conversion of non-prime agricultural land to urban uses per the requirements of the Mello II Local Coastal Program (LCP) the applicant shall implement one of the following three mitigation options prior to approval of the final map: (1) Preserve prime agricultural property within the Coastal Zone consistent with the provisions of the Carlsbad LCP; or (2) Illustrate that continued or renewed agricultural use is not feasible per the guidelines of Mitigation Option 2 of the Local Coastal Program; or (3) Provide a payment of an agricultural mitigation fee, the amount of which shall not be less than $5,000 nor more than $10,000 for each net converted acre. The amount of the fee shall be determined prior to approval of the final map and shall be consistent with the provisions of Carlsbad's LCP." WHEREAS, the Developer has chosen to implement option (3) of the above mentioned condition, and WHEREAS, the Developer has paid the minimum fee of $5000 per acre to the California Coastal Conservancy, and WHEREAS, at this time the exact per acre fee for the preservation of prime agricultural land within the California Coastal Zone has not been determined and the Developer wishes to proceed with the grading of the Property and the recordation of a final map on the Property; and therefore the Developer proposes to satisfy the requirements of Condition 56 of City Council Resolution 94-63 by the preparation of a study to determine the cost of preserving an acre of prime agricultural land in the California Coastal Zone. NOW, THEREFORE, In consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall fund a study to be. prepared by a qualified consultant, who is experienced in the valuation of prime agricultural land within the California Coastal Zone. The Carlsbad Planning Department must agree to the selection of the consultant and the study must be submitted to the Staff for review and approval prior to final review and approval of the study by the Carlsbad City Council. 2. The purpose of the study is to establish the value of preserving an acre of prime agricultural land within the California Coastal Zone. Per the policy guidelines established in the Coastal Agricultural Overlay Zone of the Mello I1 Segment of the Local Coastal Program, the amount of mitigation fee shall reflect the per acre cost of preserving prime agricultural land, but the cost shall not be less than $5,000 per acre nor more than $10,000 per net converted acre of agricultural land. 3. In order to establish a valid preservation fee for this case, the prime agricultural land utilized in the study should have a similar residential development potential. The cost of preserving an acre of similar prime agricultural land in the Coastal Zone should reflect the value of the land based on the parcel’s residential development potential minus the value of the parcel as prime agricultural land with no development rights. The difference between the two values reflects the cost of preserving the land for agricultural use. 4. This study shall be completed and submitted for Staff review, forwarded to City Council for review and approval to establish the amount of fee prior to issuance of any building permits. 5. This agreement shall be binding upon and shall inure to benefit of, and shall apply to, the respective successors and assigns of Developer and City, and references to Developer or City herein shall be deemed to be a reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided however, that any successors to Developer’s interest in the property shall have fxst assumed in writing the Developer’s obligation hereunder. 6. This agreement shall be recorded, but shall not create and constitutes a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. +. 137 IN WITNEBS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. GREYSTONE HOMES. INC. CITY OF CARLSBAD. a municid President, Inland Empire (title) mn '~uis Trui ill0 (Notarial acknowledgement of execution APPROVED AS TO FORM: ROYALD R. BALL., City Attorney cxy of DE ELOPER and OWNER must be attached). 1 (President or vice-president and secretary or secretary must sign for corporations. If only one officer signs, the corporation a resolution certified by the secretary or assistant secretary under corporate seal officer to bind the corporation.) STATE OF CALIFORNIA COUNTY OF RIVERSIDE I }ss. 1 On September 29, 1995 , before me, Kim Marie Rogers, Notary Public personally appeared Todd Palmaer and Luis Truiillo , personally known to me (J) to be the person(s) whose name(s) i@ subscribed to the within instrument and acknowledged to me that heishe executed the same in his/her@ authorized capacity(ies), and that by hisihee 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 Title of Document Agreement Between Greystone Homes & City of Carlsba Date of Document 9/29/95 No. of Pages 5 plus acknowledgeme Other signatures not acknowledged Flrsf Arnerlcan Title Insurance Company 3008 (1194) (General) 139 EXHIBIT “A” LEGAL DESCRIPTION Parcel 2 of Parcel Map 6136 in the City of Carlsbad, County of San Diego, State of California, filed and recorded in the Office of the County Recorder of San Diego County, July 6, 1977. State of California County of San Diego On October 20, 1995 Clerk, Dersonally appeared RR before me, Aletha L. Rautenkranz, City .- - " on the basis of satisfactory evidence) to be the perSOn(s) whose , personally known to me (or proved to me name (s) is/are subscribed to-the within instrument and acknowledged to me that he/she/they executed the same in his/her/their the instrument the person(s), or entity upon behalf of which the authorized capacity(ies), and that by his/her/their signature(s) on person(s) acted, executed the instrument. ". ~~~ ~ ~~ WITNESS my hand and official seal (SEAL) @. i2&&d" (Signature)