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HomeMy WebLinkAboutCT 94-09; Carlsbad Ranch Company LP; 1996-0107755; Land Conservation"DOG i 1996-0107755 ^5-riAR-1996 09*52 API OFFICIAL RECORDS 'S OFFICE huuKLiLk 3iOO RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) 779 ) City Clerk ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, CA 92008 ) m DIEGO COUHTY RECORDER'S OF GREGORY SHITH, COUHTY RECORD RF= 14,00 FEES: AFs IP. 00 HF= 1.00 Space above this line for Recorder's use Parcel No. 211-022-05. 06. 211-023-02. 05. 06 CERTIFICATE OF TENTATIVE PARTIAL CANCELLATION PURSUANT TO CALIFORNIA LAND CONSERVATION ACT OF 1965 Pursuant to the California Land Conservation Act of 1965, the City of Carlsbad (the "City"), does hereby give notice of tentative partial cancellation of the following described contract and certifies: 1. On February 10, 1976, the then current landowner and the City entered into that certain Land Conservation Contract 76-1 under the California Land Conservation Act of 1965, recorded on March 1, 1976, as Document Number 76-059758 in the Office of the San Diego County Recorder (the "Contract"). 2. The land subject to the Contract is described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Contract Land"). 3. Carltas Company, a California limited partnership; CB Ranch Enterprises, a California corporation; Carlsbad Ranch Company L.P., a California limited partnership; and Carlsbad Estate Holding, Inc., a California corporation, the current owners of a portion of the Contract Land which is depicted in Exhibit "B" attached hereto and incorporated herein by this reference (the "Carlsbad Ranch Cancellation Land"). 4. The Carlsbad Ranch Cancellation Land is the subject of the tentative partial cancellation adopted on January 9 1996, by the City Council of the City of Carlsbad (the "Council") Resolution No. 96-2, subject to the conditions set forth in 780 Exhibit "C" , therein (the "Conditions"). 5. The Conditions are set forth in this Section 5 and shall be satisfied for final partial cancellation of the respective cancellation area. 5.1. Payment of the Cancellation Fee. A cancellation fee for the respective cancellation area in the amount of: $791,609.00 for the LEGOLAND Cancellation Area; $291,694.00 for the Resort Cancellation Area: $301,194.00 for the Research and Development/Office Cancellation Area; $347,391.00 for the Specialty Retail Cancellation Area; and, $29,227.00 for LEGO Drive Cancellation Area. The Cancellation Fee is as calculated by the City and certified to the County Auditor, based upon the cancellation value certified to the Council by the County assessor shall be paid prior to final partial cancellation. If the County Assessor certifies a lesser cancellation value for APN 211-022-05 and APN 211-023-06, pursuant to the applicant's reconsideration letter to the County Assessor of November 9,1995, and December 15,1995, cancellation fees for the LEGOLAND cancellation, resort cancellation, and LEGO Drive cancellation shall be recalculated by the City and certified to the County Auditor based upon the revised cancellation value certified to the Council by the County Assessor. If such fee has not been paid within one (1) year of the date of recordation of this Certificate of Tentative Partial Cancellation, any such unpaid fee for the area subject to final cancellation shall be recomputed upon notice to the City by the landowner that landowner has satisfied, or is prepared to satisfy, the outstanding conditions. Recomputation shall follow the procedure for original calculation and shall be based upon the value of the land at the time of recomputation. -2- 781 5.2. Permits Necessary to Commence the Project. All permits necessary to commence the project within the respective cancellation areas, shall have been issued prior to final partial cancellation for that cancellation. The permits necessary to commence the project pursuant to California Government Code Section 51283.4, are determined by the City to be the following: i) A Final Map or Grading Permit from the City of Carlsbad for the grading in the respective cancellation areas including LEGOLAND, the Resort, the Research and Development/Office, the Specialty Retail, or LEGO Drive cancellation areas; and, ii) A Coastal Development Permit for the respective cancellation area from the City of Carlsbad or the California Coastal Commission for any grading in the LEGOLAND, the Resort, the Research and Development/Office, the Specialty Retail, or LEGO Drive cancellation area. 5.3. Dedication of Property. Prior to final cancellation of any Cancellation Area, the landowner shall offer to the City or to the appropriate public agency, all property within the LEGOLAND, Resort, Research and Development/Office, the Specialty Retail, and LEGO Drive cancellation area, which is required to be dedicated to public ownership for that cancellation area under the conditions of the Carlsbad Ranch Specific Plan Amendment 207(A). 5.4 Environmental Impact Report and Statement of Overriding Considerations and Mitigation Monitoring Program. Pursuant to Sections 15162 and 15168 of the State of California Environmental Quality Act ("CEQA") Guidelines, the City has reviewed the proposed request for tentative cancellation on portions of land totaling -3- 782 approximately 179.11 acres covered by Williamson Act Contract Number 76-1 and generally described as portions of the LEGOLAND, Resort, Research and Development/Office, Specialty Retail and LEGO Drive cancellation areas of the approved Carlsbad Ranch Specific Plan Amendment 207(A) (Ordinance No. NS-344), and that the certified Carlsbad Ranch Specific Plan Amendment 207(A) Final Environmental Impact Report (Resolution No. 96-1) and adopted Statement of Overriding Considerations and Mitigation Monitoring Program (Resolution No. 96-1) adequately describe the associated potential impact and required mitigation measures and no new environmental documentation has been required for the purposes of CEQA. The landowner shall, prior to final cancellation of any Cancellation Area, complete and/or comply with all applicable required mitigation measures for that Cancellation Area identified in the certified Carlsbad Ranch Specific Plan Amendment 207(A) Environmental Impact Report (Resolution No. 96-1) and adopted Statement of Overriding Considerations and Mitigation Monitoring Program (Resolution No. 96-1) for the LEGOLAND, Resort, Research and Development/Office, Specialty Retail and LEGO Drive cancellation areas. -4- 783 6. A Certificate of Final Partial Cancellation for the LEGOLAND Cancellation Area, the Resort Cancellation Area, the Research and Development/Office Cancellation Area, the Specialty Retail Cancellation Area, or the LEGO Drive Cancellation Area will be issued and recorded by the City upon satisfaction by the landowner of the respepjfoe conditions for thjatfjzancellation area set forth in Section 5, above. City of Carlsbad IS; Mayor Date ATTEST: ALETHA L. RAUTENKRANZ, City ClerkJ City of Carlsbad (SEAL) -5- EXHIBIT "A" ASUA HOIOHDA HGOOM 784 _ROAO CXTtNy.>>-^ V CARLSBAD RANCH: WILLIAMSON ACT LANDS Non-Williamson Act Lands 121.94 Williamson Act Lands Remaining Under Contract 146.35 Williamson Act Lands to be Removed from Contract 179.11 ATTACHMENT "E-f 1XGOOX 785 ._ —"-•«=—— CARLSBAD RANCH: CANCELLATION AREAS A. B. C. D. E. Specialty Retail Cancellation Area -15.95 Acres Research and Development/Office Cancellation Area - 20.87 Acres LEGO Drive Cancellation Area -1.08 Acres LEGOLAND Cancellation Area - 93.35 Acres Resort Cancellation Area - 47.86 Acres EXHIBIT "B" 0'1600'786 SCALE: 1" = 800' PALOMAR AIRPORT ROAD WILLIAMSON ACT LANDS TO BE REMOVED FROM EXISTING PARCELS ASSESSOR'S PARCEL NUMBER AREA (Acres) 211-022-05 211-022-06 211-023-02 211-023-05 211-023-06 107.54 2.68 15.95 8.08 44.86 Dote: 10/09/95 Tpme: 13: PC 01 niE=F:\J08S\891014\LGOEXWM.DWG EXHBIT"C" 787 CONDITIONS REQUIRED FOR FINAL CANCELLATION OF WILLIAMSON ACT CONTRACTS ON PORTIONS OF LAND TOTALING APPROXIMATELY 179.11 ACRES COVERED BY WILLIAMSON ACT CONTRACT NUMBER 76-1 AND GENERALLY DESCRIBED AS THE LEGOLAND, RESORT, RESEARCH AND DEVELOPMENT/ OFFICE, AND SPECIALTY RETAIL PLANNING AREAS AND LEGO DRIVE OF THE CARLSBAD RANCH SPECIFIC PLAN AMENDMENT Pursuant to Section 51283.4 of the California Government Code, the following conditions shall be satisfied for final cancellation of Williamson Act Contracts on land totaling approximately 179.11 acres covered by Williamson Act Contract Number 76-1 and generally described as the LEGOLAND, Resort, Research and Development/Office, Specialty Retail, and LEGO Drive Cancellation Areas, as depicted on Attachment "E-1". The landowner shall provide notice to the City, as specified in Section 51283.4 when all conditions have been fulfilled for each such area. If the landowner is unable to satisfy the conditions enumerated below for that area, the landowner shall provide notice to the City of the particular conditions they are unable to satisfy and, pursuant to Section 51283.4, the City shall, within thirty days, execute a certificate of withdrawal of approval of the tentative cancellation of the contract for that Cancellation Area and cause the same to be recorded. Determination by the City of compliance with these conditions is intended to be a ministerial act. 1. PAYMENT OF THE CANCELLATION FEES Cancellation fees for the LEGOLAND Cancellation, Resort Cancellation, Research and Development/Office Cancellation, Specialty Retail Cancellation, and LEGO Drive Cancellation in the amounts as calculated by the City and certified to the county auditor, based upon the cancellation values certified to the Council by the county assessor, shall be paid for that Cancellation Area prior to final cancellation of the respective cancellation area. If the County Assessor certifies a lesser cancellation value for APN 211-022-05 and APN 211-023-06, pursuant to the applicant's reconsideration letter to the County Assessor on November 9, 1995, and December 15,1995, cancellation fees for the LEGOLAND Cancellation, Resort Cancellation, and LEGO Drive Cancellation shall be recalculated by the City and certified to the County Auditor based upon the revised cancellation value certified to the City Council by the County Assessor. If such fees have not been paid within one year of the date of recording of the Certificate of Tentative Cancellation, any such unpaid fee for the Cancellation Area subject to final cancellation shall be recomputed upon notice to the City by the landowner that the landowner has satisfied, or is prepared to satisfy the outstanding conditions. Recomputation shall follow the procedure for the original calculation and shall be based upon the value of the land at the time of recomputation. 2. PERMITS NECESSARY TO COMMENCE THE PROJECT All permits necessary to commence the project within the Cancellation Area shall have been issued prior to final cancellation for that Cancellation Area. The 788 Permits necessary to commence the Project pursuant to Government Code section 51283.4 are determined by the City to be the following: A) A Final Map or Grading Permit from the City of Carlsbad for the LEGOLAND, the Resort, the Research and Development/Office, the Specialty Retail, or LEGO Drive Cancellation Areas; and B) A Coastal Development Permit from the City of Carlsbad or California Coastal Commission for any grading in the LEGOLAND, the Resort, the Research and Development/Office, the Specialty Retail, or LEGO Drive Cancellation Area. 3. DEDICATIONS OF PROPERTY The landowner shall, prior to final cancellation of any Cancellation Area, offer to the City or to the appropriate public agency, all property within the LEGOLAND, the Resort, Research and Development/Office, the Specialty Retail, and LEGO Drive Cancellation Areas which are required to be dedicated to public ownership for that Cancellation Area under the conditions of the Specific Plan Amendment and/or Tentative Map for Carlsbad Ranch. 4. ENVIRONMENTAL IMPACT REPORT AND STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION AND MONITORING REPORT Pursuant to Sections 15162 and 15168 of the State of California Environmental Quality Act (CEQA) Guidelines, the City of Carlsbad has reviewed the proposed request for tentative cancellation on portions of land totaling approximately 179.11 acres covered by Williamson Act Contract Number 76-1 and generally described as the LEGOLAND, Resort, Research and Development/Office, Specialty Retail and LEGO Drive Cancellation Areas and has determined that the request is within the scope of the approved Carlsbad Ranch Specific Plan Amendment (Ordinance NS-344), and that the certified Carlsbad Ranch Specific Plan Amendment and Final Environmental Impact Report (Resolution No. 96-1) and adopted Statement of Overriding Considerations and Mitigation and Monitoring Program (Resolution No. 96-1) adequately describes the associated potential impacts and required mitigation measures and no new environmental documentation has been required for the purposes of CEQA. The landowner shall, prior to final cancellation of any Cancellation Area, complete all required mitigation measures identified for that cancellation area in the certified Carlsbad Ranch Specific Plan Amendment Final Environmental Impact Report (Resolution No. 96-1) arid adopted Statement of Overriding Considerations and Mitigation Monitoring Program (Resolution No. 96-1) for the LEGOLAND, Resort, Research and Development/Office, Specialty Retail, and LEGO Drive Cancellation Areas. EXHIBIT "B" 789 1600' 8<xy SCALE: 1" = 800' PALOMAR AIRPORT ROAD WILLIAMSON ACT LANDS TO BE REMOVED FROM EXISTING PARCELS ASSESSOR'S PARCEL NUMBER 211-022-05 211-022-06 211-023-02 211-023-05 211-023-06 AREA (Acres) 107.54 2.68 15.95 8.08 44.86 EXHIBIT "C"790 CONDITIONS REQUIRED FOR FINAL CANCELLATION OF WILLIAMSON ACT CONTRACTS ON PORTIONS OF LAND TOTALING APPROXIMATELY 179.11 ACRES COVERED BY WILLIAMSON ACT CONTRACT NUMBER 76-1 AND GENERALLY DESCRIBED AS THE LEGOLAND, RESORT, RESEARCH AND DEVELOPMENT/ OFFICE, AND SPECIALTY RETAIL PLANNING AREAS AND LEGO DRIVE OF THE CARLSBAD RANCH SPECIFIC PLAN AMENDMENT Pursuant to Section 51283.4 of the California Government Code, the following conditions shall be satisfied for final cancellation of Williamson Act Contracts on land totaling approximately 179.11 acres covered by Williamson Act Contract Number 76-1 and generally described as the LEGOLAND, Resort, Research and Development/Office, Specialty Retail, and LEGO Drive Cancellation Areas, as depicted on Attachment "E-1". The landowner shall provide notice to the City, as specified in Section 51283.4 when all conditions have been fulfilled for each such area. If the landowner is unable to satisfy the conditions enumerated below for that area, the landowner shall provide notice to the City of the particular conditions they are unable to satisfy and, pursuant to Section 51283.4, the City shall, within thirty days, execute a certificate of withdrawal of approval of the tentative cancellation of the contract for that Cancellation Area and cause the same to be recorded. Determination by the City of compliance with these conditions is intended to be a ministerial act. 1. PAYMENT OF THE CANCELLATION FEES Cancellation fees for the LEGOLAND Cancellation, Resort Cancellation, Research and Development/Office Cancellation, Specialty Retail Cancellation, and LEGO Drive Cancellation in the amounts as calculated by the City and certified to the county auditor, based upon the cancellation values certified to the Council by the county assessor, shall be paid for that Cancellation Area prior to final cancellation of the respective cancellation area. If the County Assessor certifies a lesser cancellation value for APN 211-022-05 and APN 211-023-06, pursuant to the applicant's reconsideration letter to the County Assessor on November 9, 1995, and December 15,1995, cancellation fees for the LEGOLAND Cancellation, Resort Cancellation, and LEGO Drive Cancellation shall be recalculated by the City and certified to the County Auditor based upon the revised cancellation value certified to the City Council by the County Assessor. If such fees have not been paid within one year of the date of recording of the Certificate of Tentative Cancellation, any such unpaid fee for the Cancellation Area subject to final cancellation shall be recomputed upon notice to the City by the landowner that the landowner has satisfied, or is prepared to satisfy the outstanding conditions. Recomputation shall follow the procedure for the original calculation and shall be based upon the value of the land at the time of recomputation. 2. PERMITS NECESSARY TO COMMENCE THE PROJECT All permits necessary to commence the project within the Cancellation Area shall have been issued prior to final cancellation for that Cancellation Area. The Permits necessary to commence the Project pursuant to Government Code section 51283.4 are determined by the City to be the following: A) A Final Map or Grading Permit from the City of Carlsbad for the LEGOLAND, the Resort, the Research and Development/Office, the Specialty Retail, or LEGO Drive Cancellation Areas; and B) A Coastal Development Permit from the City of Carlsbad or California Coastal Commission for any grading in the LEGOLAND, the Resort, the Research and Development/Office, the Specialty Retail, or LEGO Drive Cancellation Area. 3. DEDICATIONS OF PROPERTY The landowner shall, prior to final cancellation of any Cancellation Area, offer to the City or to the appropriate public agency, all property within the LEGOLAND, the Resort, Research and Development/Office, the Specialty Retail, and LEGO Drive Cancellation Areas which are required to be dedicated to public ownership for that Cancellation Area under the conditions of the Specific Plan Amendment and/or Tentative Map for Carlsbad Ranch. 4. ENVIRONMENTAL IMPACT REPORT AND STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION AND MONITORING REPORT Pursuant to Sections 15162 and 15168 of the State of California Environmental Quality Act (CEQA) Guidelines, the City of Carlsbad has reviewed the proposed request for tentative cancellation on portions of land totaling approximately 179.11 acres covered by Williamson Act Contract Number 76-1 and generally described as the LEGOLAND, Resort, Research and Development/Office, Specialty Retail and LEGO Drive Cancellation Areas and has determined that the request is within the scope of the approved Carlsbad Ranch Specific Plan Amendment (Ordinance NS-344), and that the certified Carlsbad Ranch Specific Plan Amendment and Final Environmental Impact Report (Resolution No. 96-1) and adopted Statement of Overriding Considerations and Mitigation and Monitoring Program (Resolution No. 96-1) adequately describes the associated potential impacts and required mitigation measures and no new environmental documentation has been required for the purposes of CEQA. The landowner shall, prior to final cancellation of any Cancellation Area, complete all required mitigation measures identified for that cancellation area in the certified Carlsbad Ranch Specific Plan Amendment Final Environmental Impact Report (Resolution No. 96-1) arid adopted Statement of Overriding Considerations and Mitigation Monitoring Program (Resolution No. 96-1) for the LEGOLAND, Resort, Research and Development/Office, Specialty Retail, and LEGO Drive Cancellation Areas. ATTACHMENT "E-1" l^GOOX 792 —: ^*" ^WAQ i i . •«" - ^"^^' \ _ wane CARLSBAD RANCH: CANCELLATION AREAS A. Specialty Retail Cancellation Area -15.95 Acres B. Research and Development/Office Cancellation Area - 20.87 Acres C. LEGO Drive Cancellation Area -1.08 Acres D. LEGOLAND Cancellation Area - 93.35 Acres E. Resort Cancellation Area - 47.86 Acres City of Carlsbad Office of the City Clerk February 26, 1996 Gregory J. Smith County Recorder PO Box 1750 San Diego CA 92112-4147 Enclosed for recordation is the following described document: Certificate of Tentative Partial Cancellation Pursuant to California Land Conservation Act of 1965 APN: 211-022-05 & 06, 211-023-02, 05 & 06 Also enclosed are instructions on how the City is to be billed for the recordation fees incurred. Thank you for your assistance with this matter. KATHLEEN D. SHOUP Sr. Office Specialist 1 2OO Carlsbad Village Drive • Carlsbad, California 92OO8 1 989 • (619)4342808