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Home My WebLink AboutCT 92-07; ; 1996-0343957; Deed Restriction4 '0 ~~- i i -~ .~ ,- .? ,-. "" .- 2k=z :.-. 5-z =:.: . .. ..: Lzr( i e. i .:' : _: - . -.j :_' ." -..A ..- :. 1- i. - %" " . 0.. 2. , ~ ; :! -_ +:.;. z-1 . 5- . . :=: '1 -;= <: =i .:; :-=> I .. -. .,~ . - . .- . * is .=: .. _. =* .2= . : _. "_ I .- -6 .. i - . : fI - : "r .I"" " =-. - -7 .-: .L- L"" . .=.- - -. - ?": _. . " _. " "I:: .. . . . - - " ,. .. I790 '. - . - "_ :=_ ". . .. NO RECORDING FEES PURSUANT ) TO GOVERNMENT CODE $6103 1 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) 1 ., __ ""( .,... :: .._".--.?.- ..-... - -.. , .-. r:;;.-.>.: -.., _._._". ,~ _.... ~~: _.-..-,"-.... -: - """.- ._r_ ..-,-.-,., ".-5. :-..- ..-. -:-. -:-.-..--,--- -;- __ .." -:. :~,~ : . ._. --. - -- .. . .. ". ,i _. I i ..,~ . - :_. , . , :.: . I - :- . - ! : - -7 "' I " - - ..~ ,. :, ., ~ , -. . - .. ii - i . ,.. ... . ."... : .. .. . ,_."_ i-. .. - ." -. .. .. . , .. . ~. __ . . :i - . . . ". - i .. .. ". -.- . "- -, ""_ 3 -. .-. -. "- .. :, .. . -" 1 CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, CA 92008 ) a Space above this line Recorder's use. Documentary transfer tax: None DEED RESTRICTION CB Ranch Enterprises, a California Corporation, landowner, for good and adequate consideration and as a condition of the approval of the Carlsbad Ranch Specific Plan Amendment 207(A), agrees to restrict its property described and generally known as the Flower Fields consisting of approximately 53 acres, and as more particularly described in Exhibit "A attached hereto and incorporated herein by reference and as shown on Exhibit "B" attached hereto for reference purposes only as follows: "The Flower Fields shall remain in flower production in perpetuity. The landowner will plant an open-field flowering crop every year, substantially in the area as shown in the Flower Field Figure 49(A). If the landowner desires to change or modify this obligation, landowner will provide a five- year advance notice to the City Council, accompanied by an alternative agricultural use proposal which landowner intends to initiate at the end of said fwe years. The City Cour;,cil shall hold 3 hearing to review and approve the proposed alternative. Additionally, the City and landowner shall investigate and may implement any methods available to allow the continuation of flower production in accordance with the General Plan. This condition shall be evidenced by a deed restriction and inclusion of notice in the CC&R's restricting Planning Area 7 to agricultural use. "Subject ta any Right of First Offer held by Leg0 Park Planning, Inc., Landowner shall grant to City an exclusive Right of First Offer ("First Offer Right") to acquire the Flower Fields at a purchase price and upon such other terms and conditions as Landowner would be willing to accept from any third party. Landowner shall not sell all or any portion of the Flower Fields (other than to a party purchasing for purposes of continuing the open field flower business with a continued obligation to provide this First Offer) without (i ) first offering the property to City by written notice at a purchase price and upon such other terms and conditions that Landowner ’0 0 1791 would be willing to accept from any third party, and (ii) City’s failure to elect to purchase on such terms and conditions by written notice to Landowner within 90 days of said notice. Any sale at a purchase price of less than 90% of the price at which the property has been offered to the City shall not be made without first offering the City the right to purchase at this price upon 60- days notice, to purchase the property. ”The foregoing First Offer Right shall survive any transfer by the Landowner to any affiliate of Landowner and shall be included in a deed restriction for Planning Area 7.” These restrictions shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties in interest and shall not be changed without the written consent of the City Council of the City of Carlsbad. Landowner agrees to incorporate these deed restrictions by reference in any future deeds to the property. However, failure to do so does not invalidate this deed restriction or affect the rights and duties of any party, person or entity as stated herein. If either party is required to incur costs to enforce the provisions of this covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys’ fees, from the other party. The City may assign to another public entity or entity formed by the City of Carlsbad or to any other mutually agreed upon entity //I //I /I/ /I/ //I //I 111 //I //I 2 .' 0 0 1792 formed or organized for the purposes of maintaining or preserving open space, such as an open space district, landscape maintenance district or otherwise. CB RANCH ENTERPRISES a California corporation CITY OF CARLSBAD, a municipal corporation of the State of (print name) Vice President (title) APmED AS TO FORM: /&-=(-5.L RONALD R. BALL CITY ATTORNEY c */73L STATE OF CALIFORNIA ) COUNTY OF SAN DlEGO 1 ):SS On JudL F",19?6 before me, KMa' A. P-3 I notary public, personally appeared Ct-fR6rnfdm' e- @dw /AS personally known to me it- to be the person(+) whose name()@ae-subscribed to the within instrument and acknowledged to me that = executed the same in &@ke&keir authorized capacity@&), and that by@ 'r 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. 3 I. 0. 1793 STATE OF CALIFORNIA ) .) COUNTY OF SAN DIEGO ) .. \ On June 24, 1996 , before me, Karen R. Kundtz, Assistant .. City Clerk, personally appeared Raymond R. Patchett, City Manager ..................... , personally known to me (-w"w& ~e-me-~.ls-~~~~~-~~~~-) to be the personts) whose .name(s> is/we subscribed to the within instrument and acknowledged to me that he/shef+hey executed the same in his/keqWd+"authorized capacitykw), and that by his/bePfkkeiy signatureb) on the instrument the personfs), or the entity upon behalf of which the person&) acted,. executed the instrument. Witness m,y hand and official seal k (SEAL) t "a , I *' 0 EXHIBIT "A" 0 1794 Those portions of Lots 1 and 2 of Carlsbad Tract No. 92-07 as per Map No. 13075 in the City of Carisbad, County of San Diego, State of California, filed December 28, 1993, described as follows: Beginning at the Southeast corner of said Lot 1; thence along the boundary of said lots, the following courses: North 87'49'47" West 1633.23 feet, North 2"08'40'' East 177.37 feet, to the beginning of a tangent curve concave Southwesterly having a radius of 643.00 feet, and North- westerly 495.30 feet along said curve through a central angle of 44'08'06; thence leaving said boundary, radially from said curve, North 48'00'34" East 247.40 feet; thence North 22"29'26' West 1324.36 feet; thence North 67'30'38" East 758.03 feet to the boundary of said Lot 1; thence along said boundary, the following courses: South 22O29'12" East 789.87 feet, South 2p56'58" East 211.68 feet, South 27'00201 East 1128.47 feet, North 63"50'30" East 631.28 feet to a point on a non-tangent curve concave Westerly having a radius of 621.00 feet, a radial line to said point bears North 74O13'41'' East, Southerly 320.14 feet along said curve through a central angle of 29'32'14", tangent from said curve, South 13'45'55" West 100.00 feet, Southerly 145.69 feet along a tangent curve concave Easterly having a radius of 719.00 feet through a central angle of 11"36'34", and tangent from said curve, South 2"09'21" West 160.20 feet to the Point of Beginning. As more particularly shown on Exhibit "B" attached hereto and made a part hereof, This legal description is not to be used for any purpose that would violate the Subdivision Map Act. / /-R,kJ- Tom R. McGannon, R.C.E. 23956 Registration Expires: 12/3 1/96 fi No. 23956 Exp. 12/31/97 w 4hF a4u@- May 20, 1996 Page 1 of 1 H&A Legal No. 4060 Prepared By: H. Foss Ck'd By: B. Etemadgfh W.O. # 1774-2X . * l(Y3 ., ' EXHIBIT "6" Sketch to Accompany Legal Description .- - ----- - --."--.-""-- - SE. COR. LOT 1 CARLSBAD TR. NO. 92-07, PER MAP NO. 15078. ,01 Hunsaker & Associates /mine, Inc. EXHIBIT "B" Three Hughes, Imine. CA 92718 (714) 583-1010 Planning Engineering Surveying CITY OF CALSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DATE: 5-20-96 I DATE None I B~ H. FOSS E~ BEN E. 1774-2X SCALE: 1 "= 400' REV. .ow CK'd K: K: \DT\l774\2\CALC\LD\4060.DWG SHEET 1 OF 1 HBA LEGAL No. 4060 LOG tN 19-90