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HomeMy WebLinkAbout1977-02-15; City Council; Resolution 4059.. I r. 1 2 3 4 5 6 7 8 9 10 11 12 n 6 u k 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 4059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CARRILLO RANCHO PARTNERSHIP FOR TRANSFER OF TITLE TO PARK SITE TO CITY OF CARLSBAD AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain agreement between the City of Carlsbad and Carrillo Rancho Partnership, a copy of which is attached hereto marked Exhibit A and made a part hereof, for transfer of the title to the park site to the City of Carlsbad in partial satisfaction of the park's condition contained in the Carrillo Ranch Master Plan Ordinance No. 9365, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on thei5th day of February , 1976 by the following vote, to wit: AYES: Coiinci lman Frazee, Lewis, Packard and Councilwoman Casler. NOES : Councilman Skotnjcki ABSENT : No ii e . X&Lp'C A@&?- ROBERT C. FRAZEE, Meor ATTEST : MARGARET E. -ADAMS, City Clerk NORA K, GARDfNEii, Deputy City Clerk (SEAL) 1 THIS AGREEMENT is made this -._ 15thday ____ 02 I___ February - -_ 19i7, between the CITY OF CARLSRAD, a municipal corporation of the State of California (hereinafter referred to as "City") and CARRILLO RANCHO PARTNERSHIP, a California general partnership (hereinafter referred to as "Partnership") . RECITALS WHEREAS, in 1973 Partnership was the owner, or otherwise controlled, approximately 852 acres of real property located within the City of Carlsbad. Partnership having secured c7 Master Development Plan for the property as approved by Ordinance No. 9332, as amended by Ordinance No. 9365, on file in the office of the City Clerk and incorporated by reference herein; and WHEREAS, said ordinance as amended, among other things, identified portions of said property as a site for a community park and requires that the site be dedicated to the City of Carlsbad for park purposes in connection with the development of the property as a condition thereof: and WHEREAS, said plan provides that Partnership shall dedicate an approximate 10-acre portion of said park site known as Parcel K, as shown on the map marked Exhibit A, including the historic Carrillo Ranch House, outbuildings, landscaping and other features, to the City of Carlsbad prior to approval of the first final map for a subdivision within the planned community; and W'iE1iEAS t said plan provides that: Partnership shall dedicate the balance of said park site known as Parcel K-1 upon the occur- rence of certain events. Pending such dedication, Parcel K-1 shall be reserved for park purposes; and WHEREAS, the park dedications required by said Master Plan will satisfy, in part, the requirements of Chapter 20.44 of the Carlsbad Municipal Code, which requires the dedication of land, or the payment of fees in lieu thereof, for park and recreational purposes as a condition of approval of the subdivision of land. Section 20.44.110 provides an alternate procedure for satisfying the park's obligation €or planned communities. Said Master Plan invokes that alternate procedure and the City has elected to proceed pursuant to said section. The parties desire to include in this agreement all those items necessary to accomplish said alternate procedure in accord with said section; and WHEREAS, said Master Plan and said alternate procedure provides for the identification of a major park site and. provides for the dedication of said site as a part of the overall community planning process rather than tying the dedication to the develop- ment of any particular subdivision. The parties recognize that the development of said property will take place over a number of years and they desire to make prearrangement for the dedication of the park site in advance of actual need and subdivision in order to ensure the coordinated that the community will receive the benefits of parks program and in order to allow the park to 2. be dedicated and developed as a unit instead of waiting for a piecemeal dedication pursuant to the individual subdivision process. The dedication and development of the park site can occur as a unit and in advance of what would otherwise be possible, providing a benefit to the planned community; and WHEREAS, in order to accomplish these purposes the Partner- ship will dedicate Parcel K and Parcel K-1 in advance of the requirements of any individual subdivision. The amount of land so dedicated and the value of the improvements on Parcel X will be maintained on account by the City to be drawn upon as satis- faction of the park obligation of Subsequent subdivisions as hereinafter set forth in this agreement; and WHEREAS, the parties recognize that conditions change over the years and that it is not always possible to make provisions that will satisfy future laws and requirements, it is their intention that Parcel K,and Parcel K-1 if required, will be used to the extent available to satisfy Partnership's park require- ments. NOW, THEREFORE, in order to implement the Carrillo Ranch Master Plan, Ordinance Nos. 9332 and 9365, and in consideration of the mutual promises and obligations of the parties set out herein, it is agreed as follows: 1. Upon execution of this agreement, Partnership shall deed Parcel K to the City in fee, free of all liens and encum- brances. Within sixty days after the deed is of record the 3. Partnership shall furnish City with n policy of title insurance, confirming the vesting of the title in the City of Carlsbx2. 2, Marie Antoinette Carrillo Dclpy, and Partnership, shall remain responsible for fire and liability insurance and maintenance of the subject property and improvements pursuant to a Resident Caretaker Agreement, dated April 16, 1974, on file in the office of the City Clerk and inco;.por- ated by reference herein. Termination of Mrs. Delpy's occupancy and transfer of responsibility for insurance and maintenance shall be in accord with said agreenent. 3. Partnership, concurrently with delivery of the deed for the Parcel K park site, shall deed to the City any easement for access purposes from Palomar Airport Road to the park site. City agrees to quitclaim said easement when Poinsettia Lane, as shown on the Master Plan, is constructed from the park site through to El Camino Rea1,or Poinsettia Lane Erom the park site to P4elrose and Melrose to Palomar Airport Road is constructed, or other public access acceptable to the City from the park site to the City's system of streets, is avail- able. 4. The acreage in Parcel K shall constitute a credit in favor of Partnership to be held on account by City. At the request of Partnership, the Partnership may use ci- authorize the use of all or part of such credit in satisfying an equal 4. amount of the requirement for the dedication of land pursuant to Chapter 20.44 for subdivisions approved within the Master Planned Community. Said credit shall be on an acre-for-acre basis, parties having agreed that each acre in said Master Planned Community is equal in value to every other acre for the purposes of this agreement. 5. Pursuant to agreement of the parties, the historic ranch house and other improvements located on Parcel K have been appraised. Pursuant to agreement of the parties, the City Council has established that the full value for all such improvements is the sum of $97;500.00. Upon recordation of the deed for the park site, said amount shall constitute a credit in favor of Partnership to be held on account by City. At the request of Partnership, the Partnership may use or authorize the use of all or part of such credit in satisfaction of the park in lieu fee obligations for sub- divisions approved within the Master Planned Community, 6. At such time as any subdivision map is presented to the City Council for approval for any property within the Master Plan, the park obligations for said subdivision shall be determined in accord with the provisions of Chapter 20-44. If sufficient credit exists in favor of partnership from the dedication of Parcel K to satisfy the obligations of such subdivision, Partnership may elect to satisfy park obligations of said subdivision by an appropriate deduction from said credit. 5. Credit in land equivalencies accrued fron dedication of Parcel K shall be used until exhausted. At the point at which such credit is exhausted, City shall determine the in lieu fee obligation under Chapter 20.44 for the remain- ing obliqation of that subdivision or future subdivisions. If sufficient credit from the value of the improvements exists in favor of Partnership, Partnership may elect to satisfy the in lieu fee obligation of said subdivision by an appropriate deduction from said credit. In the event there is no, or insufficient, credit available to Partner- ship to satisfy the obligation of any subdivisions, the Partnership shall satisfy the requirements of Chapter 20.44 for that subdivision by making any required dedications or paying any required fees in lieu thereof -the City shall determine. 7. A statement regarding the park obligations shall be prepared by City for each tentative map for a subdivision of said property. The statement shall show the amount of land or fees required as determined by City pursuant to Chapter 20.44. The amount of credit in land or improvement value, if any, available to satisfy such requirements shall also be stated. Partnership shall then have the right to elect whether said obligation shall be satisfied from any credits remaining on hand. If the statement indicates that there is insufficient. credit in land or improvement values on account to satisfy the obligation under Chapter 20.44 for that subdivision, 6. Partnership agrees to deed forthwith Parccl K-1 to the City to be held in account and util.ized in accord with this agreement under the same terms and conditions as Parcel K. 8. The parties recognize that the Master Plan is a planning document only and part of the changing process of the City's land use planning program. The park site shown on the Plaster Plan reflects the parties best judgment of an appropriate park program for the development as it is currently planned at this time. It is understood that as said property is subdivided and improved and as the City's planning process continues the City may determine to change the size and location oL the park site or to require additional park sites in City's sole discretion. In the event such a change is necessary, the parties shall further supplement this agreement to effect such change and to provide for the orderly dedication of said park site. The parties shall not unreasonably withhold agreement to any necessary supplement to this agreement resulting fro3 such a change. Thc parties recognize further that the Master Plan shows the park site only as a general location and in an approxi-. mate size. The City reserves the right to fix a final 1ocatic;n site and boundary of such site in its sole discretion. Notwithstanding the above, it is the intent of the parties that Partnership will receive full credit for its dedications of Parcel K to City as soon as feasible and possible under 7. 9. the circumstances. lands are dedicated, Partnership will receive full credit on the same basis as Parcel K. City and Partnership agree that each will reserve mutual slope rights and mutual easements for utilities in connection with and contiguous to Parcel K and Parcel K-1. Said reservation is to be of mutual benefit of each. granted by City to Partnership on Parcel K and Parcel K-1 shall not be inconsistent or otherwise interfere with the use of said property as a park site. In the event Parcel K-1 or other park Slope rights 10. If the P-C zoned property is rezoned by City, or this agreement is terminated prior to completion of development as provided in the Naster Plan, the title. to any land or improvements dedicated or deeded pursuant to this agreement shall remain in the City. Any remaining balance of land or improvement value credit not utilized in satisfaction of the requirements of this agreement shall remain on account and shall be available to satisfy the park requirements which may apply to any future subdivision of the property. 3.1. This agreement shall bind and inure to the benefit of the parties, their respective assigns and successors and the successive owners of said property, 12. In the event the Partnership sells portions of the property to other parties who become the subdivider, the credits available pursuant to this agrc. lent may be made available 8. of written authorization by City from Par-tnership indicating the amount of such credit to be made available. I1J I?ITKESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. ATTEST : CITY OF CARLSBAD, a Municipal Corporation of the State of California MARCAIZT E. ADAXS, City Clerk ROBERT C. FRAZEEf Flayor NORA K. GAilDINER, CepGty City Clerk NORA K. GAilDINER, Ceputy City Clerk ATTEST : CARRILLO RANCHO APPROVED AS TO FORM: City Attorney I, 9.