HomeMy WebLinkAbout1990-05-22; City Council; Resolution 90-140"7 0
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RESOLUTION NO. 9 0 - 1 4 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SUPPLEMENT TO THE 1982 PARKS
AGREEMENT BETWEEN THE CITY OF CARLSBAD AND FIELDSTONE/LA
COSTA ASSOCIATES LIMITED PARTNERSHIP AND AUTHORIZING THE
MAYOR TO EXECUTE SAID SUPPLEMENT.
WHEREAS, the City Council of the City of Carlsbad, California, does hereby
as follows:
1. That the supplement to the 1982 Parks Agreement between the
Carlsbad and Fieldstone/La Costa Associates Limited Partnership which is attached
as Exhibit A, and made a part hereof, is approved.
2. That the Mayor of the City of Carlsbad is hereby authorized and dire
execute said supplement for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsb;
Council held on the 22nd day of May , 1990 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and 1
NOES: None
ABSENT: None
ATTEST:
Z, City Clerk , Assistant City Clerk
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1990 PARKS SUPPLEMENT
THIS 1990 SUPPLEMENT TO THE 1982 PARK AGREEMENT ("1990 Supplement"
is made this day of , 1990, between the CITY OF CARLSBAE
a municipal corporation of the State of California ("City") and FIELDSTONE/LA COSTJ
ASSOCIATES LIMITED PARTNERSHIP, a California limited partnership (('Fieldstone'':
who agree as follows:
Recitals
A. On or about April 8,1982, the City entered into the 1982 Parks Agreemen
with Daon Corporation, predecessor in interest to BCE Development Inc., which compan
in turn was predecessor in interest to Fieldstone which Agreement was supplemented b:
the 1988 Parks Supplement between City and BCE development dated March 3, 1981
B. By Resolution No. 6200, Condition No. 3, the City of Carlsbad require1
12.5 acres of certain parkland be dedicated in accordance with the then effective 197;
Parks Agreement, as a condition to final approval of the subdivision map for lani
commonly known as "Santa Fe Knollst' and more particularly described as Carlsbad Trac
No. 75-9B. Subsequent to the 12.5 acre dedication and prior to obtaining credits fo
parkland dedication pursuant to the conditions of the 1978 Parks Agreement, th
tentative map for Unit 3 of Santa Fe Knolls expired. In 1982 the City entered into a net
Parks Agreement which specifically excluded the Santa Fe Knolls Unit 3 property as no
a part on Exhibit C to the 1982 Parks Agreement. In 1985 the Anden Group applied fo
and received approval of a tentative map for the expired portion of Santa Fe Knoll
known as Carlsbad Tract 85-5.
C. On or about July of 1986, the Anden Group secured a grant deed for
portion of Stagecoach Park consistent with the requirement of the accelerated dedicatio:
requirements of the 1982 Parks Agreement. Because the Santa Fe Knolls Unit :
property is excluded from the 1982 Parks Agreement boundary the Anden Group wa
required to post park-in-lieu fee bonds in addition to the parkland dedication. The par!
dedication was subsequently accepted by City Council on November 1, 1988 pe
Resolution No. 88-378. The land described in said corporation grant deed for parklanc
is additionally listed on and described in Exhibit 1 to the 1988 Parks Supplement.
D. The parties hereto, by executing this 1990 Parks Supplement, desire tl
clarify and agree (1) that the Santa Fe Knolls subdivision Unit 3 (CT 85-5), is includec
in the land subject to accelerated parks dedication as described in the 1982 Park
Agreement, (2) that the Deed for Parkland subject of Council Resolution 88-378 satisfie
the park dedication requirements for CT 85-5, and (3) that Condition 3 of Resolutiol
6200 is satisfied as well.
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The parties hereby agree as follows:
1. Exhibit "C" of the 1982 Parks Agreement is amended by this paragraph 1
delete the notation "NAP" (not a part) such that Santa Fe Knolls (CT 85-5) is includc
within Area I in order to obtain credit for parkland dedication under the Parl
Agreement.
2. Except as , amended by this 1990 Parks Supplement, the 1982 Parl
Agreement and 1988 Parks Supplement remain in full force and effect.
3. All parties agree that the park inventory attached as Exhibit "1" represen.
the status of the Stagecoach Park dedication as of the date of this Agreement. Aftr
subtracting the park credits for CT 85-5, Fieldstone shall have a park credit balance (
14.628 acres. Fieldstone shall ,cause to be dedicated 1.317 acres of ,parkland
the accelerated rate in accordance with the 1982 Parks Agreement before full dedicatio
of Stagecoach Park is complete.
CITY OF CARLSBAD
A Municipal Corporation of the State (
California
BY:
CLAUDE A. LEWIS, Mayor
FIELDSTONE/LA COST,
ASSOCIATES LIMITED PARTNERSHII
A California Limited Partnership
BY: THE FIELDSTONE COMPANY
A California Corporation Genera
Partner
- i/ .- a
.c STATE OF CALIFORNIA E COUNTYOF SAN DIEGO is'.
m om" .."".._ ..._ " r March 30 1990 a . before me, the undersigned, a Notary Public in and for N BARON] 2 said State, personally appeared
JOHN BARONE E "" """"
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r
.- .- X*& lr. , Personally known to me (or proved to me on the
," c" basis of satisfactob' evidence) to be the persons who executed the within instrument as
$5 50 FIELDSTONE COMPANY /
a f3(NMNmk-AS*n&"Secretary, on behalf of-!J?HF
a m a, .e thecorporationthereinnamed,andacknowledgedtomethatsaid
(0 mc c corporation executed the within instrument pursuant to its by- MzziE$ : .o m laws Ora reSOlUtiOn Of its board of directors,said corporation being ._ .; L .- Q) known to me to be the general partner of FTELDS'I'OU /LA [5 ASSOCIATES " LIMITED PARTNERSHIP, 6 g the limited partnership that executed the within instrument, and
acknowledged to me that such corporation executed the same as I z :-. -(This area for official notarial seal)
. .. _. t_
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" ". " e a PARK ALREADY DEDICATED
' 0 PARK PROPOSED
A COSTA NORTH '-I LIMITS OF CONTRIBUTORY
(ALGA NORTE) NAP NOT A PART COMMUNITY PARK AREA FOR PARK AGREEME 7 1 ' LA COSTA non~n 1 I/
*,,?A 011 I..
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AMENDED EXHIBIT 'C' izak AC. STAGECO,
G 61'. 6 -6- 40 - 10-27-8 1 RICK ENGINEERING CO. I1 1
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