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Home My WebLink About1998-11-17; City Council; Resolution 98-3810 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 98-381 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD TRANSFERING TITLE FROM CYPRESS VALLEY, L.L.C. TO THE CITY CARLSBAD OF A MITIGATION PARCEL TO BE PRESERVED TO ALLOW FOR THE DEVELOPMENT OF VILLAGES Q AND T WITHIN THE CALAVERA HILLS MASTER PLAN CASE NAME: CALAVERA NATURE PRESERVE CASE NO.: CT 83-1 9/83-32 The City Council of the City of Carlsbad, California, does hereby re: follows: WHEREAS, on March 15, 1993, the City and Lyon Communities enterc Mitigation Agreement whereby a 11 0 acre parcel was purchased for the purpose of PE open space and habitat preservation to mitigate the impacts of development of Villages within the Calavera Hills Master Plan; and WHEREAS, the signed Mitigation Agreement requires the transfer of title from the Developer to the City of Carlsbad so that the City or designated entity cat maintenance and management activities on-site; and WHEREAS, the transfer of title is required within five years of si< Agreement; and WHEREAS, Cypress Valley, L.L.C. has replaced Lyon Communities successors in interest; and WHEREAS, Cypress Valley, L.L.C. is prepared to fulfill any and all C obligations outlined in the Agreement as mitigation for the development of Villages which received final map approval in 1992; and WHEREAS, the coastal sage acreage provided by the mitigation parce the coastal sage acreage impacted by Q and T by 37.9 acres based on a one to one ratio; and 1 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 116 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the transfer of title from Developer to the City is necessar the City can then transfer the title to the Preserve’s designated environmental mana Environmental Trust. NOW, THEREFORE, BE IT RESOLVED by the City Council of thc Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the transfer of title from Cypress Valley, L.L.C. to the City is nl for the establishment of the Calavera Nature Preserve and implementation of the b Agreement of March 15, 1993. The Mayor is authorized and directed to execute the A( to Grant Deed (Exhibit “B”) and the City Clerk is authorized to accept the attached transfer title from Cypress Valley, L.L.C. to the City. 3. That the 37.9 excess acres of coastal sage present on the Preserve be considered for the mitigation of impacts due to the build out of the remaining undc villages of the Calavera Heights master plan with the pending environmental impac prepared for those villages. .... .... . . .. . . .. . . .. . . .. .... .... . . .. . . .. . . .. . . .. ... I ~ -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 4. The City will control the expenditure of the initial maintenanc ($93,875.00) originally deposited by Lyon Communities and intended to fund the initial maintenance activities. PASSED AND ADOPTED at a regular meeting of the City Council of th Carlsbad on the 17th day of November 1998, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin am NOES: None ABSENT: None ATTEST: -_ I* ALETHA L. RAUtENKdNZ, City Clerk \ (SEAL) -3- 0 0 Recording Requested By When Recorded Mail To: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Mail Tax Statement To: and (same) A.P.N. 168-050-01 Documentary Transfer Tax $16) - computed on the consideration or value of property conveyed; OR &. M" less liens or encumbrances remaining determining tax -- firm name at time of sale. - computed on the consideration or value signature of declarad/agent GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CYPRES! VALLEY LLC, a California Limited Liability Company ("Grantdr"), hereby grants to CITY 01 CARLSBAD, a California municipal corporation ("Grantee"), the real property in the City o Carlsbad, County of San Diego, State of California, shown on attached Exhibit "A, incorporated herein by this reference. This conveyance is subject to the provisions set forth in the Addendum to Grant Deed Exhibit "B," attached hereto and incorporated herein by this reference. this instrument has been executed this p~ day a Cypress Valley LLC, a California limited liability company By: McMillin Companies, LLC a Delaware limited liability company -1 - 45600-27 2/1 3/98 MAIL TAX STATEMENTS AS DIRECTED ABOVE 0 0 STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 ) ss. scribed to the within instrument and acknowledged to me that helshelthey executed tf. same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on tt instrument, the person(s), or the entity upon behalf of which the person(s) acted, executc the instrument. WITNESS my hand and official seal. Signature 4 BARBARA I?. KlNER f c Commlsslon#1071041 s Notmy Public - California San Olego County b1y mlnm. Expires sep 4.1 “p9 I j& i (Sea STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 ) ss. islare subscribed to the within instrument and acknowledged to me that helshelthey execut ed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s on the instrument, the person(s), or the entity upon behalf of which the person@) acted executed the instrument. WITNESS my hand and official seal. Signature Seal 45600-27 211 3198 2 I. I 0 0 EXHIBIT "A" PARCEL 1: THAT PORTION OF LOT I'D" OF RANCHO AGUA HEDIONDA, IN THE CIT CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TC PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE CC RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLI BEGINNING AT A POINT. IN THE NORTHERLY LINE OF LOT IIL" IN SAID RAE CORNER OF SAID LOT 'IL"; THENCE NORTH OOo10'20" WEST 72.64 FEET; TI NORTH 88O25'20" WEST, 269.25 FEET; THENCE SOUTH 52°18'40" WEST, E FEET; THENCE SOUTH 13 O 35 ' 4 0 I' WEST 4 0.00 FEET, MORE OR LESS , TC NORTHERLY LINE OF SAID LOT IlLIl; THENCE ALONG SAID NORTHERLY I SOUTH 89O44 ' 00 'I EAST, TO THE POINT OF BEGINNING, DISTANT THEREON NORTH 89 O44 ' 06 I! WEST 1323.42 FEET FROM THE NORTI EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE SO~E PROLONGATION OF THE MOST EASTERLY LINE OF RECORD OF SURVEY mp 4610 FILED IN THE OFFICE OF THE COUNTY RECORDER OF sm DIEGO cor MARCH 13, 1958. PARCEL 2: THAT PORTION OF LOTS "D" AND "L" OF RANCHO AGUA HEDIONDA, IN THE OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDIN MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDE SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT ''Lrr; THENCE ALONG SOUTHERLY PROLONGATION OF THE WEST LINE OF SAID LOT "L" IS 0°40'58" WEST 660.00 FEET TO A LINE WHICH IS PARALLEL WITH AND 66 FEET SOUTHERLY AT RIGHT ANGLES FROM THE SOUTHERLY LINE OF SAID "L"; THENCE ALONG SAID PARALLEL LINE NORTH 87O10' EAST 89.92 FEE THE MOST WESTERLY CORNER OF LAND DESCRIBED IN DEED TO GEORGE W. TA ET UX, RECORDED SEPTEMBER 10, 1957 AS FILE NO. 136954 OF OFF1 RECORDS; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF SAID LAND, N 73O10' EAST 1925.00 FEET TO AN ANGLE POINT AND NORTHEASTERLY STRAIGHT LINE TO A POINT IN THE EAST LINE OF SAID LOT 'IL", DIS NORTH 0°45 ' WEST 575.00 FEET FROM THE SOUTHEAST CORNER THEREOF; TH NORTH 0 O45' WEST ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF LOT I'L"; THENCE WESTERLY ALONG SAID NORTHERLY LINE OF SAID LOT "L AN INTERSECTION WITH THE EASTERLY BOUNDARY OF THE LAND DESCRIBE: PARCEL 1 IN DEED TO OCEANSIDE MUTUAL WATER COMPANY, RECORDED JULY 1930 IN BOOK 1796, PAGE 142 OF DEEDS; THENCE ALONG SAID BOUND. SOUTH 15O35' 40" WEST TO AN ANGLE POINT; THENCE CONTINUING ALONG BOUNDARY OF SAID PARCEL 1 AS FOLLOWS: SOUTH 58O05'40" WEST 123.70 FEET; SOUTH 20°30'40" WEST 90.20 F: SOUTH 47O33'30" WEST 346.14 FEET AND NORTH 58°19'20" WEST TC INTERSECTION WITH THE WEST LINE OF SAID LOT llLrl; THENCE SOUTH; ALONG SAID WEST LINE TO THE POINT OF BEGINNING. 0 0 ADDENDUM TO GRANT DEED (EXHIBIT “B”] BY THE DELIVERY AND ACCEPTANCE OF THIS GRANT DEED, Grantor and Grantc agree as follows: I. Grantor reserves the right to grant andlor dedicate a sewer easement, to public agency, over land described in Exhibit “C” and depicted in Exhibit “D” hereto, bo1 of which are incorporated herein. Grantee and its successors in interest agree to sign ar documsnt necessary to effectuate such transfer. 2. Grantee represents, as the local agency with jurisdiction over this re; property, that (a) it requested that Grantor acquire the real property being granted, (b) requested that Grantor grant this real properly to Grantee, and (c) pursuant to Governmer Code §66428(a)(2) and City of Carlsbad Municipal Code §20.24.010(3), this grant does n< require a tentative, final, or parcel map pursuant to, and will not violate, the Subdivision Ma Act. 3. Grantor is the developer of a residential community within Grantee common1 known as Calavera Hills (the “Community”). The Community is being developed in portion known as “Villages.” A “Mitigation Agreement” dated March 15, 1993, between Grantee an LyonKopley Carlsbad Associates, L.P., Grantor’s predecessor in interest, provided for thi conveyance and limits the use of the property being conveyed. Grantee, acting in both it sovereign capacity as a government agency and its proprietary capacity, covenants, agree and acknowledges that: The property being conveyed is intended to be used as a public conservancy for Habitat Types and Sensitive Species, as defined in thc aforesaid Mitigation Agreement, and is to be used pursuant to thc Management Plan for the Calaveras Nature Preserve, as tha Management Plan exists and may be amended. This grant satisfies the aforesaid “Mitigation Agreement.” Grantee wil not require the grant or dedication of any additional property tc mitigate the biological impacts of development of Villages Q, S or T o the Community or of the College Boulevard Expansion, as describec in the Mitigation Agreement. Of this grant, 37.9 acres (the “Excess Mitigation Acreage”) mitigate! more Coastal Sage Scrub and Chaparral than will be impacted b1 Villages Q, S, and T and the College Boulevard Expansion, as described in the Mitigation Agreement. Grantee will, to the greatesi extent within its authority, credit the Excess Mitigation Acreage toward any additional mitigation required of Villages W, X, Y, H, K, L-2, R and U in the Community pursuant to the Mitigation Agreement, Grantee will make its decision on this possible credit no later than its hearing on the last tentative subdivision map among these Villages. 111 Ill 45600-27 211 3/98 Addendum -1 - 0 a Dated: 4,/9 ,19g "Grantor" Cypress Valley LLC, a California limited liability company By: McMillin Companies, LLC a Delaware limited liability company Its: Managing member "Grantee" ATTEST: ALETHA RAUTENKRANZ, City Clerk By: a&-4,P- APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: - 0- R LPIL f/- / ?- C-b 45600-2 7 211 3/98 Addendum -2- e 0 STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 ) ss. A On Notary Public, persona appeared // , personally known to me (or proved me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare su scribed to the within instrument and acknowledged to me that helshelthey executed ti same in hislherltheir authorized capacity(ies), and that by hidherltheir signature@) on tl instrument, the person(s), or the entity upon behalf of which the person(s) acted, executc the instrument. WITNESS my hand and official seal. Nttm Public - California 3 "-2 Signatu re a Z f . ""., San Diego County LIV Comm. Emires SeD 4,1999 I I -/WAY/ 1 1 ) ss. 1 A On Notary Public, personal appeared , personally known to me (I proved to me on the basis of satisfactory evidence) to be the person@) whose name( islare subscribed to the within instrument and acknowledged to me that helshelthey exec1 ed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature( on the instrument, the person(s), or the entity upon behalf of which the person@) acte executed the instrument. WITNESS my hand and official seal. Signature / -;.?d:.": - 1 BARBARA R. KINTER 1 2 Commission#lO7lWl 2 5 Notary public - California $ d Sari Diego Counly My Comm. Expires Sep 4.1999 1 12 4560027 211 3/98 Addendum -3- I .. 0 0 Exhibit C LEGAL DESCRIPTION APN 168-050-01 SEWER EASEMENT THAT PORTION OF LOTS "0" AND 'L' OF RANCHO AGUA HEDIONDA, IN ME CITY OF CARLSMD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNlY RECORDER OF SA10 SAN DIEGO COUNTY, NOVEMBER l8,l896, BEING MORE PARTlCUlARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 8 OF THAT LAND DESCRIBED DEED TO CYPRESS VALLEY LLC, A WFORNtA LIMITED UABlLtTy COMPANY RECORDED OECEMBER 19,1997, FILE NO. 1997-0647243 OF OFFlCfAl RECORDS; THENCE ALONG THE WEST LINE OF SAID PARCEL 6, NORTH 00'21'43' EAST, (NORTH 0°40'58. EAST PER DEED). 459.84 FEET, THENCE LEAVING SAID WEST UNE, SOUTH 10'4329' EAST, 468.64 FEET TO THE MOST WESTERLY CORNER OF LAND DESCRIBE1 IN OEEO TO GEORGE W. TARRY, ET UX, RECORDED SEPTEMBER 10,195f1 FILE NO. 1369s OF OFFICIAL RECORDS; THENCE ALONO THE SOUTHERLY LINE OF SAID : PARCEL 6, NORTH 89'3620' WEST, 90.1 2 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF UND CONTAINS 0.476 ACRE MORE OR LESS. JOHN W. HILL, JR. LS. 5663 HUNSAKER tk ASSOCIATES SAN DIEGO, INC. PAGE I OF 1 ,:nA\w-\1941 "mmMal.dat Wole4144 2M96 L .I. L - I d IOT 3" I QQ QW 3& 1 I- 1 PO~TJQJY LOT %" """ --"""" I 2ANC/-..O A W'A HZDJONDA MAP JVQ, 523 ~6tF~~~~N~ dFtmcmLi?Em E- t2/19/193Z fU M. 1997-0647213 APN 168"ol Aprv m"@ "----------- QRxjcK RE- 2 CF 9 M"?. NO4 j4323 9 OF 5 MAP NOA 6818 Am 168-ClfjQ-29 MzmNc 60' maE. cIIsEil#wT -0" =SAKER ASSOCIATES I.# slrtq Ire - -mama - "Crnn - -*m4muYa SCALE 1' = 200' ~t\606)610" -1 S"EiWPUf-UtYff~ PPLICANT: 168-0504 SEW? MTlQYK CIn, eA 9- A.P.N.: PROJECT PREPARED Bu; YdllUIN CQQMllES 2727 m AVE. (619) 793-m Jom~.mLLJRusie WmM W#ce gmm Exhibit_