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Home My WebLink About; Continental Residential Inc; 2003-0153035; Easement Agreement.. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC # 2003-0153035 FEB 10- 2003 4~45 PM rnICIAL Mm !3N DIE@ CWNpl RECWER'S OFFICE GREGQRY J. SHITH, COUNTY EEIRDER FEES: 35.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE RESCISSION OF THE AGREEMENT TO NEGOTIATE ACCESS EASEMENTS This RESCISSION OF THE AGREEMENT TO NEGOTIATE ACCESS EASEMENTS ("Rescission") is entered into, effective January 15 , 2003, by and between CONTINENTAL RESIDENTIAL, INC., (CReI), a California corporation, formerly known as CONTINENTAL RANCH, INC., (CRI), and the CITY OF CARLSBAD, a California municipal corporation ("City"), with reference to the following: RECITALS A. CReI and the City entered into an AGREEMENT TO NEGOTIATE ACCESS EASEMENTS, (Agreement) Record Number 1998-03521 87, recorded June 10, 1998, a copy of which is attached and incorporated herein by this reference. B. Condition of Approval Number 61 of Carlsbad Tract, CT 97-01 required CReI, as a condition of approval of a final map for CT 97-01, to enter into a recorded agreement with the City pursuant to which CReI would negotiate in good faith, subject to certain terms, with a neighboring property owner regarding access easements. 1 C. The Agreement is no longer needed because the neighboring property has been designated as permanent open space which does not require access. D. Article 1I.B. of the Agreement allows for rescission of the Agreement to be in writing and signed by all Parties. NOW, THEREFORE THE PARTIES AGREE: 1. The above recitals are true and correct. 2. The AGREEMENT TO NEGOTIATE ACCESS EASEMENTS is hereby rescinded effective as of the date written above. IN WITNESS WHEREOF, the undersigned have executed this rescission on the date first above written. CONTINENTAL RESIDENTIAL, INC. a California corporation By: &”& R* David A. Lother % ATTEST: City Clerk APPROVED AS TO FORM: RONALD R. BALL, City Attorney Bm eputy City Attorney 2 IS State of California 1 County of San Diego ) ) ss. On December 4, 2002 before me, Toni Carter, Notary Public, personally appeared David A. Lother, of Continental Residential, Inc., personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS mv hand and official seal. T%i Carter, Notary Public * This AGREEMENT TO NEGOTIATE ACCESS EASEMENTS ("Agreement') is entered into effective-% , 1998, by and between CONTINENTAL' RANCH, INC., a California corporation doing business as Continental Homes ("CRf") and the CITY OF CARLSBAD, a California municipal corporation (the 'City"), with reference to the following: A. CRI owns and is developing a residential project in the City called 'Rancho Carrillo." E. The City approved a tentative subdivision map, identified as "CT 97-01,' for Villase '11" of Rancho Carrillo. A legal description of the subject real property ("Village 8," or the 'Property") is attached hereto as Exhibit 'A." C. Condition 61 of CT 97-01 requires the developer, as a condition of approval of a final map for CT 97-01, to enter into a recorded agreement with the City pursuant to which the developer . would negotiate in good faith, subject to certain terms, with a neighboring property owner regarding access. D. This Agreement is intended to satisfy Condition 61 of CT 97-01. THE PARTIES AGREE: I. A. . The above recitals . (the 'Recitals") are true and correct. The Recitals and all exhibits attached hereto are incorporated into this Agreement. B. -. As used in this Agreement, *Developer" shall mean the entity owning the Property. C. Developer shall negotiate in good faith with the owner of adjoining property commonly called Bressi Ranch, offering to enter into an access and cost aharing /// -1- agreement with the not more than ten Owner of Breasi Ranch whereby (a) the ownera of ~~~ ~ ~ (10) homes developed on that -particular portion of Bressi Ranch (the 'Knoll") depicted on Exhibit *B" attached hereto would have the recorded right to ingress and egress along H-A, H-B, and H-E Streets and across proposed Lot No. 7 of the Property; (b) the width of the easement across Lot No. 7 of the Property would be a minimum of forty-six feet; (c) the parties would grant reciprocal access easement6 along proposed H-A, H-B, and H-E Streets and across proposed Lot No. 7 of the Property to be recorded concurrently with the approval of a final map on the lrKnoll"; (d) maintenance for all these streets within the Property would be the responsibility of the Rancho Carrillo Master Association; (e) the owners of homes in Bressi Ranch who take access over these streets would be obligated to share in the pro rata costs of maintenance of the streets pursuant to Civil Code Section 845; and (f) the Ma8ter Declaration of Restrictions for Rancho Carrillo would include the following disclosure: *It is intended khat a portion (referred to as '.The Knoll') of the adjoining property (currently known as Bressi Ranch) will be provided ingress and egress through Village H of Rancho Carrillo." 0. -. This Agreement shall be valid for a period of five (5) years or until the easements described in paragraph I.C., . above, are granted, whichever comes first. If no access and cost sharing agreement has been entered into within five (5) years despite Developer's good faith negotiation, Lot No. 7 of Village H may be developed. E. on of Good FU N-. The City' s Director of Public Works (or the official with the most similar , duties, should the City terminate the use of that title) shall determine in his reasonable discretion, upon Developer's application, whether the obligations of this Agreement have been satisfied, including whether Developer has negotiated in good faith with the owner of Bressi Ranch, If the City's Public Works Director so determines at any time, the City's Public Works Director shall record a release of this Agreement allowing Lot No. 7 of Village H to be developed. The requirement of "good faith negotiations" ,does not contemplate Developer giving property . without just compensation. F. of Condition 61. The signing and recordation of this Agreement satisfies condition 61 of CT 97-01. A. The undersigned, and each of them, acknowledge and represent that no promise or inducement not expreased herein has been made in connection with this Agreement. This Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. -2- *. . E. "t. No provision of this Agreement, or breach of any provision, can be waived except in writing. Waiver of any provision or breach shall not be deemed to be a waiver of any other provision, or of any subsequent breach of the same or other provision. This Agreement may be amended, modified or rescinded only in writing signed by all parties to this Agreement. f C. -. This Agreement shall be recorded in the Official Records of the County of San Diego. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors in interest with respect to the Property. This Agreement is not intended to benefit any third person other than the parties hereto and their respective successora in interest. IN WITNESS -OB, the undersigned have executed thie Agreement on the date first above written. CONTINENTAL RANCH, INC . By : ATTEST : ALETHA RAVTENKRANZ , CITY CLERK A By : APPROVED AS TO FORM: CITY ATTORNEY -3- .. . .’ .I State of California County of San Diego On Ami1 16, 1998 before me, Nanw A. Nemec. Notary Public, personally appeared David A. Lother , personally known to me to the person whose name is subscribed to the within instrument and &nowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNlESS my hand and official seal. . '. EXHIBIT "A" Page 1 of 1 .. .. .. .. ,' .. I '. .^ ,. .. .. ,. , .. ... ... .. i .... ... *. .. .. .. .. '. .. .. .. .... ... '. . .. .. , ;. . ........ . ' ! .. .... .. .... .- . ,. .. -. .. ... ... ._ .. .. .. .. .. *. .. .. I. ... .. .. ,. . ' : .I .. ... .._ . . EXHIBIT "B" Page 1 of 2 THE "KNOLL1' BOUNDARY Being a portion of Parcel One of Parcel Map No. 1763 in the City of Carlsbad, County of San Diego, State of Califomfa according to the map thereof on file in the Office of the County Recorder of said County, being more particularty described as follows: Beginning at the most Southeasterly comer of said Parcel One; thence along the Easterly line of said Parcel One North 02'38'00" (North 02'38'58'' West record) West 2052.51 feet to the TRUE POINT OF BEGINNING; thence leaving said Easterly line South 87"22'00" West 250.00 feet; thence North 02'38'00" West 200.00 feet; thence North 60"48'06" East 167.71 feet; thence North 02'38'00" West 240.00 feet; thence South 87"22'00" West 450.00 feet; thence North 02"38'00" West 330.00 feet; thence North 42'22'00" East 353.55 feet; thence North 87"22'00'' East 300.00 feet to the Easterly !he of said Parcel One; thence along said Easterly line South 02'38'00" (South 02'38'58 East record) East 1095.00 feet to the TRUE POINT OF BEGINNING. PARCEL 1 PARCEL MAP NO 1763 PA[ 77 EXHIBIT "6" Page 2 of 2 (THE KNOLL) P.O.B. C .. SCALE: 7 1'=200' a I JN 12987