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HomeMy WebLinkAboutAP 76-01A; Car Country Expansion; Agricultural Preserves (AP) (6)Recprding Requested By and Ret^» To: .City Clerk, City of Carlsbad^ '£l"2 -A.1200 Carlsbad Village Dr. Carlsbad, CA 92008 FIRST AMENDMENT TO LAND CONSERVATION CONTRACT Agricultural Preserve No. 76-1 By this first amendment dated December 15 -t 1937, Carltas Company, a California Limited Partnership, successor in interest as owner to Carltas Corporation, (hereinafter referred to as "Owner") and the City of Carlsbad, a political subdivision of the State of California, (hereinafter referred to as "City"), the Land Conservation Contract dated February 10, 1976, by and between Carltas Corporation and the City of Carlsbad (the "Contract") is hereby amended pursuant to the provisions of Section 51257 of the Government Code of the State of California in light of the following facts and circumstances: A. Pursuant to the provisions of Section 51257 of the Government Code of the State of California, subdivision (c), the Owner has petitioned the City to permit a boundary adjustment to add properties to Agricultural Preserve No. 76-1 and to delete other properties of identical acreage from said preserve. B. The City and California Coastal Commission have made all determinations required under Section 51257 that such boundary adjustment should be made and that the amendment stated herein is appropriate, and is consistent with the intent of Section 51257 in the development of a Local Coastal Program with provision for long term preservation of agricultural lands. •C. Owner and City desire to further amend the contract to specify certain conditional uses permitted under the Williamson Act. THEREFORE, it is agreed between Owner and City as follows: Section 1. ADJUSTMENT TO CONTRACT BOUNDARY. Effective on the date of this amendment, the land depicted on the attached Exhibit "Dl", dated, November 4, 1987, as "New Contract Land" shall hereinafter be subject to the Contract and the land designated as "Carlsbad Car Country Phase II" shall be deleted and no longer subject to the Contract. There shall be no net loss of land under Land Conservation Contract Agricultural Preserve No. 76-1 due to this boundary amendment. Section 2. TERM. For purposes of the determination of the term of this agreement with respect to the New Contract Land, hereinmade subject to the Contract and previously not subject to the Contract, the term shall be for 15 years from the effective date of this amendment and Owner hereby waives the right to cancel this agreement as to such property for a period of five years commencing on the effective date of this amended contract. 210 Section 3. SPECIFIC USES. The list of uses delineated in subpart of B of Exhibit "B" to the Contract are hereby amended to add the following: (11) (12) (13) Botanical Gardens, arboretums, and other related and supporting facilities for the display, and education about, agricultural and floral products produced within Carlsbad and surrounding region; Farmer's markets or similar facilities for the exclusive sale of agricultural and floral products produced within Carlsbad and surrounding region; A floral auction and related facilities which provide financial support of flower growers within Carlsbad and the surrounding region. Section 4. CHANGE IN NOTICE. Pursuant to the provisions of Section 16 of the Contract, notice to Owner shall be addressed as follows: Carltas Company, a California limited partnership 4401 Manchester Avenue, Suite 206 Encinitas, California 92024 Section 5. RATIFICATION AND AFFIRMATION OF CONTRACT. Except as hereinabove set forth, the land conservation contract dated February 10, 1976, is hereby ratified and confirmed. Executed on the date first written above. Section 6. RECORDATION. The Owner shall record this amendment as per Section 51283.4 of the California Government Code. Section 7. AMENDMENT PROCEDURES. Amendment of this amendment of Land Conservation Contract Agricultural Preserve No. 76-1 shall not occu^ until all conditions and 5»ntingencies specified in the agreements have been satisfied. Carytas/Company, a California Partnership icipal Corporation "CITY" [Notarial Acknowledgements] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of.San Diego 1 ,2104 nn 4-20-93 before me Joyce E. Mizock. Notary Public, ^^ _ . __ w I I Iwf », . » *r- -rm r- r\r- nr-r-is*r-n I- r\ •> I AMC rV\C MCVTADV Dl 1DI !/•*»DATE Paul NAME, TITLE OF OFFICER - E.G., Ecke. Jr •JANE DOE, NOTARY PUBLIC" personally appeared NAME(S) OF SIGNER(S) Q personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(^) whose name(s^ is/afre subscribed to the within instrument and ac- knowledged to me that he/ghe/((r/e^ executed the same in his/MMHe/ir authorized capacity(i&s/, and that by his/rWrM/e/r signature(s$ on the instrument the person^s), or the entity upon behalf of which the person(^) acted, executed the instrument. JOYCE F. MIZOCK COMM.ISS8724 NotoyPufcte—Canon* SAN DtEOO COUNTY I WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL SECTION No. 5193 OPTIONAL SECTION "^ CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Q INDIVIDUAL [] CORPORATE OFFICER(S) TITLE(S) 0 PARTNER(S) Q] LIMITED [3 GENERAL Q ATTORNEY-IN-FACT Q TRUSTEE(S) Q GUARDIAN/CONSERVATOR Q OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Carltas Company, a California limited partnership THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. TITLE OR TYPE OF DOCUMENT, NUMBER OF PAGES First Amendment to Land Conservat: Contract DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE.Claude Lewis. Mayor ©1992 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 ALL-PURPOSE ACKNOWLEDGMENT 3SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS5 NO 209 State of California County of San Diego On April 29, 1993 before me, DATE Karen R. Kundtz, Notary Public NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared Claude A. Lewis NAME(S) OF SIGNER(S) personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person (s) whose name(&) is/afe subscribed to the within instrument and ac- knowledged to me that he/she/t&ey executed the same in his/&efV4ke4f authorized capacity4fes>, and that by his/bef/4fcetf signature(s) on the instrument the person(s), or the entity upon behalf of which the personfs) acted, executed the instrument. Witness my hand and official seal. Off ICIAL 8IALKAREN R. KUNDTZ NOTARY PUBLIC-CAUfORNIA PRINCIPAL OFFICE IN SAN OIEGO COUNTY My. Comm.Jxfi Sept 27,1993 SIGNATURE OF NOTARY CAPACITY CLAIMED BY SIGNER D INDIVIDUAL(S) B CORPORATE Mayor _ OFFICER(S) _ TITLE(S) D PARTNER(S) D ATTORNEY-IN-FACT D TRUSTEE(S) D SUBSCRIBING WITNESS D GUARDIAN/CONSERVATOR D OTHER: _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) City of Carlsbad. A Municipal Corporation ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document First Amendment to Land Conservation Contract TO THE DOCUMENT Number of Pages 4 Date of Document December 15, 1987 DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Paul Ecke, Jr. — © 1991 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O. Box 7184 • Canoga Park, CA 91304-7184 ,2105i EXHIBIT D 11/4/87 ACUAHEOONDA LAGOON \ -.LTASC211-021-21175.It Ac . , , CARITAS CO. »> JII-OJM5 CARLTAS CO., CARLTAS CO, \ 211-021-14,W Mil At. ^v^^-^l tMI^^-^^-... W !.l , | ^S Proposed Agricultural Preserve 76-1 Boundary Amend. Original 1976 Agricultural Preserve Contract Boundary, BOUNDARY AMENDMENT TAdded to the Preserve (New Contract Land) Removed from the Preserve N i