HomeMy WebLinkAboutCT 81-10A; Carlsbad Research Center; 85-246091; Public Facilities Fee Agreement/Release599
RECORDIHC REQUESTED BY ABO )
WCER RECORDED MAIL TO: )
CITT OF CARLSBAD )
1200 El* Avenue )
Carlabad, California 92000 )
85-246091
I (.«"r.X"h':"j-'pr. IIP •.*kt"i!i'..sir.t/. I
G8SJUL 10 AKIhliS
Space above thia l^ntf-ufdt1 VtelWdtorra uae
Documentary trintfer tax: S Ro fee
Signature of declarant d«e«rainin(
tax-fir* a«Bi
City at C«rl«b*d
Parcel Ho.
AGREEMENT IETWKEI DEVELOPS!-OWIE*
AHD THE CITY 07 CARLSBAD FOK THE
PAYMENT OF A F01LIC FACILITIES FEE
THIS ACREEHEHT ia entered into thia m day of HIT
by and between CULSXUI RESttltCH CCTTOt
.. 1».
(nia)« of dcvtlopflr-ovner)
Mrtmnhlp(corporation, •areaenhip, «tc.)
tfhaa* addrea* ia c/o Tfc KoU
, h«raiaafter rtfcrred to at
. 713D toK. Sin M«». a
(•tract)
and THE CITY OF
(City, atate, cip code)
CARLSIAD, • •uiicipxl corporation of the State of California,
hereinafter referred Co ea "City", vhoie addreta it 1200 ela Avaaee,
Carlibad, California, $200d.
WITHE SSETH:
WHEREAS, Developer ia the owner of the real property described
on Exhibit "A:, attached hirato and aiade a part of thia agreement,
hereinafter referred to aa "Property"; and
WHEREAS, The Property liea within the boundaries of City; and
WHEREAS, Developer propoaea a devalopaant project aa folLowt:
A planned research oark on 364t acres
RE? 4-2-82 cr
NO FEE
x - • .si
-• . . M-" 600
on said Property, which development earriee the proposed name of
and i» hereafter referred co •• "Development"; and
BUMS AS, Developer filed on the &*• day of
, with cha City a request for a tentative tract map
hereinafter raftrrad to aa "Request"; and
WHEREAS, the Public Pacilitiaa Element of tht City Cenerel Plan
requires that the City Council find thaC all public faeilitiea
n«eaatary to aarve a development will be available concurrent vith
deed or each development ehell not be approved (aaid element ia on
file with the City Clerk and ia incorporated by thia reference); and
WHEREAS, Developer and City recogaite the correctness of Coencil
Policy Ho. 17, dated April 2, 1982, in file with the City Clerk and
incorporated by thia reference, and that the City1* public facilities
and services are at capacity and will not be available to accommodate
the additional need for public facilities and servicea resulting from
the proposed Development; end
WHEREAS, Developer has aaked the City to find that public
facilities aad services will be available to meet the future neede of
the Development aa it ie presently proposed; but the Developer is
aware that-the City cannot end will not be able te make say each
finding without financial aasistanee to pey for seen services end
facilities; and therefore, Developer proposes to kelp satisfy the
General Plan as implemented by Council Policy Ho. 17 by paymeat of a
public facilities fee.
-2-
RE» 4-2-82
1 Kf
•-••"- (JO I
NOW, TRE1EPOKE, in consideration of Che recitals an* Che
covenants contained herein, the parties) agree •• follows:
1. The Bevtloper shall pay to the City a public facilities fee
In en ••ount not to exceed 27. of the building permit valuation of the
building or structures to be constructed* la the Development pvrsusat
to the Bequest. The fee shell be peid prior Co the Issuance of
building or other construction permits for tbe development ami «hsll
be baaed on the valuation et that time. ThU fee shell be in
eddition to eey fees, dedications or improvement* required pursuant
to Title* 18, 20 or 21 of the Cerlsbed Municipal Code. Developer
•hell pay a fee for conversion o f existing building or structures
into condominiums in en amount not to exceed 2Z of Che beildiag
permit valuation at the time of conversion. The fee for a
condominium conversion shall be paid prior to Chs issuance of e
condominium conversion permit as provided in Chapter 21.47 of Che
Carlabad Municipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction
permits", "other construction permit" and "entitlement for use" as
used in this agreement, except in reference co mobilehome sites or
projects, shall not refer to grading psrnit* or other permic* for Che
conftruction of underground or sCreet improvements unless no other
permit is neceesery prior to Che uee or occupancy for which the
development ie Intended. Developer shall pey Co City e public
facilities fee in the sum of $1,150 for each wosilehome space to be
constructed pnrjuent Co the Request. The fee shsll be paid prior Co
Che issuance of building or other eonatruction permits for the
development. This fee shall be in addition to any fees, dedication*
or improvemeeta required according to Titles 18, 20 or 21 of the
Cerlsbed Municipal Code.
-3-
IEV 4-2-J-2
.L
,,, 602
2. Tba Developer may offer to donate a aite or aitta for public
facilitiea in lien of all or part of the financial obligation agreed
upon in Paragraph 1 above. If Developer offera to donati a lite o.-
aitea for public faciliciaa, the City ehali conelder, but ia noc
obligated to accept Che offer. The time for donation and aajouat of
credit igainat the fee aball be determined by City prior to the
iaauance of any building or other peraite. Such determination, when
made, eliall becoee a part of thie agreement. Sitea donated under
thia paragraph ahall aot include Lmprovemeate required pureeant to
Titlee 18 or 20 of tha Carlebad Municipal Code.
3. Thia agreement and the fee paid pvrauant hereto era required
to enaure the coaeiatency of the Development vith the City'i General
flan. If the fee ie not paid a'» provided herein, the City will not
have the funda to provide public facilitiee and aervicee, and the
development vill not be coneiatent vith the Cenerel Plan and any
approval or permit for the Development ehali be void. No bailding or
other conitruction permit or entitlement for uae ehali be iiaaed
until the public fecilitiea fee required by thia agreement ia paid.
*. City agreea to depoait the feea paid pureuant to thia
agreement in a public facilitiee fund for the financing of public
ficilitiea when the City Council determinea the need exieta to
provide the facilitiea and auCfieient funda from tha payment of thie
end aimiltr public facilitiea feea are available.
5. City agreea to provide upon reqneat reaaonable neeurancea to
enable Developer to comply with any raquiramenta of other public
attendee ae evidence of adequate public (acilitiee and aervicea
euffirient to accommodate the needa of the Development herein
daacribad.
-*-
RBV 4-2-S2
: ..,- 603
6. All obligation! hereunder thall tereuatte in thi event the
Requesti nude by Developer are not approved.
7. Anjr notice from one party to the other aha 11 be in writing,
• n£ shell h» dated and signed by the party giving euch notice or by •
duly authoriied representative of each party, tny such notice shell
not be effective for any purpose whatsoever units* served it one of
the following Manner*:
7.1 If notice is given to the City of personal delivery
thereof to the City or by depoiiting same in the United State* Neil,
addressed to the City at the addreas «et forth herein, enclosed in e
aealjd envelope, addresied to the City for attention of the City
Manager, postage prepaid aad certified.
7.2 If notice it given to Developer by personal delivery
thereof to Developer or by depositing the save in the United States
Hail, encloted in a tealed envelope, addressed to Developer et the
address as may htve been designated, poatage prepaid and certified.
8. This agreeBtnt ihell be binding upon sad shall inure to the
benefit of, and thall apply to, the respective lurcessort sod asaignt
of Developer and the City, and reference* to Developer or City herein
shall be deeaed to be reference to and include their respective
successors snd assitna without specific mention of such successors
aad assigns. If Developer tbomld cease to have any interett in the
Property, all obligations of Developer h«reund«r shall terminate;
provided, however, that any successor of Developer's interest in the
property shall have first atiusied in writing the Developer's
obligation* hereunder.
9. This agreement shall be recorded but (hall not cvtate a lien
or tecurity interest in the Property. When the obligation* of this
agreement have been satisfied, City shall record a release.
-5-
REV 4-2-82
M
604
IB WITVKSS WHEREOP, thii agt«aa«nt is ax«cut«4 ia San Diego
Coulty, California •• of th« dae* firtt writttn abort.
DEVgLOfSE-OtfHIH: CITY OF CARLSBAD, a ••rtieipal
CABMM KSEUCH CEKTER. » Mtfontt fitmril MrtMnhif orpor«tion of the
IY: TIC ULL COWMT, HmglH NrtMr St«C« of C«liforni«
IT
City
CTitl«)
ATTEST:
ALBTHA
APPROVED AS TO PORK:
\
Crty Clerk
VIKCEKT'P. 8IOHOO, -.
City Attorney
(Notarial acknowledgment of execution by DCVELOPEK-OWNgR autc be
attacked.)
111
-o-
• »B» 4-2-82
if-
« J
605
STATE OF CALIFORNIA)
COURT OF SAN DIEGO>BS.
On thia gih day of
the undefiilgtmd
Mav in the year 19 K, baton me
a notary public in and for said County
and State, personally appeared HHdiad J. Duncan , personally
known to *e to be Vice President of The toll Company, a California
Corporation, the Corporation that executed the within instrument, and
known to •* to be the parson who executed the within instrument on
behalf of said Corporation, said Corporation being known to •* to be
Managing Partner of Roll Carlsbad Associates, a California General
Partnership, the Partnership that executed the within Instrument,
and acknowledged to BS that said Partnership executed the saw as
General Partner of Carlsbad Research Center and that Carlsbad Research
Center executed the
In witness whereof, I have hereunto set ey hand and affixed sy notarial
seal, the day and year in this certificate first above written.
L1C IN AND
COUNTY AND STATE
SAD)
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
On this l4 "day of I in the year IJfog", before mo
a aotaryptMic in and for said Countyypt
tand Stat*. personally appeared j.. £ . f t 0 p _ » personally
' known to ae to be Vice President of The Jtoll'Cospany, a, California
/ Corporation, the Corporation that executed the within instruawnt, asd
' known to aa to be the person who executed the within instrument on
behalf of said Corporation, said Corporation being known to •• to be
Managing Partner of Koll Carlsbad Associates, a California General
Partnership, the Partnership that: executed the within instrunent,
and acknowledged to M that said Partnership executed the saw as
General Partner of Carlsbad Research Center and that Carlsbad Research
Center executed the
In witness whereof, I have hereunto set «y han>l and affixed sqr notarial
seal, the day and year IB this certificate first above written.
NOTARY PUBLIC IN MID FOR SAID
COOhTY AND STATE
.L
•-. 606
EXHIBIT "A"
LEGAL DESCRIPTION
The land referred to h«reli li situated In tbo State of California, County of
San Diego, and la described aa follows
Thoee pertlona of Lot* ~t~ and "C" of RAKRO ACUA REDIONDA, partly In the City
of Carlabad, all in the Coonty of San Diego, State of California, according to
the Partition Map thereof Mo. 823, filed in the Office of the Recorder of aald
San Diego County, Xoveeber 16, 1896, described aa follow*:
CoMeaclng at Point One of Mid Lot "F" aa ahoim oa aaid Hip; thence Sooth
25"33'56- Eaat (Record Sooth 25*03'*0" East) 229.00 feet to a point, which point
ia Point 23 of aaid tot "F" and alao the aoat northerly point of land* conveyed
to Elmer Carpenter by Deed recorded June 1. 1937 in Book 662, page 75 of
Official Recorda; thence along the boundary of aald Lot T" South 34**0'19~ Eaat
(Record Sooth 54*08' Eaat) 1347.00 feet; thence leaving the boundary of aald lot
"F- South 35*19'44" Heat (Record Sooch 3S*49'52" Heat) 41.28 feet to the TRIE
POINT OF BEGINNING; thence continuing South 35*19'44" Heat, 2216.46 feet; thence
North 53*02'49" Heat (Record North SZ'32'21" Vest) 1214.69 feet; thence South
89*28'49" Veat, 1548.97 feet to a point on the line between Point 4 and Point 5
of aald Lot "F"; thence along aald line South 00*19'If Eaat, 547.88 feet to
•aid Point 5; thence South 10*56*37" Eaet, 2155.40 feet to Point 14 of aeld Lot
"F*; thence South 51*00'00* East, 1042.27 feet to • point that liea on the
Southwesterly boundary of aald Lot "F" and *>elng a Point of Intersection with
the most Easterly corner of land conveyed to S. L. Kelly by Deed recorded
February 3, 1961 aa File Ho. 20293 of Official Recorda; thence along the
Southwesterly boendery of aald Lot "F" Sooth 51*00* Eaat, 818.47 feet (Record
818.19 feet) to the »o*t Heaterly corner of lend conreyed to Jaeea L. Hleatt et
ux br Deed recorded June 11, 1913 In Book 617, page 54 of Deeda; tbeoce along
the Northwesterly end Northeaaterly boundary of said Hieatt'a Land aa follows:
North 25*00* Eaat, 594.00 feet and South 51*00' Eaat, 1348.61 feet to an
Intersection with the Northerly line of Palosuur County Airport so described IB
QuiteUl« Deed to five Coonty of San Diego, recorded January 12, 1977 aa File No.
77-012820 of Official Recorda; thence along aald Northerly line North 79*10*00"
Best, 4052.22 feet to the Southwesterly comer of land conveyed to Fee-mixed
Concrete Coapany, a corporation by deed recorded January 26, 1960 aa File Ho.
11W of official Recorda; ttiaace alo4& lha boundary of aaid land as follows:
Worth 10*50*00" Heat (Record Horth 10*19*21- Heat) 500.00 feet, North 79*10'00"
East (Record North 79*40*39* East) 2S2.00 feet and South 10*50*00- East (Record
South 10*19*21- Eaat) 500.0 feet to the Northerly boundary of aald raloajer
Airport; thence North 79*10*00" Eaat along aald Northerly line to the Heaterly
line of land conveyed to the County of San Diego by Deed recorded Kay 28, 1970
aa File Ho. 93075 of Official Records; thence along the Heaterly line of aald
land, Horth 38*42*44" Heat (Record North 38*11 '55' Heat) 2510.58 feet to the
beginning of a tangent curve concave Hortheaaterly and havlag a radlu* of
1645.00 feet; tbeaee Nortaveaterly along the arc of said curve through a central
angle of 14*25*52" a distance of 464.70 feet to a point on the Southerly
boundary of land allotted to Thalia Kelly Conaidlne et al by Partial Final
Judgeaeot in partition recorded Jaauary 18, 1963 as Pile No. 11643 of Official
Records; thence along the boundary of aald land South 67*50*28" Heat (Record
.L,
607
South 68*00' Ueit) 1392.N feet; theoce North 33*08'52" Heit, 915.12 feet
(Record North 27*50' Wnt 827.10 feet); t ha nee North 00*30'53' Wait (Record
North 00*32' Met) 1290.37 feet to the Southerly line of Mid lend conveyed to
Che County of San Diego; thence aloag eald Southerly line of said land conveyed
to the County of San Diego; North 7«*57'25- West, 427.67 feet to the beginning
of a tangent curve, concave Northerly and having a radlua of 2045.00 feet;
thence Veeterly along the arc of aald curve through a central angle of 16*59'2*"
of a distance of 606.41 feet to the TRUE KURT OP IECINHING.
Excepting therefre* all that portion lying within the boundary of CARLSBAD TIACT
MO. 81-10 UNIT HO. 1, according to Nip thereof Bo. 10330, filed In the Office cf
the County Recorder of San Diego County, February 18, 1982.
Also excepting therefroB all that portion lying within the boundary of Carlabad
Tract Ho. 81-10 Unit Mo. 2A, according to Hap thereof No. 11134, filed in tbe
Office of the Comity tecorder of San Diego County, January 31, 1985.
••/bp
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