HomeMy WebLinkAboutCT 85-09; California Pacific Homes Inc; 1993-0233018; Public Facilities Fee Agreement/Releasec
/ RECORDING REQUESTED PY AND 1
WHEN RECORDED MAIL TO: 1 -! 32 15-APE--1793 03=SP Pfl
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-l 989
OFFICIAL liEC&‘DS SAW PIEGO CPUHTY RECORDER’S OFFiCE fiNH[TTE E!JAHS y Cri#Tj’ RECURPER RF: 11.00 FEES: 23. g(j
AF: 17.00
Space above this line for Recorder’s use
Parcel No. 255-031-l 8
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNlTY FACILITIES DISTRICT NO. 1
THIS AGREEMENT is entered into this A pr ; (.- 9 * day of ,19xf
by and between California Pacific Homes, Inc. a California Corporation, hereinafter referred
to as “Developer” whose address is 9191 Towne Center Drive, Suite L-l 01, San Diego, CA
92122 and the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as “City”, whose ‘address is 1200 Carlsbad Village Drive, Carlsbad,
California, 92008-l 989.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described on Exhibit “A”,
attached hereto and made a part of this agreement, hereinafter referred to as “Property”; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer proposed a development project as follows: 104 lot/l02 unit
single family home subdivision on said Property, which development carries the proposed
name of Vista Santa Fe, Area B and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the 4 day of December, 1992, with the City a request
for a tentative map extension hereinafter referred to as “Request”; and
WHEREAS, the Public Facilities Element of the City General Plan requires that the City
Council find that all public facilities necessary to serve a development will be available
concurrent with need or such development shall not be approved (said element is on file with
Form Approved
& City Council July 2. la91
ROM X91-1WKJH 1 Cf d3-v
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the City Clerk and is incorporated by this reference); and
WHEREAS, Developer and City recognize the correctness of Council Policy No. 17,
dated July 2, 1991, on file with the City Clerk and incorporated by this reference, and that
the City’s public facilities and services are at capacity and will not be available to
accommodate the additional need for public facilities and services resulting from the proposed
Development; and
WHEREAS, Developer has asked the City to find that public facilities and services will
be available to meet the future needs of the Development as it is presently proposed; but the
Developer is aware that the City cannot and will not be able to make any such finding without
financial assistance to pay for such services and facilities; and therefore, Developer proposes
to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a
public facilities fee.
NOW, THEREFORE, in consideration of the recitals and the covenants contained herein,
the parties agree as follows:
1. The Developer shall pay to Fhe City &public facilities fee in an amount not to
exceed 1.82% of the building permit valuation of the building or structures to be constructed
in the Development pursuant to the Request. The fee shall be paid prior to the issuance of
building or other construction permits for the development and shall be based on the valuation
at that time. This fee shall be in addition to any fees, dedications or improvements required
pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for
conversion of existing building or structures into condominiums in an amount not to exceed
1.82% of the building permit valuation at the time of conversion. The fee for a condominium
conversion shall be paid prior to the issuance of a condominium conversion permit as provided
in Chapter 21.47 of the Carlsbad 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 to mobile
Form Appmwd
By city Cwnd July 2, 1991
Rno tm-104/K.ni 2
*home sites or projects, shall not refer to grading permits or other permits for the construction
of underground or street improvements unless no other permit is necessary prior to the use
or occupancy for which the development is intended. Developer shall pay the City a public
facilities fee in the sum of $598 for each mobile home space to be constructed pursuant to
the Request. The fee shall be paid prior to the issuance of building or other construction
permits for the development. This fee shall be in addition to any fees, dedications or
improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code.
2. The Developer may offer to donate a site or sites for public facilities in lieu of
all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers
to donate a site or sites for public facilities, the City shall consider, but is not obligated to
accept the offer. The time for donation and amount of credit against the fee shall be
determined by City prior to the issuance of any building or other permits. Such determination,
when made, shall become a part of this agreement. Sites donated under this paragraph shall
not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal
Code.
3. This agreement and the fee paid pursuant hereto are required to ensure the
consistency of the Development with the City’s General Plan. If the fee is not paid as
provided herein, the City will not have the funds to provide public facilities and services, and
the development will not be consistent with the General Plan and any approval or permit for
the Development shall be void. No building or other construction permit or entitlement for use
shall be issued until the public facilities fee required by this agreement is paid.
4. City. agrees to deposit the fees paid pursuant to this agreement in a public
facilities fund for the financing of public facilities when the City Council determines the need
exists to provide the facilities and sufficient funds from the payment of this and similar public
facilities fees are available.
5.
Form Llp(yovd
City agrees to provide upon request reasonable assurances to enable Developer
Bv *tv cwnd Juhl 2. 19Dl
tlno #sl-ls4/KJH 3
to comply with any requirements of other public agencies as evidence of adequate public
facilities and services sufficient to accommodate the needs of the Development herein
described.
6. All obligations hereunder shall terminate in the event the Request made by
Developer is not approved.
7. Any notice from one party to the other shall be in writing, and shall be dated
and signed by the party giving such notice or by a duly authorized representative of such
party. Any such notice shall not be effective for any purpose whatsoever unless served in one
of the following manners:
7.1 If notice is given to the City of personal delivery thereof to the City or
‘by depositing same in the United States Mail, addressed to the City at the address set forth
herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager,
postage prepaid and certified.
7.2 If notice is given to Developer by personal delivery thereof to Developer
or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed
to Developer at the address as many have been designated, postage prepaid and certified.
8. This agreement shall be binding upon and shall inure to the benefit of, and shall
apply to, the respective successors and assigns of Developer and City, and references to
Developer or City herein shall be deemed to be a reference to and include their respective
successors and assigns without specific mention of such successors and assigns. If
Developer should cease to have any interest in the Property, all obligations of Developer
hereunder shall terminate; provided, however, that any successor.to Developer’s interest in
the property shall,have first assumed in writing the Developer’s obligations hereunder.
9. This agreement shall be recorded but shall not create a lien or security interest
in the Property. When the obligations of this agreement have been satisfied, City shall record
a release.
Form Apgmmd
% C4ly Cound July 2, 1991
Reso t Bl-1WKJH
.A
I ’ personally appeared
personally known to me - OR - 0 proved to me on the basis of satisfm ovidonw to be the perwt(s) whose wne(s) is&r0 Subscribed to the within instrunwnt and ac-
knowtedged to me thai hWWUwy exocutad
the. same in his/her/their ruthorired
capacity(ies). and that by his/horltheir
signature(s) on the instrumenf the person(8). ortheentityuponbehaffofwhiithepefson(s) acted, executed me instrlJmerlt.
WiirnyhandandoMals.@.
CAPAan CWWD 8Y SIGNER $
J a COFI#W~E I
omcER(Sl ntrwl 0 P-R(sl
0 ATTOFINW-IN-FACT
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THIS CERTIFICATE $ TikorTypeofooaJment + MUST BE AlTACHEO TO THE DOCUMENT Number of Pages 08tOdoOCWWt ir OESCRISED AT RIGHT: Signer(s) Other Than Narnad Above
’ IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
Inc.,
CITY OF CARLSBAD, a municipal
corporation of the
State of California
Sherrban Harmed I/ BY
for City Maniger
I Sr. Exeaive Vice President
c (title)
(signa re I9
. Dale Gleed
(print name)
nt Secretarv
(title)
AI-TEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY eputy City Attorne
(Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.)
Form Approved
Ely City Council JUry 2.1891
fbao 191-l 84lKJH
: ,I State of California
.
personally known to me (or proved to me on the basis of satisfactory evidence; i 1: to be the person(s) whose name(s) is/are subscribed to the within instrument i 1: 1. and acknowledged to me that he/she/they executed the same in his/her/their : : ‘e 10 authorized capacity(ies), and that by his/her/their signature(s) on the instru- :
: )* ment the person(s), or the entity upon behalf of which the person(s) acted, i
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be : : ‘0 :
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1. : . . . . . . . . . . . . . . . . . . . ..*..................................................-.......*.....~.....................................
EXHIBIT A *
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE'STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 9 OF RANCH0 LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF LOT 179 OF CARLSBAD TRACT NO. 81-16 (VISTA SANTA FE, UNIT NO. 3), IN THE CITY OF CARL&BAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11129, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 27, 1985; THENCE ALONG THE BOUNDARY OF SAID MAP NO.
11129, NORTH 35O26'45" WEST, 100.00 FEET; THENCE NORTH 15O39'52" WEST, 57.61 FEET; THENCE NORTH 38O58'08" WEST, 101.00 FEET; THENCE NORTH 34O31'41" WEST, 60.00 FEET; THENCE SOUTH 55O28'19" WEST, 19.74 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 88O15'18", A DISTANCE OF 30.81 FEET; THENCE NORTH 36O16'23" WEST, 109.69 FEET TO SHE BEGINNING OF A TANGENT 170.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 3O53'14", A DISTANCE OF 11.53 FEET; THENCE NORTH 32O23'09" WEST, 15.74 FEET TO THE BEGINNING OF A TANGENT 65.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE.OF 16O15'36", A DISTANCE OF 18.45 FEET TO A POINT OF REVERSE CURVATURE WITH AN 85.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
16°15'36n, A DISTANCE OF 24.12 FEET; THENCE NoRTH 32O23'09" WEST,
24.00 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE,
CONCAVE EASTERLY; THENCE NORTHERLY .ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 84O38'40", A DISTANCE OF 29.55 FEET; THENCE LEAVING SAID CURVE ALONG THE PROLONGATION OF RADIAL LINE TO
SAID CURVE, NORTH 37O44'29" WEST, 60.00 FEET TO A POINT ON THE
NORTHERLY BOUNDARY OF PARCEL B OF CERTIFICATE OF COMPLIANCE FILED IN
THE OFFICE O? THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 21,
1984 AS FILE NO. 84-358890 OF OFFICIAL RECORDS, SAID POINT BEING IN
THE ARC OF A NON-TANGENT 520.00 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 37O44'29" EAST; THENCE ALONG THE BOUNDARY OF SAID PARCEL B, NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 2O33'03", A DISTANCE OF 23.15 FEET; THENCE NORTH 49O42'28" EAST, 370.82 FEET TO THE BEGINNING OF A TANGENT 730.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 17°21'11", A DISTANCE OF 221.09 FEET;
THENCE NORTH 67OO3'39" EAST, 144.79 FEET. TO THE BEGINNING OF A TANGENT 270.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
16O56'41", A DISTANCE OF 109.42 FEET; THENCE NORTH 5OOO6'58" EAST, 9.69 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 17O51'02", A DISTANCE OF 124.62 FEET; THENCE NORTH 67O58'00" EAST, 121.06 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90000'00", A DISTANCE OF 31.42 FEET TO THE POINT OF CUSP TO WHICH A RADIAL LINE BEARS NORTH 67O58'00' EAST; THENCE LEAVING SAID CURVE ALONG A TANGENT LINE, SOUTH 22OO2'00" EAST, 202.60 FEET; THENCE NORTH 67O58'00" EAST, 60.00 FEET; THENCE SOUTH 22°02'OO' EAST, 450.00 FEET TO THE. BEGINNING OF A TANGENT 1,030.OO FOOT RADIUS CURVE, CONCAVE
WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 12O44'30", A DISTANCE OF 229.06 FEET; THENCE SOUTH 09O17'30" EAST, A DISTANCE OF 150.00 FEET TO THE BEGINNING OF A TANGENT 930.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 24O04'51", A DISTANCE OF 390.87 FEET; -THENCE LEAVING SAID CURVE ALONG A NON-
TANGENT LINE, SOUTH 63O37'05" WEST, 1,007.25 FEET; THENCE SOUTH 87O38'31" WEST, 114.29 FEET; THENCE LEAVING SAID BOUNDARY OF PARCEL
B, NORTH 02O21'29" WEST, 181.84 FEET; THENCE NORTH 35OO5'54" WEST, 184.00 FEET; .THENCE NORTH 39O38'22" WEST, 100.00 FEET; THENCE NORTH 5OO21'38' EAST, 99.44 FEET; THEWCE NORTH 39O38'22' WEST, 220.66 FEET; THENCE NORTH 53O21'03" EAST, 152.51 FEET; THENCE SOUTH 15°21'00"
EAST, 58.74 FEET;, THENCE SOUTH 35O26'45" EAST, 102.00 FEET; THENCE NORTH 54O33'15" EAST, 120.37 FEET TO THE POINT OF BEGINNING.