HomeMy WebLinkAboutCT 90-13; Green Valley Partners; 1993-0525895; Public Facilities Fee Agreement/Releasel ,
RECORDING REQUESTED tiY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1290 Carlsbad Village Drive
Carlsbad, California 92008-l 989
i ) 1 1’359 .
; 1
PC W 1993-0525895 12 ALW-1993 12~40 PM
OFFICIAL RECORDS SclN DIEGO COUNTY RECORDER’S OFFICE ANNETTE E;;N;(; COUNTY RECORDER RF:
;; i 1F:OO FEES: 32. GO
1.00
Space above this line for Recorder’s use
Parcel No, J@-05rI+J7, @Ii_ “!A 10
AGREEMENT BECWEEN DEVELOPER-OWE!ER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FCR OiITS:DE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
THIS AGREEMENT is entered into this a 5L day of JTk /y , 19%
by and between GREEN VALLEY PARTNERS, a Partnership, hereinafter referred to as “Developer’
whose address is 2990 Mission Boulevard, San Diego, California, 92109, and ths 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 01” 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
w-EEP,S, i;swtap ‘:,-CT tT%-j c!evelop;rxrt rrojsct a$ forlow::: :5 unit single family
A.,,,*- L..,. ‘4. .A? e ,:rr?:,.;m:r.” .cI L = , cperty, which develop csrrics $1~ *%-+’ -- J ya L :-h.oed name of Ranch0 Real and
is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the 7 day of May, 1983, with the City a request fcr a
Tentative Map Extension, hererr ,,,after referred to as “Raquest”; and
WHEREAS, the Public Facilities Element of the City Genera! Plan requires that the City
Council find that all public facilities necessary to serve a development will be available concurrent
with need or such development shall not be approved (said element is on file with the City Clerk
and is incorporated by this reference); and
Form Approved
By City Council July 2,199l
- \ , 1‘360
WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated
July 2, 1991, on file with the City Clerk and incorporated by this reference, and that the City’s
public facilities and services are at capacity and will not be available to accommodate the
additional need for public facilities and services resulting from the proposed Development; and ;
WHEREAS, Developer has asked the City to find that’public facilities and services will be
availabfe to meet tk.2 f::ture ne$ds of ?hs Ds:.?!opmsnt ?,s- It is preStr?t!:J ,prcpCscd; kal ths
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 facilitfes; and therefore, Developer proposes to
help satisfy the General Flan as i.n&mei;tsd :t,’ C:i-.:rci’r Polizy No. : 7 by payment of a p&lic
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 the City a public facilities fee in an amount not to
exceed 3.5% 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 fit’ of the Carlsbad Mr rnicipal Code. Developer shall psy a fee for conversion
of existing building or structures into condominium$ in .an amount not to exceed 3.5% of the
building permit valuation at the time of conversion. The fae ‘.$. a condorhinium conversion shall
be paid prior to the issuance of a condominium conversion rermit as provided in Chapter 21.47
of the Carlsbad Municipal Code. Condominium shall include community apartment or stock
cooperative, The terms “other construction permits”, ‘I other construction permit” and “entitlement
for use” as used in this agreement, except in refere;lce to mobilehome sites or projects, shall not
refer to grading permits or other permits for the construction of underground or street
Form Approved
By City Council July 2,199l
Rem # 91-194KJH 2
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 $1 ,150
for each mobilehome 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 Mles 18, 20 or
21 6f the &&bad Munkipal Crtie.
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 Pa:agraph 1 above. If Developer offers to
donate a site cr sites for publid <aciii?ies, ii;3 Siiy SW 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 determinition, when made, shall be-
come 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. lf the fe&s 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 bl!ilding or other ccinstruction permit or i?n+itlement for use shall
be issued until the public facilities fee required by this agreement is paid.
4. City agrees to deposit thd fees paid pursuant %r itiis agreement in a public facilities
fund for the financing of public facilities when the Cii Council determines the need exists to
provide the facilities and sufficient funds from the paymant of this and similar public facilities fees
are available.
5. City agrees to provide upon request reasonable assurances to enable Developer
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.
Form Approved
By City Council July 2,199l
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1‘362 -
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 p’Jrpose whatsoever unless served in one of the
following manriers:
7.1 lf notice is given to the City of personal delivery thereof to the City or by
depositing same in the United States Mail, addressed td the City at the address set forth herein,
enclosed iti a ser;!ed aiivsiops, a’c’diesse’d 3~ it,& F....’ . . l3ly ,r;# a~tentii;:: 03 ths City Msnager, postage
prepaid and certified.
7.2 If notice is given to Developer by personal delivery thereof to Developer or 1
by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to 1
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 1
apply to, the respective successors and assigns of Developer and -C%y, 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. lf Developer
should cease to h&e any interect in ttlrr Property, all obligation? of DeYG!gper hereunder shall
terminate; provided, however, that any successor to Develop&s interest in the property shall
have first assumed In writing the Developer’s obligations hCrt:under.
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 Approved
By City Council July 2,199l
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LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF LOT "I" OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD; COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND.
BEGINNING AT CORNER NO. 2 OF SAID LOT 1; THENCE ALONG THE NORTHERLY PROLONGATION OF THE EASTERLY LINE THEREOF; NORTH 02.29'40" WEST RECORD NORTH 3" WEST 21.84 FEET TO THE CENTER LINE OF ROAD SURVEY NO. 682, DESCRIBED IN EASEMENT DEED TO THE COUNTY OF SAN DIEGO, RECORDED IN BOOK 531, PAGE 230 OF OFFICIAL RECORDS, BEING ALSO THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN QUITCLAIM DEED TO HORACE 8. KELLY, RECORDED JANUARY 22, 1951 AS FILE NO. 9613 IN BOOK 3942 PAGE 34 OF OFFICIAL RECORDS: THENCE ALONG THE SOUTHERLY LINE OF SAID LAND AND THE CENTER LINE OF SAID COUNTY ROAD AS FOLLOWS:
NORTH 67*10'00" WEST 897.21 FEET AND NORTH 64.35'00' WEST 701.22 FEET TO A TANGENT 1000 FOOT RADIUS CURVE CONCAVE SOUTHERLY: THENCE WESTERLY ALONG SAID CURVE 319.27 FEET,. THROUGH AN ANGLE OF 18'17'34"; THENCE LEAVING SAID CENTER LINE SOUTH 03.18'40' EAST 355.60 FEET TO THE NORTHERLY LINE OF LAND DESCRIBED IN DEED TO J. BLAIR PACE, ET AL, RECORDED JULY 17, 1957 AS FILE NO. 106397 IN BOOK 6667, PAGE 64 OF OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 84'48'00" WEST 90.00 FEET: THENCE SOUTH 5.39'40" WEST 487.87 FEET; THENCE NORTH 86.22'33" EAST 334.12 FEET To POINT "A"; THENCE SOUTH 3'02'12" EAST 310.53 FEET; THENCE SOUTH 80.31'19' WEST, 165.48 FEET: THENCE SOUTH 16.21'29" WEST 238.00 FEET; THENCE SOUTH 44'27'10" EAST 15.20 FEET: THENCE NORTH 84.42'10' EAST, 409.59 FEET; THENCE NORTH 25.29'30" EAST 1088.70 FEET TO THE CENTER LINE OF SAID COUNTY ROAD, SAID POINT BEING THE MOST EASTERLY CORNER OF LAND DESCRIBED IN DEED TO J. BLAIR PACE, ET UX, RECORDED DECEMBER 24, 1958 AS FILE NO. 216747 OF OFFICIAL RECORDS; THENCE ALONG SAID CENTER LINE NORTH 64*35'00" WEST 189.21 FEET: THENCE LEAVING SAID CENTER LINE SOUTH 21'54'00" WEST 148.31 FEET TO A TANGENT 150 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE 227.15 FEET THROUGH AN ANGLE OF 86'46'00' TO POINT B; THENCE TANGENT TO SAID CURVE NORTH 71*20'00" 480.66 FEET TO THE
.
TRUE POINT OF BEGINNING.
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PARCEL 2:
THAT PORTION OF LOT "I" OF THE RANCH0 AGUA HEDIONDA, THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1896, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND:
BEGINNING AT CORNER NO. 2, OF SAID LOT "I"; THENCE ALONG THE NORTHERLY PROLONGATION OF THAT PORTION OF THE EASTERLY LINE OF SAID LOT "I" BETWEEN CORNER NO. 1 AND 2 OF SAID LOT, NORTH 02.29'49" WEST RECORD NORTH 3' WEST, 21.84 FEET TO AN INTERSECTION WITH THE CENTER LINE OF COUNTY ROAD SURVEY NO. 682; AS THE SAME IS DESCRIBED IN EASEMENT DEED TO THE COUNTY OF SAN DIEGO, DATED MAY 27, 1936 AND RECORDED IN BOOK 531, PAGE 230 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY, SAID POINT OF INTERSECTION BEING ALSO THE SOUTHWESTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED TO HORACE H. KELLY RECORDED JANUARY 22, 1951 AS FILE NO. 9613 IN BOOK 3942 PAGE 34 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID KELLY LAND AS FOLLOWS:
ALONG THE SAID CENTER LINE OF COUNTY ROAD NORTH 47.10'00' WEST 897.21 FEET TO AN ANGLE POINT IN SAID ROAD; THENCE CONTINUING ALONG SAID CENTER LINE OF COUNTY ROAD NORTH 64.35'00' WEST 701.22 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF l,OOO.OO FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18.17'34' FOR AN ARC LENGTH OF 319.27 FEET: THENCE LEAVING SAID COUNTY ROAD SOUTH 3.18'40" EAST 355.96 FEET TO AN ANGLE POINT ON THE WESTERLY AND NORTHERLY LINE OF THAT LAND DESCRIBED IN DEED TO J. BLAIR PACE AND WIFE, RECORDED DECEMBER 24, 1958 AS FILE NO. 216747 IN BOOK 7413, PAGE 212 OF OFFICIAL RECORDS; THENCE NORTH 84.48'00' WEST 90.00 FEET: THENCE SOUTH 5.39'40' WEST 487.87 TO THE TRUE POINT OF BEGINNING; THENCE NORTH 86.22'33" EAST 334.12 FEET; THENCE SOUTH 3.02'12" EAST 310.53 FEET; THENCE SOUTH 80*51'19' WEST 165.48 FEET: THENCE SOUTH 16.21'39" WEST 238.00 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID PACE LAND; THENCE ALONG THE SOUTHWESTERLY AND WESTERLY LINES OF SAID PACE LAND NORTH 44.27'09" WEST 224.84 FEET; THENCE NORTH 5.39'40" EAST 385.01 TO THE TRUE POINT OF BEGINNING.
PARCEL 3:
THAT PORTION OF LOT "I' OF RANCH0 AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND:
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BEGINNING AT CORNER NO. 2 OF SAID LOT "I"; THENCE ALONG THE NORTHERLY PROLONGATION OF THAT PORTION OF THE EASTERLY LINE OF SAID LOT "I" BETWEEN CORNERS NO. 1 AND 2 OF SAID LOT NORTH 02O29'40" WEST (RECORD NORTH 03'00'00" WEST) 21.54 FEET TO AN INTERSECTION WITH THE CENTER LINE OF COUNTY ROAD SURVEY NO. 682 AS THE SAME IS DESCRIBED IN EASEMENT DEED TO THE COUNTY OF SAN DIEGO, DATED MAY 27, 1936 AND RECORDED IN BOOK 531, PAGE 230 OF OFFICIAL RECORDS OF SAID COUNTY: SAID POINT OF INTERSECTION BEING ALSO THE SOUTHEASTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED TO HORACE H. KELLY, RECORDED JANUARY 22, 1951 AS FILE NO. 9613 IN BOOK 3942, PAGE 34 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID KELLY LAND AS FOLLOWS:
ALONG SAID CENTER LINE OF ROAD, NORTH 67*10'00" WEST 897.21 FEET: NORTH 64.35'00" WEST, 701.35 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1000.00 FEET NORTHWESTERLY ALONG THE ARC OF SAID CURVE 29.00 FEET; THENCE LEAVING SAID CENTER LINE NORTH 74.11'00" WEST A CHORD DISTANCE OF 264.47 FEET TO A POINT ON THE ARC OF SAID CURVE; THENCE SOUTH 02.36'15" EAST 553.64 FEET: THENCE NORTH 88*59'15" WEST 90.00 FEET TO AN ANGLE POINT IN THE WESTERLY BOUNDARY OF THE LAND DESCRIBED IN DEED TO J. BLAIR PACE ET UX, RECODED JULY 17, 1957 AS FILE NO. 106397 OF OFFICIAL RECORDS BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY SOUTH lO*OO'OO" WEST 870.00 FEET, SOUTH 43*10'00" EAST 239.00 FEET; AND NORTH 85*45'00" EAST TO AN INTERSECTION WITH THE SOUTHWESTERLY BOUNDARY OF THE LAND DESCRIBED IN DEED TO J. BLAIR PACE ET UX, RECORDED DECEMBER 24, 1958 AS FILE NO. 216747 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHWESTERLY AND WESTERLY BOUNDARY OF LAST SAID LAND NORTH 44.27'10" WEST TO AN ANGLE POINT AND NORTH 05'39'40" EAST TO THE NORTHERLY LINE OF FIRST SAID PACE LAND; THENCE ALONG SAID NORTHERLY LINE NORTH 88.59'15" WEST TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCELS 1 AND 2 ABOVE.
PARCEL 4:
AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND TELEPHONE LINES AND APPURTENANCES THERETO OVER, UNDER ALONG AND ACROSS A STRIP OF LAND 30.00 FEET WIDE IN LOT "I" OF RANCH0 AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, THE CENTER LINE OF SAID 30.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT CORNER NO. 2 OF LOT "I"; THENCE ALONG THE NORTHERLY PROLONGATION OF THAT PORTION OF THE EASTERLY LINE OF SAID LOT
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II 1 ,I BETWEEN CORNERS NO. 1 AND NO. 2 OF SAID LOT NORTH 2'29'40" WEST (RECORD NORTH 3' WEST) 21.84 FEET TO AN INTERSECTION WITH THE CENTER LINE OF COUNTY ROAD SURVEY NO. 682, AS THE SAME IS DESCRIBED IN EASEMENT DEED TO THE COUNTY OF SAN DIEGO DATED MAY 27, 1936, AND RECORDED IN BOOK 531, PAGE 230 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT OF INTERSECTION BEING ALSO THE SOUTHWESTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED TO HORACE H. KELLY, RECORDED JANUARY 22, 1951 AS FILE NO. 9613, IN BOOK 3942, PAGE 34 OF OFFICIAL RECORDS: THENCE ALONG THE SOUTHERLY LINE OF SAID KELLY LAND AS FOLLOWS:
ALONG THE SAID CENTER LINE OF COUNTY ROAD NORTH 67.10' WEST 897.21 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID CENTER LINE OF COUNTY ROAD NORTH 64'35' WEST 701.22 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE 319.27 FEET THROUGH AN ANGLE OF 18'17'34"; THENCE LEAVING SAID CENTER LINE SOUTH 3.18'40" EAST 355.96 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTER LINE; THENCE SOUTH 71.20' EAST 480.66 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 227.15 FEET THROUGH AN ANGLE OF 86'46'; THENCE TANGENT TO SAID CURVE NORTH 21'54' EAST, 148.31 FEET TO SAID CENTER LINE OF THE COUNTY ROAD, SAID 30.00 FOOT STRIP BEGINS IN A LINE WHICH BEARS SOUTH 3.18'40" EAST THROUGH THE TRUE POINT OF BEGINNING AND ENDS IN THE SOUTHWESTERLY LINE OF SAID COUNTY ROAD.
EXCEPTING FROM SAID EASEMENT AND RIGHT OF WAY THAT PORTION THEREOF WHICH LIES WITHIN PARCEL 1 HEREIN DESCRIBED.
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L ” IN WlTNESS WHEREOF, this agreement is executed in San Diego County, California as
of the date first written above.
DEVELOPER-OWNER:
- I’% c/w@--L
(print name)
(title)
(signature)
(print name)
ClTY OF CARLSBAD, a municipal
corporation of the
State of California
for City Mahager
(title)
.A-!-f-EST: .,
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
(Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.)
Form Approved
By City Council July 2,lQQl
. 1368 -
L 1
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_ . - ALL PURPOSE ACKNOWLEDGEMENT _____ ____ __- ____ - ____---- -~- _-.-...
CAPACITY CLAIMED BY
county of <;;QN Q/W& ) SIGNER
20n h --I before me, RL 0 INDIVIDUAL(S)
0 CORPORATE
oFF’CER(S)-
personally appeared I m PARTNER(S)
63 A’ITORNEY-IN-FACT
0 personally known to me - OR - @ proved to me on the basis of satisfactory 0 TRUSTEE(S)
evidence to be the person(s) whose name(s) 0 SUBSCRIBING WITNESS
ribed to the within instrument and 0 GUARDIAN/CONSERVATOR
ed to me that he/she/they executed tl OTHER: his/her/their authorized capacfty(les),
that by his/her/their signature(s) on the
strument the person(s), or the entity upon hich the person(s) acted, executed the
Witness my hand and official seal.
SIGNATURE 0~ NOTARY
ATTENTION NOTARY: Although the Information
unauthorired document.
attachment of this csrttflcate to
THIS CERTIFICATE Tile or Type of
MUST BE ATTACHED Number of Pages
TO THE DOCUMENT Signer(s) Other Than Named Above
DESCRIBED AT RIGHT:
Date of Document