HomeMy WebLinkAboutCT 95-07; Ryan, Daniel and Pacific View Ltd; 1995-0534998; Public Facilities Fee Agreement/Release. ’
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
. ,
City Clerk 1 CITY OF CARLSBAD 1 1200 Carlsbad Village Drive
Carlsbad, California 92008-l 989
’ DllL # 1995.0534993 2-p-MUV-lPP5 01=12 Yrl 7
DFFICM RECORDS SAN DIE60 CDUNTY RECORDER’S OFFICE GREGURY S;!‘;;, ~OUN~~~~E~DRDER RF: : 28. DO
$: 1s:oo : 1. DO
Space above this line for Recorder’s use
Parcel No. 167-250-16
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBUC FACILITIES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNITY FACIUTIES DISTRICT NO. 1
ttc THIS AGREEMENT is entered into this \ b- day of oflob& ) 19s
by and between PACIFIC VIEW LTD,
(name of developer)
a I TMITFn I IqBIl ITY CO,
(corporation, partnership, etc.) ’
hereinafter referred to as “Developer” whose address
is P,O~ BOX 2198, CARLSBAD, CA 92018
(street) (city, state, zip code)
and D. RYAN ALA' ~&EL w. T+,ti
(name of legal owner) I I
a INDIVIDUAL , hereinafter referred to as “Owner”, whose address (individual, corporation, etc.)
is p,o, BOX 2198, CARLSBAD, CA 92018
(street) (city, state, zip code)
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, 92008-1989.
Form Approved
By City Cormcil July 2.1991
Rem Y 91-194/qH
Form 18a
rev 3121 I95
1
c* 6-7 mp e-rq
RECITALS 1182
WHEREAS, Owner 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 has coniacted with Owner to purchase the property and proposes
a development project as follows: 24 SINGLE FAMILY HOMES
on said Property, which
development carries the proposed name of PACIFIC VIEW ESTATES
and is hereafter
referred to as “Development”; and
WHEREAS, Developer filed on the 16 day of OCTOBER ,4!5
with the City a request for TENTATIVE TRACT MAP FOR 24 S.F,Rm LOTS
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 the Cii 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 and Owner have 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,
Form Approved
By Ciy Council July 2,1991
Rema # 91-194/I(JH
Form I&
rev S/27/95
2
Developer and Ownei propose 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 and Owner shall pay to the City a 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 Tiles 18, 20 or 21 of the Carl&ad Municipal Code. Developer and Owner
shall pay a fee for conversion of existing building or stmctures 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
mobilehome 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 and Owner shall pay
the City a public facilities fee in the sum of $598 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 Tiles 18, 20 or 21 of the Carlsbad Municipal Code.
2. The Developer and Owner 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
and Owner offer to donate a site or sites for public facilities, the Cii shall consider, but is not
Form Approved
By City Goundl JuIy 2,1991
Rew W 91-194/wH
Form I&
rev 9J27J95
3
1184
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 pennit 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. 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.
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
Form Approved
By City Council July 2,1991
Reva # 91-194JwH
Form 18a
rev S/27/95
4
prepaid and certified. 1185
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, Owner and City, and references
to Developer, Owner 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 Devoloper 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.
At such time as Owner ceases to have any interest in the Property, all obligations of
Owner hereunder shall terminate; provided, however, that if any successor to the Owner’s interest
in the Property is a stranger to this agreement, such successor has first assumed the obligations
of Owner in writing in a form acceptable to City.
9. This agreement shall be recorded buf 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 Coud July 2.1991
Rem Y 91~194/&JH
Form 18a
rev 3127195
5
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
DEVELOPER:
-*
si na
AN Alcfr:bwie~ w&d D, JACK
(print name) W LTDm
(signature) (signature)
(title)
(print name)
(print name)
(title and organization of signatory)
(signature)
(title)
CITY OF CARLSBAD, a municipal
corporation of the
State of California
Al-TEST:
HA L RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
RONALD R. BALL, Cii Attorney
BY
BY
for City Manager
(Notarial acknowledgement of execution of DEVELOPER and OWNER must be attached).
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
Form Approved
By City Coumil July 2.1991
Rem Y 91-194/qTH
Form 18a
rev 3/27/95
6
.
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:
ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 32; THENCE SOUTH 89O12'20" EAST ALONG THE SOUTHERLY LINE THEREOF, 990.04 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN DEED TO CARL L. BERNHARDT, ET UX, RECORDED APRIL
9, 1931 IN BOOK 1884, PAGE 123 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY THEREOF, NORTH OO"56'20" EAST, 440.00 FEET AND NORTH 89O12'20" WEST, 462.67 FEET; THENCE SOUTH OO"47'40" WEST, 106.09 FEET; THENCE SOUTH 45O47'40" WEST, 152.84 FEET; THENCE NORTH 44O12'20" WEST, 114.14 FEET; THENCE NORTH 66O42'20" WEST 74.38 FEET; THENCE NORTH
89O12'20" WEST, 38.32 FEET; THENCE NORTH OO"47'40" EAST, 105.00 FEET,
MORE OR LESS, TO THE INTERSECTION WITH THE BOUNDARY OF SAID BERNHARDT'S LAND; THENCE ALONG THE BOUNDARY OF SAID LAND, NORTH 89O12'20" WEST, 50.00 FEET; NORTH OO"56'20" EAST, 240.00 FEET; AND NORTH 89O12'20" WEST, 181.50 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF SAID SECTION 32; THENCE SOUTH OO"56'20" WEST ALONG SAID WESTERLY LINE, 680.00 FEE.T TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1, AS SHOWN ON A PARCEL MAP FILED IN THE BOOK OF PARCEL MAPS AT PAGE 879 IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 3, 1972.
--
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On OCTOBER ,&’ 19% before me, &E/R& .fl. / o&JlQ&tiotary Public, personally
appeared UK A4 l-7 t?Y#J . , , [ ] personally known to me - or [ -.
] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) k/are
subscribed to the within instrument and acknowledged to me that m/they executed the same
in his/her/their authorized capacity(ies), and that by m/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
.
Fmn Approved
By City Cauacil July 2,199 I
Rca t( 914911~H
Farm 18s
P2” 312 1195
8