HomeMy WebLinkAboutMP 179; Evans Point/Trust Services of America; 85-434697; Public Facilities Fee Agreement/Release.
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CITY OF CARLSBAD 1 RR/O i I::j' 5 I,.! ;, ,! ::;'I ;:';y,: I. . .'I
1200 Elm Avenue . l'LR
Carlsbad, California 92008 MG I- I% Ng"; 1 3 ppj 12: 52
Documentary transfer tax: $ No fee
Signature of declarant determining tax-firm name
City of Carlsbad
Parcel No. J/J-00- 2 9,30
AGREEMENT BETWEEN OWNER. DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT
by and between
Evans Point
is entered into
Joint Venture
t,his 26 day of March , 19&L
(Name of Developer)
a Joint Venture , hereinafter referre
(Corporation, partnership, etc. 1
t'Develop~~~O~h~e address is orrento Valley Road-Suite 101 , San Diego, California (Street) 92121
(CltY s State, Zip Code)
and Trust Services of America, Inc.
(Name of Legal Owner)
a , hereinafter referred to as
(Corporation, etc.)
"Owner" whose address is
P.O. Box A 1811 (Street)
San Diego, California 92112
(CltY, 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 Elm Avenue,
Carlsbad, California, 92008.
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RECITALS L 2,9
WHEREAS, Owner is the owner of the real property described on
Exhibit “A”, attached to and made a part of this agreement, and
hereinafter referred to as “Property”; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer has contracted with Owner to purchase the
Property and proposes a development project as follows:wnity
of 70 townhomes, .
9 acre pub1 294 single family homes. 2% vilz;igp ~1 rpntp ic park. rs and
on said Property, which development carries the proposed name of
and is hereinafter referred to as “Development”; and
WHEREAS, Developer filed on the 27 day of Arh ,
19 85 , with the City a request for Tentatt.ve Hag anmtpr Plan .lnd
Pre-annexation zone change.
:. ‘.’ hereinafter referred to as “Request”; and
WHEREAS, r 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 City Clerk and incorporated by this reference); and
WHEREAS, Developer, Owner and City recognize the correctness of
Council Policy No. 17 dated April 2, 1982, 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
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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 and Owner are aware that the City cannot and will not be
able to make any such findings without financial assistance to pay
for such services and facilities; and, therefore, Developer and
Owner 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 2% 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 .a fees, dedications or improvements
required purs'uant to Titles 18, 20 or 21 of the Carlsbad Municipal
Code. Developer and Owner she1 1 pay a fee for conversion of existing
building or structures into condominiums in an amount not to exceed 2%
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
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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 to 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 Titles 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
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 cjf 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.
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* 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 and Owner 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
Requests made by Developer are 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 dep.ositing the same in the United States
Mail, enclosed in a sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified.
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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 the City, and references to Developer, Owner
or City herein shall be deemed to be 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 of 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 but shall not create a lien
or security interest on the Property. When the obligations of this
agreement have been satisfied, City shall record a release.
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(Coiporation as a Partner of a Partnership) -’
STATE OF CALIFORNIA
COIJNTY OF SanDiego
On my 8. before me, the undersigned, a Notary Public in and for
said State, personally appeared STEPHENA. , known to me to be the
President, a’na-.-“‘“‘- ---- -I--- ---- -‘; ~-+*-----------
-w-B - Secretary 0T The Stephen A.Bieri Co., Inc. , the corporation that executed
the within instrument and known to me to be the persons who * executed the within instrument on behal said corporation being known to-me to he k, rbf said corporation. me General ~a*- of a Lfi+-- ne of the partners of Bieri-Avis I _II%bm Partnership (SAE3 Limited),which
sABLimitedbeingknowntometibe
Name (Typed or Printed) (Thir area for otltcial notarial seal)
CAT. NO. NNO0737
TO 1945 CA (7-82)
(Corporation)
STATE OF CALIFORNIA
COUNTYOF SAN DIEGO }
*TICOR COMPANY
!a.
On before me, the undersigned, a Notary Public in and for
said State, personally appeared u _ DF~ .S~ARD
personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
the within instrument as the VICE
President, and JOEJJRN ClOT,LIN.S
personally known to me or proved to me on the basis of satisfactory evidence to be
the erson who executed the within instrument as the !i SSISTAJYT Secretary of the Corporation
that executed the within instrument and acknowledged to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its
board of directors.
~~~~
My CommfsSh Expires December 12, 1988
TO 446 c
(Corporation as a Partner of a Partnership)
I (This area for official notarial seal)
0 !I!I
STATE OF CALlFORNIA
SanDieqo SS. COUNTY OF /
On May 8, 1985 before me, the undersigned, a Notary Public in and for
said State, personally appeared Douglas M. Avis , known to me to be the
President~~~~~“~---------------~*-~ ~~&I+-------~~~~~
smctr~w Avis Comwny, Inc. , the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation. said corporation being known to rnp to he one of the partners of B&h-Avis III : the $%XXXW joint Venture 1
that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and
~ktz;l~g:$~-
Ruth A. Besecker
Name (Typed or Printed) (This area fe.r ot?lcial notarial seal)
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IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OTWNER: DEVELOPER:
Trust Services of America California C under Trust
By:
c itle: --
I By:
c Title:
,ATTEST:
City Clerk
VINCENT F. BIONDO, JR., Y City Attorney
CITYaFC?BLSBAD,amunicipal
corporation of the State of
California
Evans Point Joint Venture
Bieri - Avis III, a California general partnership, managing general partner,
By: Avis Company, Inc. A California corporation, General Partner
.,2/m
ITS President --
By: SAB Limited, a California limited partnership, General Partner
By: The Stephen A. Bieri A California
ITS President ----
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ORDER NO. 45205
LEGAL DESCRIPTION
PARCEL 1:
That portion of Lot llFtl of RANCH0 AGUA HEDIONDA, in the County of San Diego,
State of California, according to Map thereof No. 823, filed in the Office of the County
Recorder of San Diego County, November 16, 1896, described as follows:
Beginning at Point 1 of said Lot llFV1 as shown on said map; thence along the boundary
line of said Lot llF1l South 25°3315611 East (Record: South 25°0314011 East) 229.00 feet to Point 23 of said Lot; thence South 54°4011911 East (Record: South 54008’ East) along
the boundary line of said Lot 1,347.OO feet; thence South 35°1914411 West (Record:
South 35049’5211 West) 2,257.74 feet; thence North 53OO2’49” West (Record: North 52°321211t West) 1214.69 feet to the most Westerly corner of that Parcel of land partitioned out to Barbara Jean Higdon, only, by and in that certain Final Judgment in partition recorded March 24, 1965, as File No. 52516 in Official Records of said Recorder; thence West to a point on the boundary line of said Lot IIF1l between points
4 and 5 of said Lot being the TRUE POINT OF BEGINNING; thence along said boundary
line North O”12’O011 East to said Point 4 of Lot ‘IFIr; thence North 81°5913511 West 341.96
feet (Record North 83OO5’ West 344 feet) to Point 3 of Lot ‘IF”; thence North 1o54t3811 West 1,204.66 feet (Record North 3O West 1,218 feet) to Point 2 of Lot llF1l; thence
along the Northeasterly line of Lot “F”, South 66O54’43” East (Record South 660301 East)
to a point distant thereon North 66°5414311 West (Record North 660301 West) 780 feet
from said Point 1; thence South 23°05’03t1 West 1450 feet; thence South to a line that
bears East from the TRUE POINT OF BEGINNING; thence West to said TRUE POINT
OF BEGINNING.
EXCEPTING THEREFROM that portion described in Parcels 68452-A and 68452-B of
deed to the County of San Diego, recorded January 14, 1970 as File No. 7225 of Official
Records.
ALSO EXCEPTING THEREFROM that portion described as follows:
Beginning at said Point 23, being the Northerly corner of lands granted by Charles
Kelly and wife to Elmer U. Carpenter by deed recorded June 1, 1937 in Book 662, page
75 of Official Records, in the Office of the County Recorder of San Diego County; thence South 11°5510711 West 14.42 feet along the Westerly boundary of said Carpenter land to the Southwesterly line of El Camino Real, as shown on Road Survey No. 1800-1,
as described in deed to the County of San Diego, recorded January 14, 1970 as Document
No. 7225 of Official Records of said County, being a point on a curve in said Southwesterly
line concave Southwesterly and having a radius of 3455.00 feet, a radial line from said
point bears South 35°35’2211 West, said point being the TRUE POINT OF BEGINNING;
thence Northwesterly along said curve through a central angle of 9OO2’31” a distance of 545.24 feet to a tangent line in said Southwesterly line of El Camino Real; thence
North 63°2710911 West 472.26 feet to the beginning of a tangent curve in said Southwesterly
line concave Southwesterly and having a radius of 14,955.OO feet; thence Northwesterly along said curve through a central angle of O”2911911 a distance of 127.53 feet to Station 420 Plus 25 as shown on said Road Survey No. 1800-l; thence leaving said Southwesterly line South 28°5315211 West 178.31 feet; thence South 17O24’23” East 278.57 feet; thence South 29O42’33” East 399.26 feet; thence South 54O36’44” East 601.95 feet more or less to the most Westerly corner of said land to Carpenter; thence along the Westerly
boundary of said land North 42°5913211 East 374.50 feet and North 11°55’07~1 East 301.18
feet to the TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM that portion described as follows:
Beginning at Point No. 2 of said Lot llF1l as shown on said map; thence along the common boundary line between Lot V1 and said Lot *lF1’, South 1o3812511 East -Record South lO54’38” East- 707.65 feet to the TRUE POINT OF BEGINNING, being the most
Northeasterly corner of land described in deed to Marvin H. Sippel, et ux, recorded
November 13, 1962 as File No. 193941 of Official Records; thence along the Southeasterly
prolongation of the Northeasterly line of said Sippel’s Land, South 55°3312511 East to a
point on a line drawn parallel with and distant 100.00 feet measured at right angles from said common boundary line between Lots “F” and V1; thence along said parallel
line, South 1o3812511 East, 445.00 feet to a line that bears North 81°5913511 West from
Point 4 of said Lot rlF1r; thence North 81°5913511 West, 103 feet, more or less, to Point 3
of said Lot llFfl* thence along said boundary common to said Lots lrF1l ‘and V, North
1o3812511 West (Record North 1o54’3811 West), 505.00 feet to the TRUE POINT OF
BEGINNING.
PARCEL 2:
All of that portion of Lot F of RANCH0 AGUA HEDIONDA, in the Co:nty 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, and described as follows:
Commencing at Point One of said Lot F, as shown on said map; thence along the
exterior boundary line of said Lot F, South 25°0314011 East (Record: South 24O45’ East)
229 feet to a point upon said Lot boundary line designated on said map as Point 23,
which point is also the most Northerly corner of lands granted by Charles Kelly, et ux,
to Elmer U. Carpenter by deed recorded June 1, 1937, in Book 662, page 75 of Official
Records, in the Office of the County Recorder of San Diego County; thence along the
Northwesterly boundary of said Carpenter lands as follows: South 11°5111211 West a distance of 315.60 feet to a point; thence South 42°5513711 West a distance of 374.50 feet to a point, which point is the most Westerly corner of said Carpenter lands; being
also the most Southerly corner of land conveyed to Young Men’s Christian Association
of San Diego and San Diego County, by deed recorded March 28, 1972 as File No. 73319 of Official Records and the TRUE POINT OF BEGINNING; thence along the Southwesterly boundary of said Carpenter lands, South 54°1010811 East a distance of 2.07 feet to a point; thence South 42°24142f1 West 938.72 feet to a point, which point is the beginning of a tangent arc concave Southeasterly and having a radius of 600 feet; thence along the curve of said arc a distance of 269.80 feet to a point; thence South 16°38152t1 West 386.15 feet to the most Westerly corner of land conveyed to James A. Dye, et ux, by deed recorded December 31, 1969 as File No. 236219 of Official Records; thence West to the East line of land conveyed to Title Insurance and Trust Company by deed recorded
December 22, 1965 as File No. 230093 of Official Records; thence along said East line North to an angle point; thence North 23°0510311 East to the Southwesterly line of said Young Men’s Christian Association Lands; thence Southeasterly along said Southwesterly line to the TRUE POINT OF BEGINNING.