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HomeMy WebLinkAboutMP 179; Evans Point/Trust Services of America; 85-434697; Public Facilities Fee Agreement/Release. c . &CORDING REQUESTED BY AND ) 9 2278 -N 535434697 1..1-.. WHEN RECORDED MAIL TO: 'RF ,a 1 i ,,, ,_, i,: r,c:y$;g; L . ...li (.I: rL :,, r.i.:,[:!:, 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. REV 4-2-82 179 /p+w 2 c -‘332 1 ., . . , _1. - 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 -2- REV 4-2-82 ., ‘. . b 22:- 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 -3- REV 4-2-82 ’ , - I . c, 2p-4 1 . 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. REV 4-2-82 -4- ’ a. ‘. u’ 22r * 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. -5- REV 4-2-82 , zv 22c 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. -6- REV 4-2-82 , . t 5 I Y 0. 4 kl 1 2 . t : Y I Y t !i 1 . t . w E I !i : Iii .J ; I (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) , .- ? *. -2 ‘. * . . u 2235 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 ---- REV 4-2-82 ’ 2286 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.