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HomeMy WebLinkAboutSDP 80-01A; Beckman Instruments; 82-279904; Public Facilities Fee Agreement/Release‘. - -..- 0 3 9 (j , RECC1F.D.ING,KEQUF:STED 3Y AND > WHEN RECORDED MAIL TO: CITY.CF CARLSRAD 1201) Elm Avenue .Carlsbad, California 92008 :cv? ‘ccp -9 ld.li. VL pt \c: ,5 1 I \"')jY .I pm FEk @@:iRo,rj Recorder's u'se -. ,. _"-...d $ No fee tax-firm name City of Carlsbad . / Parcel Ho. ajq- g&g.-$QZ) - / _I-- ACREEMENT I3ETWEEN DEVELOPER-OWNE% - AND THE CITY OF CARLSRAD FOR THE PAYMENT OF A PJJBLI'C FACILITIES FEE THIS AGREEMENT is entered into this 3 day of August , 1982 --- by and between Beckman Instruments - -- a -7c Corporation , hereinafter referred to as orporation, partnership, etc.) "Developer" whose address is 2500 Harbor Boulevard, -I (street) F'ullerton, CA 92634 (City, s.tate, zip code) and TrIE CITY OF CARLSRAC, a municipal corporation of the State. of California, hereinafter referred to as "City", Carlsbad, California, 92008. 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"; a,nd' -WHEREAS, The Property lies within the boundaries of City; and WHERf?AS-, Developer proposes a development project as follows: , A 563,600 sq. ft. of research, manufacturinq an&aduIinistxa&ve facility REV 4-2-82 . , _ .-..._ . , ’ - 391 - . on ss,id Property, which development carries the proposed name of . . and is hereafter re.ferred to a.s "Development'; , and / I?rHER'EAS, Developer filed on the .Jy d'ay of August . -I__ 3 1982 , with the City'a request for Site Develomr2nt Plan -- ,r9 P 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 deve.lopment wiii be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated bT“y this reference); and .WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated April 2, 1982, in 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 availab.le to accommodate the addit'ional need-for public facilities and services resulting from . the proposed Development; and WHEREAS, Developer has asked th.e City to find that publkc 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 Po.licy No. 17 by payment of a public facilities -fee. , . . -2- . . . . REV 4-2-82 . - 392 -- ~ NOW, 'THEREFORE, in consideration of the reci,,ls and the I covenants contained-herein, the parties agree as fol,lows: 1, The D-evel.oper 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 Req,uesi. 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 f.ee shall be in addition to any fees, dedications or improyements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion o f-.existing building or structures into condominiums in an amount not to exceed 2% of the building ,permit valuat'ion at the time of. conversion. .The fee for a condominium conversibn shall be paid prior to 'the issuance of a . condominium conversion permit as p'rovided in Chapter 21.47 of the . . . Carlsbad Municipal Code. Condominium shall include community apa.rtment or stock cooperative. The terms'" other construction permits", "other c.onstruction 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 inte'nded. Developer shall pay to City a public . fac$lities fee in the s&m of $1;150 for each.mobilehome space to be I constructed pursu-ant to the Request. The'fee Fha1.J. 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, 26 or 21 of the Carlshad Municipal Code. -3- . .’ REV 4-2-82 j . I . - .^_ .^.I I 3L .. 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 4 this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Muni.cipal 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 prdvide 'public facili'ties and services, and the development will not be consistent with the -General.PIan 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 re'quire,d by this agreement is paid. 4. City agrees to deposit the fees paid .pursuant to this agreement in a public facilities fund f'or 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 reasona.hle assurances to enable Developer to' comply with any requirements of other public agencies as evide'nce.of adequate public facilities and services 1 sufficient to accommodate the needs of the Development herein ._ described. -4- . . . . . _. - _ . 8 , . 395. . \'6. .A11 obligations hereunder shall terminate in the event the Requests made by Developer are not approved. 7. Any notice from one party' to the“othe,r 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 su'ch 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 may 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 Develo,per and the City, and references to Developer 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; 1 provided,‘ however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obl.igations 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 r.ecord 2 release. -5- REV 4-2-82 . I . . , 3:s IN WITNESS WHEREOF, this agreement'is executed in'San Diego . County, California.as,of. the date first writ.ten above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California BECKMAN INSTRUMENTS, INC. (name> BY BY inance -'xty Manager _ BY . ,* . ATTEST: Y’ c City Attorney , (Notarial acknowledgement of execution by DEVELOPER-OWNER must .be attached.) : , -6s .’ REV 4-2-82 . - . - 396’ TO 449 c (Corporation) 0 TI STATE OF CALIFORNIA COUNTY OF Orange > SS. OnAugust 20, 1982 before me, the undersigned, a Notary Public in and for said State, personally appeared J. E, Shelton known to me to be the Vice 3 President, an lnance -aF' , knesv~~-teme+o-be~u&s,~y of the corporation that executed the within Instrument, knvvn to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within :nstrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature A2!wuFr( b-e/lhee_ +--.A OFkIAL SC DONNA F FERREE NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY Mv comm. expires JAN 12. 1984 Donna F. Ferree Name (Typed or Printed) (This arm for ofkid notarial real) , , r / LlL,LJ:Lb * . ,J’ , cs:.J?~&&~ I L ~E-X H I lUT--~-~ / . , ‘L ’ / EXFIIBIT "A" ,' / That: portion of Lot "B" of Ranch0 Agua Hedionda, in the City of Carlsbad, 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: x Counnencing at the Southwesterly corner of that parcel of Land delineated and ?A-31 designated "30.02 Acres Gross" on Record of Survey Map No. 5683, filed in the Office of the County Recorder of San Diego County December 1, 1960, being a point on the Southwesterly line of said Lot "B" and being also the Southwesterly corner of land described in deed to Ralph 3. Palmer, recorded November 19, 1964 as File No. 210547; thence along the Southerly line of said Palmer's land North 82'32'44" East, 289.39 feet to the TRUE POINT OF BEGINNING; thence continuing along said Southerly line North 82"32'44" East, 1224.63 feet to the Westerly line of land described in deed to Leo Carrillo, et ux, recorded January 12, 1939 in Book 868, page 44 of Official Records; thence along said Westerly line North lO"54'00" East, 747.00 feet to the Northeasterly corner of said Palmer's land; thence along the Northerly line of said Palmer's land South 82'32'44" West, 1459.00 feet, more or less, to a line which bears North 07"27 '16" West from the TRUE POINT OF BEGINNING; thence South 07"27'16" East 409.00 feet; thence South 82"32'44" West, 95.37 feet to the beginning of a tangent 335.00 foot radius curve, concave South- easterly; thence Southwesterly along the arc of said curve through a central angle of 31"07'44", a distance of 182.01 feet; thence tangent to said curve South 51“25'00" West, 89.99 feet to the beginning of a tangent 20.00 foot radius curve, concave Northerly; thence Westerly and Northwesterly along the arc of said curve through a central angle of 90"00'00", a distance of 31.42 feet to the point of tangency in the Northeasterly line of County Road A-13 (now known as El Camino Real) as shown on said Record of Survey Flap No, 5683; thence at right angles South 51'25'00" West, 30.00 feet to the 4 Southwesterly line of said Lot "B"; thence along said Southwesterly line South 38"35'00" East, 110.00 feet; thence at right angles North 51"25'00" 4 East, 30.00 feet to the Northeasterly line of said County Road A-13, being a point on the arc of a non-tangent 20.00 foot radius curve, concave Easterly, a radial line of said curve bears South 51°25'00" West to said point; thence Northerly and Northeasterly along the arc of said curve through a central angle of 90°0G'00", a distance of 31.42 feet; thence tangent to i said curve North 51"25'00" East 89.99 feet to the beginning of a tangent 265.00 foot radius curve, concave Southeasterly; thence Northeasterly along Am,ended the arc of said curve through a central angle of 31"07'44", a distance of DR:FBD 143.98 feet; thence tangent to said curve North 82"32'44" East, 95.37 feet 10-11-72 to a line which bears North 07'27'16" West from the TRUE POINT OF BEGINKING; D-490767 thence South 07"27'16" East, 230.00 feet to the TRUE POINT OF BEGINNING. EXCEPTING therefrom all oil and mineral rights as reserved by Palomar Vista, Ltd., a Limited Partnership, in deed recorded May 18, 1960 as File No. 103249. 393 RESERVING therefrom, an easement and right of way for road and public utilities and appurtenances thereto over, under, along and across that portion thereof lying Westerly of 8 line which bears North 07'27'16" West from the most Southerly, Southwest corner of the first hereinabove described land. ALSO RESERVING therefrom, an easement for landscaping purposes over the Southerly 10.00 feet AND the Northerly 10.00 feet of that portion thereof lying Westerly of a line which bears North 07'27'16" West from the most D-490767 Southerly, Southwest corner of the first hereinabove described land. 398 AT .,.. ” c e,. j +.;T , .: . . . . _ . I. .: r: >’ .EXH IBIT “A” . : .’ ? ;. . _(, That certain portion of Lot "8" of Ranch0 &a Hedionda, in the City of f Carlebad, County of San Diego, State of California, according to Map thereof ' No, 823, filed in the office of the County Recorder of aaid San Diego County, : November 16, 1896, deecribed a8 followe: ., ., : .. .: : ..; '. , ., X Beginning at the corner of Lots "C" and '$'I on the Northerly boundary line of ' : 11 said Lot "8"; thence South 20'19'00" West, 2273.70 feet to an angle point; thence South 20.31'30" Wuat, 2391.50 feet to the Northeeeterly right of way ., line of County Road A-13, 60.00 feet wide, as shown.on Record of Survey Map . No. 517, filed in the office of the Couuty Recorder of aaid San Diego County; thence continuing South 20%'30"'Weet to the Easterly prolongation of that * cour8e in the canter line of said County Rued having a bearing of "South 80°12'00" East"; thence North 80'12'00" Weat, 7.60 feet to an angle point in eaid ceater line; thence al&g raid center line,‘South 21'35'00" East, 1265.70 feet and South 38’35’00” ti8t, 735.87 feet.to’the Southwkrtefly corner qf land described in deed. : to Tomi Yclda, recorded May 18, 19G0, Series I, Book 1960, pilo No. 103249, said point be%ng the TRUE POINT OF Ul?X;INNINC; thenca 8long the Southarly.line of eaid land, North 82'32'44" East, 1512.97 feet to the Southeaeterly corner thereof; .. ED thence South 10°54'00" Wesi to the Southwesterly line of eaid Lot "B"; thence -69 ' 38186 along 8aid Southweuterly line North 39°35'00': Weot being also the muter line of oaid County Road to the TRUE POINT OF BEGINNING. -:: .;. 3 : 1 * ‘, I. ., . . I .L , .’ i.. I : , i: 8 .’ .I , ., ‘.’ .” _: ,. .” . .:.+ ‘. : -. .’ ’ :, . : ,, 5 -’ . . ~ ).’ : - . . .., , , . . -.. ‘, . .