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Home My WebLink AboutCT 83-06; WESTERN LAND DEVELOPMENT CO; 84-374699; Public Facilities Fee Agreement/ReleaseRECORDED AT THE REQUEST OFi SAFECO TITLE INSURANCE CX>» Recording Requested By THE CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 1275 84-374699 '.'.Si OCT -2 PH 3: 25 v t1..;";/1 ;_. icoiiNf y M: RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES MG I PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between The City of Carlsbad and Western Land Development Company required by an Application for CT 83-6/SDP 83-3 Subdivide existing mobile home park March 31, 1984 and recorded on as Document No. 83-102925 is hereby released for the following reason: /~7 Fees Paid and Obligation Satisfied /x7 Application Withdrawn /~7 Other ________ DATED: July 9, 1984 ATTEST: ALETHA L. RAUTE. City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney By API CITY OF CARLSBAD City Manager STATE OF CALIFORNIA) ) COUNTY OF SAN DIEGO) 1276 ss. On , before me the undersigned, a Notary for said State, personally appeared Frank D. Aleshire, known to me to be the City Manager of the City of Carlsbad, a Municipal Corporation of the State of California, known to me to be the person who executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, executed the same. WITNESSjmy_hand and^pfficial seal. OFFICIAL SEAL KAREN R. STEVENS Notary Public - California Principal Office In San fjiegc County My Commission Expires Sspt 27. 1385 RECORDING REQUESTED BY " "ND WHEN RECORDED MAIL TO : x ' CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 197 83-102925. !SS3 HAR 3 1 PH 2: Space above this line for Recorde^'fk, bseCOUiJS i ,, t L t R Documentary transfer tax: $ No fee NO rEE . S i gna t ure of d e c 1^ rant determin ing tax— firm name City of Carlsbad .•' Parcel No./' 03 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 28 day of March by and between Western Land -and Development Company , 19 83 (n ame o~f developer -owner) a partnership_ (Corporation, partnership , etc.) "Developer" whose address is 5200 El Camino Real hereinafter referred to as (street ) Carlsbad, California 92008 and THE CITY OF_ _ (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose addre^s^"is 1200 I Carlsbad, California, 92008. V V^^l " (A ' 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"; and WHEREAS, The Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: Subdivide an existing mobile home rental park into an individual land ownership mobile home parkREV 4-2-82 .. .. . v_ 198 on said Property, whic^ development carries the }> opose.d name of Rancho Carlsbad Country Club and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 24 day of February 19 83 . with the City a request for Tentative Map £T %~3 ~ 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 City Clerk and is incorporated by 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 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 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 Policy No. 17 by payment of a public facilities fee. -2- REV 4-2-82 . , v-- 199 NOW, THEREFORE, n consideration of the re., , t a 1 s and the "*«*..•' covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a publi.c 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 fees, dedications or improvements 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 valuation at the time of conversion. The fee for a condominium conversion shall b.e 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 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. -3- REV 4-2-82 v- 20 ; 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 det erminat i'on,. 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 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. 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 desc r ibed. -4- . .... .. .. «,^ 201 •' 6. All obligatic hereunder shall terminal. 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 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 Developer 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 obligat ions of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writ.ing the Developer's obligations 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 record a release. -5- REV 4-2-82 - •';••• ' v— 202 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Western Land and Development Company (u^me) •Ronald S. Schwab/partner (Title) ,-BY David F. Dawes/Partner (Title) CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager ATTEST: __ _ LETHA L. RAUTENKRANZ, City Clerkk L •APPROVED AS TO FORM City Attorn e1 y (N at CAT. NO. NN00630 TO 1946 CA (7-82) (Partnership) STATE OF CALIFORNIA COUNTY OF Ran ni O A O ^ (J O t Ikl < I j ATICORCOMWNY On March 28 . 1983 before me, the undersigned, a Notary Public in and for said State, personally appeared Ronald S. Schwab and Donald F. Dawes RE' . , personally known to me or proved to me on the basis of satisfactory evidence to be the person S who executed the within instrument as partners cKXK>^iHKe»sXof the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature £3e_je_Hf V i' i" " " QpprnAT., SF.AL RICKI OEAA C'AVIER NOTARY PUBLIC - CALIFORNIA SAN DIF.GO COUNTY My comm. expires SEP ?.G,_1<!86 (This area for official notarial seal) 204 S-632021 E-24031 EXHIBIT "A" PARCEL 1: That portion of Lot "E" of Rancho 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, described as follows: Beginning at Corner No. 1 of said Lot "E" as said corner is shown on Record of Survey Map No. 6169, filed in the Office of the County Recorder of San Diego County; thence to and along the center line of the County Road known as Road Survey No. 602, according to Map on File in the Office of the County Surveyor of said County, North 66* 36' 08" West - Record North 66* 57' 24" West- 1822.60 feet to the most Northwesterly line of land described in deed to Jakob Wersching, et ux, recorded April 10, 1968 as File No. 59408 of Official Records and the True Point of Beginning; thence along the Northwesterly line of said land North 29* 58' 38" East -Record North 29° 37' 22" East 1289.80 feet to the most Northerly corner of said Wersching land; thence South 66* 36' 08" East 500.00 feet to an angle point in the boundary of land described under Parcel 1 of Quit Claim Deed to Thomas E. Burke, recorded June 16, 1967 as File No. 86380 of Official Records; thence along the boundary thereof, South 66' 36' 08" East 259.78 feet; South 89° 00' 59" East -Record South 89* 09' 42" East- 180.00 feet and North 56* 55' 40" East 180.11 feet - Record North 56* 21' 08" East 180.00 feet- to the Easterly line of said Lot "E" distant thereon North 0* 20' 40" East, 1664.64 feet from Corner No. 1 of said Lot "E"; thence along said Easterly line North 0° 12' 22" East 937.37 feet -Record North 0* 15' 51" East 937.31 feet- to corner No. 13 of said Lot "E"; thence along the Southerly line of said Lot "E" South 89* 30' 04" East -Record South 89° 26' 35" East- 783.26 feet; thence North 34* 44* 03" East 663.15 feet to a 2 inch iron pipe with Copper Disc marked RCE 6486; thence North 15° 54' 25" West 630.45 feet to a point in the Southeasterly boundary of land described in deed to Oceanside-Carlsbad High School District recorded November 27, 1970 as File No. 216959 of Official Records; thence along said Southeasterly boundary South 53* 22' 17" West 1166.81 feet to a 2 inch iron pipe with copper disc marked LS 2940 as said pipe is shown on Record of Survey Map No. 6616, filed in the Office of the County Recorder of San Diego County; being also an angle point in the boundary of the land shown on record of survey Map No. 6616, filed in the Office of the County Recorder of San Diego County formed by the courses "North 51" 47' 48" East 1165.49 feet" and "North 4* 20' 50" East 963.88 feet; thence along said boundary South 51* 47' 48" West 1165.45 feet -Record 1165.49 feet- and South 48* 19' 29" West, 404.15 feet to an angle point in the boundary of said Record of Survey No. 6616; thence continuing along said boundary as follows: SAFECO 205 S-632021 Page 2 South 65' 14' 32" West, 387.06 feet; North 77* 48' 20" West 635.06 feet; South 65* 42' 27" West 494.30 feet; South 39* 44' 33" West, 339.77 feet and South 30* 46' 06" West 331.55 feet to the center line of said Road Survey No. 682; thence South 30* 46' 06" West to the Southwesterly line of said Lot "E"; thence South 66* 54* 57" East -Record South 67° 16' 13" East- to the Southwesterly corner of said Wersching'a land; thence North 29* 58' 38" East along the Northwesterly line thereof, 10.06 feet to the True Point of Beginning. PARCEL 2: That portion of Lot "E" of Rancho 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, described as follows: Beginning at Corner No. 1 of said Lot "E" as said corner is shown on Record of Survey Map No. 6169, filed in the Office of the County Recorder of San Diego County; thence to and along the center line of the County Road known as Road Survey No. 682, according to Map on file in the Office of the County Surveyor of said County, North 66" 36' 08" West - Record North 66* 57' 24" West- 1822.60 feet to the most Northwesterly line of land described in deed to Jakob Wersching, et ux, recorded April 10, 1968 as File No. 59408 of Official Records; thence along the North- westerly line of said land North 29" 58' 38" -Record North 29* 37' 22" East 1289.80 feet to the most Northerly corner of said Wersching land; thence South 66* 36' 08" East 500.00 feet to an angle point in the boundary of land described under Parcel 1 of Quit Claim Deed to Thomas E. Burke, recorded June 16, 1967 as File No. 86380 of Official Records; thence along the boundary thereof. South 66* 36' 08" East 259.78 feet; South 89* 00' 59" East -Record South 89* 09* 42" East- 180.00 feet to the True Point of Beginning; thence retracing North 89" 09' 42" West 180.00 feet; North 66* 36' 08" West 259.78 feet; North 66* 36' 08" West 500.00 feet and South 29' 37' 22" West 1330.06 feet to the Southwesterly line of said Lot "E"; thence along said Southwesterly line South 67* 16' 13" East -Record South 67* 10' 00* East- 1164.63 feet; thence North 23* 02' 36" East 33.62 feet, more or less, to the most Westerly corner of that parcel of land conveyed to Carroll R. Kelly and Wife, by deed recorded May 2, 1962 as File No. 75052 of Official Records; thence along the Northwesterly line of said land North 29* 37' 22" East -Record Northeasterly- 1213.60 feet, more or less, to the Easterly line of said Lot "E"; thence Northerly along said Easterly line 320.00 feet to a line which bears North 56* 21' 08" East from the True Point of Beginning; thence South 56* 21' 08" West 180 feet, more or less, to the True Point of Beginning. SAFECO 206 S-632021 Page 3 EXCEPTING that portion lying within a strip of land 60 feet wide East- erly and Southeasterly line of said 60.00 foot strip being described as follows: Commencing at Corner No. 1 of said Lot "E" of said corner is shown on Record of Survey Map No. 6169, filed in the Office of the County Recorder of San Diego County; thence along the Easterly line of said Lot "E"; North 00* 11' 00" West 1509.15 feet and North 00° 06' 00" West 155.43 feet to the most Northerly corner of the land described in deed to Thomas E. Burke, et al, recorded August 4, 1965 as File No. 139037 of Official Records, being the True Point of Beginning of the herein described line; thence along the boundary of said land, retracing along the East- erly line of said Lot "E" South 00* 36' 06" East 155.43 feet and South 00" 11' 00" East 164.57 feet to an angle point in the boundary of said Burke Land; thence continuing along said boundary, South 29* 37' 22" West 1213.60 feet to the Northeasterly line of Road Survey No. 682. The Southerly terminus of the Northwesterly line of said 60.00 foot strip is to be prolonged or shortened so as to terminate in the North- easterly line of said Road Survey No. 682. PARCEL 3: A strip of land 60.00 feet wide lying within Lot "E" of the Rancho 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, the Easterly and Southeasterly line of said 60.00 foot strip being described as follows: Commencing at Corner No. 1 of said Lot "E" as said corner is shown on Record of Survey Map No. 6169, filed in the Office of the County Recorder of San Diego County; thence along the Easterly line of said Lot "E", North OO'll'OO" West, 1509.15 feet and North 00e06'00" West 155.43 feet to the most Northerly corner of the land described in deed to Thomas E. Burke, et al, recorded August 4, 1965 as File No. 139037 of Official Records, being the True Point of Beginning of the herein described line; thence along the boundary of said land, retracing along the Easterly line of said Lot "E", South 00°06'00" East 155.43 feet and South OO'll'OO" East 164.57 feet to an angle point in the boundary of said Burke Land; thence continuing along said boundary, South 29*17'22" West 1213.60 feet to the Northeasterly line of Road Survey No. 682. The Southerly terminus of the Northwesterly line of said 60.00 foot strip is to be prolonged so as to terminate in the Northeasterly line of said Road Survey No. 682. SAFECO