HomeMy WebLinkAboutCT 83-21; TREETOPS UNLIMITED; 90-179984; Public Facilities Fee Agreement/Release90 179984
Recording Requested By
and Return To:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
1098
90 APR -1, Wf 8s 13
V£RA i, i Y< r i
COUNTY f"f.fGRnFft 1
RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES
RF6.00
AR2.00
MQ1.00
PLEASE TAKE NOTICE that the Agreement For Payment of Public Facilities
Fees between the City of Carlsbad and Treetops Unlimited (83-102)
required by an Application for CT-83-21/PUD-57
/0~/0 -S3
and recorded on
, as Document No. 83-363017 is
hereby released for the following reason:
r j Fees Paid and Obligation Satisfied
( 1 Application Withdrawn
TDH Other Superseded by Record # 85-281748
Dated: March 23, 1990
ATTEST:
A LETHAL . RAD TENKRA N Z J
City Clerk
APPROVED AS TO FORM
CITY OF CARLSBAD
By
MARTIN
Community Development Director
.
ment Di
VIWCENT F. BIONDO; JR.
City Attorney
1099
STATE OF CALIFORNIA )
) ss .
COUNTY OF SAN DIEGO )
On March 27. 1990 f before me the undersigned, a
Notary Public in and for said State, personally appeared Aletha L.
Rautenkranz known to me to be the City Clerk
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, California, executed the same.
WITNESS my hand the official seal.
OFFICIAL SEAL
KAREN R. KUNDTZ
NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
SAN OIEGO COUNTY
My. Comm. Exp. Sept 27.1993
•RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad^ California 92008
570 83-363017
•r-
'"•53 CCT ! G fl; g 55
NO FEE
Space above this line for Recorder's use
Documentary transfer tax: $ No fee-'U
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No .167-100-10 , 42 , 43/168-040-12 , 13
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this
by and between
day of
Treetops Unlimited
\nazie af developer-owner)
a Joint Venture
(Corporation, partnership, etc.)
"Developer" whose address is 3900 Harney Street
, hereinafter referred to as
(street
San Diego, Ca. 92110 ' and THE CITY OF
^(Ci ty, state, zip code)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is l^Kr~£Tm Avein
Carlsbad, California, 92008.
WITNESSETH:
*
WHEREAS, Developer is the owner of the real properTy~TTe~rc~r~Ibed
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:
Construction of Multiple Residential Dwelling Units
REV 4-2-82 n~r~C /
; — 571
.on' said Property, whicff'deve lopment carries the pfSposed name of
and is hereafter referred to as "Development"; and
t
.WHEREAS, Developer filed on the «^V day of
19 gj . with the -C-ity a request for Village "O" and "P-l" in Calavera
Hills Tentative Map Approval
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
...;.;.-,;.. . . ... ' •- 572- - ... ...
NOW', THEREFORE, in" con s ider at ion of the recitals and the
covenants contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee
in en 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 of- 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 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 /'oth'er construction
permits", "other construct ion•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 necassary 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-
-..:,-:: . • - -. 573
^ss"^' ,2-. The Developer may offer to donate a site tfr 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
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.entitleraent 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* . m
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.
.; 574
. L " ,,-f*'1 ' "•-.. " '*>•
. • • 6. All obi igat ioiV*"1'hereunder shall t erminn t^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 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..
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
575
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER: TREETOPS UNLIMITED
Pacific Scene Inc.
Vice- P/fcfe sj/<afen t
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
Assistant Secretary
Financial Scene Incorporated
BV£jLs2S*^^2^//^/"Vice-President
City Manager
Attorney
. AL3TRA L. RAU^ENKE&NZ,
•
» *
APPROVED AS TO FORM: APPROVES AS T
V
- -B
ty Attorney
entschke, Assistant
VINCENT F. BIONQO, JR.,
'• City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.) •
-6-
REV A-2-82
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)ss:576
On this 24th day of August , 19 83 before me, the undersigned, a Notary Public in and
for said County and State, personally appeared Gary Carter proved to me on the basis
of satisfactory evidence to be the vice President, and Wilbur E. Johnson >
known to me to be the Assistant Secretary, of PACIFIC SCENE, INC., the corporation
that executed the within instrument otTbehalf of said corporation, said corporation being known
to me to be one of the joint ventures of TREETOPS UNLIMITED, the joint venture that executed the
within instrument, and acknowledged to me that such corporation executed the same, both indi-
vidually and as joint venturer of said joint venture, and that such joint venture also executed
the same.
•WITNESS my hand and official seal.
-Notary'Public in and for said County and State
w
MNMMD COUNTY
My Commission Expires Apr 24, 1987
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)ss:
On this 25th day of August , 1983, before me, the undersigned, a Notary
Public in and for said county and state, personally appeared Brooke Hblloway
known to me to be the
known to me to be the
Asst. Vice President, and
Assistant
M. E. Taylor
Secretary, of FINANCIAL SCENE INCORPORATED,
the corporation that executed the within instrument, said persons being known to me to
be the persons who executed the within instrument on behalf of said corporation, said
corporation being known to me to be one of the joint venturers of TREETOPS UNLIMITED,
the joint venture that executed the within instrument, and acknowledged to me that such
corporation executed the same, both individually and as joint venturer of said joint
venture, and that such joint venture also executed the same.
.WITIvlESS^my hand and official seal.
^Z: )^]^ '
Notary Public in and for said county and state.
OFFICIAL SEAL
LAURA M WITHERS
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My comm. expirss SEP 30, 1985
57
JOB NO.
7649R
LECAL DESCRIPTION FOR-'
PROPOSED VILLAGES N, 0 & P-l RS/dws ,
™'WJ3^{
DATE
8-29-83
SHEET
1 OF 2
FORM 468 P>WCO PRESS
PUNNING CONSULTANTS
AND CIVIL ENGINEERSRICK ENGINEERING COMPANY
8620 FRIARS ROAD . SAN DIEGO, CALIFORNIA 82110
TELEPHONE . AREA CODE 714 . 291-0707
Being a portion of Lots "D" and "J" of Rancho Agua Hedionda, in
the City of Carlsbad, County of San Diego, State of California
according to Map 823, filed in the Office of the Recorder of San
Diego County, said portion more particularly described as
follows:
Beginning at the Northwesterly corner of Record of Survey No.
9336 filed in the Office of the Recorder of said county; thence
along the Northerly line of Lot "J" as shown on said Record of
Survey North 70°04'37" East (Record North 70°04'42" East) 515.00
feet to the TRUE POINT OF BEGINNING, thence continuing North
70°04'37" East 2985.15 feet to the Easterly line of Lot "J";
thence along said Easterly line South 13°27'33" East 353.77 feet
(Record South 13e27'35" East 353.75); thence leaving said
Easterly line North 89°19'04" East (Record North 89°19'07" East)
790.00 feet to an angle point in the boundary of said Record of
Survey 9336; thence along the boundary of said Record of Survey
the following courses. South 13°27'33" East 360.00 feet, South
59°51'59" West (Record South 59°51'57" West) 804.26 feet to a
point in the arc of a non-tangent 2000.00 foot radius curve
concave Southeasterly, a radial line to said point bears North
46°15'36" West (Record North 46°15'10" West); Southwesterly along
said curve through a central angle of 15*42'33" (Record
15°42'39") an arc distance of 548.35, to a point of reverse
curvature with a 50.00 foot radius curve concave Northerly;
Westerly along said curve through a central angle of 79*58'09"
(Record 79"57'49") an arc distance of 69.79 feet; North 72000'00"
West 88.57 feet to the beginning of a tangent 50.00 foot radius
curve concave Southerly and Easterly; Westerly and Southerly
along said curve through a central angle of 129C05'00" an arc
distance of 112.65 feet; South 21°05'00" East 444.98 feet; thence
leaving said boundary South 71*09'49" West 695.83 feet; thence
South 9°46'05M West 323.84 feet to a point in a non-tangent
300.00 foot radius curve concave Southwesterly, a radial line to
said point bears North 31C53'41" East; thence Northwesterly along
said curve through a central angle of 21*07'41" an arc distance
of 110.63 feet; thence North 79°14'00" West 227.57 feet; thence
South 10e46'00M West 30.00 feet; thence North 84e23'13" West
570.03 feet; thence North 73*08'00" West 280.00 feet to an angle
point in the boundary of said Record of Survey 9336; thence along
the boundary of said Record of Survey the following courses,
North 28'37'41" West 482.64 feet; North 70'04'37M East (Record
North 70°04'46" East) 167.64 feet; South 13°46I34" East 176.94
TITLE CO.
REFERENCE
COMPANY
ORDER NO.DATE
DESCRIPTION REVISIONS
• Y DATE
JOB MO.
76A9R
LEGAL DESCRIPTION FOR'
PROPOSED VILLAGES N, 0 & P-l
BY RS/dws
CHK'D.
DATE
2-29-83
SHEET
1 OF 2
4*>e PRESS 5 7.&.
PLANNING CONSULTANTS
AND CIVIL ENGINEERSRICK ENGINEERING COMPANY
8820 FRIARS ROAD . SAN DIEQO. CALIFORNIA 92110
TELEPHONE . AREA CODE 714 . 291-0707
feet (Record 176.97 feet) South 39°00'23" East 372.00 feet; North
85°29'37" East 480.00 feet; North 26°10'23" West 500.00 feet;
North 16°49'53" West 218.38 feet; South 70°04'37" West (Record
South 70°04'46" West) 699.57 feet; North 15'00'DO" West 140.00
feet; North 31°30'00" West 360.00 feet; North 3°30'00" West
190.00 feet; North 43°00'00" West 380.00 feet; North 42°45'55"
West 95.62 feet (Record North 42°46'18" West 95.60 feet) to the
TRUE POINT OF BEGINNING.
Containing 110.512 acres.
TITLE CO.
REFERENCE
COMPANY
ORDER NO.DATE
DESCRIPTION REVISIONS
BY DATE