HomeMy WebLinkAboutCT 85-20; NATIVE SUN DEVELOPMENT CO; 86-219010; Public Facilities Fee Agreement/ReleaseRecording Requested By
and Return To:
THE CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
0- 1634
^6-219010
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| VERAL.LYLE 1
[ COUNTY RECORDER |
RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES
PLEASE TAKE NOTICE that the Agreement For Payment Of Public
Facilities Fees between The City of Carlsbad and
Native Sun Development Company
required by an Application for Zone Change. Tentative Man and
Condominum Permit - CT 85-20/CP-318/ZC-334 and recorded on
August 6, 1985 as Document No. 85-281743
RF6.00
AR2.00
MG1.00
is hereby released for the following reason:
l~l Fees Paid and Obligation Satisfied
/xx7 Application Withdrawn
l~7 Other
DATED: May 15. 1986
ATTEST:
ALETHA L. RAUTENKRANZ,
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
By
CITY OF CARLSBAD
By.
FRANK D. ALESHIRE,
City Manager
TAta
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) * ^163$
On x^9<^s o-^ X-^/^ / before me the undersigned, a Notary
Public in 6ma far 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.
WITNESS my hand and official seal.
******************************
* ^eSft^ OFFICIAL SEAL J* X5*3v *wrrii.««i* aEiii* jg ,_r__i ^^^^
KAREN R. KUNDTZ $ NpTARY
NOTARY PUBLIC-CAUFOftNIA J -/
CAIU rvr/Tin /^m IWTV 11,SAN DSEGO COUNTY *
^ My C*mm. Exp. Se»t. 27. 1989 $
******************************
639
RECORDING REQUESTED BK AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
..ur;c;pp;is i
eSS AUG -6 PM 12- 00
VKPA L.LV! F
Space above this 1 ine If d*wlRefci3)U<i'eir{ ns hse1 _T
Documentary transfer tax: $ No fee
__, l\t\l j^l
Signature of declarant determining
tax-firm name
City of Carlsbad / /-J / /
Parcel No. 214-170-17, 21 & 22
21fi-i5n-cn . ns ^ ]2
NO FEE
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this
by and between
NATIVE SUN DEVELOPMENT COMPANY
day of June 19 85
i nn
(Corporat ion, partnership, etc.)
"Developer" whose address is
110 F.gnnnrH dn Av^. . Suite 103
(NameofDeveloper)
, hereinafter referred to as
(Street)
Vi s-ha . fA
(City, State, Zip Code)
and the Savage Revocable Inter-Vivos Trust, William C. Sjavj
(Nameof Legal Owner)
» hereinafte
(Corporat ion, etc.)
"Owner" whose address is
P_n_ Rnv 771
(Street)
Rannhn San-he Fe. CA 92067
(City, 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
RECITALS '
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: Zone Change,
Tentative Subdivision Map & Condominium Permit for 314 Units
on said Property, which development carries the proposed name of
Montecito Cove
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 28th day of June ,
19 85 , with the City a request for Zone Change, Tentative Subdivision
Map & Condominium Permit to develop 314 units
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 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
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 fees, dedications or improvements
required pursuant to- Titles 18, 20 or 21 of the Carlsbad Municipal
Code. Developer and Owner shall 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
--•- 642
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 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-
REV 4-2-82
- 643
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 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.
-5-
REV 4-2-82
644
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
v^ 645'-I"
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER:
Savage revocable inter-vivos trust
_ Wi1liam C. Savage
iNameT"
(Signature)
(Name)
(Signature)
(Name)
(Signature)
ATTEST:
ALE/HA L .
CLvc y Clerk
APPROVED AS TO
DEVELOPER:
Native Sun Development Company
BY
TITLE
CITY OF CARLSBAD, a municipal
corporation of the
State of California
tyAttorn«y
VINCENT F. BIONDO, JR.;
City At torney
/\J>6rifol66.-*te6tschke. Assistant
(Notarial acknowledgement of execution by DEVELOPER and OWNER must be
at t ached. )
-7-
REV 4-2-82
STATE OF CALIFORNIA _. 'COUNTY OF -JfaJ LSI £ C t>
(SS.646
Fc050
e ail E— o
1 1
On_
said State, personally appeared__
_, before me, the undersigned, a Notary Public in and for
/f- /*7/3v<?.«Xg i/ and
_, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person^who executed the within instrument as_
President andji ctaa!-QfLi3£faalLQ
the corporation therein named, and acknowledged to me that
o « such corporation executed the within instrument pursuant to its
| by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.CO
CD
CM
O
Signatured z:.^(This area for official notarial seal)
(Individual)
STATE OF CALIFORNIA
rnriNTY OF SAN DIEGO
nn June 27 , 1985
I ss.
before me, the undersigned, a Notary Public in and for said State,
WILLIAM C. SAVAGE
i
to be the person whose name 1 S
\ to the within instrument and acknowledged1 executed the same.
WITNESS my hand afid official seal.
_£/ '^—-Sl't^/
Signature <=:>f\^-£^^^^^K=^
1 Karen M. SieverS
jersonallv appeared
known to me.
subscribed
that he \
Li^^v-c-t- ;
.
X0C°J^v OFFICIAL SEAL ;
^.jpAVk KAREN M. SIEVERS
U?O«SSrcTO Notary Public-California
Wj£y*lKf/3 Principal Office In
V^^^^^y' San Diego County ,
^g!jS&/ My Comm. Exp. Oct. 21, 1988 ;
Name (Typed or Printed)
SF-423-4 (6/74)(This area for official notarial seal)
LEGAL DESCRIPTION/^ ' > """
ORDER NO. 895213-6^ fiMftlBIT "A"
page 1 of 3
The land referred to herein is situated in the State of California, County of
San Diego, and is described as follows:
PARCEL B:
Lots 1 and 4 of Section 33 in Township 12 South, Range 4 West, San Bernardino
Base and Meridian, in the City of Carlsbad, County of San Diego, State of
California, according to the Official Plat thereof.
ALSO that portion of the Southwest Quarter of the Southeast Quarter of Section
28 in Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the
City of Carlsbad, County of San Diego, State of California, according to the
Official Plat thereof described as follows:
Beginning at the Southeasterly corner of said Southwest Quarter of the Southeast
Quarter of Section 28; thence along the East line of said Southwest Quarter of
the Southeast Quarter North 0°12'25" West 746.00 feet; thence South 89°47'35"
West 334.09 feet; thence North 43°15'25" West 205.17 feet; thence South
89°47'35" West 475.16 feet more or less, to the Easterly line of that land
described in Deed to A. H. Vail, recorded January 31, 1890 in Book 157, page 493
of Deeds; thence along the Easterly line of said Vail's land South 23°47'15"
East (Record magnetic bearing South 38°20' East) 140.86 feet to an angle point;
thence along said Easterly line South 17022'15" East 477.94 feet (Record South
31°55'00" East, 483.89 feet); and thence South 18025'45" West, 322.56 feet
(Record South 03°46fOO" West, 326.50 feet) to the Southerly line of said
Southwest Quarter of the Southeast Quarter; thence along said Southerly line
South 89°54'14" East, 855.00 feet more or less, to the Point of Beginning.
EXCEPTING THEREFROM those portions designated by the California State Highway
Department for freeway and service-road purposes, legally described below as
Parcel 1 and Parcel 2A, respectively.
PARCEL 1:
Beginning at the North Quarter corner of said Section 33; thence along the North
line of said Section 33, South 89C11'06" East, 263.68 feet to a line bearing
North 32°46'41" West, from a point being at coordinate Y=339,009.75 and
X=l,677,698.92 feet; thence along said line South 32°46'4l" East, 561.91 feet to
last said point; thence South 36°16'49" East, 353.55 feet; thence South
25°27'58" East, 88.85 feet to the Southeasterly line of said Lot 1; thence along
last said lot line and also the Southeasterly line of said Lot 4, South
33°09'27" West, 817.12 feet to a line bearing South 31°00'45" East from a point
being at coordinates Y-338,287.45 feet and X=l,677,302.83 feet; thence along
last said line North 31°00'45" West, 381.54 feet to last said point; thence
North 18°04'10" West, 457.06 feet; thence North 25°07'11" West, 43.40 feet to
the Westerly line of said Lot 1; thence along said lot line North 0°54'54" West,
724.72 feet to the Point of Beginning.
, LEGAL DESCRIPTION
ORDER NO. 895213-6 continued,
page 2 of 3
648
PARCEL 2A:
A strip of land 60 feet wide, the center line of said 60 foot strip being
described as follows:
Beginning in the West line of the East Half of Section 28, Township 12 South,
Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County
of San Diego, State of California, according to the Official Plat thereof
distant Northerly along said West line 1926.32 feet from the Southwest corner of
the Northwest Quarter of the Southeast Quarter of said Section 28, said Point of
Beginning being at coordinates Y=342,771.44 feet and X=l,677,158.09 feet; thence
along said East line South 0°28'30" West, 743.06 feet; thence along a tangent
curve concave to the East having a radius of 1000 feet through an angle of
21°25f27" a distance of 373.92 feet; thence tangent to last said curve South
20056'57" East, 3088.43 feet to a point distant 30.00 feet at right angles from
the South line of Lot 1 of Section 33 of said Township 12 South, Range 4 West;
thence parallel to said lot line North 69°05'40" West, 100.00 feet to a point,
last said point being distant for reference South 80°08'25" East, 156.58 feet
from an angle point in the Southerly line of said Lot 1, last said angle point
being the Westerly terminus of that course shown as "North 69°58'02" West,
454.38 feet" on Record of Survey Map No. 1676 filed November 26, 1947 in the
Office of the Recorder of San Diego County.
ALSO EXCEPTING THEREFROM that portion of Lot 1 of Section 33 which lies
Southwesterly of the Southwesterly right of way line of the San Diego Freeway.
PARCEL C:
All that portion of the Southwest Quarter of the Southeast Quarter of Section 28
in Township South, Range 4 West, San Bernardino Base and Meridian, in the City
of Carlsbad, County of San Diego, State of California, according to the Official
Plat thereof, lying Northerly and Northeasterly of the following described line:
Beginning at the Southeasterly corner of said Southwest Quarter of the Southeast
Quarter of Section 28; thence along the East line of said Southwest Quarter of
the Southeast Quarter, North 0°12'25" West, 746.00 feet to the True Point of
Beginning of the herein described line; thence South 89°47'35" West, 334.00
feet; thence North 4°15'25" West, 205.17 feet; thence South 89°47I35" West,
475.16 feet, more or less, to the Easterly line of that land described in Deed
to A. H. Vail, recorded January 31, 1890 in Book 157, page 493 of Deeds; thence
along the Easterly line of said Vail's land, North 23°47'15" West, (Record
magnetic bearing North 38°20' West), 456.25 feet to the Northerly line of the
Southwest Quarter of the Southeast Quarter of said Section 28.
EXCEPTING therefrom that portion of said land lying within a strip of land 60.00
feet wide, the centerline of said 60 foot strip in the aforesaid lands is
particularly described as follows:
LEGAL DESCRIPTION**"
ORDER NO. 895213-fc«*"
/**>,
"A" v^ 649
continued
page 3 of 3
Beginning in the West line of the East Half of Section 28, Township 12 South,
Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County
of San Diego, State of California, according to the Official Plat thereof
distant Northerly along said West line 1926.32 feet from the Southwest corner of
the Northwest Quarter of the Southeast Quarter of said Section 28 said Point of
Beginning being at coordinates X=l,677,158.09 feet and Y=342,771.44 feet; thence
along said East line South 00°28'30" West, 743.06 feet; thence along a tangent
curve concave to the West having a radius of 1000 feet through an angle of
21°25'27" a distance of 373.92 feet; thence tangent to last said curve South
20C56'57" East, 3088.43 feet to a point distant 30.00 feet at right angles from
the South line of Lot 1 of Section 33 of said Township 12 South, Range 4 West
thence parallel to said Lot line North 69°05'40" West, 100.00 feet to a point,
last said point being distant for reference South 8°08'25" East, 156.58 feet
from an angle point in the Southerly line of said Lot 1 last said angle point
being the Westerly terminus of that course shown as "North 69°58'02" West 454.38
feet" on Record of Survey Map No. 1676 filed November 26, 1947 in the Office of
the Recorder of San Diego County as granted to the State of California by Deed
recorded August 8, 1961 as File No. 136233 of Official Records.
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