HomeMy WebLinkAbout1995-08-15; City Council; 13273; APPROVAL OF A PRE-PAYMENT AGREEMENT FOR ALGA ROAD AND POINSETTIA LANE FACILITY FEE PROGRAM SAMBI SEASIDE HEIGHTS - CT 92-02APPROVAL OF A
-PAYMENT AGREEMENT FOR ALGA ROAD AND
POINSETTIA LANE FACIUTY FEE PROGRAM
SAMBI SEASIDE HEIGHTS (CT 92-02)
RECOMMENDED ACTION:
Adopt Resolution No. $%s-a?a approving a Petition, Waiver, and Consent Agreement with
Sambi Seaside Heights, UC for the pre-payment of Facility Impact Fees for the
construction of Alga Road and Poinsettia Lane.
ITEM EXPLANATION:
Sambi Seaside Heights, UC is the developer of Carisbad Tract 92-02 located adjacent to
the west side of Alga Road just north of its intersection with Poinsettia Lane within the
boundaries of Local Facilities Management Zone 20.
The Zone 20 Local Facilities Management Plan (LFMP) requires that prior to the recordation
of any final maps or the issuance of building permits within the zone, a guarantee for the
construction of Alga Road and Poinsettia Lane must be provided acceptable to the City
Council.
Staff for some time has been working with property owners in Zones 5, 19, 20, and 21 to
develop a facility fee program to insure the uttimate construction of these two major
circulation element roads. A final report and documents are currently being prepared
which will be presented for final adoption by the Council within the next several months.
In order to not delay their development, the developer has requested that Council approve
the consent and waiver agreement with prepayment of projected fees.
Under conditions of the agreement, the developer will pm-pay the projected fee prior to
final map approval and agree to pay any additional amount in the future should the fee
exceed that currently projected in the preliminary estimates.
This agreement is similar to agreements previously approved by the City Council for
funding programs being developed for Cannon Road West and Ranch0 Santa Fe Road.
This agreement differs from past agreements in that the developer is required to install a
significant segment of Alga Road and will be eligible for reimbursement for those expenses
when the improvements have been completed and costs confirmed. The agreement
stipulates a 60-day period within which to process the reimbursement.
Development in the southwest quadrant of the Cii has become quite active, which has
lead to acceleration of the Alga Road and Poinsettia Lane finance program. Several other
developments within the area may seek similar pre-payment agreements in the near future.
Page 2 of Agenda Bill No. J$?~B
FISCAL IMPACT:
The funding of Alga Road and Poinsettia Lane is vital to the completion of these significant
major arterial highways. These projects are estimated to cost approximately $15 million
and will serve an estimated 30,000 average daily trips (ADT). This will result in a per trip
fee of approximately $500 per trip payable at the building permit following fee adoption.
The proposed agreement will pm-pay $1305,000. It is expected that a significant portion
of this amount would be reimbursed upon completion of the portions of Alga Road
associated with the project.
It is anticipated that most of Alga Road and Poinsettia Lane will be constructed by
developers with reimbursements made available through the fee program. This will best
reflect a benefii distribution for these major facilities.
EXHIBITS:
1. Location map.
2. Resolution No. -23/ approving a Petition, Waiver, and Consent to Creation
Agreement with Sambi Seaside Heights, UC for the pre-payment of Facility Impact
Fees for the construction of Alga Road and Poinsettia Lane (agreement attached as
Exhibit A).
LOCATION MAP
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CITY OF ocEANSIM I VICINITY
NOT TO SCALE SIT
\ CITY OF ENCINITAS-7-u
PROJECT NAME
SAMBI SEASIDE HEIGHTS
pNR&J;f; EXHIBIT
CT92-02 1
DRAW By: SCOTT EVANS. CARLSBAD ENGINEERING DEPT.
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RESOLUTION NO. 95-231
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CAUFORNIA, APPROVING A PRE-PAYMENT AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND SAMBI SEASIDE HEIGHTS. UC
WHEREAS, the City Council of the City of Carlsbad has required that the funding of Alga
Road and Poinsettia Lane (Project) must be guaranteed before any development takes place in
the area bounded by local Facilities Management Zone 20.
WHEREAS, City staff is actively pursuing formation of a facility fee district to finance the
Project; and
WHEREAS, afthough the Council anticipates the facility fee district will be formed in the
near future, the Council is willing to consider alternative financing proposals during the period
from the present to the formation date of the fee district; and
WHEREAS, such interim financing program will only be considered as long as the Council
finds that the formation of the fee district is proceeding in a reasonable manner; and
WHEREAS, the Council finds that the formation of the fee district is proceeding in a
reasonable manner; and
WHEREAS, the Council finds that the guarantee provisions related to the Project may be
met through an interim financing program using an agreement between certain property owners
and the City whereby the property owner agrees to prepay his/her fair share of the costs
associated with the Project; and
WHEREAS, Sambi Seaside Heights, UC intends to build 120 single-family and 229
multi-family units in Local Facilities Management Zone 20; and
WHEREAS, the Council finds that Sambi Seaside Heights, UC may enter into the
attached Agreement to Pay Fair Share (Exhibit A) in satisfaction of their obligation under the
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Project financing conditions.
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NOW, THEREFORE, BE IT RESOLVED by the Cii Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the form of the PETITION, WAIVER, AND CONSENT TO CREATION OF A
FACILITY IMPACT FEE PROGRAM AND AGREEMENT TO PAY FAIR SHARE, Exhibit A attached
hereto, is hereby approved.
3. That the Mayor is hereby authorized to enter into the agreement shown in Exhibit A
with Sambi Seaside Heights, UC.
4. That the City Clerk is hereby directed to transmit the executed agreement for
recordation with copies to the City Engineer and Mr. Kazuyuki Kawakii, Sambi Seaside Heights,
UC, 8649 Firestone Boulevard, Downey, California 90241.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carisbad City Council
held on the 15th day of AUGUST , 1995 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA L RAUTENKRANZ, City Clerk ww
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD I 1200 Carlsbad Village Drive ) Carlsbad, CA 92008 .
SPACE ABOVE THIS UNE FOR RECORDER’S USE
Parcel No. 214-140-07
PETl7lON, WAIVER, AND CONSENT To CREAmON
OF A FACILITY IMPACT FEE PROGRAM
AND AGREEMENT TO PAY FAIR SHARE CQST OF
ALGA ROAD AND POlNSEl-TlA LANE
(‘AGREEMEN-
A. WHEREAS, the undersigned Property Owner is processing for development within
the City of Carl&ad (‘City’) a development project known and identified as Carisbad Tract 92-02
(‘Project’) more particularly described on Exhibit ‘A’ attached hereto and by this reference made
a part hereof; and
8. WHEREAS, City has determined Project to be located within the boundaries of a
proposed benefit area for a Facility Impact Fee Program to be known as Alga Road and
Poinsettia Lane Facility Fee Program (‘Fee Program’); and
C. WHEREAS, Fee Program is intended to be formed to finance those improvements
generally described in Paragraph 1 below; and
0. WHEREAS, Fee Program may take the form of a bridge and thoroughfare area of
benefit fee (pursuant to Government Code Section 88484 and Cartsbad Municipal Code (CMC)
Section 20.08.140), amendment to the Traffii Impact Fee (CMC Chapter 18.42) a new
Development Impact Fee enacted pursuant to Government Code Section 88000 & set, any
combination thereof, or otherwise; and
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E. WHEREAS, Property Owner desires to proceed with processing of the Project prior
to City determination of the form or establishment of Fee Program; and
F. WHEREAS, the Local Facilities Management Plan for Zone 20 requires a guarantee
for the construction of the segments of Alga Road and Poinsettia Lsne, described in Paragraph 1
below, prior to the recordation of any final maps or the issuance of building permits within the
zone; and
G. WHEREAS, condition number 4 (as that condition relates to the funding and
construction of Alga Road and Poinsettia Lane) of the Tentatlve Tract Map approved for Carisbad
Tract 92-02 requires Property Owner to provide for the construction of certain public
improvements including a section of Alga Road; and
H. WHEREAS, compliance with the applicable Local Facilities Management Plans for
Zone 20 and tentative map conditions is a condition of approval for the final map for the Project;
and
I. WHEREAS, City and Property Owner desire to agree to a guarantee which insures
the project’s fair share of the financing for the improvements described in Paragraph 1 herein that
will allow Property Owner to proceed with the processing of a final map and development of the
Project in advance of the formation of a Fee Program for the construction of Alga Road and
Poinsettia Lane; and
J. WHEREAS, City Council agrees that Property Owner, upon entering into this
Agreement and upon payment of the fair share described herein, has met the requirement set
forth in the Local Facilities Management Plan for Local Facilities Management Plan Zone 20 and
related tentative map condition number 4 (as that condition relates to the funding and
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construction of Alga Road and Poinsettia Lane) for Cartsbad Tract Map CT 92-02, to provide a
financial guarantee for the construction of those improvements described in Paragraph 1 below;
and
K WHEREAS, Property Owner voluntarily enters into this Agreement; and
L WHEREAS, the City Council has determined that due to the size of the Project,
there will be no major impact on the circulation system at the present time if development of the
Project is allowed to proceed with sufficient financial guarantees for actual construction to meet
Property Owner’s fair share of the circulation improvements;
NOW, THEREFORE, in consideration of proceeding with the processing of Project, the
undersigned Property Owner hereby agrees and certifies to the following:
1. Property Owner hereby petitions the City for the initiation of proceedings
of a Fee Program which will cause the construction and installation and/or financing of the
following improvements which are more specifiilly described as follows:
l Alga Road from Poinsettia Lane to Pakwnar Airport Road and
Poinsettia Lane from Alga Road to El Camino Real (Alga Road and
Poinsettia Lsne)
The improvements proposed for inclusion include full width grading
for an 82 foot wide major arterial roadway within a 102 foot wide
road right-of-way, with related drainage improvements, and two 18
foot wide paved travel lanes, median curbs along both edges of a
raised unimproved median strip for Poinsettia Lane from Alga Road
to El Camino Real and Alga Road from Poinsettia Lane to Palomar
Airport Road, all buitt to City of Carkbad major arterial standards.
2. The costs of construction, engineering, design, construction inspection, contract
administration, construction engineering, environmental mitigation, condemnation costs for the
necessary right-of-way and slope easements, legal and other incidental expenses will be funded
by the Fee Program.
3. Property Owner acknowledges its right to notice of and participation in all phases
of the establishment of Fee Program and expressly waives any right to protest or oppose the
imposition or formation of Fee Program. Property Cwne<s waiver of its right to protest
establishment or formation of the Fee Program shall not prevent Property Owner from protesting
the amount of the fee or extent of the improvements for Alga Road and Poinsettia Lane.
4. a) Property Owner agrees to pay to City its fair share for the improvements
described in paragraph one (1) above (‘Depose’), currently estimated to be $500 per ‘Average
Daily Trip’ (‘AOr) allocable to each dwelling unit in the Project. Ten (10) ADT’s are allocable to
each single-family dwelling unit in the Project and six (8) ADT’s are allocable to each mutti-family
dwelling unit in the Project. The total amount of Deposit contemplated under the terms of this
Agreement is estimated to be $1,305,000 (based upon the following calculation: 129 single
family units x 10 ADT/unit x $5OO/ADT + 220 mutti-family units x 8 ADT/unit x $5OO/unit).
b) Prior to the recordation of a final map for any phase or phases within the
Project, Property Owner shall pay the Deposit to City in an amount calculated in accordance with
Paragraph 4.a) above for the number of units proposed within that final map, minus the amounts
of the credits provided for in subparagraphs 4.~) and 4-d) below, to the extent those amounts
have not previously been subtracted from the Deposit. For the purpose of computing the Deposit
amount required pursuant to this Agreement, recordation of all or a krtion of the multi-family lots
shall require full payment of that portion of Deposit allocable to each of the mutti-family units
included with the lot or lots being recorded.
c) Property Owner has, prior to the date of this Agreement, advanced $25,000 in
connection with the preparation of a report that will establish cost estimates for the Fee Program.
This advance was made pursuant to that certain agreement between Property Owner and City
(“Cost Agreement’). All amounts advanced by Property Owner under the Cost Agreement,
including the $25,000 previously advanced, shall be credited against the Deposit.
d) Property Owner is obligated by the conditions 103a and 103b of the tentative .
map for the Project to construct portions of Alga Road, some of which are within the Fee
Program and some of which are not within the Fee Program. Those portions of Alga Road
constructed by the Property Owner which are described in paragraph one (1) and are included
within the Fee Program (Reimbursable Portion) are fully reimbursable pursuant to the provisions
of this paragraph. Those portions of Alga Road constructed by the developer which are not
described in paragraph one (1) or are not included with the Fee Program are not considered
reimbursable. Property Owner and City agree that, for purposes of this Agreement, the dollar
amount of the Reimbursable Portion of the Property Owner’s Alga Road improvement obligation
is estimated at $1,280,000 (‘Reimbursement’). The actual amount of the Reimbursement shall be
determined upon completion of the engineering report for the Fee Program and upon adoption
of the Fee Program by the City Council. Upon substantial completion of any grading work,
improvement, or property acquisition of the Reimbursable Portion of the Alga Road improvement,
City shall within sixty (80) days reimburse Property Owner an amount equal to the cost of the
work as determined by the engineering report used to determine the adopted fee. In the event
that the engineering report is not completed or the Fee Program has not been adopted by the
City at the time of substantial completion of the Reimbursable Portion of the Alga Road
improvements, Ctty shall reimburse Property Owner an amount equal to the estimated cost of the
Reimbursable Portion of improvements constructed by the Property Owner as determined by the
City Engineer. Upon completion of the engineering report and adoption of the Fee Program by
City Council, City shall -determine the actual amount of the Reimbursable Portion of the
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constructed improvements. Any difference in cost between the estimated and actual value of the
Reimbursable Portion of constructed improvements shall be added to or subtracted from the
Deposit due pursuant to paragraphs 8.a) through 8.i) below. If Reimbursement exceeds the
amount of the Deposit previously paid by Property Owner to City, then the excess shall be a .
credit to be applied against Property Owner’s future Deposit obligations. In no case shall th8 City
reimburse the Property Owner pursuant to this Agreement in an amount greater than the amount
of the total fee due under the adopted fee program without first entering into a subsequent
reimbursement agreement between the Clty and Property Owner.
8) The actual amount of Property Owner’s fair share payment under the Fe8
Program shall be conclusively determined by City Council at the time the Fe8 Program is
established.
f) Deposit by Property Owner of its fair share of improvement costs as determined
herein, and the contractual covenant created by this Agreement satisfies Property Owner’s
obligations for the construction of the improvements described in paragraph one (1) above, as
required by the Local Facilities Management Plan for Zone 20 and Tentative Subdivision Map CT
92-02 condition numbers 4 (as that condition relates to the funding and construction of Alga
Road and Poinsettia Lane).
5. Property Owner acknowledges that this Agreement to pay its fair share and
participate in the financing of improvements is voluntary and that without this Agreement Property
Owner would be precluded from obtaining final map approvals or building and other
development per&s under the provisions of the General Plan, Chapter 21.90 of the Cartsbad
Municipal Code, applicable zone plan, financing plans and related documents until a satisfactory
financing program had been developed to fund the construction of the improvements described
in Paragraph 1 above.
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6. Property Owner hereby Waives its right to challenge the establishment or
imposition of Fee Program. Property Owner’s waiver of its right to challenge the establishment
or imposition of Fee Program shall not prevent Property Owner from protesting the amount of
the fee or extent of the improvements for Alga Road and Poinsettia Lane.
7. This Agreement does not affect, in any way whatsoever, the obligation of Property
Owner to pay any other fees or assessments aSSoCiat8d with Property Owner’s development,
nor does this Agreement relieve Property Owner from providing other public facilities required
under conditions of the Local Facilities Management Plan for Zone 20 or placed upon Tentative
Map CT 92-02 by the City.
8. a) If prior to January 1,1999, the Fee Program for Alga Road and Poinsettia Lane
is established, sUbS8qUent to Deposit by Property Owner pursuant to this Agreement, Property
Owner’s financial obligation shall be recalculated at that time, using the fee formula established
under the approved Fee Program. If the initial Fee Program obligation is different from Deposit,
plus accrued interest, amount previously paid by Property Owner to City pursuant to Paragraph
4 hereof, City shall refund any excess, or Property Owner will pay to City any additional amount
due (Shortfall).
b) Any refund shall be made from funds available through the collection of fees
and shall not be an obligation of City’s General Fund or other revenue sources.
c) In the event that insufficient funds are available from the fee revenues, Property
Owner shall be reimbursed in the order in which funds were deposited with City as soon as
sufficient funds become available, as determined by the City Council.
d) No reimbursement is required until the City Council d8t8mIin8S that sufficient
frrnds are available.
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e) If a Shortfall exists, Property Owner shall be notified of the amount of such
Shortfall by the Finance Director via certified mail. The amount of said Shortfall shall be dU8 and
payable to City 30 days after the mailing of such notice. 5
f) The computation of the amount of any Shortfall shall not include interest
charges.
g) if payment in full of the Shortfall is not made by Property Owner within ninety
(go) days of notice of said Shortfall by the Finance Director, the amount due shall constitute a
lien on any portion of the property within the Project for which a building permit has not been
iSSU8d by the City. City may deny the issuance of building permits and/or take any other action
allowed by law to deny further development of Project property subject to this Agreement, and
to collect such Shortfall including, but not limited to, enforcement of the lien on the property.
City’s recordation of a lien shall not affect its ability to recover the Shortfall by other legal means
concurrently, but no double recovery will be allowed. The cost of such collection shall be an
obligation of Property Owner and shall be added to the amount of the Shortfall payment due City.
h) Any payment received by the City under this Agreement shall be deposited in
a special fund and may only be used to fund the construction of the facilities described herein.
Upon the establishment of a Fee Program to fund these same facilities, any amount remaining
in the special fund may be transferred to the Facility Fee Fund, at the discretion of the Finance
Director.
i) On or after the effective date of the Fee Program adopted by City Council, the
Property Owner may elect to terminate this Agreement. The Property Owner shall notify the Clty
of their intent to terminate this Agreement in writing in accordance with the provislons of
paragraph 15 below. Upon receipt of such notification, the City shall review the Deposit account
for the Project and determine the amount of any shortfall or refund due under the provisions of *
this Agreement and the amount of any remaining credits pursuant to paragraph 4.d) above, If
any. Upon payment of the shortfall, if any, by the Property Owner and upon the determination
by the City that the Project is subject to the adopted Fee Program, the City shall file a notice of
release and termination of Agreement with the office of the County Recorder of the County of
San Diego. Termination of this Agreement by the City shall affect onfy those portions of the
Project which have not recorded a final map prior to the filing of the notice of release and
termination of Agr88m8rd. All money or credits received in satisfaction of the terms of this
Agreement for any portion of the Project for which a final map has been recorded prior to
termination of the Agreement shall be considered to have satisfkf the Fee Program requirements
for thOS8 lots or units included within such recorded map. Any additional credits in excess of the
needs created by the recording of a phased final map shall be made available to the Property
Owner for use on the remaining unrecorded portion of the project In accordance with any
provisions for the allowance of credits under the adopted Fee Program.
9. if the Fee Program has not been established for any reason by January 1, 1999,
the amount paid by Property Owner under this Agreement, including any credits or
reimbursements due pursuant to paragraph 4.~) and 4.d) above, shall be deemed to represent
Property Owner’s fair share cost for provision of those facilities described in paragraph one (1)
above and no further payment will be due from or reimbursetnenf due to Property Owner.
10. Compliance with thls Agreement will be accepted by City as an at&mate to the
method described in the current kcai Facilities Management Plan for Zone 20 for financing the
improvements described In paragraph one (1) above. This Agreement does not require City to
issue building permits or other development permits or granf approvats or relieve Property owner
of the obligation to comply with all applicable provisions of law, including but not limited to,
Carlsbad Municipal Code Titles 18, 19, 20 and 21.
11. Compliance with the provisions of this Agreement is a condition of all future
discretionary approvals for the Project. lf Property Owner does not comply with the provisions
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of this Agreement, approval of the Project will not be consistent with the General Plan, the Growth
Management Program, the Local Facilities Management Plan, or the applicable financing plan
for Zone 20 and ail subsequent discretionary approvals and permits for the Proje& shall be
withheld by City.
12. The City may,.at its discretion, elect to pursue any remedy, legal or equitable
against Property Owner or Property Owner’s successors, heirs, assigns, and transferees, with the
exception of owners of individual tots for whkh building permits have been issued, to secure
compliance with this Agreement.
13. City shall not, nor shall any officer or employee of City, be liable or responsible
for any loss or damage incurred by Property Owner or any succes$or or assign of Property
Owner, or by any occupant In Project, as a result of the exercise of any remedies provided to City
in this Agreement. Property Owner agrees to indemnify City for any liabilities incurred by City
as a result of City’s exercise of these remedies.
14. This Agreement and the covenants contained herein shall be binding upon and
inure to the benefit of the successors, heirs, assigns, and transferees of Property Owner and City,
and run with the real property and create an equitable servitude upon the real property.
15. All notices provided for under this Agreement shall be in writing and shall be
delivered in person or served by certified mail postage prepaid. Delivery of notke to Property
Owner shall be presumed to have been made on the date of mailing regardless of receipt by
Property Owner. Notices required to be given to Property Owner shall be addressed as follows:
Mr. Kazuyuki Kawaki
Sambi Seaside Heights, UC
9649 Firestone Boulevard
Downey, CA 99241
Notices to the City shall be delivered to the
.- Finance Director,
City of Carisbad,
1200 Carisbad Village Drive
Carisbad, California, 92009.
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Each party shall notify the other immediately of any changes of address that would require
any notice delivered hereunder to be directed to another address.
16. The obligation and benefits of this Agreement shall be transferred upon sale of the
Project. As used in this Agreement, “Property Owner’ shall be the owner of the real property
which comprises the Proj&t, except as to any real property for which residential permits have
been issued. Notwithstanding any provision of this Agreement to the contrary, upon written
notice to the City pursuant to Paragraph 15 above, all obligations, benefits and responsibilities
of this agreement shall move to the new owner of the real property which comprfses the Project.
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17. The undersigned entity further states, under penatty of perjury, that it is the owner
of the property described herein, or an authorized agent of the owner, and has the authority to
sign this document including the creation of the covenants herein. :
Executed this &day of 3 J I 19&-
PROPERTY OWNER:
SAM61 SEASIDE HEIGHTS, LLC
St,: I20 II . ‘1’0YOflARA --- (print name here)
(title and organization of signatory)
E3y:
(sign here)
(print name here)
(title and organization of signatory)
(Notarial acknowledgment al sxaculion by PROPERTY OWNER must be slttcrched.)
(Presitlent or vice-president and secretary or assistant secretary must sign for corporation. If only one officer signs. the corpomtii
nust Much a rusolution certdied by the secretary or asslstsnt secretary under corporate seal empowerlng thut deicer to blnd the
corpurotion.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
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CALIFORNIA ALL-PURPOarE ACKNOWLEDGMENT NO 5907
State of r/4-r 4 ; r7icL
County of
On
DATE
personally appeared
NER(S)
0 personally known to me - OR - aoved to me on the basis of satisfactory evi ce
to be the perso!,@ whose namew P isJare
subscribed to the within instrument and ac-
knowledged to me that@he/they executed
k@
the same in J53 i her/their authorized
\. capacity
IF
), and that by @erAheir
signature on the instrument the perso&&
tity upon behalf of which the
acted, executed the instrument.
hand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITYCLAIMEDBYSIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S)
DESCRlPTlONOFAllACHEDOOCUMENT
i%474~, IJa&v* [i&5&
TITLE OR TYPE OF DOCUME,rss,i”h,,
q PARTNER(S) 0 LIMITED q GENERAL
0 Al7ORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
c] OTHER:
/3 /@h jG-d!h%
NUMBEFdOF PAGES
s-7-5-
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION l 8238 Aemmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184
EXHIBIT “A”
LEGAL DESCRIPTION >
That certain real property located in the County of San Diego, State of California, described as follows: .
The North half of a parcel of land described as follows:
The South half of the Southeast quarter and the South sixty acres of the North half of the
Southeast quarter of section twenty-one, township twelve south, range four West, San
Bernardino Meridian, in the County of San Diego, State of California, according to the
official plat thereof, approved October 25, 1875, excepting that portion described as
follows:
Beginning at a point 40 rods West of the Southeast comer of said section twenty-one,
township twelve South, range four West, running thence East 40 rods to the Southeast
corner thereof; thence North 20 rods to a point; thence West parallel with the South line
of said section, 18 rods to a point; thence in a direct Southwest line 29 rods to POINT
OF BEGINNING.
Also excepting therefrom that portion thereof, if any, lying within the boundaries of the
Ranch0 Agua Hedionda as shown on miscellaneous Map No. 29 filed in the office of the
County Recorder of said San Diego County on June 21, 1920.
August 23, 1995
Gregory J. Smith San Diego County Recorder Post Office Box 1750 San Diego, CA 92112-4147
Enclosed for recordation is the following described document:
Petition, Waiver, and Consent to Creation of a Facility Impact Fee Program and Agreement to Pay Fair Share CT 92-2, Sambi Seaside Heights
Also enclosed are instructions on how the City is to be billed for the recordation fees incurred.
Thank you for your assistance in this matter.
ALETHA L. RAUTENKRANZ, CMC City Clerk
ALR:ijp
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-I 989 l (619) 434-2808