HomeMy WebLinkAboutCT 91-3; George Wimpey Inc; 1994-0484522; Drainage Fee Agreement/Release-
499 TN # 1~~4-#4B4~?2 09-&K-1994 ,,-,": Ai
RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: City Clerk ; CITY OF CARLSBAD 1 1200 Carlsbad Village Drive ) Carlsbad, California 92008 )
gFFIf--g &vi;i?nc ..L~L.;if\Yr! Mi @IEGO Ct?UNTY REC~~~E~‘S gFFI[; GREGORY S$?!; COUNTY RECORDER RF: FEES: 37. (IF: ii: 00 IF: 1.00
Space above this line for Recorder's use
Parcel Nos. 29a30.34
AGREEMENT TO PAY DRAINAGE FEES AS REQUIRED BY THE GROWTH MANAGEMENT PROGRAM AND THE ADOPTED LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 24
THIS AGREEMENT is entered into this 5* day of 3-dcv
I 19qY by and between George Wimpey, fncorpo)ated, a
Delaware Corporation, hereinafter referred to as "Developer"
whose address is 9171 Towne Center Drive, Suite 355, San Diego,
California 92122-1237 and the CITY OF CARLSBAD, a municipal
corporation of the State of California, hereinafter referred to
as llCityll whose address is 1200 Carlsbad Village Drive, Carlsbad,
California, 92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real property
described on Exhibit @'Al1 attached hereto and made a part of this
agreement, hereinafter referred to as llProperty"; and
WHEREAS, The Property lies within the boundaries of the
City; and
WHEREAS, Developer proposes a development project as
follows:
200 lot, 194 unit residential subdivision on said Property, which
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Development carries the proposed name of Evans Point, CT 91-and
is hereinafter referred to as W1DevelopmentV8; and
WHEREAS, Developer filed on the 20 day of February, 1991,
with the City as a request for a tentative map hereinafter
referred to as llReguestll; and
WHEREAS, on January i3, 1989 Developer entered into an
agreement with the City to pay Public Facilities fees of 3.5
percent of the building permit valuation. A copy of the
agreement is on file with the City Clerk and is incorporated by
this reference.
WHEREAS, Developer and City recognize the correctness of the
Local Facilities Management Plan for Zone 24, on file with the
City Clerk and incorporated by the reference, and that the City's
drainage facilities may be at or near capacity in the drainage
sub-basin where this development is located, and may not be
available to accommodate the additional drainage demands on such
facilities and services resulting from the proposed Development;
and
WHEREAS, said plan for Zone 24 requires that all public
facilities, including drainage, necessary to serve a development
will be available in conformance with the City's adopted
performance standard (said Zone Plan is on file with the City
Clerk and is incorporated by this reference); and
WHEREAS, Developer has asked the City to find that drainage
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
AGREEMENTS AG-9.frm 2 REV. 10/29/92
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such services and facilities; and therefore, Developer proposes
to satisfy the Local Facilities Management Plan for Zone 24 by
the payment of drainage fee.
NOW, THEREFORE, in consideration of the recitals and the
covenants contained herein, the parties agree as follows:
1. That the foregoing re6zital.s are true and correct.
2. The Developer shall pay to the City a drainage fee as
required by the Local Facilities Management Plan for Zone 24 as
may be detailed in said plan and incorporated by reference and as
determined through the revised Master Drainage Plan necessary to
provide drainage facilities in conformance with the City's Growth
Management performance standard. This drainage fee shall be in
addition to any fees, dedications or improvements required
pursuant to Titles 18, 20 and 21 of the Carlsbad Municipal Code.
3. This agreement and the drainage fee paid pursuant
hereto are required to ensure the consistency of the Development
with the City@s General Plan, the Growth Management Program and
the Local Facilities Management Plan for Zone 24. If the fee is
not paid as provided herein, the City will nut have the funds to
provide drainage facilities and services, and the Development
will not be consistent with the General Plan, the Growth
Management Program or the Local Facilities Management Plan for
Zone 24 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 drainage facilities fee is paid
or this agreement is executed.
4. That Developer agrees to pay the drainage fees
identified by the City Council as necessary to pay for the cost
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of providing the drainage improvements or facilities which are
required by the Growth Management Program and the revised Master
Drainage Plan, or any other provision of Chapter 21.90 of the
Carlsbad Municipal Code, or any other provision of law. Payment
shall be due 30 days from the date the drainage fee is
established. Developer hereby waives his right to challenge said
drainage fees. Developer further waive8 any rights to pay the
drainage fees referred to herein under protest and that any
protest shall immediately subject the project to the provisions
of Section 21.90 of the Carlsbad Municipal Code, or any provision
of law.
5. Developer agrees to construct, or participate in
financing the construction of public facilities and improvement
identified in the citywide facilities and improvements plan or
the Local Facilities Management Plan to the extent that those
facilities or improvements are allocated to Developer's property
or project and are not financed by the fees referenced hereto.
6. City agrees to deposit the drainage fees paid pursuant
to this agreement in a drainage fund for the financing of
drainage facilities as needed in the City of Carlsbad when the
City Council determines the need exists to provide the facilities
and sufficient funds from the payment of this and similar fees
are available.
7. Subject to paragraphs 3 and 4, the City agrees to issue
building and other development permits pursuant to the provisions
of the Carlsbad Municipal Code Title 18, 20, and 21to the extent
such permit comply with applicable provisions of law.
8. In the event that the payment required by this
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agreement is not made when due the City may pursue any remedy,
legal or equitable (including those specifically referred to
herein), against the Developer and the Developer's successors,
heirs, assigns and transferees. Without waiving its rights under
the section, City, upon request of Developer, may allow
additional time to pay the drainage fee.
9. In addition to the other remedies available to the
City, it is hereby agreed that if Developer does not pay the
drainage fees specified by this agreement the City may revoke the
building permit for the project or may deny or revoke a
Certificate of Occupancy for the project or both upon 15 days
written notice to Developer of the revocation or denial.
10. Any notice from one party to the other shad1 be in
writing, and shall be dated and signed by the party giving such
notice or by a duly authorized representative of such part. Any
such notice shall not be effective for any purpose whatsoever
unless served in one of the following manners:
10.1. If notice is given to the City by 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 and prepared and
certified.
10.2. 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 indicated in this agreement or at
another place as designated to the City by the Developer in
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writing, postage prepaid and certified.
11. The City shall not, nor shall any officer, employee of
the City, be liable or responsible for any loss or damage
happening or occurring to Developer's building for the exercise
of any of the remedies provided to the City pursuant to this
agreement, regardless of the nature of the loss or damage.
12. This agrement and the covenants contained herein shall
be binding upon and enure to the benefit of the successors,
heirs, assigns and transferees of Developer and shall run with
the real property and create an equitable servitude upon the real
property.
13. 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 and appropriate
fee paid to record a release, City shall record the release.
14. The prevailing party in any dispute between the parties
shall be the right to recover from the non-prevailing party all
costs and attorney's fees expanded in the course of such dispute.
15. Except as otherwise provided herein, all notices
required or provided for under this agreement shall be in writing
and shall be delivered in person or served by certified mail
postage prepaid.
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Delivery of notice to Developer shall be
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presumed to have been made on the date of mailing regardless of
receipt by Developer. Notices required to be given to Developer
shall be addressed as follows:
9171 Towne Center Drive, Suite 355 San Diego, California 92122-1237
Executed by Developer this / day of Jm’ ,
1994.
DEVELOPER:
GEORGE WIMPEY, INC.
CITY OF CARL&BAD, a municipal corporation of the State of California .
~ Yert ,w* - print name here)
Vice President - Land Division (title and organization of signatory)
(Proper notarial acknowledgement of execution by DEVELOPER must be attached)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM: RONALD R. BALL City Attorney
By: - Deputy Cityqttorney
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. . CA’LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
506
No. 5907
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On ($A\/ 3 \ rY!CI
D/SE
before me,i)&e& b-th~~! M--G+ Y YohJf,G
NAME, TITLE OF OFFICER - E.G., ‘JANE DOE, NOTARbjPUPUBLIC
personally appeared ~&CT cc, - ~&f-q , v. P.
NAME(S) d SIGN&(S) I
personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITqSS my hand afiofficial seal.
v SIGNATURE OF NOTARY
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.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
w CORPORATE OFFICER \ \I .Q-
TITLE(S)
0 PARTNER(S) 0 LIMITED q GENERAL
0 ATTORNEY-IN-FACT
[7 TRUSTEE(S)
i ~;;;;lAN/CONSERVATOR
DESCRIPTION OF ATTACHED DOCUMENT
rCqln9qe-J
TITLE OR TYPE OF(DO&MENT
7
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIl-Y(IES)
C--r9 Cl SIGNER(S) OTHER THAN NAMED ABOVE
91993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184
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State of California
County of San Diego
On August 3, 1994 before me, Aletha L. Rautenkranz, City Clerk, personally appeared . Martin Orenvak.atv Development Director personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal (SEAL)
(Signature)
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EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT "F" OF RANCH0 AGUA HEDIONDA, PARTLY WITHIN 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 SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
COMMENCING AT POINT 1 OF SAID LOT "F" AS SHOWN ON SAID MAP, SAID POINT 1 BEING SOUTH 74O13'29' EAST, 366.11 FEET FROM CENTER LINE STATION 414 PLUS 24.79 OF ROAD SURVEY NO. 1800-1, AS DESCRIBED IN THAT CERTAIN DEED TO THE COUNTY OF SAN DIEGO, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JANUARY 14, 1970 AS FILE NO. 7225 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY LINE OF SAID LOT 'IF" SOUTH 25OO0'29" EAST, 25O33'56" EAST; 229.00 FEET PER DEED) 229.43 FEET (RECORD SOUTH TO POINT 23 OF SAID LOT, BEING THE NORTHERLY CORNER OF LANDS GRANTE; BY CHARLES KELLY AND WIFE, TO ELMER U. CARPENTER BY DEED, RECORDED JUNE 1, 1937 IN BOOK 662, PAGE 75 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE SOUTH llO48'43" WEST, 14.39 FEET (RECORD SOUTH llO55'07" WEST, 14.42 FEET PER DEED), ALONG THE WESTERLY BOUNDARY OF SAID CARPENTER LAND TO THE SOUTHWESTERLY LINE OF EL CAMINO REAL, AS SHOWN ON SAID ROAD SURVEY NO. 1800-l; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY OF SAID CARPENTER LAND SOUTH llO39'13" WEST, 300.69 (RECORD SOUTH 11°55'07" WEST, 301.18 FEET PER DEED); THENCE SOUTH 42O29'10" WEST, 373.91 FEET (RECORD SOUTH 42O59'32' WEST, 374.50 FEET PER DEED), TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 42O38'34" WEST, 937.98 FEET (RECORD SOUTH 42O24'42' WEST, 938.72 FEET PER DEED), TO THE BEGINNING OF A TANGENT 6Op.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A.CENTRAL ANGLE OF 26OOO'25", A DISTANCE OF 272.35 FEET (RECORD 269.80 FEET PER DEED); THENCE TANGENT TO SAID CURVE SOUTH 16O38'09" WEST, 386.23 FEET (RECORD SOUTH 16O38'52" WEST, 386.15 FEET PER DEED), TO THE MOST WESTERLY CORNER OF LAND CONVEYED TO JAMES A. DYE, ET UX, BY DEED FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 31, 1969 AS FILE NO. 236219 OF OFFICIAL RECORDS; THENCE SOUTH 89O59'34' WEST, 1,548.97 FEET TO A POINT ON THE BOUNDARY LINE OF SAID LOT "F" BETWEEN POINTS 4 AND' 5 OF SAID LOT; THENCE ALONG SAID LINE NORTH OOO11'52" EAST (RECORD NORTH OO"12'OO' EAST PER DEED), 2,122.OO FEET TO SAID POINT 4 OF LOT "F".
PER DEED),' THENCE NORTH 82OO1'27' WEST (RECORD NORTH 81O59'35" WEST 240.34 FEET TO A POINT ON A LINE DRAWN PARALLEL WITH AND DISTANT 100.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE COMMON BOUNDARY LINE BETWEEN LOTS “F” AND "I"; THENCE ALONG SAID PARALLEL LINE NORTH OlO55'36" WEST, 450.06 (RECORD NORTH OlO38'25" WEST,
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445.00 FEET PER DEED); THENCE LEAVING SAID F;LRALLEL LINE NORTH 55O56'14" WEST, 123.59 FEET (RECORD SOUTH 55O33'25" EAST PER DEED), TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO MARVIN H. SIPPEL, ET UX, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 13, 1962 AS FILE NO. 193941' OF OFF'ICIAL RECORDS; THENCE ALONG SAID COMMON LINE BETWEEN LOTS I AND F, NORTH OlO55'56" WEST (RECORD SOUTH OlO54'38" WEST PER DEED), 670.29 FEET TO A POINT IN THE SOUTHWESTERLY BOUNDARY OF EL CAMINO REAL, AS SHOWN ON SAID ROAD SURVEY NO. 1800-1, SAID POINT ALSO BEING A POINT ON THE ARC OF A NON-TANGENT 6,945.OO FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID CURVE BEARS SOUTH 23O39'21" WEST; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF OO"15'21", A DISTANCE OF 31.02 FEET; THENCE SOUTH 23O24'00" EAST, 18.00 FEET; THENCE SOUTH 66O36'00" EAST, 150.00 FEET; THENCE NORTH '23O24'00" EAST, 18.00 FEET; THENCE SOUTH 66O36'00" EAST, 1,428.64 FEET TO THE BEGINNING OF A TANGENT 14,955.OO FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02O39'31", A DISTANCE OF 693.95 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE SOUTH 28O48'15" WEST, 178.56 FEET (RECORD SOUTH 28O53'52" WEST, 178.31 FEET PER DEED); THENCE SOUTH 17O30'06" EAST, 278.47 FEET (RECORD SOUTH 17O24'23" EAST, 278.57 FEET PER DEED); THENCE SOUTH 29O38'12" EAST, 399.10 FEET (RECORD SOUTH 29*42'33" EAST, 399.26 FEET PER DEED); THENCE SOUTH 54O46'09" EAST 606.05 FEET (RECORD SOUTH 54O36'44" EAST, 601.95 FEET PER DEED), TO THE MOST WESTERLY CORNER OF SAID CARPENTER LAND, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING.
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