HomeMy WebLinkAboutCT 98-02; Colina Roble LLC; 1998-0112197; Public Facilities Fee Agreement/Release. *
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1712 ofT1c1AL ItEams SAN DIEGO coLR(Ty RECORDER’S OFFICE GREGORY ;iEWH, COUf~oRECORDER . . .
DOC ” 1998-0112197
Mf9R 03:. 1998 2:09 PM
I IllIll II111 III lllll III ll~[j~l!j[ lllll Ill11 lllll lllll Ill1 llll RECORDING REQUESTED BY AND )
WHEN RECORDED h4AIL TO: 1
) City Clerk
CITY OF CARLSBAD ; 1200 Carlsbad Village Drive 1 Carlsbad, California 92008- 1989 ) z/l /
Space above this line for Recorder’s use
v /a- P~celNo. 255-040-55
c-7481 02
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
a& THIS AGREEMENT is entered into this 2/ - J day of 4 rhw Y J9~
by and between (name of developer) coL1NA RoBLE * LLc
a (corporation, partnership, etc.) Limited Liability Compaq$tereinafter referred to as “Developer”
whose address is (street, ciq, state, zip code) 3573 E* Su*rise Dr* 3 j221 9 Tucso** AZ 85718
and(numeoflegaZowner) ~iq,a&&gcmerties Partnership
a (individual, corporation, etc.) Partnership , hereinafter referred to as “Owner”
whose address is (street, city, state, zip code) P- 0. Box 998 I Dixon I CA 95620
the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as
“City”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008- 1989.
Form Approved By City Council July 2,1991
Resolution No. 91-194KJH
1 Form 18A
Per Jane Mobaldi, Rev. 01/l l/96
-
RECITALS
A
1723
WHEREAS, Owner 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 has contracted with Owner to purchase the property and proposes a
development project as follows: A 28 unit, Single Family Subdivision
on said Property, which development carries the proposed name of
COLINA ROBLE
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the 2 / yf day of + , 19 $?r, with the
City a request for EI*, Hillside Development Permit, Special Use Permit (flood plain),
Tentative Map, and Varianceh ereinafter 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 July
2, 1991, on tile 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 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 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 and Owner propose to help
satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee.
Form Approved By City Council July 2, 199 1
ResolutionNo. 91-194KJH
2 Form 18A
Per Jane Mobaldi, Rev. 01/l l/96
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 1.82% 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 1.82% 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 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 the City a public
facilities fee in the sum of $598 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 2 1 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 offer
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 bec0me.a part of this
agreement. Sites donated under this paragraph shall not include improvements required pursuant to
Form Approved By City Council July 2, 1991 3 Form 18A
Resolution No. 9 1 - 194/KJH Per Jane Mobaldi, Rev. 01/l l/96
I
1715
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 suffkient 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.
6. All obligations hereunder shall terminate in the event the Request made by Developer is
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 many have been designated, postage prepaid and certified.
Form Approved By City Council July 2, 199 1
Resolution No. 91-194KJH ,
4 Form 18A
Per Jane Mobaldi, Rev. 0111 l/96
. 1716
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 City, and references to Developer, Owner
or City herein shall be deemed to be a 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 to 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 in the
Property. When the obligations of this agreement have been satisfied, City shall record a release.
. . .
Fom Approved By City Council July 2, 1991
Resolution No. 91-194KJH
5 Form ISA
Per Jane Mobaldi, Rev. 01/l l/96
. . . 1713
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the
date first written above.
OWNER:
WIEGAND PRcQPERTIES PaTN
(print nkrie)
(title)
BY:
(signature)
(print name)
(title)
DEVELOPER:
(signature)
I2 VI0 AA- 0 tip-63
(print name)
II 4nrqcf
(title and ofganization of signatory)
By:
(signature)
(print name)
(title and organization of signatory)
Form Approved By City Council July 2,199l
Resolution No. 91- 194KJH
CITY OF CARLSBAD, a municipal corporation
of the State of California
AT-EST:
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
(Notarial acknowledgment of execution of
DEVELOPER and 0 WNER 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 certitied
by the secretary or assistant secretary under
corporate seal empowering that officer to
bind the corporation)
6 Form 18A
Per Jane Mobaldi, Rev. 01/l l/96
, . t c .
,
LEGAL DESCKIPTION
ORDER NO. 1151497-22
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
THAT PORTION OF LOT 13 OF THE SUBDIVISION OF RANCH0 LAS ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, JUNE 27, 1898, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 13, WHICH IS
DISTANT THEREON NORTH 2O50'30" WEST 1323.85 FEET FROM THE
SOUTHWESTERLY CORNER OF SAID LOT 13; THENCE NORTH 87OO3'55" EAST
1792.90 FEET TO THE CENTER LINE OF THE COUNTY ROAD KNOWN AS ROAD SURVEY NO. 454-A, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED DECEMBER 19, 1930 IN BOOK 1839, PAGE 356 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID CENTER LINE AS FOLLOWS: NORTH
36O53'23" WEST - RECORD NORTH 37OOl' WEST - 395.54 FEET TO THE
BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE 291.91 FEET
THROUGH AN ANGLE OF 16O43'30"; THENCE TANGENT TO SAID CURVE NORTH
2OOO9'53" WEST 768.03 FEET - RECORD NORTH 2OO17'30" WEST 764.26 FEET
- TO THE NORTHERLY LINE OF SAID LOT 13; THENCE ALONG SAID NORTHERLY
LINE, SOUTH 87OO3'30" WEST 1216.69 FEET TO THE NORTHWESTERLY CORNER OF
SAID LOT 13; THENCE ALONG THE WESTERLY LINE OF SAID LOT, SOUTH
2O50'30" EAST 1323.84 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF LOT 13 OF THE SUBDIVISION OF RANCH0 LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1890, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 13, SAID NORTHWEST
CORNER BEING THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG THE
NORTHERLY LINE OF SAID LOT 13 NORTH 87OO3'30" EAST, 1,216.68 FEET TO THE CENTERLINE OF ROAD SURVEY 454-A AS DESCRIBED IN DEED TO THE COUNTY
OF SAN DIEGO RECORDED DECEMBER 19, 1930 IN BOOK 1839, PAGE 356 OF DEEDS, RECORDS OF SAID COUNTY, ALSO KNOWN AS RANCH0 SANTA FE ROAD; THENCE LEAVING SAID NORTHERLY LINE OF LOT 13 SOUTHERLY ALONG THE CENTERLINE OF SAID ROAD SURVEY 454-A SOUTH 2OOO9'53" EAST, 280.84 FEET; THENCE LEAVING SAID CENTERLINE OF ROAD SURVEY 454-A WESTERLY ALONG A LINE PARALLEL TO SAID NORTHERLY LINE OF LOT 13 SOUTH 87OO3'30"
WEST, 518.71 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTHERLY SOUTH
T:04/10/97 08:55:04 v: / / : : JL 00 PAGE 7
* . . -’
L
h
ORDER NO. 1151497-22
02O56'30" EAST, 150.00 FEET; THENCE WESTERLY ALONG A LINE PARALLEL TO
SAID NORTHERLY LINE OF LOT 13 SOUTH 87OO3'30" WEST, 291.59 FEET;
THENCE LEAVING SAID PARALLEL LINE NORTHERLY NORTH 02O56'30" WEST,
150.00 FEET; THENCE WESTERLY ALONG A LINE PARALLEL TO SAID NORTHERLY
LINE OF LOT 13 SOUTH 87OO3'30" WEST, 490.00 FEET TO THE WESTERLY LINE OF SAID LOT 13; THENCE LEAVING SAID PARALLEL LINE NORTHERLY ALONG SAID
WESTERLY LINE OF SAID LOT 13 NORTH 02°50'30" WEST, 268.25 FEET TO THE
TRUE POINT OF BEGINNING.
PARCEL B:
AN EASEMENT FOR PUBLIC UTILITIES AND RIGHT-OF-WAY FOR ROAD PURPOSES, OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 80 FEET WIDE OF THAT PORTION OF LOT 13 OF THE SUBDIVISION OF RANCH0 LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1890, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 13, SAID NORTHWEST CORNER BEING THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 13 NORTH 87OO3'30" EAST, 80.00 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTHERLY ALONG A LINE PARALLEL TO THE WESTERLY LINE OF LOT 13, SOUTH 02°50'30" EAST 268.25 FEET; THENCE WESTERLY ALONG A LINE PARALLEL TO SAID NORTHERLY LINE OF LOT 13, SOUTH
87OO3'30" WEST 80.00 FEET TO THE WESTERLY LINE OF SAID LOT 13; THENCE
LEAVING SAID PARALLEL LINE NORTHERLY ALONG SAID WESTERLY LINE OF LOT 13 NORTH 02°50'30" WEST, 268.25 FEET TO THE TRUE POINT OF BEGINNING,
TOGETHER WITH SLOPE RIGHTS TO A MAXIMUM OF TEN (10) FEET.
PAGE.$
h
STATE OF G4HWRMA
COUNTY OF SAKEWH+
#k.i u-nq_
P t Ulbb
1720
On \alI l\q> be
Notary Public, personally appeared
known to me - or [ ] proved to me on the basis of satisfactory evidence to’be the person(s) whose
name(s or is e subscribed to the within instrument and acknowledged to me tha cl he she/they
executed the same i 0 his erkheir authorized capacity(ies), and that by 63 ‘s er/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
Form Approved By City Council July 2,199l
Resolution No. 91-194KJH
NOTARY PUBLIC - ARiZOw
9 Form 18A
Per Jane Mobaldi, Rev. 01/l l/96
State of CW
County of Solano
On January 5, 1998 beforeme, Denise A. Raycraft, Notary Public, Date Name and Ttle of Officer (e.g., “Jane Doe, Notaly Public”)
personally appeared Harold Wieqand , Name(s) of Signer(s)
IX personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person@@
whose name(&) is/*subscribed to the within instrument
and acknowledged to me that he/&a&hey executed the
same in his/h&Mr authorized capacity&s), and that by
hislherukewsignature(8) on the instrument the person(s),
or the entity upon behalf of which the person(#) acted,
executed the instrument.
Public - WITNESS my hand and official seal.
tia.&d
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Devehpr mnt
Document Date: l/5/98 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: Harold Wieqand
0 Individual
q Corporate Officer
Title(s):
&j Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
q Guardian or Conservator
q Other:
Signer Is Representing:
-Part I
Wieqand Property ne ship
Signer’s Name:
0 Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
q Guardian or Conservator
0 Other:
Signer Is Representing:
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0 1994 National Notary Association * 6236 Remmet Ave.. P.O. Box 7164 l Csnoga Park, CA 91309.7164 Prod. No. 5907 Reorder: Call Toll-Free l-600-676-6627