HomeMy WebLinkAboutCT 97-25; Kelly Land Company; 1998-0162877; Public Facilities Fee Agreement/Release, . -
, .
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1
> City Clerk
CITY OF CARLSBAD ; 1200 Carlsbad Village Drive > Carlsbad, California 92008- 1989 )
IIOC : 1998~0162877
283; MAR 259 1998 3-19 PM m
OFFICIEIL RECORDS SAN DIEGO CUJNTY RECORDER’S OfTICE REEORY J. SHITH, COUNTY RECORDER FEES: 34.00
19980162877
Space above this line for Recorder’s use
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
Parcel No. 207-101-012
THIS AGREEMENT is entered into this 18th day of December .I997 )
by and between (name of developer-owner) Kelly Land Company
a (corporation, partnership, etc.) Delaware Corporation, hereinafter referred to as “Developer”
whose address is (street, city, state, zip code) 2011 Palomar Airport Rd. , t 206,
Carlsbad, CA 92009 and 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.
WITNESSETH:
WHEREAS, Developer 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
. . .
Form Approved By City Council July 2, 1991
Resolution No. 9 I - 194KJH
1 Form 17A
Per Jane Mobaldi, Rev. 01/l l/96
cTq7- P3
284
WHEREAS, Developer proposed a development project as follows: Tent at ive
Subdivision Map, Zoning Change: on said Property, which
development carries the proposed name of Kelly R&nch Village '*A"
and is hereafter referred to as “Development”: and
WHEREAS, Developer filed on the 18th day of December , 1997, with the
City a request for Tentative Map, Zoning Change, Local Coastal Program
Amendment
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 July
2, 1991, 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
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.
NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the
parties agree as follows:
. . .
Form Approved By City Council July 2, 1991
Resolution No. 9 l-1 94/KJH Form 17A
Per Jane Mobaldi, Rev. 01/l l/96
1. The Developer 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 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 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 21 of the
Carlsbad Municipal Code.
2. The Developer 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 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.
Form Approved By City Council July 2, 1991 Resolution No. 91-194KJH 3 Form 17A
Per Jane Mobaldi, Rev. 010 l/96
286
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 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.
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- 194/KJH Form 17A
Per Jane Mobaldi, Rev. 01/l l/96
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 City, and references to Developer 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.
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.
. . .
Form Approved By City Council July 2, 199 1
Resolution No. 91-194/KJH Form 17A
Per Jane Mobaldi. Rev. 01/l l/96
I? n 288
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the
date first written above.
DEVELOPER-OWNER:
Kelly Land Company, a De&are Corporation
(signature)
D.L. Clemens
(print name)
Vice President
CITY OF CARLSBAD, a municipal corporation
of the State of California
By:
ATTEST:
APPROVEDASTOFORM:
RONALD R. BALL, City Attorney
Scott Hedansky
(print name)
Assistant Secretary
(title)
(Notarial acknowledgment of execution of DEVELOPER and OKWER must ‘be attached).
(President or vice president & secretary or assistant secretary must sign for corporations. If only one
ofJicer signs, the corporation must attach a resolution cer@ed by the secretaT or assistant secretary
under corporate seal empowering that oflcer to bind the corporation).
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing
the partner to execute this instrument).
Form Approved By City Council July 2,199 1
Resolution No. 91- 194KJH
6 Form 17A
Per Jane Mobaldi, Rev. 01/l l/96
,-
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:
PARCEL “B”:
THAT PORTION OF LOT “I” OF RANCH0 HEDIONDA, IN 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 SAN DIEGO COUNTY
ON NOVEMBER 16, 1896, BEING A PORTION OF THE LAND DESCRIBED IN
QUITCLAIM DEED TO “KELLY FAMILY INVESTMENT LIMITED PARTNERSHIP” IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
RECORDED SEPTEMBER 27, 1996 AS FILE NO. 1996-0490000 OF OFFICIAL RECORDS
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF PARCEL 1 OF SAID DEED, SAID
POINT BEING THE TRUE POINT OF BEGINNING OF SAID PARCEL 1; THENCE ALONG
THE WESTERLY LINE THEREOF SOUTH 25”25’07” WEST, 266.44 FEET (RECORD
SOUTH 25”01’15” WEST); THENCE LEAVING SAID WESTERLY LINE SOUTH 65”09’04”
EAST 7.57 FEET TO THE BEGINNING OF A TANGENT 5.00 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE
SOUTHEASTERLY AND SOUTHERLY 6.18 FEET THROUGH A CENTRAL ANGLE OF
70”49’ 14”; THENCE SOUTH 05’40’ 10” WEST 18.56 FEET TO THE BEGINNING OF A
TANGENT 20.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE
ALONG THE ARC OF SAID CURVE SOUTHERLY, EASTERLY, AND NORTHEASTERLY
40.59 FEET THROUGH A CENTRAL ANGLE OF 116”16’33”; THENCE NORTH 69”23’37”
EAST 21.86 FEET; THENCE NORTH 58’14’06” EAST 35.24 FEET; THENCE NORTH
49’19’04” EAST 77.29 FEET TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS
CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE
NORTHEASTERLY AND EASTERLY 10.46 FEET THROUGH A CENTRAL ANGLE OF
59”57’01” THENCE SOUTH 70’43’55” EAST 38.58 FEET; THENCE SOUTH 60’59’24”
EAST 32.80 FEET TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE
SOUTHEASTERLY AND SOUTHERLY 12.62 FEET THROUGH A CENTRAL ANGLE OF
72018’15”; THENCE SOUTH 11018’5 1” WEST 9.39 FEET; THENCE SOUTH 23039’23”
EAST 6.10 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE
CONCAVE WESTERLY; THENCE ALONG THE ARC OF SAID CURVE SOUTHERLY
73.16 FEET THROUGH A CENTRAL ANGLE OF 41”55’07”; THENCE SOUTH lS”15’44”
WEST, 76.64 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE
CONCAVE EASTERLY; THENCE ALONG THE ARC OF SAID CURVE SOUTHERLY
21.15 FEET THROUGH A CENTRAL ANGLE OF 24”14’10” THENCE SOUTH 05’58’26”
EAST 90.78 FEET TO THE BEGINNING OF A TANGENT 40.00 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE
SOUTHERLY AND SOUTHEASTERLY 46.6 1 FEET THROUGH A CENTRAL ANGLE OF
Form Approved By City Council July 2, 1991
Resolution No. 9 1 - 194/KJH
7 Form 17A
Per Jane Mobaldi. Rev. 01/l l/96
66045'38"; THENCE SOUTH 72O44'04" EAST 80.46 FEET TO THE BEGINNING OF A TANGENT 45.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ALONG
THE ARC OF SAID CURVE EASTERLY, NORTHEASTERLY, AND NORTHERLY 71.58
FEET THROUGH A CENTRAL ANGLE OF 91°08'07" THENCE NORTH 16°07'4g" EAST 62.66 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE NORTHERLY, EASTERLY, AND SOUTHEASTERLY 39.20 FEET THROUGH A CENTRAL ANGLE OF 112O17'26"; THENCE SOUTH 51O34'45" EAST 40.33 FEET; THENCE SOUTH 57019'45" EAST 42.26 FEET; THENCE SOUTH 67O49'54" EAST 25.29 FEET TO
THE BEGINNING OF A TANGENT 15.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE SOUTHEASTERLY AND SOUTHERLY 22.83 FEET THROUGH A CENTRAL ANGLE OF 87O12'59"; THENCE SOUTH 19O23'05" WEST 61.59 FEET TO THE BEGINNING OF A TANGENT 70.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE SOUTHERLY, SOUTHEASTERLY, AND EASTERLY 119.22 FEET THROUGH A CENTRAL ANGLE OF 97"34"55"; THENCE SOUTH 78°11'50" EAST 117.78 FEET TO THE BEGINNING OF A TANGENT 35.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE EASTERLY, NORTHEASTERLY AND NORTHERLY 52.18 FEET THROUGH A CENTRAL ANGLE OF 85025'07y THENCE NORTH16O23'03" EAST 105.81 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE NORTHERLY, NORTHEASTERLY AND EASTERLY 29.72 FEET THROUGH A CENTRAL ANGLE OF 68OO6'11" THENCE NORTH 84O29'14" EAST 58.51 FEET; THENCE NORTH 77OO0'36" EAST 59.73 FEET TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE EASTERLY, SOUTHEASTERLY AND SOUTHERLY 18.08 FEET THROUGH A CENTRAL ANGLE OF 103O34'19"; THENCE SOUTH OO"34'55" WEST 71.15 FEET TO THE BEGINNING OF A TANGENT 40.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE SOUTHERLY AND SOUTHEASTERLY 49.73 FEET THROUGH A CENTRAL ANGLE OF 71O13'47"; THENCE SOUTH 7OO38'52" EAST 31.74 FEET; THENCE SOUTH 85O27'26" EAST 19.53 FEET; THENCE NORTH 88O59'03" EAST 65.60 FEET TO THE BEGINNING OF A TANGENT 35.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE EASTERLY AND NORTHEASTERLY 38.15 FEET THROUGH A CENTRAL ANGLE OF 62°27'Ol"; THENCE NORTH 26'32'02" EAST 34.26 FEET; THENCE NORTH 39O53'36" EAST 190.00 FEET TO THE BEGINNING OF A TANGENT 140.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC
OF SAID CURVE NORTHEASTERLY 75.66 FEET THROUGH A CENTRAL ANGLE OF 30057'45"; THENCE NORTH 7OO51'21" EAST 16.00 FEET TO THE BEGINNING OF A TANGENT 120.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE NORTHEASTERLY 132.48 FEET THROUGH A CENTRAL ANGLE OF 63O15'21" * THENCE NORTH 07°36'OO" EAST 41.86 FEET TO THE SOUTHERLY LINE OF A.i EASEMENT FOR STREET AND INCIDENTAL PURPOSES PER DOCUMENT RECORDED NOVEMBER 17, 1977 AS FILE NO. 77-476325 OF OFFICIAL
RECORDS; THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING SIX COURSES
SOUTH 82OO1'56" EAST 243.49 FEET TO THE BEGINNING OF A TANGENT 434.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE EASTERLY, NORTHEASTERLY, AND NORTHERLY 777.82 FEET THROUGH A CENTRAL ANGLE OF 102°41'08"; THENCE NORTH 04O43'04" WEST 205.52 FEET
.
TO THE BEGINNING OF A TANGENT 766.00 FOOT RADIUS CURVE CONCAVE
EASTERLY; THENCE ALONG THE ARC OF SAID CURVE NORTHERLY 209.91 FEET THROUGH A CENTRAL ANGLE OF 15O42'03" TO THE BEGINNING OF A 366.00 FOOT RADIUS COMPOUND CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 79°01'01" WEST; THENCE ALONG THE ARC OF SAID CURVE NORTHEASTERLY AND EASTERLY 432.52 FEET THROUGH A CENTRAL ANGLE
OF 67O42'34"; THENCE NORTH 78*41'33" EAST 319.97 FEET TO THE NORTHERLY LINE OF SAID LAND DESCRIBED IN PARCEL 1 OF DOCUMENT RECORDED SEPTEMBER
27, 1996 AS DOCUMENT NO. 1996-0490000 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE OF THE FOLLOWING EIGHT COURSES NORTH
llO25'52" WEST 34.00 FEET; THENCE SOUTH 78O41'33" WEST 319.90 FEET TO
THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE SOUTHWESTERLY AND SOUTHERLY 472.70 FEET THROUGH A CENTRAL ANGLE OF 67'42'34" TO THE
BEGINNING OF AN 800.00 FOOT RADIUS COMPOUND CURVE CONCAVE EASTERLY, A
RADIAL LINE TO SAID BEGINNING BEARS NORTH 79*01'01" WEST; THENCE ALONG
THE ARC OF SAID CURVE SOUTHERLY 219.22 FEET THROUGH A CENTRAL ANGLE OF
15O42'03" THENCE SOUTH 04O43'04" EAST 205.52 FEET TO THE BEGINNING OF
A TANGENT 400.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ALONG
THE ARC OF SAID CURVE SOUTHERLY, SOUTHWESTERLY, AND WESTERLY 716.88 FEET THROUGH A CENTRAL ANGLE OF 102*41'08" THENCE NORTH 82*01'56" WEST 1,278.18 FEET; THENCE NORTH 59°05'30" WEST 261.14 FEET TO THE TRUE POINT OF BEGINNING.
9 , .
STATE OF CALIFORNIA
h
292
COUNTY OF SAN DIEGO
No & Public, personally appeared&l . c&F& 5 f’. (f!r T .&WA.#J4$ [x] personally
known to me - or [ ] proved to me on the basis of satiskactory evidence to be the person(s) whose
name(s) #are subscribed to the within instrument and acknowledged to me that h&he/they
executed the same in&s/her/their authoiized capacity(ies), and that by-hi+her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Form Approved By City Council July 2, 199 I
Resolution No. 9 1 - 194/KJH Form 17A
Per Jane Mobaldi. Rev. 0111 l/96