HomeMy WebLinkAboutCDP 99-18; Tallman, Jeffrey & Pamela; 1999-0267801; Public Facilities Fee Agreement/ReleaseDOC # 1999-0267801
. APR 21% 1999 2:49
69%’ tlFFICI# REclJRDs - W DIEGO tiOlNY RECORDER’S OFFICE #ifGORY J. SHIM, CiUlNTY RECORDER FEES: 37.00
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1
City Clerk i CITY OF CARLSBAD ) 1200 Carlsbad Village Drive i Carlsbad, California 92008-I 989 )
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 OUTSIDE THE BOTJNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
Parcel No. 156-350-04, 05, 08, 09
THIS AGREEMENT is entered into this 5 dayof 4-f , 19 p ,
by and between (name of developer-owner) JEFFREY C. & PAMELA TALLMAN ,
a (corporation, partnership, etc.) HUSBAND & WIFE , hereinafter referred to as “Developer”
whose address is (street, city, state, zip code) 2g46 STATE STo 3 “ITE G
CARLSBAD, CA 92008 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
WHEREAS, Developer proposed a development project as follows: 4 SINGLE FAMILY LOTS
on said Property, which
development carries the proposed name of TALLMAN PROPERTY
Form Approved By City Council July 2, 199 1
Resolution No. 9 l-l 94
and is hereafter referred to as “Development”; and
1 Form17
Rev. 01/l l/96
CPP w - 1 E: &5&)3
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WHEREAS, Developer filed on the ? - day of &@/C 3 1994,
with the City a request for COASTAL DEVELOPMENT PERMIT - HILLSIDE DEVELOPMENT
PERMIT & BOUNDARY ADJUSTMENT
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:
1. The Developer shall pay to the City a public facilities fee in an amount not to exceed
3.5% 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 3.5% 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
Form Approved By City Council July 2, 1991 2 Form 17
Resolution No. 9 I- 194 Rev. 01/l l/96
. Fggg ’
conversion permit as provided in Chapter 2 1.47 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
$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 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 shaI1 be determined by City prior to the issuance of any
building or other permits. Such determination, when made, shall be- come 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. 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
Form Approved By City Council July 2,199 1
Resolution No. 91-194
3 Form 17
Rev. 01/l l/96
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.
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 2,1991
Resolution No. 91-194
4 Form 17
Rev. 01/l l/96
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Form Approved By City Council July 2,199 1
Resolution No. 91-194
5
m
6991.
Form 17
Rev. 01/l l/96
6992
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the
date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation
of the State of California
JEFFREY C. & PAMELf 1 TALLMAN
(Name of Developer)
icpcf-,
(signatur&U !J
JEFFREY C. TALLMAN
(print name)
ATTEST:
.
ALETHA L. RAIJTENKRANZ, City’ Cl&k
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
PAMELA TALLMAN
(print name)
(title)
(Notarial acknowledgment of execution of DEVELOPER and CWNER must be attached).
(President or vice president A- secretary or assistant secretary must sign for corporations. rfonly 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).
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing
the partner to execute this instrumennt).
Form Approved By City Council July 2, 1991 6
Resolution No. 91-l 94
Form 17
Rev. 01/l l/96
EXHIBIT “A” ORDER NO. 1210534-7 LEGAL DESCRIPTION
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 TRACT 7 OF XrAGUtVA MESA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DESCRIBED AS FOLLOWS:
COMMENCING AT A CONCRETE MONUMENT MARKING TXE SOUTHWEST CORNER OF SAID TRACT 7; THENCE NORTH O"02' WEST ALONG THE WEST LINE OF SAID TRACT, 905.24 FEET TO THE NORTHWEST CORNER OF A PARCEL OF LAND CONVEYED TO MARION A. HENRY, BY DEED DATED JANUARY 19, 1931 AND RECORDED IN BOOK 1865, PAGE 20 OF DEEDS; THENCE NORTH 89O58' EAST ALONG THE NORTH LINE OF SAID PARCEL SO CONVEYED TO HENRY, 667.62 FEET MORE OR LESS TO A POINT IN THE WESTERLY LINE OF OLIVE DRIVE, AS SHOWN ON SAID MAP NO. 1719; THENCE ALONG SAID WESTERLY LINE NORTH OOO2' WEST, 255.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING SOUTH O"02' EAST, 50.00 FEET; THENCE SOUTH 89O55'45" WEST 104.30 FEET TO A POINT IN THE WESTERLY LINE OF THE LAND DESCRIBED IN DEED TO JOSEPH H. BRADFORD, ET UK, RECORDED IN BOOK 1601, PAGE 263 OF OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY LINE NORTH 34OO4'33" EAST (RECORD NORTH 34OO2' EAST) 2.23 FEET TO AN ANGLE POINT THEREIN AND NORTH 4O49'36" EAST (RECORD NORTH 4O52' EAST) 48.34 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO GLADYS TOWNSEND, RECORDED FEBRUARY 27, 1947 IN
BOOK 2346, PAGE 298 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY
LINE OF SAID LAND NORTH 89O55'45" EAST, 98.96 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL B:
THAT PORTION OF TRACT 7 OF LAGUNA MESA TRACT, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS PER MAP NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER, 6-20-21, DESCRIBED AS FOLLOWS:
Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH
PAGE 3
Form 17
Per Jane Mobaldi, Rev. 01/l l/96
.
6994
ORDER NO. 1210534-7
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID TRACT 7, SAID CORNER BEING MARKED BY A CONCRETE MONUMENT; THENCE ALONG THE WESTERLY LINE OF
SAID TRACT 7, NORTH O"02' WEST 905.24 FEET TO THE NORTHWESTERLY CORNER
OF THAT PORTION OF SAID TRACT 7 CONVEYED TO JOSEPH H. BRADFORD & LAURA F. BRADFORD, 2-19-29 AND RECORDED IN BOOK 1601, PAGE 263 OF DEEDS AND
THENCE CONTINUING ALONG SAID WESTERLY LINE OF TRACT 7 AND ITS NORTHERLY PROLONGATION NORTH O"02' WEST 169.,69 FEET (RECORDED 170.55 FEET) TO ITS INTERSECTION WITH THE CENTER LINE OF THE COUNTY ROAD, ACCORDING TO SAID COUNTY SURVEY NO. 135; THENCE ALONG SAID CENTER LINE
OF COUNTY ROAD THE FOLLOWING COURSES AND.DISTANC!E, NORTH 77O25' EAST
97.65 FEET; NORTH 58O36' EAST 116.61 FEET NORTH 36O18' EAST 118.99
FEET; NORTH 27O46' EAST 188.10 FEET TO THE TRUE POINT OF BEGINNING.
THENCE RETRACING ON'SAID'CENTER LINE OF ROAD SURVEY 135 SOUTH 27O46'
WEST 188.10 FEET; THENCE SOUTH 36O18' WEST 118.99 FEET; THENCE SOUTH
58O35' WEST 126.61 FEET; SOUTH 77O25' WEST 97,.65 FEET; THENCE SOUTH OOO2' EAST 169.96,FEET TO THE NORTHWEST CORNER OF THE LAND CONVEYED TO JOSEPH H.'BRADFORD ABOVE REFERRED TO; THENCE FOLLOWING THE NORTHERLY
LINE OF SAID BRADFORD LAND NORTH 89O58' EAST 146.10 FEET; THENCE NORTH
73O42' EAST 361.15 FEET; THENCE NORTH 34OO2' EAST 128.00 FEET; THENCE
NORTH 4O52' EAST 127.00 FEET; THENCE NORTHWESTERLY IN A STRAIGHT LINE
TO THE TRUE POINT OF BEGINNING.
PARCEL C:
THAT PORTION OF TRACT 7 OF LAGUNA MESA TRACT, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
JUNE 20, 1921, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 7; THENCE ALONG THE WESTERLY LINE OF SAID TRACT 7, NORTH OO"02'OO" WEST, 905.24 FEET TO THE NORTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO MARION A. HENRY, RECORDED JANUARY 30, 1931 IN BOOK 1865, PAGE 20 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID HENRY'S LAND NORTH 89O58'00" EAST, 146.10 FEET TO THE MOST WESTERLY CORNER OF LAND DESCRIBED IN DEED TO ALTON P. BRADFORD, RECORDED AUGUST 31, 1936 IN
BOOK 546, PAGE 439 OF OFFICIAL RECORDS AND THE TRUE POINT OF
BEGINNING; THENCE ALONG THE SOUTHERLY LINE OF SAID BRADFORD'S LAND
NORTH 89O55'45" EAST, 521.52 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF‘OLIVE DRIVE AS SHOWN ON SAID MAP NO. 1719; THENCE ALONG SAID
WESTERLY LINE NORTH OO"02'OO" WEST, 124.90 FEET TO THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO IRENE COULON, RECORDED FEBRUARY
27, 1947 AS DOCUMENT NO. 21743 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID COULON'S LAND SOUTH 89O55'45" WEST, 158.57 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY BOUNDARY OF SAID BRADFORD'S
LJW; THENCE ALONG SAID NORTHWESTERLY BOUNDARY AS FOLLOWS: SOUTH 34°02'OO" WEST, 29.07 FEET TO AN ANGLE POINT THEREIN AND SOUTH 73O42'00" WEST, 361.15 FEET TO THE TRUE POINT OF BEGINNING.
PAGE 0.
'ORDER MO. 1210534-7
'EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 7, THENCE NORTH
00°02'00" WEST 905.24 FEET ALONG THE WEST LINE OF SAID TRACT 7; THENCE
LEAVING SAID WEST LINE, NORTH 89O58'00" EAST 146.10 FEET; THENCE NORTH 89O55'45" EAST 521.52 FEET TO A POINT IN THE WEST LINE OF OLIVE DRIVE;
THENCE NORTH OO"02'OO' WEST 124.90 FEET ALONG SAID WEST LINE OF OLIVE
DRIVE TO THE TRUE POINT OF BEGINNING; THENCE'LEAVING SAID WEST LINE OF
OLIVE DRIVE SOUTH 89O55'45" WEST 158.57 FEET TO THE INTERSECTION WITH THE NORTHWESTERLY BOUNDARY OF LAND DESCRIBED IN DEED TO JOSEPH H.
BRADFORD, ET UK, RECORDED MARCH 21, 1929 IN BOOK 1601, PAGE 263 OF
DEEDS; THENCE SOUTH OO"02'OO" EAST 60.00 FEET; THENCE NORTH 89O55'45"
EAST 158.57 FEET TO A'POINT IN SAID WEST LINE OF OLIVE DRIVE; THENCE
ALONG SAID WEST LINE OF OLIVE DRIVE NORTH OO"02'OO" WEST 60.00 FEET TO
THE TRUE POINT OF BEGINNING. ,)
PARCEL Cl:
AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER THAT PORTION OF TRACT 7 OF LAGUNA MESA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY .
DESCRIBED AS FOLLOWS:
COMMENCING AT A CONCRETE MONUMENT MARKING THE SOUTHWEST CORNER OF SAID
TRACT 7; THENCE ALONG THE WESTERLY LINE OF SAID TRACT 7; NORTH OO"02'OO" WEST, ADISTANCE OF 695.37 FEET; THENCE NORTH 89O58'00" EAST
A DISTANCE OF 195.51 FEET; THENCE NORTH 00*02'00" WEST, A DISTANCE OF
192.00 FEET MORE QR LESS TO THE WESTERLY PROLONGATION OF THE NORTHERLY
LINE OF THE LAND CONVEYED TO JOSEPH C. GAUS, ET UK, BY DEED RECORDED
APRIL 4, 1946 IN BGOK 2088, PAGE 416 OF OFFICIAL RECORDS; SAID POINT
BEING THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG THE
PROLONGATION AND ALONG SAID NORTH LINE OF SAID GAUS LAND, A DISTANCE
OF 472.00 FEET TO A PO.INT ON THE WESTERLY LINE OF OLIVE DRIVE; THENCE
NORTH OO"02'OO" WEST ALONG THE WESTERLY LINE OF THE OLIVE DRIVE, A DISTANCE OF 16.80 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF LAND CONVEYED TO CLYDE B. ELMER; ET UX, BY DEED RECORDED IN BOOK 1901, PAGE
301 OF OFFICIAL RECORDS; THENCE SOUTH 89O55'45" WEST, ALONG THE
NORTHERLY LINE OF SAID ELMER'S LAND, A DISTANCE OF 472.00 FEET TO AN
INTERSECTION WITH A LINE WHICH BEARS NORTH OO"02'OO" WEST FROM THE
TRUE POINT OF BEGINNING; THENCE SOUTH OO"02'OO" EAST, A DISTANCE OF 16.87 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
PARCEL D:
THAT PORTION OF TRACT 7 OF LAGUNA MESA TRACT, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
171‘9, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS:
PAGE 9<
ORDER NO. 1210534-7
“&$IMENCING AT A CONCRETE MONUMENT MARKING THE SOUTHWEST CORNER OF SAID TRACT 7; THENCE ,NORTH O"02' WEST ALONG THE WEST LINE OF SAID TRACT,
905;24 FEET TO THE NORTHWEST CORNER OF A PARCEL OF LAND CONVEYED TO MARION A. HENRY, BY DEED DATED'JANUARY 19, 1931 AND RECORDED IN BOOK 1865, PAGE 20 OF DEEDS; THENCE NORTH 89O58' EAST ALONG THE NORTH LINE
OF,SAID PARCEL SO CONVEYED TO HENRY, 667.62 FEET MORE OR LESS TO A
POINT IN THE WESTERLY LINE OF OLIVE DRIVE, AS SHOWN ON SAID MAP NO.
1719; THENCE ALONG SAID WESTERLY LINE NORTH 0'02' WEST, 255.00 FEET TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH O"02' WEST, 41.85 FEET; THENCE SOUTH 89O55'45" WEST, 95.40 FEET TO A POINT IN THE WESTERLY LINE OF THE LAND DESCRIBED IN DEED TO JOSEPH H. BRADFORD, ET
m, RECORDED IN BOOK 1601, PAGE 263 OF DEEDS; THENCE ALONG SAID
WESTERLY LINE SOUTH 4O49'36" WEST (RECORD SOUTH 4O52' WEST) 42.00 FEET
TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO GLADYS
TOWNSEND RECORDED,EEBRUARY 25, 1947 IN BOOK 2346, PAGE 298 OF OFFICIAL RECORDS; THENCE.ALONG THE SOUTHERLY LINE OF SAID LAND NORTH 89O55'45" EAST, 98.96 FEET (RECORD 99.00 FEET) TO THE TRUE POINT OF BEGINNING.
PAGE IQ
( I .I .
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. . l 6997
. STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On 4-5-99 before me, ANN M. PETERSEN
Notary Public, personally appeared JEFFREY C. TALLMAN & PAMELA TALLMAN ,[X]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 the entity upon behalf of which the person(s) acted, executed
the instrument.
Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH
ll
-_ ~,‘.ti;’ -...d
Form 17
Per Jane Mobaldi, Rev. 01/l l/96