HomeMy WebLinkAboutCT 81-35; Native Sun Investment Group; 81-286840; Public Facilities Fee Agreement/ReleaseA?ter'r&wdjng return to: -
C?ty' of Carhbad
1LOO Elm Ave.
Carlsbad, CA 92008
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It 654 .
AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is
19 81 , by and between
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entered into this 20th day of August I
Native Sun Investment Group . --
(name of developer-owner)
a limited partnership ,hereinafter (Corporation, partnership, etc.) referred to as
"Developer", whose address is 12831 Newport Avenue I (street)
Tustin, California 92680
(City, state, zip code) , and THE CITY OF
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 El
Avenue, Carlsbad, California,. 92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described
on Exhibit "A" I 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 proposes a development project as follows: .
,A 14 unit condominium development
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on said Property, which development carries the proposed name
of Pointe San Malo.
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 20th day of August 8
19 81 , with the City a request for a Tentative Map/Condominium Permit
c-r ar-35+/c p- i 8-L I
(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 August 29, 1979, on file with the City Clerk and
incorporated by this reference, and that the City% 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 th e 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
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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 2 % of the building permit valuation
of the buildings 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 develop-
' ment 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. A credit toward such fee shall be given for land which has
been dedicated for park purposes or for any fees paid in lieu
thereof pursuant to Chapter 20.44 of the Carlsbaci Municipal Code. ,
Developer shall pay a fee for conversion of existing buildings or
structures into condominiums in an amount not to exceed 2% 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 , exceptin 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
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the development is intended. Deveioper shall pay to 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. A credit toward such fee shall be given
for land which has been dedicated for park purposes or for any fees
paid in lieu thereof pursuant to Chapter 20.44 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. <he 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 agree-
ment. 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 app.roval or permit for the Development shall
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be void. No building or other construction permit or entitlement
for use shall be gssued un,til 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 inthe event ,
the'Requests made by Developer are 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 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 prepaid and certified.
7.2 If notice is.given to Deve.loper by personal delivery
thereof to Developer or by depositing the same in the United States
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Mail, enclosed in a,sealed envelope, addressed to Developer at the
address as may 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 the City, and references to Developer
or City herein shall be deemed to'be 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 of 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 on the Property. When the -obligations , of this agreement have been satisfied, City shall record a release.
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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
l General Partn&
(Title)
1 . (ritle)
ATTEST: 0, ,
PRoVED AS TO FO
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City Attorney
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(N&aria1 acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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STATE OF CALIFORNIA
2 COUNTY OF Oranqe >
ss. a 661
E E Oil August 19, 1981 , before me, the undersigned, a Notary Public in and for
6 said State, personally appeared Michael R. Mahoney 1 E -
.5 .u- ____ ~-~ L
cn L known to me to be one of h t e partners of the partnership G
to that executed the within instrument and acknowledged
such partnership executed the same.
WITNESS my hand and official seal.
Signature
Mary Irene Carey
Name (Typed or Printed)
n
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662
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF CALIFORNIAI COUNTY OF SAN DIECOI AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
ALL OF LOT “A” OF GRANVfLLE PARK UNIT NO. 2r IN THE CITV OF CARLSBADv IN
THE COUNTY OF SAN DIEGOI STATE OF CALIFORNIA 9 STATE OF CALIFORNIA9
ACCORDING TO MAP THEREOF NO. 20379 FILED IN THE OFFICE OF COUNTY RECORDER
OF SAN DIEGO COUNTY* JUNE 18, 1927.
‘EXCEPTING THEREFROM THAT PORTION LYING UITHIN THE FOLLOWING DESCRIBED
BOUNDARY:
BEGINNING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN
ON GRANVILLE PARK ACCORDING TO MAP THEREOF NO. 1782 FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 211 19249 SAID POINT
BEING ON A CURVE* CONCAVE EASTERLY, HAVING A RADIUS OF 268.03 FEET* A
RADIAL LINE THROUGH SAID POINT BEARS NORTH 58”14*45” EAST: THENCE
NORTHERLY ALONG SAID CURVE* THROUGH A CENTRAL ANGLE OF 12059’27” AN ARC
DISTANCE OF 60.77 FEET; THENCE TANGENT TO THE LAST MENTIONED CURVEv NORTH
18*45’48” UESTt 165.00 FEET; THENCE SOUTH 86°15’50” WEST 560.04 FEET:
THENCE SOUTH 32021’40” EAST* 315.00 FEET TO A POINT ON THE NORTHERLY LINE
OF LACUNA DRIVE* SAIO POINT BEING IN A CURVEt CONCAVE SOUTHWESTERLY HAVING
A RADIUS OF 190.00 FEET* A RADIAL LINE THROUGH SAID POINT BEARS SOUTH
Ol”08’20n UEST; THENCE SOUTHEASTERLY ALONG THE LAST MENTIONED CURVE*
THROUGH A CENTRAL ANGLE OF 04031’25 ” AN ARC DISTANCE OF 15.00 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY9 HAVING A RADIUS OF 587.95
FEET; THENCE EASTERLY ALONG THE LAST MENTIONED CURVE9 THROUGH A CENTRAL
ANGLE OF 22919’55” AN ARC DISTANCE OF 229.16 FEET THENCE TANGENT TO THE
LAST MENTIONED CURVE* NORTH 73O19’SO” EAST* 25.33 FEET TO THE BEGINNING OF
A TANGENT CURVE* CONCAVE NORTHWESTERLY HAVING A RADIUS OF 183.88 FEET:
THENCE NORTHEASTERLY ALONG THE LAST MENTIONED CURVE THROUGH A CENTRAL
ANGLE OF 37OO6’20” AN ARC DISTANCE OF 119.08 FEET TO THE BEGINNING OF A
REVERSE CURVE* CONCAVE SOUTHERLYI HAVING A RADIUS OF 65.00 FEET: THENCE
EASTERLY AND SOUTHEASTERLY ALONG THE LAST MENTIONED CURVE* THROUGH A
CENTRAL ANGLE OF 112”Ol’lS” AN ARC DISTANCE OF 127.08 FEET TO THE POINT
OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT “A”; THENCE ALONG THE
NORTHERLY LINE OF SAID LOT, NORTH 89953’45* WEST 861.33 FEET TO AN
INTERSECTION WITH THE CENTER LINE OF A 40.00 FOOT EASEMENT DESCRIBED IN
BOOK 1696 PAGE 102 OF DEEDS; THENCE RETRACING SOUTH 89O53’4S” EAST ALONG
SAID NORTHERLY LINE OF LOT “A” 265.7s FEET TO THE TRUE POINT OF BEGINNING;
BEING AN INTERSECTION WITH A 300.00 FOOT RAOIUS CURVEI CONCAVE
NORTHWESTERLYI A RADIAL TO WHICH BEARS SOUTH S3°26n04” EAST: THENCE
1063347 PAGE 14
WESTERLY ALONG THE ARC OF SAID CURVE 80.12 FEET THROUGH A CENTRAL ANGLE OF
14OS9’14” TO A TANGENT POINT; THENCE TANGENT TO SAID CURVE SOUTH S1033~10”
WEST TO THE MEAN HIGH TIOE LINE.
ALSO EXCEPT1N.G THEREFROM THAT PORTION LYING WITHIN THE FOLLOWING OESCRIBEO
BOUNDARY:
COMMENCING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN
ON SAIO MAP NO. 17821 SAID POINT SEING ON A CURVE, CONCAVE EASTERLY*
HAVING A RADIUS OF 268.03 FEET9 A RADIAL LINE THROUGH SAID POINT BEARS.
SOUTH 57O36’4S” WEST (RECORD NORTH 58O14.45 ” EAST PER SAID MAP NO. 1782);
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
12059’27” A DISTANCE OF 60.77 FEET THENCE TANGENT TO SAID CURVE NORTH
r 19023’48” WEST (RECORD NORTH 18945’48 ” WEST) 31.96 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING NORTH 19023’48” WEST (RECORD NORTH
18945’48” WEST) 83.04 FEET; THENCE SOUTH 38O27.47” EAST 27.55 FEET;
THENCE SOUTH 10025’27 ” EAST 57.71 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2:
ALL THAT PORTION OF LOT 47 9 AND THAT PORTION OF LAGUNA DRIVE* ADJACENT TO SAID LOT 47 (VACATED BY RESOLUTION NO. 918 OF THE CITY COUNCIL OF THE CITY
OF CARLSBAOv CALIFORNIA* RECORDED JULY 19~ 19639 RECORDER’S FILE NO. 126793; RECOROS OF SAN DIEGO COUNTYI CALIFORNIA) IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA1 ACCORDING TO MAP THEREOF NO.
1782, FILED IN THE OFFICE OF THE COUNTY RECOROER OF SAN DIEGO COUNTY
FEBRUARY 21q 1924q MORE PARTICULARLY DESCRIBED AS FOLLOWS: ON THE
ATTACHED PLAT
BEGINNING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN
ON SAID MAP NO. 17829 SAID POINT BEING ON A CURVE* CONCAVE EASTERLY*”
HAVING A RADIUS OF 268.01 FEETI A RADIAL LINE THROUGH SAID POINT BEARS
SOUTH 57O36’4S“ WEST (RECORD - NORTH S8O14’45” EAST PER SAID MAP NO.
1782); THENCE NORTHERLY ALONG THE ARC OF SAID CURVEt THROUGH A CENTRAL
ANGLE OF 12O59.27” A DISTANCE OF 60.77 FEET; THENCE TANGENT TO LAST
MENTIONED CURVE- NORTH 19O23.48” WEST (RECORD - NORTH 18°45’58” WEST)*
88.96 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF LOT “A” OF GRANVILLE
PARK NO. tr ACCORDING TO MAP THEREOF NO. 2037 FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN OIEGO COUNTY* CALIFORNIA (SAID POINT ALSO BEING ON
THE NORTHWESTERLY LINE OF SAID PORTION OF LACUNA DRIVE AS VACATED)* SAID POINT BEING ON THE ARC OF A CURVE 9 CONCAVE SOUTHEASTERLY, HAVING A RADIUS
OF 207.16 FEETI A RADIAL LINE THROUGH SAID POINT BEARS NORTH 62O41.43”
WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG THE
SOUTHEASTERLY LINE OF SAID LOT “A” (BEING ALSO ALONG THE NORTHWESTERLY LINE OF SAID PORTION OF LACUNA ORIVE AS VACATED) 9 THROUGH A CENTRAL ANGLE
OF 17”19’59”r A DISTANCE OF 62.67 FEET THENCE LEAVING SAID LINE* SOUTH
1S017°29a EASTI 59.75 FEET; THENCE SOUTH 03O43.49” EAST- 139.99 FEET TO A
POINT ON THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAIO MAP NO.
1782 (SAID EASTERLY LINE BEING ALSO THE WESTERLY LINE OF LOT 47 OF SAIO
MAP NO. 1782) SAIO POINT BEING ON THE ARC OF A CURVEt CONCAVE EASTERLY
1063347 PAGE 15
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HAVING A RADIUS OF 268.03 FEET9 A RAOIAL LINE THROUGH SAID POINT BEARS
SOUTH 55028’29” WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE?
THROUGH A CENTRAL ANGLE OF 02OO8’16 ” A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE FOLLOWING DESCRIBE0
BOUNDARY:
COMMENCING AT A. POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW ORIVE AS SHOWN
ON SAID HAP NO. 17821 SAIO POINT BEING ON A CURVE* CONCAVE EASTERLY+
HAVING A RADIUS OF 268.03 FEET. A RADIAL LINE THROUGH SAIO POINT BEARS
SOUTH S7O36.45” UEST (RECORD NORTH 58014’45” EAST PER SAID MAP NO. 1782);
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
r 12O59’27” A DISTANCE OF 60.77. FEET: THENCE TANGENT TO SAID CURVE NORTH
19O23.48” WEST (RECORD NORTH 18“4S’48 ” UEST) 31.96 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING NORTH 19023’48” WEST (RECORD NORTH
18°4Sw48” WEST) 83.04 FEET; THENCE SOUTH 38°27047” EAST 27.55 FEET:
THENCE SOUTH 10~2S*27” EAST 57.71 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 3:
ALL THAT PORTION OF LACUNA ORIVE (VACATED BY RESOLUTION NO. 918 OF THE CITY COUNCIL OF THE CITY OF CARLSBADv CALIFORNIA9 RECORDED
JULY 19, 1963~ RECORDER’S FILE NO. 1267931 RECOROS OF SAN OIEGO COUNTYI
CALIFORNIA) IN THE CITY OF CARLSBAD, COUNTY OF SAN OIEGOI STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 17821 FILED IN THE OFFICE OF
COUNTY RECORDER OF SAN DIEGO COUNTY* FEBRUARY 211 19249 MORE PARTICULARLY
OESCRIBEO AS FOLLOWS AND AS SHOWN ON THE ATTACHED EXHIBIT "A";
BEGINNING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW ORIVE AS SHOWN
ON SAID MAP NO. 17821 SAID POINT BEING ON A CURVE, CONCAVE EASTER-LY HAVING
A RADIUS OF 268.03 FEET* A RAOIAL LINE THROUGH SAID POINT BEARS SOUTH
57O36’45” WEST (RECORD NORTH 58014’4S” EAST PER SAID MAP NO. 1782);
THENCE NORTHERLY ALONG THE ARC OF SAIO CURVE- THROUGH A CENTRAL ANGLE OF
12959*27”t A OISTANCE OF 60.77 FEET; THENCE SOUTH 12003'11" EAST* 35.99
FEET TO A POINT IN A 65.00 FOOT RADIUS CURVE+ CONCAVE SOUTHWESTERLYI A RAOIAL TO SAID POINT BEARS NORTH 33033’OS- EASTI SAID POINT ALSO BEING IN
THE NORTHEASTERLY LINE OF MOUNTAIN VIEW DRIVE (40.00 FEET WIDE) AS SAME EXISTED ON JUNE 241 1975; THENCE SOUTHEASTERLY ALONG THE ARC OF SAIO
CURVET THROUGH A CENTRAL ANGLE OF 24903’40” A DISTANCE OF 27.30 FEET TO THE POINT OF BEGINNING. - .
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CUlClAlRECCRD~ SAM DlECO COUHTI(* CA&
‘VERA I.+ LYLE lQ?xmER NO fj