HomeMy WebLinkAboutCT 81-35; Native Sun Investment Group; 84-140521; Public Facilities Fee Agreement/Release. .* , . RF.kc?’ IKG REQUESTED BY &ND .) '
:+i,ER RECORD&D MAIL TO: . ;
CITY OF CARLSRAD - .
1200 Elm Avenue ;
Carlsbad, California 92008 ) . tw; APR 17 Pi4 I: 40
Space above this =ls ""*FEE
Documentary transfer tax: $ No fee
l/zc;iw :
Signature of declarant determining
tax-firm name ;
City of Carlsbad . .' *
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD .FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 30 day of -. a 1983' Mwph
by and be-tween Native sun Investrnmt crnlyn
(name of developer-owner) :
a. . . . lrni ted part-nershl T-I , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address ‘is
Tustin, CA 92680 (City, state, zip code)
and THE CITY OF
CARLSBAD, a municipal corporation of the State'of California,
hereinafter referred to as "City", whose-addre
Carlsbad, California; 92008.
-WITNESSETH
WHEREAS, Developer is the owner of the-r
'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 proposes a development project as follows:
14 Unit Condominium Devat
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_ .c./- FF3-s .
. , 4 * , on said Property, which,developme,nt carries the pw,pose.d name of 1104
,a . pointe San Malo
and is hereafter referred to as "Development"; and I
WHEREAS, Developer filed on the day- of March ,
1983 , with the City a request for Tentative MaD Extensior,
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 April 2, 1982, in file -with the City Clerk and
incorporated by this reference, and that the City's public facilities
and services are. at c'apaccfy and will not be .available to accommodate
the addit.ional 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 prese.ntly 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
- - p-ublic facilities fee.
. . .
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, NOW, THEREFORE, in consideration of the recitals and the , .* -
co;renants contained b- ein, the'parties agree a -Follows: 1105
1. The Developer shall pay to the City a public facilities fee
in an amount not to exceed 2% of the bu.ilding permit valuation of the
building OY 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 o f existing building 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 b.e 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 to City-a public
facilities fee in'the sum of $1,150 for each mobilehome space to b-e
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 Nunicipal Code.
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'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 a*gainst the fee shall be determined by City prior to the
issuance of any building or other permits. Such determinati'on,.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 Co.de.
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. r
. 5. City agrees to provide upon request reasonable assurances to :
enable Developer to comply with any requirements of other public
agencies as evidence of ade.quate public facilities and services
sufficient to accommodate the needs of the Development herein
described. . -
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. . . 6. All obligations hereunder shall terminate in the event the * ‘. _.
. ReqGeSts made by Develc-?r are not approved.. I ', . - 1107
7: Any notice from one party to the other shall be in writing,
and shall be dated and signed by the. party giv'ing 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:
I
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 may have been designated, postage prepaid and‘certified.
8. . This agreement shall be binding-upon and shall-inure to the
benefit o-f, 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 beveloper should cease to have any interest in the
Property, all obligations of Developer hereunder shall terminate;
provided, however, that any successor of Deveioper's interest in the
-property shall have first assumed in writing the Developer's
obligations hereunder.
9. This agreement sh'all 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.
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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: Native Sun Investment
Group
- BY
CITY OF CARLSBAD, a municipal
corporation of the
State of California .
BY
City Manager
(Title)
ATTEST:
AL~THA L. RAUTENKRANZ, Cit.y Clerk
*APPROVED AS TO FORM:
VINCENT F.-BIONDO, JR., City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.)
*
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f m
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s al = i=
STATE OF CALIFORNIA
COUNTY OF Orange
On March 30, 1983 , before me, the undersigned, a Notary Public in and for
said State, personally appeared Michael R. Mahoney
a
z personally known to me (or proved to me on the basis of satis-
ii bactory evidence) to be the person that executed the within
5 .- instrument as General c partner(s),
E F on behalf of Native Sun Investment
% Group , the partnership
a
Fi therein named and acknowledged to me that the partnership
2 executed it.
OFFICUL SW
SUZANNE NINA fUCCtl~NI
PUBLtc . CAL-
a WITNESS my hand and official
z
(This area for official notarial seal)
t . .‘-LEGAL DESCRIPTION -
ORDER NO.- 875561-2 ‘1110
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 1:
All that portion of Lot 2 in Section 1, Township 12 South, Range 5 West, San
Bernardino Base and Meridian, In the City of Carlsbad, In the County of San
Diego, State of California, according to Official Plat thereof, lying
Southwesterly of the right of way of the Atchleon, Topeka and Santa Fe Railway,
more particularly described as follows:
Eeginnlng at the Southwest corner of said Lot 2, said Point of Beginning being
also the Northeasterly corner of Lot 4 of said Section 1 as showu on the Map of
CRANVILLE PARR NO. 1782, Records of San Diego County; thence along the Westerly
line of aaid Lot 2, Worth O”lO’ East to its intersection with the Westerly right
of way line of the Atchison, Topeka and Santa Fe Railway; thence along said -
railway right of way, South 41”40’40” East (Record South 41’16’ East) a distance
of 353.20 feet to the beginning of a curve concave to the Northeast and having a
radius of 1532.69 feet; thence along the arc of said curve through a central
angle of 1°19’30” a dietance of 35.45 feet (Record 31.73 feet) to its
intereection with the Southerly line of said Lot 2; thence along said Southerly
line of Lot 2, North 89’50’ West a distance of 257.04 feet (Record 256.21 feet)
to the Point of Beginning.
PARCEL 2:
That portion of Lot 3, Section 1, Township 12 South, Range 5 West, San
Bernardino Baee and Meridian, In the City of Carlsbad in the County of San
Diego, State of California, according to Official Plat thereof, described a8
follows:
Beginning at the Southeast corner of said Lot 3., Section 1; thence along the
East line of aaid Lot 3, Worth O”04’30” West 417.05 feet to the Southwesterly
right of way line of the Atchieon, Topeka and Santa Fe Railway; thence along
said line North 41’16’ Weat to the Southeasterly boundary of Parcel Map No. 1033
filed in the Office of County Recorder of San Diego County; thence in a
Southwesterly direction along said Southeasterly boundary to the Southerly line
of said Lot 3; thence South 89’55’30” East along maid South line to the Point of 1 Beginning.
‘_ . LBGAL DESCRIPTION -
ORDER NO. 875561-2
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EXHIBIT "A"
LECAL DESCRIPTION
PARCEL 3:
That portion of Lot “A” of GMNVILLB PARR UNIT NO. 2, according to Hap thereof
No. 2037 and that portion of Lot 47 of GRAUVILLE PARR and that portion of Laguna
Drive adjacent thereto (vacated by Resolution No. 918 of the City Council of the
Cl ty of Carlsbad, California recorded July 19, 1963 as File No. 126793 of
Official Records of San Diego County, California) according to Hap thereof No.
1782-all In the City of Carlsbad, County of San Diego, State of California and
filed In the Office of the County Recorder of said County, more particularly
described as follows:
Beginning at a point in the Easterly line of Mountain View Drive showu on said
Map No. 17 82, said point being on a curve, concave Easterly, having a radius of
268.03 feet, a radial line through said point bears South 57’36’45” West (Record
South 58’14’45” Weat per said Map No. 1782); thence Southeasterly along the arc
of said curve, through a central angle of 2’08’16”, a distance of 10.00 feet;
the last said course being along the Northeastely line of said Mountain View
Drive and along the Southwesterly line of said Lot 47; thence leaving said
Northeasterly line of Mountain View Drive, North 3’43’49” West, 139.99 feet;
thence North 15’17’29” Weet, 59.75 feet to a point in the Northwesterly line of
said Laguna Drive (vacated) said Northwesterly line also being the Southeasterly
line of eald Lot “A”, said point being on a curve, concave Southeasterly, having
a radius of 207.16 feet, a radial line through said point beare North 45”21’44”
West; thence Northeasterly along the arc of last said curve, and along the
Northwesterly line of said Laguna Drive (vacated), through a central angle of
12’35’14”, a distance of 45.51 feet to a point on the Southwesterly right-of-way
line of the Atchison Topeka and Santa Fe Railroad (200 feet wide) as shown on
said Maps No. 1782 and No. 2037, said point being on a curve, concave
Northeasterly, having a radius of 1532.69 feet, a radial line through said point
bears South 39’44’30” West (Record South 40”23’15” West per said Map No. 1782);
thence Northwesterly along the arc of last said curve being the Southwesterly
r lgh t-of -way line of said Atchison, Topeka and Santa Fe Railroad and the
Northeasterly line of maid Lot “A”, through a central angle of 7°09’30”, a
distance of 191.49 feet (Record 191.51 feet per said.Map No. 2037) to the
Northeasterly corner of said Lot “A”; thence along the Northerly line of eaid
Lot “A”, South 89’28’00” West, a distance of 595.58 feet to a point which bears
Worth 89’28’00” East along the Northerly line of said Lot “A”, 265.75 feet from
the intereection of said Northerly line of Lot *A” with the center line of a
40.00 foot easement as described in Rook 1696 at page 102 of Deeds, said point
being In the arc of a 300.00 foot radius curve, concave Northwesterly, a radial
line through said point bears South 54°04’19” East; thence Southwesterly along the arc of last said curve, through a central angle of 14’59’14’, a distance of
78.47 feet; thence tangent to last said curve South 50’54’55” West to the Bean
Righ Tide Line of the Pacific Ocean; thence Southeasterly along the Wean High
Tide Line of the Pacific Ocean to the Southwesterly extension of the
Southeasterly line of safd Lot -A”; thence North 56°51’OO” East along said
Southwesterly extension and along the Southeasterly line of said Lot -An, 297
feet more or less to a point on the Northwesterly line of Ocean Street (formerly
Laguna Drive per Hap No. 2037) said point being on a curve, concave Southeasterly, having a radius of 127.29 feet, a radial line through said pofnt
-
..*” * 1112’
LEGiL DESCRIPTION . ORDER NO: 875561-2
EXHIBIT "A"
LEGAL DESCRIPTION
bears North 73°16’OO” West; thence continuing Northeasterly along the
Southeasterly line of said Lot “A” (being also te Northwesterly line of said
Ocean Street along the arc of last said curve, through a central angle of
63°07'00", a distance of 140.22 feet to the beginning of a compound curve,
concave Southeasterly, having a radius of 190.00 feet; thence continuing
Easterly along the Southeasterly line of said Lot "A" (being also the
Northwesterly line of said Ocean Street) along the arc of last said curve,
through a central angle of 10°39’20”, a distance of 35.34 feet to the Southwest
corner of land described In Deed to R. B. J. Enterprises recorded January 4,
1965 as File No. 124 of Official Records of San Diego County, California
hereinafter referred to as Deed No. 1; thence North 32’59’40” West (record North
32’21’40” West per said Deed No. 1) along the Southwesterly line of said land to
R. B. J. Enterprises, 315.00 feet to the Northwest corner thereof; thence North
85’37’50” East (record Worth 86’15’50” East per said Deed No. 1) along the
Northerly line of said land to R. B. J. Enterprises, 560.04 feet to the
Northeast corner thereof; thence South 19’23’48” East (record South 18’45’48”
East per said Deed No. 1) along the Northeasterly line of said land to R. B. J.
Enterprises, 5.0.00 feet; thence leaving the Northeasterly line of said land to
R. B. J. Enterprises, South 38”27’47” East 27.55 feet; thence South 10’25’27”
East 57.71 feet to a point on the Northeasterly line of said land to R. B. 3.
Enterprises, which bears along said Northeasterly line North 19”23’48” West
(record North 18’45’48” West per said Deed No. 1) 31.96 feet from a point of
compound curvature on the Easterly line of said Laguna Drive (vacated) as shown
on sad Map No. 1782 (said point also being an angle point in the Northeasterly
line of said land to R. B. J. Enterprises) thence South 19’23’48” East (record
South 18’45’48” East per said Deed No. 1) along the Northeasterly line of said
land to R. B. J. Enterprises, 31.96 feet to an angle point therein, said point
being the beignning of a tangent curve, concave Northeasterly having a radius of
268.03 feet, said point also being a point of compound curvature in the Easterly
line of said Laguna Drive (vacated) a radial through which bear8 South 70’36’12”
West (record South 71’14’12” West per said Map No. 1782); thence leaving te
Northeaeterly line of said land to R. B. J. Enterprises, South 12”03*11” Eaet,
35.99 feet to a point on the arc of a curve, concave Southwesterly, having a
radius of 65.00 feet, which is distant Northwesterly 27.30 feet, measured along
the arc of said curve from the TRUE POINT OF BEGINNING herein, a radial line
through said point bears North 33”33’05” East; thence Southeasterly along the
arc of last said curve, through a central angle of 24’03’40”, a distance of
27.30 feet to the TRUE POINT OF BEGINNING.
EXCEPTING therefrom any portion of said land lying below the mean high tide line
of the Pacific Ocean.
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