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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 REV 4-2-82 : _ .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. . . . -2- REV 4-2-82 , 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. -3- REV 4-2-82 . ’ * . .I , - * - 1106 - . ’ '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. . - -4- . - . . . 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. -5- : REV 4-2-82 _ . . . ,. . * * . 1108 . , 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.) * -6- _ R.EV 4-2-82 _a _ . f m ii 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 . -*- 1111’ - 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. em/k1