HomeMy WebLinkAboutCT 82-12; Buie Corporation; 87-455592; Public Facilities Fee Agreement/Release1.
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t 977 87--455592
. I ,'dECORDiNG REQUESTED BY AND 1
WHEN RECORDED MAIL TO: \
CITY OF CARLSBAD i 1200 Elm Avenue Rf AuS I 2 #iqd r,3: 5 f#
Carlsbad, California 92008 VEfii! 1. 1 j / I' [‘?_;i* I 'y i{i ;;lj':<:,t :, i
Space above tnis line for Recorder's use
Documentary transfer tax:-
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. ,(gR-oso-us, 0%
AGREEMENT BETWEEN CEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into tnis fi day of
by and between
a , hereinafter referred to as
"Developer" WhOSe address is 16536 B
San Diego, California. 92128 (City, state, zip code)
and THE CITY OF
CARLSBAD, a municipal corporation of the State of California, nereinafter
referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California,
92008.
WITNESSETk
WHEREAS, Developer is the owner of tne real property described on
Exhibit ImA"* * 9 attamed hereto and made a part of this agreement, nereinafter
referred to as "Property"; and
WHEREAS, Tne Property lies witnin the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
act 82-u 893 unit subdivision
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on said Property, which development carries the proposed name of
Carl&ad Highlands
and is hereafter referred to as I~Development"; and
WHEREAS, Oeveloper filed on the day of 3
19 , With the City a request for an Agreement between City and Developer
Tract 82-12
hereinafter referred to as "Request"; and
WHEREAS, tne 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
snall not be approved (said element is on fi
incorporated by this reference); and
WHEREAS, Developer and City recogni
No. 17, dated April 22, 1986
this reference, and tnat tne
capacity and will not be ava
on file with the City Clerk
City's public facilities and
lable to accommodate the add itional need for public
le with tne City Clerk and is
ze tne correctness of Council Policy
and incorporated by
services are at
facilities and services resulting from tne proposed Development; and
WHEREAS, Developer has asked tne City to find tnat public facilities
and services will be available to meet tne future needs of the Development as
it is presently p-oposed; but tne 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 tnerefore, Developer proposes to nelp
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 tne covenants
contained herein, the parties agree as follows:
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1. Tne Developer wall pay to the City a public facilities fee in an
amount not to exceed 2.5% of tne building permit valuation of the building or
structures to be constructed in the Development pursuant to tne Request. Tne
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 tnat time,
This fee wall be in addition to any fees, dedications or improvements required
pursuant to Titles 18, 20 or 21 of tne Carlsbad Municipal Code. Developer snall
pay a fee for conversion of existing building or structures into condominiums in
an amount not to exceed 2.5% of tne 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. Tne terms "other construction permits", "otner construction
permit" and "entitlement for use" as used in this agreement, except in reference
to mobilenome sites or projects, wall not refer to grading permits or otner
permits for tne construction of underground or street improvements unless no
other permit is necessary prior to the use or occupancy for whiCn the
development is intended. Developer Shall pay the City a public facilities fee
in the sum of $1,150 for eacn mobilenome space to be constructed pursuant to the
Request. Tne fee snall be paid prior to the issuance of building or otner
construction permits for the development. This fee snall 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
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facilities, the City shall consider, but is not obligated to accept tne offer.
Tne time for donation and anount of credit against the fee shall be determined
by City prior to the issuance of any building or otner 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
3. This agreement and the fee paid pursuant hereto are required to
ensure tne consistency of the Development with the City's General Plan. If tne
fee is not paid as provided herein, the City will not have tne 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 otner construction permit or entitlement for use shall be issued
until tne public facilities fee required by tnis agreement is paid.
4. City agrees to deposit the fees paid pursuant to this agreement in
a pub lit facilities fund for tne financing of public facil ities when tne City
Council determines the need exists to provide tne facilities and sufficient
funds from tne payment of tnis and similar public facilities fees are
available.
18 or 20 of the Carlsbad Municipal Code.
5. City agrees to provide upon request reasonable assurances to enable
Developer to comply witn any requirements of other public agencies as evidence
of adequate public facilities and services sufficient to accommodate tne needs
of tne Development nerein described.
6. All obligations nereunder snail terminate in tne event tne Requests
made by Developer are not approved.
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7. Any notice from one party to the other shall be in writing, and
snall be dated and signed by the party giving sucn notice or by a duly
autnorized representative of SUCh party. Any such notice snail not be effective
for any purpose whatsoever unless served in one of tne 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 tne
City for attention of the City Manager, postage prepaid and certified.
7.2 If notice is given to Developer by personal delivery tnereof
to Developer or by depositing the same in the United States Mail, enclosed in a
sealed envelope, addressed to Developer at tne address as may have been
designated, postage prepaid and certified.
8. Tnis agreement snall be binding upon and snail ensure to the
benefit of, and snall apply to, tne respective successors and assigns of
Developer and tne City, and references to Developer or City nerein shall be
deemed to be reference to and include tneir respective successors and assigns
without specific mention of sucn successors and assigns. If Developer snould
cease to have any interest in the Property, all obligations of Developer
hereunder snall terminate; provided, however, tnat any successor of Developer's
interest in the property Shall have first assumed in writing tne Developer's
obligations hereunder.
9. This agreement shall be recorded but snail not create a lien or
security interest in the Property. When tne obligations of tnis agreement nave
been satisfied, City snall 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:
BY
CITY OF CARLSBAD, a municipal
corporation of the
State of California
(Ti tie)
ATTEST:
APPROVED AS TO FORQ:
BY
Development Director
.
7 (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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CAT. NO. NN00737 - - ___-._---.--
TO 1945 CA (7-92)
(Corporation) ANU IMU
*TKon COUPANY STATE OF CALIFOR IA
COUNTY OF &b /cF-lGO 5s*
On G7GL.V ~2, /y/7
t
before me, the undersigned, a Notary Public in and for
said State, personally appeared #J%l&zz7- Ic: 3iiJfi
personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the _---- .*-.ffte- of’-.
----- ____ Secretary of the Corporation that executed the within instrument and acknowledged
to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors.
(This area for official notarial seal)
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EXHIBIT "A"
LEGAL DESCRIPTION
983
PARCEL 1:
Those portions of Lots "I)" and "L" of RANCH0 AGUA HEDIONDA, according to
Map thereof No. 823, filed in the Office of the County Recorder of said
County, November 16, 1896, described as follows:
Beginning at the Southeast corner of said Lot 'L'; thence South OO22'22'
West along the Southerly prolongation of the Easterly line of said Lot
"L" a distance of 660.00 feet; thence South 89O36' West parallel with
the Southerly line of said Lot "L" a distance of 2549.26 feet to a point
in a line which is parallel with and 89.92 feet Easterly from the South-
erly prolongation of the Westerly line of said Lot "L" being the TRUE POINT OF BEGINNING; thence North 76O24' East 1925.00 feet; thence North 41O54'35" East 1027.32 feet to a point in said East line of said Lot 'L" distant thereon 575.00 feet Northerly from said Southeast corner of said Lot "L"; thence North OO22'22" East along said East line 745.17 feet to the Southwest corner of Section 35, Township 11 South, Range 4 West, San Bernardino Base and Meridian, being a point which is distant Southerly
330.00 feet from the Northeasterly corner of said Lot "L"; thence along
the Southerly line of said Section 35, South 88O54'31' East 2660.50 feet to the East line of said Lot "D"; thence along said East line South OOO7'35' East 3740.00 feet; thence at right angles South 89O52'25" West 2032.22 feet more or less to the Westerly line of said-lot "D"; thence along said Westerly line of Ldt "5' and the Northerly prolongation
thereof North 13'10'34" West 1735.00 feet; thence at right angles South
76O49'26" West 2716.13 feet more or less to the center line of a proposed 30.00 foot road easement as described in deed to Carlsbad Municipal Water District, recorded April 4, 1957 as Document No. 50332; in Book 6523, page 348 of Official Records; thence along said center line North 18O20'30" (Record 19O25'30") West 482.00 feet, more or less, to an angle point therein; thence North l"11'30" (Record 2O16'30") West 305.18 feet
to the TRUE POINT OF BEGINNING.
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LEGAL DESCRIPTION
PARCEL 2:
An easement and right of way for road purposes over a continuous strip of land 60.00 feet wide in Lots "D" and “E" of RANCH0 AGUA HEDIONDA,
according to Map thereof No.
Recorder of said County, 823, filed in the Office of the County
described as follows: the center line of said 60.00 foot strip being
Beginning at corner NO. 1, of said Lot "E"; thence Northwesterly in a
straight line 135.40 feet more or less to Engineer’s Sation B. C. 130
plus 00.23 at the Northwesterly end of a 400.00 foot radius curve in the
center line of the County Road known as Road Survey No. 682, according
to Map thereof on file in the Office of the County Surveyor of said county; thence along the center line of said County Road Survey No. 682 North 67'46' West (record North 67'10' West) 3092.48 feet to the TRUE
POINT OF BEGINNING, of said center line of the 60.00 foot easement described herein, said TRUE POINT OF BEGINNING, being South 67O46' East
59.89 feet from the intersection of said center line with the Northerly
prolongation of the Easterly line of Lot "I" of said Ranch0 Agua Hedion-
da; thence North 29O29'30' East 332.63 feet; thence North 38O27'30' East 349.61 feet; thence North 64O26'50“ East 494.62 feet; thence South
79°01'10" East 634.84 feet; thence North 63°58'50" East 387.32 feet; thence North 47OO2' East 404.90 feet; thence North 5OO31'3O'East 1167.34
feet; thence North 3O14' East 960.18 feet; thence North O"03'10" East
1266.45 feet; thence North 19O25'30" West 691.73 feet; thence North
Z"16'30" West 305.18 feet to a point on a line which is parallel with
and 660.00 feet Southerly at right angles from the Southerly line of Lot 'L' of said Ranch0 Agua Hedionda said point being distant Easterly along said parallel line 89.92 feet from the intersection of said parallel line with the Southerly prolongation of the Westerly line of said Lot 'L' said 60.00 foot strip beginning in the Northerly line of said County Road and ending in the parallel line described above.
EXCEPTING THEREFROM that portion thereof lying within Parcel 1 herein described.
tg/bls 2/5/80