HomeMy WebLinkAboutCT 83-30; Kel-Cal; 87-496009; Public Facilities Fee Agreement/Release*. * . : ‘. ,’ . . . (t 1983 +. , .;-. _ RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
1 CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
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Space above this line for Recorder’s use
Documentary transfer tax :e
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. /g&G 03eP a =
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this /BPday of /%9&!!4 I
19 4 by and between KEL-CAL
(Name of developer-owner)
a partnership , hereinafter referred to as
(Corporation, partnership, etc. )
“Developer” whose address is 11601 Wilshire Boulevard. (Street)
Los Anqeles, California 90025 and THE CITY OF
(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California, hereinafter referred
to as “City”, whose address is 1200 Elm Avenue, Carlsbad, California, 92008.
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 proposes a development project as follows:
CARLSBAD TRACT 83-30
REV 7-28-87
cm-?, b. ..-,
. , :.. ,. A c 1986 - .. .’ . . 3 .# .’ - on said Property, which development carries the proposed name of
Kelly Ranch
and is hereinafter referred to as “Development”; and
WHEREAS, Developer filed on the 9th day of April I
&@ 19 8p , with the City a request for a One Year extension to Tentative
Tract Map 83-30
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 28, 1987, 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:
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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 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 mobile home 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 mobile home 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
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. . facilities, the City shall consider, but is not obligated to accept the offer. The
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 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 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 Requests
made by Developer are not approved.
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.
I - 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 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 ensure to the
benefit of, and shall app1.y to, the respective successors and assigns of
Developer and the City, and references to Developer City herein shall be
deemed to be references 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 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:
< KEL-CAL
I (name) KAUFMAN AND BROAD OF
BY SOUTHERN CALIFORNIA, INC.
Partner
(Title)
BY
Vice President
(Title)
I
ATTEST:
ALETHA L. RAUTENKRANZ, City Cler
AP OVED AS TO FORM: FT
. @-.A
F. BIONDO, JR.,
City Attorney
,
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY MARTIN ORENYW
For City Manager
I (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached. )
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C’ARTNERSHIP ACKNOWLEDGMENT NO. 203
State of CALIFORNIA 1 On this the -!?!!!!day of AUGUST 1987, before me, .
IQSANGELES ss.
County of BFDJDAK.PARSON
the undersigned Notary Public, personally appeared
ROBEFU M. CW!AY
'L~~~~l~~~~~9~~~~~~~~B~~8~~~9.................* : OFFICIAL SEAL
: :
: BRENDA K. PARSON :
: NOTARY PUBLIC - CALIFORNIA 5
: PRINCIPAL OFFICE IN
: i My Cornrnis&n
LOS ANGELES COUNTY : : Expires December 18, lQ87 : 1............................,........,.,,m.”!
& personally known to me
&I proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed it.
WITNESS mv hand and official seal.
.
Notary’s Signature
122 NATIONAL NOTARY ASSOCIATION l 23012 Ventura Blvd. . p.0. Box 4625 l Wocdland HIIIs. CA 913
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[I 1991
EXHIBIT “A”
LEGAL DESCRIPTION
. . . . , LEGAL DESCRIPTION _ '. ORDER NO. gogolo-6 --'
EKtimT ‘A’
PtbG I OF )
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0 1992
The land referred to herein is situated in the State of California, County of San Diego, and is described as follows:
PARCEL 1:
That portion of Lot "I" of RANCH0 AGUA HEDIONDA, a part of which lies within the City of Carlsbad and a part of which lies outside in the City of Carlsbad, and
that'portion of Lot "F" of RANCH0 AGUA HEDIONDA, all in the County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of said San Diego County, described as a whole as follows:
Commencing at corner No. 15 of said Lot "I"; thence Southeasterly along the Southerly line of said Lot "I", South 53"44'35" East, 499.45 feet to the most
Southwesterly corner of a parcel of land described in deed to Robert W. Phipps, et ux, recorded October 29, 1958 as File No. 179767 of Official Records; thence along the boundary line of said Phipps land North 25'01'15" East (Record North
24'53'50" East) 597.82 feet; thence following said boundary line, South 47"36'05" East 153.79 feet to the beginning of a tangent curve concave Northerly
having a radius of 355.00 feet; thence Easterly along said curve 376.92 feet 'through an angle of 60'50'00"; thence tangent to said curve North 71"26'30" East (Record North 71'33'55" East) 306.46 feet (Record 306.54 feet); thence South
59"29'39" East 251.51 feet to the Northeasterly corner of that certain parcel of
land described as Parcel 2 in deed to Carlsbad Bay Properties, Inc., a corporation, recorded December 31, 1958 in Book 7424, page 220 of Official
Records and the TRUE POINT OF BEGINNING; thence continuing South 59'29'39" East 261.16 feet; thence South 82'26'24" East 1278.39 feet to the Southerly terminus of a 400.00 foot radius curve concave Northwesterly, a radial line of which bears South 07'33'36" West to said point, said point being the Westerly corner
e of a parcel of land described as Parcel 1 in Deed to Allan 0. Kelly, a married man, recorded September 20, 1966 as File No. 151710 of Official Records; thence Easterly and Northeasterly along the arc of said curve, being also along the
Northwesterly line of said Kelly land, through a central angle of Sg"23'14", a distance of 617.06 feet to the Northerly corner of said Kelly land; thence leaving said Kelly land and continuing along the arc of said 400.00 foot radius
curve through a central angle of 14'16'21", a distance of 99.64 feet; thence tangent to said curve North 05'05'59" West 205.50 feet to the beginning of a tangent 800.00 foot radius curve concave Easterly; thence Northerly along the
arc of said curve through a central angle of 15'42'03" a distance of 219.23 feet to the beginning of a compound curve having a radius of 400.00 feet; thence Northeasterly along the arc of said curve through a central angle of 67'42'33" a
distance of 472.70 feet to the end of said .curve, being the Easterly corner of that certain parcel of land described as Parcel 1 in deed to Carlsbad Bay Properties, Ltd., a limited partnership, recorded September 20, 1966 as File No.
15172 of Official Records; thence North 7g018'37" East 54.81 feet to the Southwesterly corner of that certain parcel of land described as Parcel 1 in deed to Allan 0. Kelly, et al, recorded June 24, 1959 in Book 7735, page 62 of Official Records; thence continuing North 78'18'37" East, and following along the Southerly line of said Kelly, et al, property, a distance of 265.10 feet to the most Southwesterly, Westerly line of Carlsbad Tract 71-5, according to Map
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, ‘,. . -..- LEGAL DESCRIPTION - 2, .' .-_ ORDER NO. 909010- 6
thereof No. 7292, filed in the Office of the County Recorder of San Diego
County; thence South 11'50'15" East along said Southwesterly, Westerly line of
Carlsbad Tract 71-5, a distance of 100.00 feet to the most Southwesterly corner
of said Tract; thence following the boundary of said Carlsbad Tract 71-5, South
75"38'26" East a distance of 413.87 feet to the Southerly corner thereof; thence
continuing along said boundary North 40'58'14" East (Record North 40'59'10"
East), a distance of 604.12 feet to intersect the Southwesterly line of that certain parcel of land described in deed to W. Allan Kelly, et al, recorded
August 17, 1973 as File No. 73-231802 of Official Records; thence along said Southwesterly line South 49'01'46" East a distance of 151.95 feet to the Southerly corner of said Kelly, et al, land; thence North 68'10'54" East (Record
North 68'27'40" East) a distance of 369.67 feet to the most Southerly corner of that certain parcel of land described in Deed to W. Allan Kelly et al, recorded August 17, 1973 as File No. 73-231803 of Official Records; thence continuing
North 68'10'54" East (Record North 68'27'40" East) along the Southerly boundary line of the last referenced Kelly, et al, parcel of land a distance of 870.62 feet to an angle point therein; thence South 26'43'12" East 12.72 feet to the
Southeasterly corner of said last referenced Kelly, et al, parcel of land being also a point in the Westerly line of a parcel of land described in deed to J. Blair Pace, et ux, recorded July 17, 1957 as File No. 106397 of Official
Records; thence South 43'10'00" East along the boundary line of said Pace parcel
of land a distance of 239.00 feet to the most Southerly corner thereof; thence
North 84"42'10" East along said boundary line of that certain parcel of land
described in deed to J. Blair Pace, et ux, recorded December 24, 1958 in Book 7413, page 212 of Official Records; thence following said Southwesterly line South 44'27'10" East, a distance of 15.20 feet to the Southerly line of said
last referenced Pace land; thence along said Southerly line North 84"42'10"
East, 409.59 feet to the Southeasterly corner of said Pace land; thence along
the Southeasterly line of said Pace land North 25’29’30” East to intersect the e Southwesterly line of that certain parcel of land conveyed to the County of San Diego and described in deed recorded January 2, 1970 as File No. 11638 of Official Records; thence Southeasterly along said Southwesterly line of the County of San Diego land to intersect a line between Corner No. 1 and Corner No. 2 of Lot "I" of said RANCH0 AGUA HEDIONDA per Map No. 823; said line being also
a common boundary line between Lot "I" and Lot "F" of said Map No. 823; thence South 02'26'54" East (Record South Ol"38'25" East) along said common boundary line to the intersection of said line with the Northeasterly line of that certain parcel of land described in deed to Marvin H. Sippel, et ux, recorded November 13, 1962 as File No. 193941 of Official Records; thence along said Northeasterly line North 55"38'25" West 136.00 feet; thence South 43'17'40" West 173.40 feet to the point of tangency of a 500.00 foot radius curve concave
Northwesterly; thence Southwesterly along said curve 135.30 feet through an angle of 15'30'15" to a point on the arc of said curve; thence South 21'38'25" East 106.33 feet; thence South 55'38'25" East 375.00 feet to intersect said
common boundary line between Lots "I" and "F"; thence along said common boundary line South 02'26'50" East (Record South 01'38'25" East) to corner No. 1 of said Lot "I"; thence South 82"42'40" East a distance of 341.92 feet to Corner No. 19
of said Lot "I"; thence South OO"17'50" East 2652.09 feet (Record 2640.00 feet) to Point No. 5 of Lot l 'F" of said Map No. 823; being the Northeasterly corner of that certain parcel of land described in Deed to Howard G. Kirgis, et ux,
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. .’ . ,a- LEGAL DESCRIPTION 3 '. . Z'", . ...I 3 ORDER NO. 909010- 6 _L- PBbe 3 OF 4
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recorded September 24, 1957 in Book 197, page 6761 of Official Records; thence
Westerly and along the Northerly boundary of said Lot ."F" between Point No. 5
and Point No. 6 of said Lot "F" a distance of 5684.00 feet more or less to said Point No. 6 of Lot "F", being also corner No. 17 of said Lot "I"; thence leaving said common corner and following along the Southwesterly line of said Lot "I", North 64'42'00" West a distance of 1944.77 feet, more or less, to the Southeasterly corner of that certain parcel of land described as Parcel 2 in
deed to Carlsbad Bay Properties, Inc., a corporation, recorded December 31, 1958 in Book 7424, page 220 of Official Records, heretofor referenced; thence along the Southeasterly line of said Carlsbad Bay Properties, Inc. parcel of land
North 25°01'15"~East a distance of 902.08 feet to the TRUE POINT OF BEGINNING.
PARCEL 2:
All that portion of Lot 1 of RANCH0 AGUA HEDIONDA in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823 filed in the Office of the County Recorder of San Diego County November 16, 1896,
described as follows:
Beginning at the most Southerly corner of CARLSBAD TRACT 71-5, Map thereof No.
7292 on file in the Office of said County Recorder; thence along the Southeasterly line of said Map No. 7292 North 40"58'14" East (Record North
40"59'10" East) 604.12 feet to the TRUE POINT OF BEGINNING; thence continuing
along said line North 40"58'14" East (Record North 40"59'10" East) 81.77 feet to an angle point therein; thence continuing along the Easterly boundary of said
Map No. 7292 "North" 793.83 feet (Record "North" 794.05 feet) to the most Northerly corner of said Map No. 7292; thence leaving said boundary, along the Northeasterly prolongation of the Northeasterly boundary of said Map No. 7292, being also along the line called as "centerline" of the parcel of land granted w to the Carlsbad Mutual Water Company as an easement by Deed recorded November 3, 1941 in Book 1271, page 70 of Official Records, North 64"58'15" East (Record per Deed North 64'54'40" East) 446.21 feet; thence leaving said centerline "South"
1006.59 feet to a point in the centerline of the right-of-way easement denoted "Easement Number Two" as granted to the City of Carlsbad by Deed recorded May 10, 1965 as File No. 83317 of Official Records; thence along said centerline
South 68?10'54" West (Record South 68"27'40" West) 369.67 feet to an angle point
therein; thence leaving last mentioned centerline North 49'01'46" West 151.95
feet to the TRUE POINT OF BEGINNING.
Excepting therefrom all that portion lying within CARLSBAD TRACT NO. 73-45, according to Map thereof No. 8033, filed in the Office of the County Recorder of San Diego County, October 23, 1974 as File No. 74-282025 of Official Records.
PARCEL 3:
All that portion of Lot 1 of RANCH0 AGUA HEDIONDA in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823 filed in the Office of the County Recorder of San Diego County November 16, 1896, described as follows:
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Beginning at the most Northerly corner of CARLSBAD TRACT 71-5, Map thereof No. 7292 on file in the Office of said County Recorder; thence along the
Northeasterly prolongation of the Northeasterly boundary of said Map 7292, being also the line called as “centerline” of the parcel of land granted to the Carlsbad Mutual Water Company as an easement by Deed recorded November 3, 1941
in Book 1271, page 70 of Official Records, North 64’58’15” East (Record per Deed North 64 “54 ‘40” East) 446.21 feet to the TRUE POINT OF BEGINNING; thence continuing North 64 ‘54 ‘40” East, along said Northeasterly prolongation and along
said -centerline, 430.44 feet to an angle point in said centerline; thence continuing along said centerline South 88’01 ‘06” East (Record South MI059 ‘15” East) 555.10 feet to a point in the Westerly boundary of land granted to
J. Blair Pace, et ux, by Deed recorded December 24, 1958 as File No. 216747 of
Official Records; thence along said Westerly boundary South 05’45’19” West (Record South 05’39’40” West) 283.67 feet to an intersection with the Westerly
boundary of land granted to J. Blair Pace, et ux, by Deed recorded July 17, 1957
as File No. 106397 of Official Records; thence along last mentioned Westerly boundary South 10°05’39” West (Record South 10’00’ West) 584.07 feet; thence
leaving said Westerly boundary North 26’43 ‘12” West 12.72 feet to a point in the
centerline of the right-of-way easement denoted “Easement Number Two” as granted to the City of Carlsbad by Deed recorded May 10, 1965 as File No. 83317 of Official Records; thence along said centerline South 6g010’54” West (Record South 68 “27 ‘40” West) 870.62 feet; thence leaving said centerline “North” 1006.59 feet to the TRUE POINT OF BEGINNING.
Excepting therefrom all that portion lying within CARLSBAD TRACC NO. 73-45,
according to Map thereof No. 8033, filed in the Office of the County Recorder of San Diego County, October 23, 1974 as File No. 74-282025 of Official Records.