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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 !‘“7 yp - 1 # 3: 26 ‘,‘f.‘ii,$ I_. I ’ t (1 1,” I 1 j (’ ; ( I- IL :I I .---._ .- 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: -2- REV 7-28-87 I. : . . ,. . . . .: : - J4 0 1981 - 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 -3- REV 7-28-87 ‘a. *. ...’ . 4- 1983 - . . 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. -4- REV 7-28-87 ‘, :. * - : 6 1989 - . . 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. -5- REV 7-28-87 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. ) -6- REV 7-28-87 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 . . . . r, , . * .’ 4’ ’ r [I 1991 EXHIBIT “A” LEGAL DESCRIPTION . . . . , LEGAL DESCRIPTION _ '. ORDER NO. gogolo-6 --' EKtimT ‘A’ PtbG I OF ) - 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 . . . . IId , ‘,. . -..- 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, . . .’ . ,a- LEGAL DESCRIPTION 3 '. . Z'", . ...I 3 ORDER NO. 909010- 6 _L- PBbe 3 OF 4 6 1994 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: . . . ; ,* - LEGAL DE SCRIPT ION + . ri ’ ‘; : ‘- ORDER NO. 909010- 6 -.. P/Tb’2 +bt= 4 - - .L * . . I - 4 1993 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.