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HomeMy WebLinkAboutCT 85-09; California Pacific Homes Inc; 1993-0233018; Public Facilities Fee Agreement/Releasec / RECORDING REQUESTED PY AND 1 WHEN RECORDED MAIL TO: 1 -! 32 15-APE--1793 03=SP Pfl City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-l 989 OFFICIAL liEC&‘DS SAW PIEGO CPUHTY RECORDER’S OFFiCE fiNH[TTE E!JAHS y Cri#Tj’ RECURPER RF: 11.00 FEES: 23. g(j AF: 17.00 Space above this line for Recorder’s use Parcel No. 255-031-l 8 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNlTY FACILITIES DISTRICT NO. 1 THIS AGREEMENT is entered into this A pr ; (.- 9 * day of ,19xf by and between California Pacific Homes, Inc. a California Corporation, hereinafter referred to as “Developer” whose address is 9191 Towne Center Drive, Suite L-l 01, San Diego, CA 92122 and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose ‘address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008-l 989. 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 proposed a development project as follows: 104 lot/l02 unit single family home subdivision on said Property, which development carries the proposed name of Vista Santa Fe, Area B and is hereafter referred to as “Development”; and WHEREAS, Developer filed on the 4 day of December, 1992, with the City a request for a tentative map extension 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 Form Approved & City Council July 2. la91 ROM X91-1WKJH 1 Cf d3-v UhD &v . - . h ? 33 the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 2, 1991, 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: 1. The Developer shall pay to Fhe City &public facilities fee in an amount not to exceed 1.82% 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 1.82% 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 Form Appmwd By city Cwnd July 2, 1991 Rno tm-104/K.ni 2 *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 $598 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 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. Form Llp(yovd City agrees to provide upon request reasonable assurances to enable Developer Bv *tv cwnd Juhl 2. 19Dl tlno #sl-ls4/KJH 3 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 Request made by Developer is not approved. 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 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 many have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and City, and references to Developer or City herein shall be deemed to be a reference 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.to 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. Form Apgmmd % C4ly Cound July 2, 1991 Reso t Bl-1WKJH .A I ’ personally appeared personally known to me - OR - 0 proved to me on the basis of satisfm ovidonw to be the perwt(s) whose wne(s) is&r0 Subscribed to the within instrunwnt and ac- knowtedged to me thai hWWUwy exocutad the. same in his/her/their ruthorired capacity(ies). and that by his/horltheir signature(s) on the instrumenf the person(8). ortheentityuponbehaffofwhiithepefson(s) acted, executed me instrlJmerlt. WiirnyhandandoMals.@. CAPAan CWWD 8Y SIGNER $ J a COFI#W~E I omcER(Sl ntrwl 0 P-R(sl 0 ATTOFINW-IN-FACT a msmm a smc~~~~ss : a ut0t~0t4~~~~~~0Fi ; a own:, . 7 I . *rrPmOWmn*m:~mo*Irorm#n-~a OmmALncaldm --orsa~sunrnonad-. 1 THIS CERTIFICATE $ TikorTypeofooaJment + MUST BE AlTACHEO TO THE DOCUMENT Number of Pages 08tOdoOCWWt ir OESCRISED AT RIGHT: Signer(s) Other Than Narnad Above ’ IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. Inc., CITY OF CARLSBAD, a municipal corporation of the State of California Sherrban Harmed I/ BY for City Maniger I Sr. Exeaive Vice President c (title) (signa re I9 . Dale Gleed (print name) nt Secretarv (title) AI-TEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY eputy City Attorne (Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) Form Approved Ely City Council JUry 2.1891 fbao 191-l 84lKJH : ,I State of California . personally known to me (or proved to me on the basis of satisfactory evidence; i 1: to be the person(s) whose name(s) is/are subscribed to the within instrument i 1: 1. and acknowledged to me that he/she/they executed the same in his/her/their : : ‘e 10 authorized capacity(ies), and that by his/her/their signature(s) on the instru- : : )* ment the person(s), or the entity upon behalf of which the person(s) acted, i 1: . be : : ‘0 : 1: : 1: . 1: : 1. : . . . . . . . . . . . . . . . . . . . ..*..................................................-.......*.....~..................................... 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: THAT PORTION OF LOT 9 OF RANCH0 LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF LOT 179 OF CARLSBAD TRACT NO. 81-16 (VISTA SANTA FE, UNIT NO. 3), IN THE CITY OF CARL&BAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11129, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 27, 1985; THENCE ALONG THE BOUNDARY OF SAID MAP NO. 11129, NORTH 35O26'45" WEST, 100.00 FEET; THENCE NORTH 15O39'52" WEST, 57.61 FEET; THENCE NORTH 38O58'08" WEST, 101.00 FEET; THENCE NORTH 34O31'41" WEST, 60.00 FEET; THENCE SOUTH 55O28'19" WEST, 19.74 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 88O15'18", A DISTANCE OF 30.81 FEET; THENCE NORTH 36O16'23" WEST, 109.69 FEET TO SHE BEGINNING OF A TANGENT 170.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 3O53'14", A DISTANCE OF 11.53 FEET; THENCE NORTH 32O23'09" WEST, 15.74 FEET TO THE BEGINNING OF A TANGENT 65.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE.OF 16O15'36", A DISTANCE OF 18.45 FEET TO A POINT OF REVERSE CURVATURE WITH AN 85.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 16°15'36n, A DISTANCE OF 24.12 FEET; THENCE NoRTH 32O23'09" WEST, 24.00 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY .ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 84O38'40", A DISTANCE OF 29.55 FEET; THENCE LEAVING SAID CURVE ALONG THE PROLONGATION OF RADIAL LINE TO SAID CURVE, NORTH 37O44'29" WEST, 60.00 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF PARCEL B OF CERTIFICATE OF COMPLIANCE FILED IN THE OFFICE O? THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 21, 1984 AS FILE NO. 84-358890 OF OFFICIAL RECORDS, SAID POINT BEING IN THE ARC OF A NON-TANGENT 520.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 37O44'29" EAST; THENCE ALONG THE BOUNDARY OF SAID PARCEL B, NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 2O33'03", A DISTANCE OF 23.15 FEET; THENCE NORTH 49O42'28" EAST, 370.82 FEET TO THE BEGINNING OF A TANGENT 730.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 17°21'11", A DISTANCE OF 221.09 FEET; THENCE NORTH 67OO3'39" EAST, 144.79 FEET. TO THE BEGINNING OF A TANGENT 270.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 16O56'41", A DISTANCE OF 109.42 FEET; THENCE NORTH 5OOO6'58" EAST, 9.69 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 17O51'02", A DISTANCE OF 124.62 FEET; THENCE NORTH 67O58'00" EAST, 121.06 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90000'00", A DISTANCE OF 31.42 FEET TO THE POINT OF CUSP TO WHICH A RADIAL LINE BEARS NORTH 67O58'00' EAST; THENCE LEAVING SAID CURVE ALONG A TANGENT LINE, SOUTH 22OO2'00" EAST, 202.60 FEET; THENCE NORTH 67O58'00" EAST, 60.00 FEET; THENCE SOUTH 22°02'OO' EAST, 450.00 FEET TO THE. BEGINNING OF A TANGENT 1,030.OO FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 12O44'30", A DISTANCE OF 229.06 FEET; THENCE SOUTH 09O17'30" EAST, A DISTANCE OF 150.00 FEET TO THE BEGINNING OF A TANGENT 930.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 24O04'51", A DISTANCE OF 390.87 FEET; -THENCE LEAVING SAID CURVE ALONG A NON- TANGENT LINE, SOUTH 63O37'05" WEST, 1,007.25 FEET; THENCE SOUTH 87O38'31" WEST, 114.29 FEET; THENCE LEAVING SAID BOUNDARY OF PARCEL B, NORTH 02O21'29" WEST, 181.84 FEET; THENCE NORTH 35OO5'54" WEST, 184.00 FEET; .THENCE NORTH 39O38'22" WEST, 100.00 FEET; THENCE NORTH 5OO21'38' EAST, 99.44 FEET; THEWCE NORTH 39O38'22' WEST, 220.66 FEET; THENCE NORTH 53O21'03" EAST, 152.51 FEET; THENCE SOUTH 15°21'00" EAST, 58.74 FEET;, THENCE SOUTH 35O26'45" EAST, 102.00 FEET; THENCE NORTH 54O33'15" EAST, 120.37 FEET TO THE POINT OF BEGINNING.