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HomeMy WebLinkAboutCT 85-09; Homes by Polygon; 85-111238; Public Facilities Fee Agreement/ReleaseRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 57'2 ' 8%111238 Y -.-- I ;, : :i’f!..,g: I‘< 1 WI ! , r {. I.,;“,‘; f:; ,: ‘c:‘z$’ i ci ‘A); ,; :.y n’rl ,j! ‘*;,;, i , .,I. 4 il ‘,, ?i ._, ; CITY OF CARLSRAD 1% API? -2 A!! 3. 54 1200 Elm Avenue . Carlsbad, California 92008 ; VE?A I, :.‘;‘,j ,I;,~ L- CQ’JNT Y i;if’: 1 . _ ,,I ‘,‘Li:.:! -.-A NO Fe - Space above this line for Recorder’s use Documentary transfer tax: $ No fee tax-firm name City of Carlsbad Parcel No. ad-3--ti3-92b5/-22d- 4/7 AGREEMENT ;~ETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this J$!-day of i/-fl&d#py, 19&- by and between Homes by Polyqon (name of developer-owner) a Corporation , hereinafter referred to as ~ (Corporation, partnership, etc.) “Developer” whose address is./3152 Redhill Avenue, Suite 100, Costa Mesa (street) California, 92626 (City, state, zip code) and THE CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose addr Carlsbad, California, 92008. WITNESSET 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: Sinqle family residential subdivision composed of 101 dwellinq units. REV 4-2-82 I . on’said Property, which development carries the proposed name of and is hereafter referred to as “Development”; and WHEREAS, Developer filed on the 22 day Of ak,)(ltiy , 19 %.5y- with the City a request for 101 lot Subdivision 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 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. -2- REV 4-2-82 . ” ,I%- 574 . . NOW, THEREFORE, -.I consideration of the rec.-al8 and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 2% 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 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 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 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 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. -3- REV 4-2-82 *e . ,I- - 575 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. 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. -4- REV 4-2-82 *. 6. All obligati . s hereunder shall terminaL in the event the . Requests made by Developer are 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 authorised 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 IJnited 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 arid shall inure to the benefit of, 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 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 4-2-82 . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California \c *L Homes by Polygon BY Michael Abee Chief Financial Officer (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Cle APPROVE- TO FORM:. / ,City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-2-82 STATE OF CALIFORNIA ss. COUNTY OF Q_rsfi?‘t -8 578 On this 22nd day of January ,1985, before me, the undersigned, a Notary Public in and for said County and State, personally appeared R.F. Padia personally known to me (or proved to me on the basis of satisfactory evidence) to be theExecutive Vice President, and Michael E. Abee personally known to me (or proved to me on the basis of satisfactory evidence) to be thee - F l 0 and Secretary of the corporation that executed the within instrument, ‘? and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same, AGNESMMPSTER pursuant to its by laws, or a resolution of its Board of Directors. NoWy PubIfc CalNmir WITNESS my hand and official seal. ORANof COWTY (I Notary signature# (This area for offacial seal) , 579 EXHIBIT "A" LEGAL DESCRIPTION Parcels A, B & C as described below PARCEL A That portion of Lot 9 of RANCH0 LAS.ENCINITAS, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 848, filed in the office of the County Recorder of San Diego County, being more particularly described as follows: Commencing at the Southwesterly corner of said Lot 9; thence along the Southerly line thereof, North 87" 38' 31" East 1429.71 feet to the TRUE POINT OF BEGINNING: thence leaving said Southerly line, North 2" 21' 29" West 181.40 feet; thence North 35" 05' 54" West 184.00 feet; thence North 39" 38' 22" West 100.00 feet: thence North 50" 21' 38" East 99.44 feet; thence North 39" 38' 22" West 220.66 feet; thence North 53" 21' 03" East 152.50 feet; thence South 15" 21' 00" East 58.74 feet; thence South 35" 26' 45" East 102.00 feet; thence North 54" 33' 15" East 120.37 feet; thence North 35" 26' 45" West 100.00 feet; thence North 15" 39' 52" West 57.61 feet; thence North 54" 37' 49" East 61.12 feet; thence North 51" 01' 52" East 182.20 feet: thence Nor.th.62" 82' 29" East 49.28 feet; thence South 82" 56' 17" East 46.91 feet; thence South 72" 00' 37" East 62.53 feet; thence South 55" 16' 04" East 11.06 feet; thence South 73" 39' 43" East 58.28 feet; thence South 62" 44' 37" East 17.29 feet; thence South 83" 54' 34" East 54.38 feet: thence South 61" 19' 22" East 10.29 feet; thence North 88" 53' 48" East 66.70 feet; thence North 86" 08' 38" East 71.23 feet; thence North 74" 18' 45" East 62.12 feet; thence South 10" 07' 53" East 94.81 feet: thence South 6" 10' 02" East 69.81 feet; thence South 2" 44' 54" East 69.81 feet; thence South 0" 31' 48" West 86.47 feet; thence North 80" 29' 02" East 12.10 feet; thence South 9" 30' 58" East 166.00 feet: thence North 84" 21' 36" East 61.64 feet: thence North 78" 56' 31" East 177.36 feet to a point on the arc of a non-tangent 870.00 foot radius curve concave Westerly, a radial line to said point bears South 76" 40' 32" East; thence Southerly along the arc of said curve through a central angle of 5" 01' 09*', a distance of 76.21 feet; thence non-tangent to said curve, South 63" 37' 05" West 925.32 feet; thence South 87" 38' 31" West 114.29 feet to the TRUE POINT OF BEGINNING. I’ e. 580 PARCEL B 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, being described as follows: Commencing at the Northeast corner of Carlsbad Tract No. 81-16, Vista Santa Fe Unit No. 2, according to Map thereof No. 10991, recorded July 9, 1984; thence leaving said Northeast corner South 62" 54' 43" East 39.00 feet, to the beginning of a tangent 520.00 foot radius curve concave Northerly: thence Easterly along the arc of said curve through a central angle of 64" 49' 46", a distance of 588.37 feet, to the TRUE POINT OF BEGINNING; thence continuing Easterly along the arc of said last mentioned curve through a central angle of 2" 33' 03", a distance of 23.15 feet; thence tangent to said curve North 49" 42' 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' ll", a distance of 221.09 feet; thence tangent to said curve North 67" 03' 39" East 3.04 feet; thence South 22" 56' 21" East 104.00 feet, to the beginning of a tangent 85.00 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 16" 15' 36", a distance of 24.12 feet, to the beginning of a reverse 65.00 foot radius curve concave Southwesterly; thence Southeasterly along the arc of said curve through a central angle of 16" 15' 36", a distance of 18.45 feet; thence tangent to said curve South 22" 56' 21" Ea.st 15.96 feet: thence South 65" 01' 20" West 84.02 feet; thence South 56" 17' 21" West 41.98 feet; thence South 38" 58' 08" East 80.42 feet; thence South 37" 02' 32" East 82.77 feet: thence South 3" 12' 56" West 66.35 feet, to a point on the arc of a non-tangent 230.00 foot radius curve concave Southerly, a radial line to said point bears North 3" 12' 56" East; thence Easterly along the arc of said curve through a central angle of 13" 59' 08", a distance of 56.14 feet: thence tangent to said curve South 70" 00' 10" East 102.47 feet to the begining of a tangent 330.00 foot radius curve concave Northerly; thence Easterly along the arc of said curve through a central angle of 39" 43' 48", a distance of 228.83 feet: thence tangent to said curve North 70" 16' 02" East 67.72 feet, to the beginning of a tangent 20.00 foot radius curve concave Northwesterly: thence Easterly, Northeasterly, and Northerly along the arc of said curve through a central angle of 90" 00' OO", a distance of 31.42 feet, to a point of cusp; thence tangent to said curve South 19" 43' 58" East.32.83 feet to the beginning of tangent -_ 58 9 1270.00 foot radius curve concave Westerly; thence Southerly along the arc of said curve through a central angle of 6' 59' 26", a distance of 154.95 feet; thence non-tangent to said curve South 74" 42' 54" West 87.00 feet; thence South 74' 18' 45" West 75.12 feet; thence South 86" 08' 38" West 71.23 feet; thence South 88" 53' 48" West 66.70 feet; thence North 61" 19' 22" West 10.29 feet; thence North 83" 5.4' 34" West 54.38 feet; thence North 62" 44' 37" West 17.29 feet; thence North 73" 39' 43" West 58.28 feet: thence North 55" 16' 04" West 11.06 feet; thence North 72" 00' 37" West 62.53 feet; thence North 82" 56' 17" West 46.91 feet; thence South 62" 02' 29" West 49.28 feet; thence South 51" 01' 52" West 182.20 feet; thence South 54" 37' 49" West 61.12 feet; thence North 38" 58' 08" West 101.00 feet; thence North 34" 31' 41" West 60.00 feet; thence South 55" 28' 19" West 19.74 feet, to the beginning of a tangent 20.00 foot radius curve concave Northeasterly: thence Westerly and Northwesterly along the arc of said curve through a central angle of 88" 15' la", a distance of 30.81 feet; thence tangent to said curve North 36" 16' 23" West 109.69 feet, to the beginning of a tangent 170.00 foot radius curve concave Northeasterly; thence Northwesterly along the arc of said curve through a central angle of 3" 53' 14", a distance of 11.53 feet; thence tangent to said curve North 32" 23' 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 16" 15' 36", a distance of 18.45 feet, to the beginning of a reverse 85.00 foot radius curve concave Southwesterly; thence Northwesterly along the arc of said curve through a central angle of 16" 15' 36", a distance of 24.12 feet; thence tangent to said curve North 32" 23' 09" West 24.00 feet, to the beginning of a tangent 20.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 84" 38' 40", a distance of 29.55 feet; thence radial to said curve North 37" 44' 29" West 60.00 feet, to the TRUE POINT OF BEGINNING. 582 PARCEL C That portion of Lot 9 of RANCH0 LAS ENCINITAS, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 848, filed in the Office of the County Recorder of San Diego County, being more particularly des- cribed as follows: Commencing at the Southwesterly corner of said Lot 9; thence along the Southerly line thereof, North 87" 38' 31" East 1544.00 feet: thence leaving said Southerly line North 63" 37' 05" East 925.32 feet, to the TRUE POINT OF BEGINNING; thence continuing North 63" 37' 05" East 81.93 'feet, to a point on the arc of a non-tangent 930.00 foot radius curve concave Westerly, a radial line to said point bears, South 75" 12' 39" East; Northerly along the arc of said curve through a central angle of 24" 04' 51" a distance of 390.87 feet; thence tangent to said curve North 9" 17' 30" West 150.00 feet, to the beginning of a tangent 1030.00 foot radius curve concave Westerly; thence Northerly and North- westerly along the arc of said curve through a central angle of 12" 44' 30", a distance of 229.06 feet; thence tangent to said curve North 22" 02' 00" West 450.00 feet; thence South 67" 58' 00" West 60.00 feet; thence North 22" 02' 00" West 202.60 feet, to a point of cusp with a 20.00 foot radius curve concave Northwesterly, a radial line to said point bears North 67" 58' 00" East; thence Southeasterly, Southerly, and Southwesterly ,along the arc of said curve through a central angle of 90" 00' OO", a distance of 31.42 feet: thence tangent to said curve South 67" 58' 00" West 121.06 feet, to the beginning of a tangent 400.00 foot radius curve concave Southeasterly; thence Southwesterly along the arc of said curve through a central angle of 17" 51' 02" a distance of 124.62 feet; thence tangent to said curve South 50" 06' 58" West 9.69 feet, to beginning of a tangent 370.00 foot radius curve concave Northwesterly: thence Southwesterly along the arc of said curve through a central angle of 16" 56' 41" a distance of 109.42 feet; thence tangent to said curve South 67" 03' 39" West 141.75 feet; thence South 22" 56' 21" East 104.00 feet to the beginning of a tangent 85.00 foot radius curve concave Northeasterly: thence Southeasterly along the arc of said curve through a central angle of 16" 15' 36" a distance of 24.12 feet, to the beginning of reverse 65.00 foot radius curve concave Southwesterly; thence South- easterly along the arc of said curve through a central angle of 16" 15' 36" a distance of 18.45 feet; thence tangent to said curve South 22" 56' 21" East 15.96 feet; thence South 65" 01' 20" West 84.02 feet; thence South 56" 17' 21" West . 4 . 41.98 feet; thence South 38" 58' 08" East 80.42 feet; thence South 32". 02' 32" East 82.76 feet; thence South 3" 12' 56" West 66.35 feet, to a point on the arc of a non-tangent 230.00 foot radius curve concave Southerly, a radial line to said point bears North 3" 12' 56" East; thence Easterly along the arc of said curve through a central angle of 16" 46' 54" a distance of 67.37 feet; thence tangent to said curve South 70" 00' 10" East 102.47 feet, to the beginning of a tangent 330.00 foot radius curve concave Northerly; thence Easterly along the arc of said curve through a central angle of 39" 43' 48", a distance of 228.83 feet; thence tangent to said curve North 70" 16' 02" East 67.72 feet, to the beginning of a tangent 20.00 foot radius curve concave Northwesterly; thence Easterly, Northeasterly, and Northerly along the arc of said curve through a central angle of 90" 00' OO", a distance of 31.42 feet, to a point of cusp; thence South 19" 43' 58" East 32.83 feet, to the beginning of a tangent 1270.00 foot radius curve concave Southwesterly; thence Southeasterly along the arc of said curve through a central angle of 6" 59' 26" a distance of 154.95 feet; thence non- tangent to said curve South 74" .42* 54" West 87.00 feet; thence South 74" 18' 45" West 13.00 feet; thence South 10" 07' 53" East 94.81 feet; thence South 6" 10' 02" East 69.81 feet: thence South 2" 54' 44" East 69.81; thence South 0" 31' 48" West 86.47 feet; thence North 80" 29' 02" East 12.10 feet: thence South 9" 30' 58" East 166.00 feet; thence North 84" 21' 36" East 61.64 feet; thence North 78" 56' 31" East 177.36 feet to a point on the arc of a non-tangent 870.00 foot radius curve concave Westerly, a radial line to said point bears South 76" 40' 32" East; thence Southerly along the arc of said curve through a central angle of 5" 01' 09" a distance of 76.21 feet to the TRUE POINT OF BEGINNING.