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HomeMy WebLinkAboutCT 85-23; Grove Apartments Investments and Odmark Dev.; 85-308357; Public Facilities Fee Agreement/ReleaseRSQORDING -REQUESTED BY-AND . . 'WHEN RECORDED MAIL TO: 1 . CITY OF CARLSBAD 1 1200 Elm Avenue Carlsbad. California 92008 -. - -zM38357 B” ,_ R,gmDEIZ ir(--~ ( @pL'Jbi- f!F~Olil1il ; :. ,I: L'::-';,-~ l,:i': ,ii i ‘,, , ' 1 _ VERA L. LYI F f Space above this line ~%%&~kl@fQ~ aocumentary transfer tax: $ No fee %J* NO FE6 Signature of declarant determining tax-firm name City of Carlsbad Parcel N0./~k-dgt?~~</~/9 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 23 day of JUlY , 1985 by and between THE ODMARK DEVELOPMENT COMPANY (Name of Developer) a Corporation , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 1747 Hancock Street, Suite B (Street) San Diego, Ca. 92101 (CltY, State, Zip Code) and H.F.H.,LTD and Grove Apartments Investments Co. (Name of Legal Owner) a Partnership , hereinsfcez (Corporation, etc.> "Owner" whose address is 10738 West Pica , Suite 3 (Street) Los Angeles, Ca. 90064 (City, State, Zip Code) AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. REV 4-2-82 c# t? 5=3/&%3&q 0 -- REC1TALS u., . &Jj WHEREAS, Owner is the owner of the real property described on Exhibit "A", attached to and made a part of this agreement, and hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the Property and proposes a development project as follows: 352 condominium units in 4 and 8 unit buildings, 2 stories. on said Property, which development carries the proposed name of Hosr> Grove Parcels D and E and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 7 day of August , 1985 , with the City a request for Tenative Tract Map and Major Planned Development for 352 condominiums. 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 incorporated by this reference); and WHEREAS, Developer, Owner and City recognise the correctness of Council Policy No. 17 dated April 2, 1982, 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 -2- REV 4-2-52 . WHEREAS, Developer and Owner have 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 and Owner are aware that the City cannot and will not be able to make any such findings without financial assistance to pay for such services and facilities; and, therefore, Developer and Owner propose 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 and Owner 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 and Owner shall pay a fee for conversion of 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 -3- REV 4-2-82 /. 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 and Owner 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. 2. The Developer and Owner 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 and Owner 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. REV 4-2-82 -4- 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 and Owner 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. ‘-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 not ice 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 may have been designated, postage prepaid and certified. -5- REV 4-2-82 l u . $50 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, Owner and the City, and references to Developer, Owner 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. At such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate; , provided, however, that if any successor to the Owner's interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of owner in writing in a form acceptable to City. 9. This agreement shall be recorded but shall not create a lien or security interest on the Property. When the obligations of this agreement have been satisfied, City shall record a release. -6- REV 4-2-82 .- - : - ,. 1 8 *-’ . IN WITNESS WHEREOF, County, California as of OWNER: this agreement is executed in San Diego the date first written above. Grove Apartments Ipvestment Co., By:- Fred A. Bartman, Jr., /;'/ General Partner- / " Grove Apartments Investment Co. Robert E. Getz, General Partner ATTEST: c’ 8 -85.1 DEVELOPER: THE ODMARK DEVELOPMENT COMPANY TITLEv&p &+&a/ . By: corporation of the APPROVED AS TO FO VINCENT F. BIONDO, JR., City Attorney 1 , . ('Notarial acknowledgement of execution by DEVELOPER AND OWNER must be r attached.) -7- REV 4-2-82 TO 449 CA (5-73) (Corporation) STATE OF CALIFORNIA COUNTY OF San Dieq0 TITLE INSURANCE 852 AND TRUST rr *luOR COMPANY > ss. On August 12, 1985 befpre me, the undersigned, a Notary Public in and for said Wanda K. Qumn State, personaIIy appeared - , known to me to be tbe -------------~r-s~~n~,-a~~------ -------------- , known to me to be --------- Secretary of the corporation that executed the within Instrument, 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 within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my band and official seal. OFFICIAL SEAL ?A&.&- ’ i Signature _ FiIlia I PERi LYNN DAVENW’RT . w.-.-. NOTARY PUBLIC - CALIFORNIA Perri J,vnn Davenport Name (Typed or Printed) the undersiznyd, a Iic in and for said County personally appeared O~/bl i3. T&i?%4 J nd StaK?, known to me to be *he&-President, ~_- 7 and ______ --I known to me to he Secretary of the corporation that executed the within Instrument, known to me to he the persons who executed the within Instrument on behalf of the corporation therein named and acknowledged to me that such corporation executed the Within instrument pursuant to its by-laws or a resolution of its board of directors. Signature 2 Z&f&?% K* &2X&.& Name (Typed or Printed) Notary Public in and for said County and State (This ma for ofllcial notarial seal) 0 3 S FOR NOTARY SEAL OR STAMP ‘4 ’ .- ,STATE OF CALIFORNIA 1 I d COUNTY OF Los Anseles ISS. G I 2 On E ' 7Aw.t 1. 1985 s before me, the undersigned, a Notary Public in and for said County and 2 State, personally appeared -4 n FITA--- T 5 P personally known to me; g Cl proved to me on the basis of satisfactory evidence, 5 to be ati of the partners of the partnership that executed the within instrument, and acknowledged to me that such ‘I- F: Notary Public in and for said County and State F-2436 MAINE GENERAL PARTNERSHIP PRINCIPAL i‘.‘FlCE IN LOS ANGELES Csthf~ MY Commisskn Exp. Mar. I?, 1999 1 -es--- FOR NOTARY SEAL OR STAMP PARTNERSHIP AS PAl?I'NER OF ANOTHER PAKI'NERSHIP 'STATE OF C?&IFORNIA 'amOF T-es ) On maust 1, 1985 said County and State, personally appeared before me, thewn~~gn~tL a Notary Public in and for . ,personally knOWll to me to be one of thepartnersof pu partnership, said partnership being known to me to beHbne 'o%e partners of I a sts Inveslmznt Company the partnership thatexecutedthewithin mstrument, andacknowledged tome that &eyexecuted the sameasapartnes of Mts Investment CampanY I and that said last named partnership executed WITNESS my hand and official seal. I wFlclAL SEAL 8. SCHREIBER NOTARY PUBLIC. CALlFOf?NlA PRINCIPAL .“ICE IN LOS ANGELES COUh ‘3 MY Commission Exp. Mar. 17, 1989 B. SCHREIBER I votary Public in and for said County and State. ,A 5 EXHIBIT "A" b,. ' 64 APN #156-080-15; 156-080-18; 156-080-19; The land referred to herein is situated in the State of California, County of San Diego, and is described as follows: PARCEL 1 Portions of Lots 8, 9, 10, 11, 12, 13, 14, 15 and 16 in Hosp Eucalyptus Forest Company's Tract No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1136, filed in the Office of the County Recorder of San Diego County, June 8, 1908, described as follows: Commencing at the Southeast corner of said Tract, thence along the East line of said Tract North OO"56'20' East, 2263.66 feet, said point being South OO"56'20' West, 414.74 feet from the West Quarter corner of Section 32, Township 11 South, Range 4 West, San Bernardino Base and Meridian; thence North 89'18'10' West,46.07 feet to the True Point of Beginning; said point being on a non-tangent curve concave Southeasterly and having a radius of 310.00 feet, a radial line to said point bears North 43'14'53' West; thence Southwesterly along said curve through a central angle of 41°33'OO" an arc distance of 224.81 feet: thence leaving said curve North 89°18'10" West 557.72 feet; thence South 61'25'08" West 305.23 feet, thence North 10°19'07" West, 374.05 feet; thence North 79'40'53" East, 272.00 feet; thence North 02°01'30" West, 699.16 feet to a point on a non-tangent curve concave Southwesterly and having a radius of 761.50 feet, a radial line to said point bears North 10°06'51" East, thence Southeasterly along said curve through a central angle of 03"23'09" an arc distance of 45.00 feet, thence tangent to said curve South 76"30'00" East, 350.95 feet, thence North 1.00 foot; thence South 76°30'OO' East, 339.00 feet, thence South 350.00 feet; thence South 06'51'59" East 261.11 feet to the True Point of Beginning. Excepting therefrom that portion described as follows: Commencing at the Northeasterly corner of Carlsbad Tract No. 77-2, Unit No. 2, according to Map thereof No. 9813 filed in the Office of the County Recorder of San Diego County, September 26, 1980, thence North l"O1'lO" East, along the Easterly line of said Hosp Eucalyptus Forest Company's Tract No. 1, 843.48 feet; thence North 89'11'20" West, 46.07 feet to the True Point of Beginning and the beginning of a non-tangent curve, concave Southeasterly and having a radius of 310.00 feet; thence Southerly along said curve through a Page'2 central angle of 41'32'50" an arc distance of 224.79 feet; thence leaving said curve, North 89'11'20" West, 30.085 feet to the beginning of a non-tangent curve, concave Southeasterly and having a radius of 340.00 feet: thence Northerly along said curve through a central angle of 45'35'15" and arc distance of 270.52 feet: thence leaving said curve South 6'45'09" East, 36.41 feet to the True Point of Beginning. PARCEL 2 Portions of Lots 8, 9, 10, 16, 17, 18, 23, 24 and 25, and of Canon Street, and of Eucalyptus Street in Hosp Eucalyptus Forest Company's Tract No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1136, filed in the Office of the County Recorder of San Diego County, June 8, 1908 described as follows: Commencing at the most Southwesterly corner of Lot 25 in said tract; thence along the Southwesterly line of said Lot 25 North 23'27'45" West, 195.00 feet; thence North 68°30'20" East, 360.41 feet to the True Point of Beginning: thence North 18'09'57" West, 40.89 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 1042.00 feet; thence Northwesterly along said curve through a central angle of 14'35'28" an arc distance of 265.33 feet; thence tangent to said curve North 03'34'35" West 94.02 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 458.00 feet; thence Northwesterly along said curve through a central angle of 22"18'38" an arc distance of 178.34 feet; thence tangent to said curve North 25'53'13" West 189.20 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 1042.00 feet; thence Northwesterly along said curve through a central angle of 10°17'57" an arc distance of 187.30 feet; thence tangent to said curve North 15'35'16" West, 108.41 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 20.00 feet; thence Northwesterly along said curve through a central angle of 88'16'48" an arc distance of 39.82 feet to a point of cusp with a curve concave Northwesterly and having a radius of 838.50, a radial line to said point of cusp bears South 13'52'04" East; thence Northeasterly along the last mentioned curve through a central angle of Ol"43'12" an arc distance of 25.17 feet; thence tangent to said curve North 74"24'44" East 140.00 feet to the beginning of a tangent curve concave Northwesterly and having a radius of 838.50 feet; thence Northeasterly along said curve through a central angle of 13'24'44" an arc distance of 196.28 feet; thence tangent to said curve North 61°00'OO" East, 174.31 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 761.50 feet, thence Easterly along said curve thru a central angle of 39'06'51" an arc distance of 519.85 feet; thence South OO"01'30" East 699.16 feet; , '.Page 3 . .u 856 thence South 79'40'53" West, 272.00 feet; thence South 10°19'07" East 374.05 feet; thence South 68°30'20" West, 541.94 feet to the True Point of Beginning. Excepting therefrom an 84 foot wide strip of land, 42.00 feet each side of the following described centerline: Commencing at a point on the Westerly line of said Lot 25 distant thereon North 23'27'45" West, 195.00 feet from the Southwest corner thereof; thence leaving said Westerly line North 68'37'10" East (record North 68'30'28" East per deed) 402.52 feet to the True Point of Beginning; thence North 18°03'07" West, 38.57 feet to the beginning of a tangent curve, concave Easterly and having a radius of 1000.00 feet; thence along said curve through a central angle of 14'35'23" an arc distance of 254.64 feet; thence tangent to said curve North 3'27'44" West, 109.90 feet to the beginning of a tangent curve, concave Westerly and having a radius of 800.00 feet, thence along said curve through a central angle of 25'22'30" an arc distance of 354.30 feet; thence tangent to said curve, North 28'50'14" West, 106.19 feet to the beginning of a tangent curve concave Easterly and having a radius of 800.00 feet; thence along said curve through a central angle or 13O21'49" an arc distance of 186.59 feet; thence North 15'28'25" West, 30.00 feet more or less to the Southerly right of way line of Marron Road. The sidelines of said 84 foot wide street shall terminate with 20.00 foot radius returns at said Southerly right of way line of Marron Road. PARCEL 3 Portions of Lots 22, 23, 24, 25 and of Eucalyptus Street in Hosp Eucalyptus Forest Company's Tract No. 1, in the City of Carlsbad, County of San Diego, State of California according to Map thereof No. 1136, filed in the Office of the County Recorder of San.Diego County, June 8, 1908, described as follows: Commencing at the most Southwesterly corner of Lot 25 in said tract; thence along the Southwesterly line of said Lot 25 North 23'27'45" West 195.00 feet; thence North 68'30'20" East 360.41 feet; thence North 18'09'57" West 40.89 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 1042.00 feet; thence Northwesterly along said curve through a central angle of Ol"38'58" an arc distance of 30.00 feet to the True Point of Beginning: thence continuing along said curve through a central angle of 12'56'24" an arc distance of 235.33 feet; thence tangent to said curve North 03'34'35" West 94.02 feet to the beginning of a tangent curve concave Southwesterly having a radius of 458.00 feet; thence Northwesterly along said curve through a central angle of 458.00 feet: thence Northwesterly along said curve through a central angle of 22O18'38" an .Pag'e 4* . t . . l cI . . 857 arc distance of 178.34 feet; thence tangent to said curve North 25'53'13" West 189.20 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 1042.00 feet; thence Northwesterly along said curve through a central angle of 10'17'57" an arc distance of 187.30 feet; thence tangent to said curve North 15'35'16" West 108.41 feet to the beginning of a tangent curve concave Southwestely and having a radius of 20.00 feet; thence Northwesterly along said curve through a central angle of 88"16'48" an arc distance of 30.82 feet;to a point of reverse curve concave Northerly and having a radius of 838.50 feet; thence Westerly along said reverse curve through a central angle of 32'08'52" an arc distance of 470.47 feet; thence South 07°34'20" West 213.72 feet; thence South 64'59'00" East 248.29 feet; thence South 25'53'13" East 590.00 feet; thence South 66O45'50" East 330.26 feet to the True Point of Beginning. Excepting therefrom an 84 foot wide strip of land, 42.00 feet each side of the following described centerline: Commencing at a point of the Westerly line of said Lot 25 distant thereon North 23'27'45" West, 195.00 feet from the Southwest corner thereof; thence leaving said Westerly line North 68O37'10" East (record North 68'30'28" East per deed) 402.52 feet to the True Point of Beginning; thence North 18°03'07" West, 38.57 feet to the beginning of a tangent curve, concave Easterly and having a radius of 1000.00 feet; thence along said curve through a central angle of 14'35'23" an arc distance of 254.64 feet; thence tangent to said curve North 3'27'44" West, 109.90 feet to the beginning of a tangent curve, concave Westerly and having a radius of 800.00 feet, thence along said curve through a central angle of 25"22'30" an arc distance of 354.30 feet; thence tangent to said curve, North 28'50'14" West, 106.19 feet to the beginning of a tangent curve concave Easterly and having a radius of 800.00 feet; thence along said curve through a central angle of 13O21'49" an arc distance of 186.59 feet: thence North 15O28'25" West, 30.00 feet more or less to the Southerly right of way line of Marron Road. The sidelines of said 84 foot wide street shall terminate with 20.00 foot radius returns at said Southerly right of way line of Marron Road.