HomeMy WebLinkAboutCT 86-05; MAG Properties; 86-308959; Public Facilities Fee Agreement/Release’ -* -
. . * . RE;DRd/NG REQUESTED BY AND
970
WHEN RECORDED MAIL TO: )
CITY OF CARLSRAD..
1200 Elm Avenue - ;
Carlsbad, California 92DO8 )
1986 JUL 24 PH 2; 41
Space above this line for Recorder’s use
.Documentary transfer tax:w .m
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. czzz~-86-3~
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
’ PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this day of , 19-
by.and between MAG Properties
(name of developer-owner1
a
“Developer” whose address is
San Dieso, CA 92102
, hereinafter
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as “City”, whose address is 1200 Elm Avenue,
Carlsbad, California,‘ 92008.
*WLTNESSETH:
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:
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971 -
\ ’ on said, Property, which development carries the proposed name of
MAG Property
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the 23 day of June ,
19 86 , with the City a request for a Tentative Map and Site Develop-
ment Plan
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 recognise the correctness of Council
.Policy No. 17, dated April 22, 1986,m 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.
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.
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\- .’ ROW, THEREFORc, in consideration of the LGcitals 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 2.5% 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 f’ee for conversion <Of existing building or structures
into condominiums in an amount not to exceed 2.5% 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 pr,ovided 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 mobil,ehome 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 int ende.d. 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 o;r 21 of the
Carlsbad Municipal Code.
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973
2. The Developer may offer to don’ate 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 se.rvices, 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.
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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 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 Stater
Hail, enclosed in a sealed envelope, ‘addressed to Developer at the
address as may have been designated, p’ostage 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 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.
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975
IN WITNESS WHEREOF, this agreement is executed in $an Diego
County, Cali?ornid as of the date first written above.
DEVELOPER-OWNER:
Y&G Properties, a partnership,
By Argel Investments, a California
CITY OF CARLSBAD, a municipal
corporation of the
State of California
I ATTEST: . .
APPROVE I c
. I .
' # VINCENT F. BIONDO, JR.,
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.)
. . .
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CAT. NO. NNOO630
TO 1946 CA (9-84) “’ (Partnership) #j TICOR TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF San DiePo t ss.
t Oil June 23, 1986 before me, the undersigned, a Notary Public in and for
said State, personally appeared Theodore Aroney
i I
3
personally known to me or proved to me on the basis’of satisfactory evidence to be
t the person - who executed the within instrument as
t of the partners of the partnership
1
that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal.
Signature
_ --- - h egg----
- OFFICIAL SEAL
DOROTHY E DAVIS
NOTARY PUBLIC - CALIFORNIA
(This area for offkid notarial seal)
CAT. NO. NNO9637 TO 1966 CA (l-93)
(Partnership as a Partner of a Partnership) a TICOR TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF San Diego ss. A T On before me, the undersigned, a Notary Public in and for
: said State, personally appeared Theodore Aroney
: personally known to me or proved to me on the basis of satisfactory evidence to be the person-who executed
2
the within instrument as ,-,fthepartnersof Argel Investments
5 the partnership that executed the within instrument, and
1
acknowledged to me that they executed the same on
behalf of MAG Properties
a partnership, and that said last named partnership ex;cuted the same. LIC - CALIFORNIA
WITNESS my hand and official seal.
Signature
(This area for official notarial seal)
;i 977
66125-1
SCHEDULE A (CONTINUED)
3. The land referred to in the Report is situated in the State of California, County of San Diego and is described as follows:
A parcel of land, being portions of Lots 4 and 5 of RANCH0 LAS
ENCINITAS, per Map No. 848, on file in the Office of the County Recorder of San Diego County, and being portions of Section 6, Township 13 South, Range 3 West, San Bernardino Meridian, and
Section 31, Township 12 South, Range 3 West, San Bernardino Meridian, all in the City of Carlsbad, County of San Dieqo, State of California, according to the Official Plats thereof.
Beginning at the most Southerly corner of Carlsbad Tract No.
72-20, as shown on Map No. 7950 on file in the Office of the
County Recorder of San Diego County, said corner being a point
on the arc of a non-tangent 1230.00 foot radius curve, concave
Southeasterly, a radial to said point bears North 51 degrees
54'08" West; thence continuing along the Southeasterly boundary line of said Carlsbad Tract No. 72-20, the following courses: Northerly along the arc of said curve through a central angle of
14 degrees 34'46", a distance of 312.99 feet, North 38 degrees 50'03" East, 31.80 feet to the beginning of a tangent 1480.00 foot radius curve, concave Southeasterly; thence Northerly along
the arc of said curve through a central angle of'7 degrees 19'57", a distance of 189.40 feet; thence North 46 degrees 10'00" East, 1057.78 feet: thence leaving said Southeasterly
boundary line, South 43 degrees 50'00" East, 1685.42 feet; ,thence South 53 degrees 39'32" East, 42.00 feet to a point on the arc of a non-tangent curve, concave Northwesterly, a radial
iline to said point bears South 53 degrees 39'32" East; thence Southwesterly along the arc of said curve through a central angle of 18 degrees 39'32", a distance of 325.66 feet; thence South 55 degrees 00'00" West, 134.00 feet to a point on the centerline 6f La Costa Avenue, as shown on Carlsbad Tract No. 75-9 (B), Map No. 9959, fil,ed in the office of the County Recorder of San Diego County; thence continuing along said centerline the following courses: South 55 degrees 00'00" West, 267.00 feet to the beginning of a tangent 1000.00 foot radius curve, concave Northerly; thence Westerly through a central angle of 73 degrees 50'03", a distance of 1288.65 feet; thence along the prolongation of said centerline, North 51 degrees .. 09'57" West, 783.75 feet to a point on the Northerly right of . .
way of Ranch0 Santa Fe Road., according to Road Survey 454-A, as' .. - - shown on said Carlsbad Tract No.172-20; thence Ndrtheasterly'. ' ' _
along said Northerly right of way,' the following cour.ses: -'North ' '..
. .
-l- . .. -:
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S'I‘IC\V,\R'l' TI'i'I,I~; :-
GUAItASTY C‘OMI’ASY
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66125-1
36 degrees 49'24" East, 34.67 feet to the beginning of a tangent 1230.00 foot radius curve, concave Southeasterly; thence
Northerly along the arc of said curve through a central angle
of 1 degree 16'28", a distance of 27.36 feet to the POINT OF BEGINNING.
EXCEPTING THEREFROM all that portion of Road Survey No. 454-66,
granted to the County of San Diego per Document No. 21427,
recorded February 16, 1967, O.R., described as follows:
Beginning at the most Southerly corner of Carlsbad Tract No. 72-20, as shown on Map No. 7950 on file in the Office of the County Recorder of San Diego County, said corner being a point on the arc of a non-tangent 1230.00 foot radius curve, concave
Southeasterly, a radial to said point bears North 51 degrees
54'08" West; thence continuing along the Southeasterly boundary
line of said Carlsbad Tract No. 72-20 and the prolongation and
extension thereof, Northeasterly along the arc of said curve
through a central angle of 38 degrees 01'32", a distance of
816.32 feet; thence leaving said curve, South 13 degrees 52'36"
East, GO.00 feet to a point on the arc of a non-tangent 1170.00 foot radius curve, concave Southeasterly, a radial line to said
point bears North 13 degrees 52'36" West; thence Southwesterly along the arc of said curve through a central angle of 39 degrees 18'00", a distance of 802.52 feet; thence tangent to said curve, South 36 degrees 49'24" West, 36.78 feet (Record
North 36 degrees -19'23" East, 36.78 feet) to a point on the
centerline of La Costa Avenue, as shown on Carlsbad Tract No.
75-9 (B), Map No. 9959, filed in the Office of the County
Recorder of San Diego County; thence continuing along said centerline and the prolongation thereof, North 51 degrees 09'57" West, 60.04 feet to a point on the Northerly right of way of
Ranch0 Santa Fe Road, according to Road Survey 454-A, as shown on said Carlsbad Tract No. 72-20; thence Northeasterly along the Sortherly right of way the following courses: North 36 degrees 49' 2-l" East, 34.67 feet to the beginning of a tangent 1230.00 foot radius curve, concave Southeasterly; thence Northerly along the aft of said curve through a central angle of 1 degree
16'28"' a distance of 27.36 feet to the POINT OF BEGINNING.
RESERVING THEREFROM, all minerals, mineral rights, oil, oil
rights, natural gas, natural gas rights, petroleum, petroleum rights, other hydrocarbon substances, geothermal steam, all underground water, and all products derived from any of the foregoing, in or under or which may be produced from the .. property which underlies a plane parallel to and 500 feet below c the present surface of the .property, together with the perpetual I(,,# _ right of drilling, mining, exploring and.operating.therefoy and . . storing in and removing the same. from the property or any-.other' .' '.. ldnd, including the right to whipstock ordirectidnally drill;, L
and mine from lands other than the property;' 6i1, water o'r gas .,_ . -'
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GUARANTY ~‘OMI’AHY
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wells, tunnels and shafts into, through or across the subsurface
of the property, and to bottom such whipstocked or
directionally drilled wells, tunnels and shafts under and
beneath or beyond the exterior limits thereof, and to re-drill,
retunnel, equip, maintain, repair, deepen and operate any wells or mines, without, however, the right to drill, mine, store, explore and operate through the surface or the upper five
hundred (500) feet of the subsurface of the property.
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OVARA?dTY (‘OMI’ANY