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Home My WebLink AboutCT 87-04; Tamarack Property Investors; 87-717338; Public Facilities Fee Agreement/Release* . ? * - . U-717338 RECORDING REQUESTED BY AND Jc WHEN RECORDED MAIL TO: I 24 6 [-: :?~~i‘-:i~~:ii’;:.‘:i;’ >:, ,*11 I<:: ;;:$:*:,‘i i, i4,‘&,.‘q CITY OF CARLSBAD. 1200 Elm Avenue 1 1381 E3:c 3 t M 0 56 Space above this line for Recorder’s use Documentary transfer tax: 6 w Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 206-042-01,02,03 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE c THIS AGREEMENT is entered into this l.x?- day of &bd?J--, by and between Tamarack Property Investors, a partnership (Name of developer-owner) a partnership . hereinafter referred to as (Corporation, partnership, etc. ) c/o Rodney C. Miles “Developer” whose address is 18300 Von Kam, Suite 700 (Street) ’ Irvine, CA 92715 (City, state, zip code) and THE CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit “All:, attached hereto and made a part of this agreement, hereinafter referred to as “Property”; and WHEREAS, The Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: subdivide 3 existinq lots into 5 lots REV 7-28-87~/4i?$d /ivy-y? Ct-g7lf 4 +7$7,& ’ ‘ 4 ’ I - Y .I 247 - on said Property, which development carries the proposed name of and is hereinafter referred to as “Development”; and WHEREAS, Developer filed on the day of I 19 I with the City a request for TentativeMapapproval 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 July 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 convenants contained herein, the parties agree as follows: -2- REV 7-28-87 . J v I . * 248 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 ’ , . . irb- 249 - 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 , . ‘. - .UJ 250 - 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 apply 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 execut& in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Tamarack Property Investors APartnership CITY OF CARLSBAD, a municipal corporation of the State of California (Title) I BY For City Manager BY (Title) ATTEST : 1 4tita&JA ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO Fd’# By ~DO$.,~;~EY,8 3- - RONALD R. BALL VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) / -6- REV 7-28-87 STATE OF CALIFORNIA P COUNTY OF jss. kz E a Notary Public in and for 0” al said State, personally appeared I E k a 5 personally known to me (or proved to me on the basis Of t&is- ii factory evidence) to be the person that executed the within a instrument as GW/9ccI’ ~“‘““““““‘~“““““~~~~l’lllll’lll~llllllll~lllllllllllllllll~llllllllII’,,lllll,,,l,,,,,,,l,,:,,~!,,,,,,; ,,,,,,,1,,,,,,,/,,,,,,,~,,,,,,,,,, Ej OFFICIAL SEAL E z on behalf of Tamarack Property GM E. MARLlN * r m Investors NOTARY ~~JRLIC UAL,F”R~,,, I PRINCIPAL OFF,CE ,N I a ORANGE COUNTY =i 3 iTi therein named and acknowledged to me that the partnership executed it. MyCommissionExpiresJuns29 1988 2 ~~‘~““““““““~~~~~~~~~~~~~~~~llul~lllllil~ll~lll~lillllll~lll,,il~ll,,lu, j,,,,” l,,,,,,,,,,,,,,,,,, i,i,,,; ,;/,, l,lj,lj”fl,j s? 8 WITNESS my hand and official seal. m Signature (This area for official notarial seal) EXHIBIT “A” LEGAL DESCRIPTION PARCEL 1 That portion of Tract No. 232 of Thum Lands, in the County of San Diego, State of California, according to Map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, December 9, 1915. PARCEL 2 Same as Parcel 1 PARCEL 3 Same as Parcel 1 More particularly described on attached sheet E3MIBIT "A" LEGAL DESCRIPTION PARCEL 1: THAT PORTION OF TRACT NO. 232 OF THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLIX)WS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF CHINQUAPIN AVENUE AND JEFFERSON STREET; THENCE ALONG THE CENTER LINE OF CHINQUAPIN AVENUE, SOUTH 61*21'00" WEST, 895.70 FEET TO THE SOUTHWEST CORNER OF LAND CONVEYED BY SOUTH COAST LAND COMPANY TO ALEX LABETA, ET UX, BY DEED RECORDED JUNE 25, 1924 IN BOOK 1019, PAGE 189 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; MD THENCE ALONG THE SOUTHWESTERLY LINE OF LAND SO CONVEYED, NORTH 38'03'30" WEST, 426.47 FEET TO THE MOST EASTERLY CORNER OF LAND CONVEYED BY WILLIAM c. KERCKHOFF COMPANY TO LOWELL B. PLACE, ET UX, BY DEED RECORDED OCTOBER 23, 1941 IN BOOK 1266, PAGE 95 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE SOUTHEAST LINE OF SAID LAND SO CONVEYED SOUTH 61'21'00" WEST, 101.36 FEET TO THE MOST SOUTHERLY CORNER THEREOF MD THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PIERCE L?UJD, NORTH 38.03'30" WEST, 396.05 FEET TO THE CENTER LINE OF TAMARACK AVENUE; THENCE WESTERLY FOLLOWING SAID CENTER LINE TO THE EAST LINE OF THE 100.00 FOOT RIGHT OF WAY TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (BEING THE NORTHWESTERLY EXTENSION OF THE CURVE IN THE SOUTHWESTERLY LINE OF SAID TRACT NO. 232); THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE OF SAID TRACT NO. 232, TO INTERSECTION WITH A LINE BEARING SOUTH 61'21'00" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 61'21'00" EAST, 101.38 FEET, MORE OR LESS, TO THE TRUE POINT,cOF BEGINNING. PARCEL 2: THAT PORTION OF TRACT NO. 232 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAM DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLL0WS: COMMENCING AT A POINT ON THE CENTER LINE OF TAMARACK AVENUE, DISTANT THEREON SOUTH 61'21'00" WEST, 1027.55 FEET FROM ITS POINT OF INTERSECTION WITH THE CENTER LINE OF JEFFERSON STREET, SAID POIMT OF COMMENCEMENT BEING THE MOST NORTHERLY CORNER OF A PARCEL OF LAND PAGE m OF EXHIBIT "A" DESCRIBED IN DEED TO CHARLES E. BOLES, ET UX, RECORDED APRIL 10, 1952 IN BOOK 4439, PAGE 101 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID LhND AS FOLUWS: SOUTH 37'08'00" EAST, 182.10 FEET; SOUTH 38'03'30" EAST, 213.49 FEET AND SOUTH 61.21'00" WEST, 49.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 61'21'00" WEST, 52.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID LAND; AND NORTH 38'03'30" WEST, 396.05 FEET TO THE CENTER LINE OF SAID TAMARACK AVENUE, THENCE ALONG SAID CENTER LINE NORTH 61'21'00" EAST, 52.00 FEET TO A LINE WHICH BEARS NORTH 38'03'30" WEST, PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID BOLES' LAND, FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE SOUTH 38'03'30" EAST TO THE TRUE POINT OF BEGINNING. PARCEL 3: ALL THAT PORTION OF TRACT 232 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF TAMARACK AVENUE, DISTANT THEREON SOUTH 61'21'00" WEST, 1027.55 FEET FROM ITS POINT OF INTERSECTION WITH THE CENTER LINE OF JEFFERSON STREET, SAID POINT OF BEGINNING BEING THE MOST NORTHERLY CORNER OF A PARCEL OF LAND DESCRIBED IN DEED TO CHARLES E. BOLES, ET UX, RECORDED APRIL 18, 1952 IN BOOK 4439, PAGE 101 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY LIME OF SAID LMD AS FOLLOWS: SOUTH 37'08'00" EAST, 182.10 FEET, SOUTH 38'30'30" EAST, 213.49 FEET MD SOUTH 61'21'00" WEST, 49.36 FEET, THENCE PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID BOLES' LAND, NORTH 38'03'30" WEST TO THE NORTHWESTERLY LINE OF SAID LAND; THENCE AI.DNG SAID NORTHWESTERLY LINE NORTH 61'21'00" FAST, 52.34 FEET TO THE POINT OF BEGINNING. J.N. 6326 12-10-87 *