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Home My WebLink AboutCT 89-07; Shelley, Daniel; 90-256133; Public Facilities Fee Agreement/Release4’ 90 xm33 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ! 1 * 6 6J CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 RF @ &!,FI’ c-- -- MG Space above this line for Recorder’s use Parcel No. 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 L, 16 79 89 by and between n;lni+l T .~hgll~~ (Name of developer-owner) . P,m , hereinafter referred to as (Corporation, partnership, etc. 1 “Developer” whose address is ~69 North Rancho Sata F@ Road (Street) lifnrb 97024 p 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 “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 : REV 7-28-87 .I .L 1 . . ‘, l ; ; - :. : on said Property, which development carries the proposed name of Shelley Carlsbad ,. and is hereinafter referred to as “Development”; and WHEREAS, Developer filed on the 17 day of. March 19 89 , with the City a request for a 256 lot single I L f&l17 ib~nt 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 22, 1986, on file with the City Clerk a‘nd 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: -2- REV 7-28-87 . .,. Lo 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 Dqvelopment 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, L 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 br 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 I . . 9 1066 - 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 L 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 io 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- ‘3c\, T-~?o n-l . .’ . . . 1067 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 -_ L 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- 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 Daniel T. Shelley BY (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Cler APpR%iY AS KM&J J. HIRATA OEPUn ctn AmOmsv VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached. ) . . -6- REV 7-28-87 - GENERAL ACKNOWLEDGMENT NO. 201 State of California On this the 17bbay of March 1989, before me, ss. County of San Diego > Ricki Gem Clavier the undersigned Notary Public, personally appeared Daniel T. Shelley E personally known to me C proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that A.@. executed it. WITNESS my hand and official seal. fzc.Li bl!YLmrA Notary’s Signature NATIONAL NOTARY ASSOCIATION . 23012 Ventura Blvd. . P.O. Box4625 . Woodland HIII$ CA 913654625 rC EXHIBIT “A” L-69 i THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, -’ COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A-l: THAT PORTION OF -LOTS 13 AND 14 OF THE SUBDIVISION OF THE 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 NORTHWESTERLY CORNER OF SAID LOT 14; THENCE ALONG THE NORTHERLY LINE OF SAID LOT, NORTH 87”11’20” EAST 661.65 FEET TO AN ANGLE POINT IN THE NORTHERLY AND EASTERLY BOUNDARY OF THE LAND DESCRIBED IN DEED TO FRITZ WIEGAND AND WIFE, RECORDED APRtL 23, 1929 IN BOOK 1620, PAGE 213 OF DEEDS; RECORDS OF SAID COUNTY; THENCE ALONG SAID BOUNDARY, SOUTH 3’14’40” EAST -RECORD SOUTH 4’06’. EAST- 660.06 FEET AND NORTH 87’07’20” EAST 651.54 FEET, MORE OR LESS, -RECORD NORTH 86’16’ EAST 661.64 FEET- TO THE EASTERLY LINE OF THE WESTERLY HALF OF SAID LOT 14; THENCE ALONG SAID EASTERLY LINE, SOUTH 3’08’17” EAST 800 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 3’08’17” EAST 1121.45 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 60 FEET OF SAID LOT 14; THENCE ALONG SAID NORTHERLY LINE, SOUTH 86’51’37” WEST 1060.89 FEET TO THE CENTER LINE OF THE COUNTY ROAD KNOWN AS ROAD SURVEY NO. 454-A ASDESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED DECEMBER 19, 1930 IN BOOK 1839, PAGE 356 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID CENTER LINE AS FOLLOWS: NORTH 54’49’23” WEST -RECORD NORTH 54’57’ WEST- 527.74 FEET TO THE BEGINNING OF A TANGENT 1000 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE 313 FEET THROUGH AN ANGLE OF 17’56’; THENCE TANGENT ‘TO SAID CURVE NORTH 36’53’23” WEST -RECORD NORTH 37’01’ WEST- 691.21 FEET TO A LINE WHICH BEARS SOUTH 87’07’20” WEST FROM THE TRUE POINT OF BEGINNING THENCE NORTH 87’07’20” EAST 2070.48 FEET TO THE TRUE POINT OF \ BEGINNING. PARCEL A-2: THAT PORTION OF LOTS 13 AND 14 OF THE SUBDIVISION 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 NORTHWESTERLY CORNER OF SAID LOT 14; THENCE ALONG THE NORTHERLY LINE OF SAID LOT, NORTH 87’11’20” EAST 661.65 FEET TO AN ANGLE POINT IN THE NORTHERLY AND EASTERLY BOUNDARY OF THE LAND DESCRIBED IN DEED TO FRITZ WIEGAND AND WIFE, RECORDED APRIL 23, 1929 IN BOOK 1620, PAGE 213 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID BOUNDARY, SOUTH 3O14’40” EAST -RECORD SOUTH 4’06’ EAST- 660.60 FEET TO AN ANGLE POINT BEING AMENDED 1168932 PAGE 10 . . * . . ^o?O THE TRUE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY, NUnIn 87’07’20” EAST 651.54 FEET, MORE OR LESS, -RECORD NORTH 86’16’ EAST 661.64 FEET- TO THE EASTERLY LINE OF THE WESTERLY HALF OF SAID LOT 14; THENCE ALONG SAID EASTERLY LINE, SOUTH 3’08’17” EAST 800 FEET; THENCE SOUTH 87’07’20” WEST 2070.48 FEET TO THE CENTER LINE OF THE COUNTY ROAD, .KNOWN AS ROAD SURVEY NO. 454-A, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED DECEMBER 19; 1930, IN BOOK 1839, PAGE 356 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID CENTER LINE NORTH 36’53’23” WEST -RECORD NORTH 37’01’ WEST- 559.36 FEET TO THE BEGINNING OF A TANGENT .lOOO FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE, 291.91 FEET THROUGH AN ANGLE OF 16”43’30”; THENCE TANGENT TO SAID CURVE, NORTH 20”09’53” WEST -RECORD NORTH 20’17’30” WEST- 77.57 FEET TO A LINE WHICH BEARS SOUTH 87’07’20” WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 87’07’20” EAST 1877.16 FEET TO THE TRUE POINT OF BEGINNING. PARCEL A-3: THAT PORTION OF LOTS 13 AND 14 OF THE SUBDIVISION 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 NORTHWESTERLY CORNER OF SAID LOT 14; THENCE ALONG THE NORTHERLY LINE OF SAID LOT, NORTH 87’11’20” EAST 661.65 FEET TO AN ANGLE POINT IN THE NORTHERLY AND EASTERLY BOUNDARY OF THE LAND DESCRIBED IN DEED TO FRITZ WIEGAND AND WIFE, RECORDED APRIL 23, 1929 IN BOOK 1620, PAGE 213 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID BOUNDARY SOUTH 3’14’40” EAST, -RECORD SOUTH 4’06’ EAST-- 660.06 FEET; THENCE SOUTH 87’07’20” WEST 1877.16 FEET TO THE CENTER LINE OF THE COUNTY ROAD KNOWN AS ROAD SURVEY NO. 454-A, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED DECEMBER 19, 1930 IN BOOK 1839, PAGE 356 OF DEEDS; RECORDS OF SAID COUNTY; THENCE ALONG SAID CENTER LINE, NORTH 20’09’53” WEST -RECORD NORTH 20”17’30” WEST- 690.46 FEET TO THE NORTHERLY LINE OF SAID LOT 13; THENCE ALONG SAID NORTHERLY LINE, NORTH 87’03’30” EAST, 1416.46 FEET TO THE POINT OF BEGINNING. PARCEL A-4: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER AND ACROSS THAT PORTION OF THE SOUTHERLY 60 FEET OF THE WESTERLY HALF OF LOT 14 OF RANCH0 LAS ENCINITAS, WHICH LIES EAST OF THE CENTER LINE OF THE COUNTY ROAD KNOWN AS ROAD SURVEY NO. 454-A. PARCEL 8: THE SOUTH 60 FEET OF THE WEST HALF OF LOT 14 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, LYING EAST OF THE CENTER AMENDED 1168932 PAGE 11 . - 1071 . ‘ > f _ d i __-. ‘LINE OF TH E COUNTY ROAD AS SHOWN ON COUiTY ROAD SURVEY NO. 434-1~ PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF’SiN DIEGO COUNTY- - _ _: AMENDED 1168932 . PAGE 12