HomeMy WebLinkAboutCT 90-13; Green Valley Partnership; 90-198966; Public Facilities Fee Agreement/ReleaseI -
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RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD i
1 1200 Elm Avenue 1 Carlsbad, California 92008 )
Space above this line for Recorder's use
Parcel No. 208-040-06,07,08,09,10
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 16TI-I day of MARCH , 1wL
by and between Green Valley Partnership o -
(Name of Developer-Owner)
Gw em./
a Partnership
' hereinafter referred to as "Developer"
(Corporation, Partnership, etc.)
whose address is P.0. BOX 1062, LA JOLLA, CA 92038
(Street) (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
“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 3-l-88
cT-?o-/3/I-fafi go-/y
sup 90-77 PlLJ& 90-/g
Thirty-nine Sinqle Family Detached Units
on said Property, which development carries the proposed name of
RANCH0 luim
and is hereinafter referred as "Development"; and
WHEREAS, Developer filed on the zM day of
. with the City a request for Tentative Tract Map, Planned Development Permit
and Hillside Development Permit
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 js
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.
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NOW THEREFORE, in consideration of the recitals 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 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 of 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 of 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.
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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 pub1 ic 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 service sufficient to accommodate the needs
to the Development herein described.
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6. All obligations hereunder shall terminate in the event the Requests
made by Developers 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 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 attention of the City Manager, postage prepaid and certified.
7.2 If notice 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.
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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
By: :
For City Manager
By:
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk1
APPROVED AS TO FORM:,
QJLdD-fi
VINCENT F. BIONDO, JRV
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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. : 'ACKNowLEDGhlEMl? FoRGENlWiLdKCNERSHIP .-
* * STATE OF CALLFORNIA
COUNTY OF SANDIM;O ON THIS 16TH DAY OF MARCH , 1990 BEFOREME ANOTARYPUBLIC INANDFORSAIDCOUNTYAND STATE, PERSONALLY APPEARED CHARLES H. SmD PERSONALLY KNOWN To ME / OR PROVED To ME ON THE BASiS OF SATISFACTORY EVIDENCE To BE THE PERSON THAT EXECUTED THIS INSTRUMENT, ON BEHALF OF THE PARTNERSHIP AND ACKNOWLEDGEDTOME THAT THEPARTNERSHIP EXECUTED IT.
EXHIBIT 'A" 1063
LEGAL DESCRIPTION.
PARCZL 1:
That porkion of Lot "I" of RANCH0 AGUA HEDIONDA, in the City of Carl&ad, County of SanDiego, Stateof California, accord.ingtoPartitionMapthereofNo. 823, filed in the Office of the County Recorder of San Diego County, Nmmnber 16, 1896, lying within the following described Parcel of land.
BeginningatC&nerNo. ZofsaidLotl; thencealongtheNortherlyprolongaticn
of the Easterly line thereof; North 02'29'40" West, record North 3" West 21.84 feettcthe centerlineof RoadSumeyNo. 682, describedineasemn tdeedto the @unty of San Diego, recorded in Book 531, Page 230 of Official Records, beingalsotheSoutheasteslycorneroflanddescribedinQuitclaimDeedto Horace H. Kelly, xxcmrded January 22, 1951 as File No. 9613 in Book 3942 Page 34 of Official Records, thence alon- Southerlylineof saidlandandthe center 1ineofsaidQxntyRoadas follows:
North 67°10~OO" West 897.21 feet and North 64"35'00" West 701.22 feet to a
tangent1000 fcotradius curv~concave Scutherly; thence Westerlyakng said
curve 319.27 feet, thmugh an angle of 18"17'34"; thmceleazbqsaidcenter
line South 03'18'40" East 355.96 feet to the Northerly line of land described in
Deed to J. Blair Pace, et al, reccrded July 17, 1957 as File No. 106397 in Book
6667, Page 64 of Official Records, being the TRUE POINT OF BJGINNIIG; thence North 84"48'00" West 90.00 feet: thenca Scuth 5'39'40" West 487.87 feet: thence North 86'22'33" East 334.12 feet to point "A"; thence Scuth 3'02'12" East, 310.53 feet; thence Scuth 80"31'19" West 165.48 feet: thence South 16'21'29" west 238.00 feet: thence South 44"27'10" East 15.20 feet: tience North 84'42'10"
East, 409.59 feet; thence M&h 25'29'30" East 1088.70 feet tc the center line ofsaid~~Road,saidpointbe~~~Easterlycorneroflanddescribed inDeedtO J. BlairPace, etux, recordedDecember 24, 1958 as File No. 216747 of Official Recmds; thence along said center line North 64"35'00" West, 189.21 feet; thence leaving said center line South 21"54'00" West 148.31 feet to a tangent 150.00 foot radius cumecmcaveNortherly; thence Westerlyalongsaid
curve 227.15 feet through an angle of 86"46'00" to point B; -thence tangent to said curve Nxth 71"20'00" 480.66 feet to the TRUE POINT OF BlXXMUw%.
PARCEL 2:
That portion of I& "I" of the RANCH0 ACXJA HEDIONDA, tha City of Carl&ad, CounQof SanDiego, Stateof California, acccrdingtcPar-QticnMapt.hereofNo. 823, filedintheOfficeoftheQtrnty Reccrder of SanDiegc County, Ncvmber 16, 1896, l@ng within the following described parcel of land:
Beginning at Corner No. 2 of said Lot "1"; thenc0almgtheNortherly pmlongationofthatportionoftheEasterlylineof saidLot "I" betweenCbmer No. 1 and 2 of said Lot, North 02'29'49" West record North 3" West, 21.84 feet tc anintersectionwiththecenterlineof~~RoadSurvey No. 682; as the same is described in easement deed to the County of San Diego, dated May 27, 1936 and recorded in Book 531, Page 230 of Official Records of said San Diego county, saidPoint of Intersectionbeing also the Southwesterlyccmerofthat
(continued)
LqAL DEScRIPTIoN oxDER,NO. 402805-04' -
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parceloflanddescribedinquitclaimdeedtoHoraceH. Kelly, recordedJanuary 22, 1951-as File No. 9613 in Book 3942 Page 34 of Official Records; thence along the Southerly line of said Kelly land as follows:
Along the said center line of County Road North 47"lO'OO" West 897.21 feet to an anglepointinsaidroad; thencecontinuingalongsaidcenterlineofCaunty Road North 64'35'00" West 701.22 feet to the begiming of a tangent cume concaveScoltherlyandhaviragara~usof1,000.00 feet; thence alongsaidcume through a central angle of 18"17'34" for an arc length of 319.27 feet; thence leaving said County Road, Soum 3"18'40" East 355.96 feet to an angle point on theWesterlyandNortherlylineofthatlanddescribedinBeedtiJ.BlairPace and wife, recorded B 24, 1958 as File No. 216747 in Bock 7413, Page 212
of Official Records; thence North 84"48'00" West 90.00 feet; thence South
5"39'40" West 487.87 feet lm the TRUE POINT OF BEGINNING; thence North 86"22'33" East 334.12 feet; thence Souti 3"02'12" East 310.53 feet; thence South 80"51'19" West 165.48 feet; thence South 16"21'39" West 238.00 feet to a point on the Southwesterlylineof saidPaceland; thenca alcngtheSouthxesterlyand Westerly lines of said Pace land North 44"27'09" West 224.84 feet; thence North
5"39'40" East 385.01 to the TRUE POINT OF BEG-.
PARcEL3:
That portion of Lot "I" of R?UCHO AGUA HEDIONDA, in the Cknmty of San Diego,
Stateof California, accordingtOPartitionMapthereof No. 823, filedinthe
Office of the Ch.mty Recorder of San Diego County, November 16, 1896, lying within-be followingdescribedPanelofland:
Beginning at Cbmer No. 2 of said Lot "1"; thencealongtheNortherly prolongationof thatportionoftheEasterlylineof saidLot'1" between Oornexs No. 1 and 2 of said Lot, North 02"29'40" West (record Mrth O3"OO'oO" West) 21.54 feet to an in- mwiththecenterlineofCom~RoadSumey No,682asthesameisdescribedineasementdeedtotheCauntyofSanDiego, dated May 27, 1936 and recorded in Book 531, Page 230 of Official Records of saidCbunty; sa.idPointof Intersectionbeingalsothe 8outheasterlycomerof thatparceloflanddescribedinQuitclaimDeedtoMoraceH.Kelly,recorded January 22, 1951 as File No. 9613 in Bcok 3942, Page 34 of Official Remrds; thence along the Southerly line of said Kelly land as follaws:
Along said center line of road, North 67"10'00" West 897.21 feet: North .
64'35'00" West 701.35 feet to m beghning of a tangent cume concave Southerly having aradiusof1000.00 feet;No rthwesterly along the arc of said cume 29.00 feet; thence leaving saidcenterline North 74°11fOO" West achxddishnce of
262.47 feet to a point on the arc of said curve; thence South 02"36'15" East
553.64 feet: thence North 88"59'15" West 90.00 feet to an angle point in the Westerlybomdaryofthe 1anddescribedinDeed-b J. Blair Pace etux, remrded July 17, 1957 as File No. 106397 of Official Records being the TRUE POINT OF
BEGINNING; thence along said boundaq South 1O"OO'OO" West 870.00 feet, South
43"10'00" East 239.00 feet; andNorth 85"45'00" East to an intersectionwiththe
Southwesterly bmndary of the land described in Deed tc J. Blair Pace et ux, recorded December 24, 1958 as File No. 216747 of Official Records: thence along
(Continued)
: 'IX&G DESCRIPTION .oRDEx No. 40280%04
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. theSouthwes~lyandwesterlyboundary of last said land North 44"27'10" West to an angle point and Nxth 05"39'40" East to the Northerly line of first said Pace land; thmce along said Northerly line North 88"59'15" West to the TRUE POINTOFBEGINNING.
pARmL4:
An easement and right of way for road, sewer, water, gas, power and telephone linesandapLxlrtenaM‘Rstheretouver,under,alongand across a strip of land 30.00 feetwideinL& "I" of RancbAquaHedionda, int.hecaUntyofSan Diego,
State of California, according to Partition Map thereof No. 823, filed in the
Office of the Crxrnty Recorder of San Diego County, Novaber 16, 1896, the center
lineof said30.00 fmtstripbeingdescribedas follows:
Beginning at Oamer No. 2 of Lot "I"; lzhence along the Northerly pmlcngation of thatportionof theEaster1y1ineofsaidI&"1" be~cornerSEJo.1, andNo. 2 of said Lot, North 2"29'40" West (record Nxth 3" West) 21.84 feet to an intersecti~withthecenterlineof~yRoadSurveyNo.682,asthesameis described in easement deed to the Caunty of San Diego dated May 27, 1936 and recorded in Book 531, Page 230 of Official Records of said 0x&y, said Point of
In~onbeingalsothesou thea&erlyc.xxnerofthatparceloflalld
described in quitclaim deed to Horace H. Kelly, recorded January 22, 1951 as File No. 9613, in E!ook 3942, Page 34 of Official Records; thence along the Southerly line of said Kelly land as follows:
Along the said center line of County Road North 67",10' West 897.21 feet to an araglepo~t-therein:thence~~~al~saidcenterlineof~yRoad
North 64O35' West 701.22 feet to the beginniiq of a lxngent 1000.00 foot radius cumemncaveSoutherly,thenceWesterlyalongsaidcume 319.27.feet through an angle of 18"17'34"; thence leaving said center line South 3"18'40" East 355.96
feettotheTRUEPOINT OFBEGINNIS ofthehereindescribedcenterline;thence
South 71°20f E&s-t 480.66 feet to the begbning of a tangent 150.00 foot radius
curve concave Northerly; thence Easterlyabqsaidcume 227.15 feet through an angle of 86"46'; thence tangent to said cume North 21'54' East 148.31 feet to saidcenterlineoftheCbun~Road, said30.00 footstxipbegins inaline
whichkarsSouth3"18'40" EastthnxlghtheTRUEPOINTOFBJ3XNNISandendsin thesouthwesterly lineof saidCbu@Road.
EXCEPT.I%fmsaid easement and right of way that portion thereof which lies withinParcel1hereindescribd.