HomeMy WebLinkAboutCT 91-03; George Wimpey Inc; 1994-0096496; Public Facilities Fee Agreement/Release-
, RECORDING REQUESTEL i3Y AND -- #I 1994.0~9649~ JC
WHEN RECORDED MAIL TO: li-FEti-wrr I-. .s17#%1 +I*-, 11=4-t 3 N!! 1.980
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-l 989
OFFICIAL RECORDS SAN DIEGD COUNTY WECORDEK’S OFFICE ClNNETTE EUANS 1 COUNTY RECORDER
;;j 11.00 FEES: 2P.00 17.00 IIF: 1. DO
Space above this line for Recorder’s use parcel No. ~2-050-22,29,30,34 \ I.
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FAClLlTlES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNlTY FAClLlTlES DISTRICT NO. 1
THIS AGREEMENT is entered into this 20th day of January 1 M!5
by and between George Wimpey, Inc.
(name of developer-owner)
a Delaware Corporation
(corporation, partnership, etc.) ’
hereinafter referred to as “Developer” whose address
is 9171 Towne Centre Drive, Suite 355, San Diego, CA 92122 (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 Carlsbad Village Drive, Carlsbad, California, 92008
1989.
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 proposed a development project as follows: lg4 residentia1 lot
and 6 open space lot subdivision
on said Property, which development carries the proposed name of Evans Point (CT91-03)
Form Approved
By Cii Council July 2, 1991
Reso # 91.194KlH 1
. 1 aand is hereafter referred to as “Development”; and 1981
WHEREAS, Developer filed on the 20th day of February ,192,
with the City a request for a tentative map, general plan amendment and a zone change,
“Request”; and
hereinafter referred to as
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 2, 1991, 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.
NCW, THEREFORE, in consideration of the recitals and the covenants contained herein,
the parties agree aa follows:
1. The Developer shall pay to the City a public facilities fee in an amount not to
exceed 1.8296 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
Form Apprwod
By City Council Juty 2, 1991
IWO #91-1-H
1982
. 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 1.8296 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 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 $598
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 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. lf 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. ff 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
Form Approvd
By City Council July 2.1991
Iho # 91-194/KJH 3
,
Development shall be void. 1983 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.
8. All obligations hereunder shall terminate in the event the Request made by
Developer is 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 tf 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 Cii Manager, postage
prepaid and certified.
7.2 lf 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 many have been designated, postage 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 City, and references to
Developer or City herein shall be deemed to be a reference to and include their respective
Form Approved
By City Council JuJy 2, lQ91
Rosa # 91-1WKJH 4
., 1984
successors and assigns without specific mention of s,uch successors and assigns. lf Developer
should cease to have any interest in the Property, all obligations of Developer hereunder shall
terminate; provided, however, that any successor to 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.
. . *
. . .
. . .
. . .
. . .
. . .
. . .
Form Approved
By City Council Juty 21991
Reso # 91-194MJH 5
, . 1985 IN WlTNESS WHEREOF, this agreement is executed in San Diego County, California as
of the date first written above.
DEVELOPER-OWNER:
George Wimpey, Inc.
ClTY OF CARLSBAD, a municipal
corporation of the
State of Czjlifornia
BY (signature)/
Robert W. Laing
(print name)
Vice President, Land Division
(title)
BY (signature)
(print name)
(title)
AlTEST:
APPROVED AS TO FORM:
RONALD R. BALL, Cii Attorney
BY &Ldd L
weputy City Attorneu
(Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.)
Form Approved
6y Clly Council Juty 2,199l
Reao # 91.194lKJH
IT personally known to me - OR - 0 proved to me on the basis of satisfactory evidence 0 PARTNER(S) d LIMITED
to be the person# whose name@j is/are 0 GENERAL
subscribed to the within instrument and ac- q ATTORNEY-IN-FACT
knowledged to me that he/w executed 0 TRUSTEE(S)
the same in his/h.&tb&r authorized
capacity(&+, and that by his/be&t-heir
0 G~ARDIAN/CON~ER~ATOR
signature(e) on the instrument the person@), cl OTHER:
or the entity upon behalf of which the
person(&acted, executed the instrument. SIGNER IS REPRESENTING:
S my hand fficial seal. N E OF PERSON(S) R ENTI?-Y(IES)
I
WQcJ--J CeorTP b~~p~y~~
SIGNATURE OF NOTARY
OPTIONAL SECT10
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT wL9.L~
THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES 7 DATE OF DOCUMENT t ,h&q
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1986 No. 5193
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
personally appeared
TITLE(S)
Though the data requested here is not required by law, ,
it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7164 - Canoga Park, CA 91309-7184
ORDER NO. 1002410-15
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT "F" OF RANCH0 AGUA HEDIONDA, PARTLY WITHIN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
COMMENCING AT POINT 1 OF SAID LOT "F" AS SHOWN ON SAID MAP, SAID POINT 1 BEING SOUTH 74O13'29" EAST, 366.11 FEET FROM CENTER LINE STATION 414 PLUS 24.79 OF ROAD SURVEY NO. 1800-1, AS DESCRIBED IN THAT CERTAIN DEED TO THE COUNTY OF SAN DIEGO, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JANUARY 14, 1970 AS FILE NO. 7225 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY LINE OF SAID LOT 11 Fll SOUTH 25OO0'29" EAST, 25O33'56" EAST; 229.00 FEET PER DEED) 229.43 FEET (RECORD SOUTH TO POINT 23 OF SAID LOT, BEING THE NORTHERLY CORNER OF LANDS GRANTED BY CHARLES KELLY AND WIFE, TO ELMER U. CARPENTER BY DEED, RECORDED JUNE 1, 1937 IN BOOK 662, PAGE 75 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE SOUTH llO48'43" WEST, 14.39 FEET (RECORD SOUTH llO55'07" WEST, 14.42 FEET PER DEED), ALONG THE WESTERLY BOUNDARY OF SAID CARPENTER LAND TO THE SOUTHWESTERLY LINE OF EL CAMINO REAL, AS SHOWN ON SAID ROAD SURVEY NO. 1800-l; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY OF SAID CARPENTER LAND SOUTH llO39'13" WEST, 300.69 (RECORD SOUTH llO55'07" WEST, 301.18 FEET PER DEED); THENCE SOUTH 42O29'10" WEST, 373.91 FEET (RECORD SOUTH 42O59'32" WEST, 374.50 FEET PER DEED), TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 42O38'34" WEST, 937.98 FEET (RECORD SOUTH 42O24'42" WEST, 938.72 FEET PER DEED), TO THE BEGINNING OF A TANGENT 600.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 26OOO'25', A DISTANCE OF 272.35 FEET (RECORD 269.80 FEET PER DEED); THENCE TANGENT TO SAID CURVE SOUTH 16O38'09" WEST, 386.23 FEET (RECORD SOUTH 16O38'52' WEST, 386.15 FEET PER DEED), TO THE MOST WESTERLY CORNER OF LAND CONVEYED TO JAMES A. DYE, ET UX, BY DEED FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 31, 1969 AS FILE NO. 236219 OF OFFICIAL RECORDS; THENCE SOUTH 89O59'34' WEST, 1,548.97
FEET TO A POINT ON THE BOUNDARY LINE OF SAID LOT "F" BETWEEN POINTS 4
AND 5 OF SAID LOT; THENCE ALONG SAID LINE NORTH OOO11'52" EAST (RECORD NORTH OO"12'OO' EAST PER DEED), 2,122.OO FEET TO SAID POINT 4 OF LOT "F" ; THENCE NORTH 82OO1'27" WEST (RECORD NORTH 81O59'35" WEST PER DEED), 240.34 FEET TO A POINT ON A LINE DRAWN PARALLEL WITH AND DISTANT 100.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE COMMON BOUNDARY LINE BETWEEN LOTS "F" AND "I"; THENCE ALONG SAID PARALLEL LINE NORTH OlO55'36" WEST, 450.06 (RECORD NORTH OlO38'25" WEST,
PAGE 18
;,c .tslk.l{, \* c .? Y I .l
1988
l L ORDER NO. 1002410-15
445.00 FEET PER DEED); THENCE LEAVING SAID PARALLEL LINE NORTH
55O56'14" WEST, 123.59 FEET (RECORD SOUTH 55O33'25" EAST PER DEED),
TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO MARVIN H.
SIPPEL, ET UX, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN
DIEGO COUNTY, NOVEMBER 13, 1962 AS FILE NO. 193941 OF OFFICIAL
RECORDS; THENCE ALONG SAID COMMON LINE BETWEEN LOTS I AND F, NORTH OlO55'56" WEST (RECORD SOUTH OlO54'38" WEST PER DEED), 670.29 FEET TO
A POINT IN THE SOUTHWESTERLY BOUNDARY OF EL CAMINO REAL, AS SHOWN ON SAID ROAD SURVEY NO. 1800-l' SAID POINT ALSO BEING A POINT ON THE ARC OF A NON-TANGENT 6'945.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A
RADIAL LINE TO SAID CURVE BEARS SOUTH 23O39'21" WEST; THENCE
SOUTHEASTERLY ALONG SAID SOUTHWESTERLY AND THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF OO"15'21", A DISTANCE OF 31.02 FEET;
THENCE SOUTH 23O24'00" EAST, 18.00 FEET; THENCE SOUTH 66O36'00" EAST, 150.00 FEET; THENCE NORTH 23O24'00" EAST, 18.00 FEET; THENCE SOUTH 66O36'00" EAST, 1'428.64 FEET TO THE BEGINNING OF A TANGENT 14,955.OO FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 02O39'31", A DISTANCE OF 693.95 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE SOUTH 28O48'15" WEST, 178.56 FEET (RECORD SOUTH 28O53'52" WEST, 178.31 FEET PER DEED); THENCE
SOUTH 17O30'06" EAST, 278.47 FEET (RECORD SOUTH 17O24'23" EAST,
278.57 FEET PER DEED); THENCE SOUTH 29O38'12" EAST, 399.10 FEET
(RECORD SOUTH 29O42'33" EAST, 399.26 FEET PER DEED); THENCE SOUTH
54O46'09" EAST 606.05 FEET (RECORD SOUTH 54O36'44" EAST, 601.95 FEET PER DEED), TO THE MOST WESTERLY CORNER OF SAID CARPENTER LAND, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING.
PAGE 19