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Home My WebLink AboutCT 93-08; Rancho Carrillo Inc; 1993-0745429; Public Facilities Fee Agreement/Release; . ,, * RECORDING REQUESTES-,Y AND ) ~~~, It 1993-~74~429 f-=-HOW--1993 1#=59 Ail WHEN RECORDED MAIL TO: City Clerk CRY OF CARLSBAD 1208 Carlsbad Village Drive Carlsbad, California 92008-l 989 1235 OFFICIAL RECORDS 1 SAN DIEGO COUNTY RECDKDER’S PFFICE ANNETTE EVANS 7 COUNTY RECORDER ;;I 12.00 FEES: 1 32.00 18.00 1 IF: 1.00 Space above ti~~~inrI~rO~corder’s use Parcel No. - - \ AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CiTY OF CARLSBAD FOR THE PAYMENT OF A PUBUC FAClLlTlES FEE FOR INSIDE THE BOUNDARIES OF COMMUNlTY FAClLlTlES DISTRICT NO. 1 THIS AGREEMENT is entered into this ljeh day of JUlY ,192, by and between Ranch0 Carrillo, Inc. (name of developer-owner) a California Corporation (corporation, partnership, etc.) ’ hereinafter referred to as “Developer” whose address ia 12636 High Bluff Drive, Suite 300 San Diego, California 92130 .- (street) (city, state, zip code) and the CRY 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 Cii; and WHEREAS, Developer proposed a development project as follows: A tentative subdivision map and Planned Development for 51 lots on said Property, which development carries the proposed name of Carrillo Ranch Village 0 Form Approved Sy CJty Council Juty 2.1991 Fbso # Ql-194/KJH 1 c-r 43-00 PuD93 -07 I : . _. * , ‘. rc4 ? . * ’ end is hereafter referred to 64 ‘Development”; and WHEREAS, Developer filed on the , 193,“~~ / kdayof JuIq with the City a request for Tentative Mar) and P’ed Development Dermit :. “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 sewe 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 C-By 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 faciiiiies 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: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 1.82% 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 e/ city hmcil Juty 21991 Reao IQ&IWKJH 2 ,- : ,.. -. .: : ‘. ‘. ,.. ‘. .e ‘. I237 1 to Ties l&20 or 21 of the Carlsbad Municipal Code. Developer shalf pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 1.82% 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 Cii 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 Tiles 18, 20 or 21 of the Carlsbad vunicipal 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 Cii 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 indude - improvements required pursuant to Ties 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 Approved Eg%g;d&$2 1991 I 3 : , ; . . : _. . r ‘. - . . ,. .. : *: ,I. ‘. Development shall be void. No building or other construction permit or entitlement for use shall 12 3 8 be issued until the public facilities fee required by this agreement is paid. 4. Ci 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. Cii agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public ‘facifities and services sufficient to accommodate the needs of the Development herein described. . . 6: 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 notfce 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 ff notice is given to the City of personal delivery thereof to the Clty or by depositing same in the United States Mail, addressed to the Cii at the address set forth herein, enclosed in a sealed envelope, addressed to the Cii for attention of the City 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 Cii herein shall be deemed to be a reference to and include their respective Form4mov.d ByCllyCouncilJuty2.1991 Rosa I qt-194/vuH . 4 m . .__ ‘.: ‘.. . . ,’ :. . . . . ,’ ,, ..-:._ ,. ,.- .., ‘. .* . . ’ successors and assigns without specific mention of such successors and’aksfgns. lf Developer”1 2 3 9 Should cease, to have any interest in the Property, aff 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. . . . . . . . . . . . . . , . . . . ..; . . . . . . . . . .‘. . . . . . . . . . . - . . . . . . . . . . i F-&V-d Z#$Jd&$2 IQ91 s .5 ‘. * . - A 1240 CA1 ICnPUIA AI I ,D&laDCbSe ACKNOWLEDGMENT State of County of - OPTIONAL SECTION - ’ CAPACITY CLAIMED BY SfGNER Though statute does not require the Notary to in the data below, doing so may prove On 7-\3-43 beforeme, hbr&.. Q. L DATE NAME, TITLE OF OFFICER - E.6.. “JANE DOE, NdTARY PUBLIC personally appeared relying on the document. TITLE(S) bersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence 0 PARTNER(S) 0 LIMITED to be the personti whose nameCdj is&e- 0 GENERAL subscribed to the within instrument and ac- 0 ATTORNEY-IN-FACT q ~u~nor~~/c~~s~nv~r~n acted, executed the WITNESS my hand and official seal. SIGNER IS REPRESENTING: THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT m.t‘. Otir-fY~ Ci THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES .L DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE ~---------~----------___________i___l____ 01993 NATIONAL NOTARY ASSOCIATION * 8236 Remmet Ave., P.O. Box 7164 * Canoga Park, CA 91309-7164 . : .‘. : . . . . . : ’ : ” :;; . . --’ _. A 5 -: , ‘. .‘.. IN Wl?N&S WHEREOF, this agreement is executid in San Diego County, California as 124.1 of the date first written above. DEVELOPER-OWNER: CllY OF CARLSBAD;a municipal corporation of the State of California -rS (print name) . . I . We) z ,Eiy -. .(signature) ,-. i (print name) ALEIHA L RAUTEN APPROVED AS TO FORM: / RONALD R. BAU, Cii Attorney (Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) Form Approved ByCilyCouncIiJi~ty~lsOl Rmo # 0%194/KtH . 6 r ” :,. 1 . ‘, ,_ :. I .:,. . ‘... : : .’ ‘. ,. ‘.’ , : :, ,. ,’ ,‘.. . :. .’ ,, ,, ‘. . EXHIBIT ‘A’ . ., . . ;, .,. I ./ ; ., .’ . . . . . . :_.’ : : ., : ‘. ., .. 1242 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE 'OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION 0F SECTION 18 AND 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING To THE OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 2 INCH IRON PIPE WITH A DISC MARKED "RCE 9416", ACCEPTED AS THE NORTHWESTERLY CORNER OF LA COSTA MEADOWS UNIT NO. 3, ACCORDING TO SAID MAP NO. 7076; THENCE NORTH O"52'06" EAST ALONG THE WEST LINE OF SAID SECTION 19, A DISTANCE OF 1337.52 FEET; THENCE NORTH OOO3'46" WEST A DISTANCE OF 565.88 FEET TO A 'POINT IN THE ARC OF A NONTANGENT 2000.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL iLINE TO SAID POINT BEARS SOUTH 8O39'55" EAST; THENCE LEAVING SAID WESTERLY LINE OF SECTION 19, EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16O29'25" A DISTANCE OF 575.62 FEET; THENCE NORTH 64O50'40" EAST 1165.58 FEET TO THE BEGINNING OF A TANGENT 2000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21°00'OO" A DISTANCE OF 733.04 FEET; THENCE NORTH 85O50'40" EAST 92.05 FEET; THENCE NORTH 4OO9'20' WEST 688.38 FEET; THENCE NORTH 85O50'40" EAST A DISTANCE OF 749.94 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 19; THENCE NORTH O"20'46" EAST ALONG SAID EAST LINE A DISTANCE OF 498.91 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 18; THENCE NORTH OO42'37" WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 291.42 FEET; THENCE LEAVING SAID EAST LIEN NORTH 16°13'OO' WEST A DISTANCE OF 1640.18 FEET TO THE CENTERLINE OF ROAD SURVEY NO. 757, PALOMAR AIRPORT ROAD; THENCE NORTH 68*33'29" EAST ALONG SAID CENTERLINE A DISTANCE OF 4 802.54 FEET TO THE BEGINNING OF A TANGENT 6000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE - THROUGH A CENTRAL ANGLE OF 5O39'05" A DISTANCE OF 591.81 FEET; THENCE NORTH 74O12'34" EAST A DISTANCE OF 454.40 FEET TO THE BEGINNING OF A TANGENT 3000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF OO52'58" A DISTANCE OF 46.22 FEET TO THE EAST LIEN OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 18; THENCE SOUTH OO39'40" WEST ALONG SAID EAST LINE A DISTANCE OF 2492.52 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE SOUTH OOO8'36" WEST ALONG THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER A DISTANCE OF 2670.01 FEET To A 2 INCH IRON PIPE MARKED ACP 1927 ACCEPTED AS THE SOUTHEAST CORNER oF THE WESTERLY Form Approved By City cOuncJ1 July 2.1991 Reao # Sl-lS4iKJH .7 ,’ . .t _ ‘. \’ . ~<. * 4 - 0 : I ‘. . . . :;,: : ‘. -. ,-. *’ , - 1243 ORDER NO. 1043792-6 HALF OF THE NORTHEAST QUARTER OF SECTION 19; THENCE NORTH 89O45'16" WEST ALONG THE SOUTH LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER A DISTANCE OF 1308.48 FEET TO THE NORTH-SOUTH CENTERLINE OF SECTION 19; THENCE SOUTH OO20'46" WEST ALONG SAID NORTH-SOUTH CENTERLINE A DISTANCE OF 1336.03 FEET TO THE SOUTHEAST CORNER OF. THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 19; THENCE NORTH 89O46'50" WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER TO AND ALONG THE NORTH BOUNDARY OF SAID LA COSTA MEADOWS UNIT NO. 3, MAP NO. 7076, A DISTANCE OF 3097.45 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PORTION GRANTED TO THE CITY OF CARLSBAD BY DEED RECORDED FEBRUARY 24, 1977 AS FILE NO. 77-068081 OF OFFICIAL RECORDS. PARCEL 2: THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, I TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATE GOVERNMENT SURVEY THEREOF. I PARCEL 3: ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN;IN THE COUNTY OF SAN DIEGO; STATE OF CALIFORNIA, LYING NORTHERLY; NORTHWESTERLY AND NORTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 24; THENCE NORTH 89O37'47 ,' WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 2635.50 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH OO42'05' EAST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 2277.33 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE LEAVING SAID WEST LINE SOUTH 89O17'44" EAST A DISTANCE OF 480.00 FEET TO THE BEGINNING OF A TANGENT 750.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57O17'44" A DISTANCE OF 750.00 FEET; s THENCE SOUTH 32OOO'OO" EAST A DISTANCE OF 425.00 FEET TO THE BEGINNING OF A TANGENT 700.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY;. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°20'OO" A DISTANCE OF 236.20 FEET; THENCE SOUTH 51°20'OO" EAST A DISTANCE OF 440.25 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 82O18'00" A DISTANCE OF 215.46 FEET; THENCE NORTH 46°20'OO" EAST A DISTANCE OF 82.83 FEET TO THE BEGINNING OF A NON-TANGENT 900.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29O32'00" A DISTANCE OF 463.91 FEET; THENCE SOUTH 73°10'O0 " EAST A DISTANCE OF 120.00 FEET TO THE BEGINNING OF A TANGENT 900.00 FOOT RADIUS CURVE, CONCAVE PAGE 23 -. ’ . -. . . * ‘._ \‘ ; ,. , - $ ;. . b : _. .- , J, ,. . -<,*. .a* 1244 ORDER NO. 1043792-6 NORTHERLY SAID CURVE BEING THE PROLONGATION OF A 900.00 FOOT CENTERLINE RADIUS OF EL FUERTE DRIVE AS SHOWN ON MAP NO. 7076, LA COSTA MEADOWS UNIT NO. 3; THENCE EASTERLY ALONG THE ARC OF SAID 900.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF lO44'50" A DISTANCE OF 27.45 FEET TO A POINT IN THE BOUNDARY OF SAID MAP NO. 7076, SAID BOUNDARY BEING ALSO THE EAST LINE OF THE AFOREMENTIONED SOUTHEAST QUARTER OF SECTION 24. 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