HomeMy WebLinkAboutCT 98-06; Greystone Homes Inc; 1999-0017893; Public Facilities Fee Agreement/Release: ..a e..,, mc 2 1999-0017893
6764 Jfw4 121 1999 3:48 PM
OFFICIIY imRDs SAN DIE60 CwHly RECORDER’S OFFICE GREGORY JtiMH, CW$YRECORDER : .
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
) City Clerk ) CITY OF CARLSBAD 1 lmmllllllll~lll~lll 19994017893 1200 Carlsbad Village Drive I Carlsbad, California 92008 1989 )
Space above this line for Recorder’s use
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR INSIDE THE BCXJNDARIES OF COIHMUNMY FACILITIES DISTRICT NO. 1
Parcel No. 216-140-30 & 31
THIS AGREEMENT is entered into this 22 day of December ,1998,
by and between (name of developer-owner)
Greystone Homes, Inc.
a (corporation, partnership, etc.) corporation , hereinafter referred to as “Developer”
whose address is (street, city, state, zip code) 5973 Avenida Encinas, Suite A
Carlsbad, CA 920087 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, 9200% 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
. . .
Form Approved By City Council July 2, 1991
Resolution No. 9 I - 1941KJJ3
1 Form 17A
Per Jane Mobaldi, Rev. 0111 l/96 #q/z
WHEREAS, Developer proposed a development project as follows: 56 duplex units
on said Property. which
development carries the proposed name of Planning Aeea C ; Poinsett i a s her e s
Master Plan and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the -?yddayof &L , 19%, with the
City a request for a Tentative Tract Map, Coastal Development Permit,
Condominium Permit and Hillside Development Permit
hereinafter referred to as “Requesf”; 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
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.
NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the
parties agree as follows:
. . .
Form Approved By City Council July 2, 199 1
Resolution No. 91-l 94/KJH
Form 17A
Per Jane Mobaldi, Rev. 01/l l/96
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 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 1.82% 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 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. 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.
Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH
Form 17A
Per Jane Mobaldi, Rev. 01/l l/96
6767
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 sufftcient 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 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 If 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 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 many have been designated, postage prepaid and certified.
Form Approved By City Council July 2, 199 1
Resolution No. 91-I 94KJH
Form 17A
Per Jane Mobaldi. Rev. 01/l l/96
6768
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 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 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 July 2,199l
Resolution No. 91-194/KJH
5 Form 17A
Per Jane Mobaldi, Rev. 01/l l/96
. . 6769
h
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
(pfint n’ame)’ p,l/* &!&Jj)c;/w-
(title) 1
A’iTEST: /
KAREN R. KUNDTZ, Assiunt City Clerk
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
(signature)
(print name)
(title)
(Notarial acknowledgment of execution of DEVELOPER and OWNER must be attached).
(President or vice president AND secretary or assistant secretary must sign for corporations. Ifonl-v one
officer signs, the corporation must attach a resolution certzjied by the secretary or assistant secretary
under corporate seal empowering that oflcer to bind the corporation).
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing
the partner to execute this instrument).
Form Approved By City Council July 2, 199 1
Resolution No. 91-194/KJH
Form 17A
Per Jane Mobaldi. Rev. 01/l l/96
.
. 6770
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On hecembd dd. /S&fore me, fttwu C . N&S A&. f?i.& .
Notary Public, personally appeared T&l Al,,, ’ $1 personal]>
known to me - or [ ] ynpe to be the pqrson0() whose
name(J) is/w subscribed to the within instrument and acknowledged to me that he/&e/t%
executed the same in his/l&/tB$ir authorized capacity(i)rS), and that by hisM/th%r signature(g
on the instrument the person@, or the entity upon behalf of which the person(d acted, executed
the instrument.
Form Approved By City Council July 2, 1991 8 Form 17A
Resolution No. 91-194/KJH Per Jane Mobaldi. Rev. Olil l/Y6
6111
EXHIBIT “A”
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS
DESCRIBED AS FOLLOWS:
PARCEL A:
THAT PORTION OF LOT 1 OF PARCEL MAP NO. 13653, IN THE CH-Y OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 3 1,1985 AS FILE
NO. 85033316 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 1; THENCE ALONG THE EASTERLY LINE THEREOF NORTH
1” 36’ 13” EAST, 241.75 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 76” 00’ 01’ WEST, 150.85 FEET; THENCE
SOUTH19”47’34”WEST,30.15FEET;THENCESOUTH65”38’13”WEST,89.60FEETTOAPOINTONA326.00FOOT
RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE CENTER OF WHICH BEARS SOUTH 65” 15’ 48” WEST; THENCE
NORTHWESTERLY ALONG SAID CURVE 46.99 FEET THROUGH A CENTRAL ANGLEOFS” 15’34”TOAPOINTOF
COMPOUND CURVE ON A 826.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE CENTER OF WHICH BEARS
SOUTH 57” 00’ 14” WEST, THENCE NORTHWESTERLY ALONG SAID CURVE 255.91 FEET THROUGH A CENTRAL ANGLE
OF 17” 45’ 06”; THENCE NORTH 16” 42’ 22” EAST, 370.32 FEET, THENCE NORTH 64” 12’ 22” EAST, 149.00 FEET TO A
POINT ON THE NORTHEASTERLY LINE OF SAID LOT 1; THENCE SOUTHERLY ALONG SAID LINE SOUTH 25” 47’ 38”
EAST, 422.00 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL B:
THOSE PORTIONS OF LOTS 1 AND 2 AND TBE STREET BETWEEN SAID LOTS AS SHOWN ON PARCEL MAP NO. 13653 lN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JANUARY 3 1,1985 AS FILE NO. 85-0333 16 OF OFFICIAL RECORDS, LYING
EASTERLY OF THE EASTERLY AND NORTHEASTERLY LINE OF CARLSBAD TRACT 85-14 PHASE I, (BATIQUlTOS
LAGOON EDUCATIONAL PARR), IN THE CH-Y OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 11616, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
SEPTEMBER 12,1986.
EXCEPTING TBEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 1; THENCE ALONG THE EASTERLY LINE THEREOF NORTH
1” 36’ 13” WEST 344.61 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTHERLY ALONG THE EASTERLY LINE
OF SAID LOT 1, SOUTH 1’ 36’ 13 ” EAST, 24 1.75 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 76 .a 00’ 0 1” WEST,
150.85 FEET; THENCE SOUTH 19” 47’ 34” WEST, 30.15 FEET; THENCE SOUTH65” 38’ 13” WEST, 89.60 FEET TOAPOINI
ON A 326.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE CENTER OF WHICH BEARS SOUTH 65’ 15’ 48”
WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 46.99 FEET THROUGH A CENTRAL ANGLE OF 8” 15’ 34” TO A
POINT OF COMPOUND CURVE ON A 826.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE CENTER OF
WHICH BEARS SOUTH 57” 00’ 14” WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 255.91 FEET THROUGH A
CENTRAL ANGLE OF 17” 45’ 06”; THENCE NORTH 16” 42’ 22” EAST, 370.32 FEET; THENCE NORTH 64” 12’ 22” EAST,
149.00 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 1; THENCE SOUTHERLY ALONG SAID LINE
SOUTH 25’ 47’ 38 fl EAST, 422.00 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL C:
A NONEXCLUSIVE EASEMENT FOR THE PURPOSES OF PEDESTRIAN AND VEHICULAR ACCESS AND INGRESS AND
EGRESS OVER, UNDER, ALONG AND ACROSS THAT OF LOT 1 OF CARLSBAD TRACT NO. 84-14 PHASE 1, IN THE ClTY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALlFORNIA, ACCORDING TO MAP THEREOF NO. 11616, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12,1980, SHOWN AND DELINEATED ON
SAID MAP AS “NAVIGATOR CIRCLE”.
SAID EASEMENT IS APPURTENANT FOR THE USE AND BENEFlT OF ALL OR ANY PORTION OF PARCEL A ABOVE
DESCRIBED.
Form Approved By City Council July 2, 1991
Resolution No. 91-l 94KJH
7 Form 17A
Per Jane Mobaldi, Rev. 01/l l/96