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Home My WebLink AboutEIR 83-02; Hunt, N.B. & W.H.; 83-378945; Public Facilities Fee Agreement/Release.* 2 ~E(:olcp 1 ::t: 111~:!~I~l~!:'I'I~:I~~ I'*' ANIl ' ;qjf]$N l(I~CnRr~JcIl ElA II. 'I'( -. ; 686 p-- I .* * > 83-378945 . CI'I'y OF ChRI,!:l~Al1) 12011 Elm hvr~nrie Carlsbad, California 92nnt3 > vl SJJCICC! nbove tI\ is ~o~.,n”;‘3~,‘1a.‘~~~~~~~~~ee luo FEE Fignature of declarant determinin, tax-firm name City of Cnrlshad Parcel No. See Attachment X A G K E E l.1 E N T JJ E T \J E 6 N D E V II L 0 P I,: R - 0 14 N J: R AND TJIE CITY OF CARLSJIAD FOR THE PAYMENT OF A PLJDLZC FACILITJES FEE THIS AGREEMENT is entered into this. 7th day of September , 19& by and between N. B. BUNT and W. Hi HUNT (name of developer-owner) xx Individuals -, hereinafter referred to as (Corporation, partnership, etc. > “Developer” whose address is . . C/O Hunt Properties, Inc., 1900 wlylnn m (street) r, 1601 Elm Street, Dallas, Texas 75201 (City, state, zip code) and T’JE CI’IY OJ: CARLSJlAD, a municipal corporation of the Stat hereinafter referred to as “‘City”, W~OSC addr Carlsbad, California, 92008.. W I T N E S S E ‘T JJ : wIIl’l~EAs~, Devel.oper is the owner of tlie r on Exhibit “A: ) nttachcrl J,ercto and made a part of this agreement, hereinafter referred to as “Property”; and Wl1F:REAS, The Property lies within the bollntlarics of City; and ’ ! I VllERF.AS, Developer proposes a devc;lopmcnt project as fol Jc>ws: A General Plan Amendment, pre-annexational zoninu and master plan for a plannd co-it REV jr- Y with residential, recreational and -82 comnercial develomt on rini~l I'rcrpfo <I' I .y, WII i c.11 (l(‘V,’ II) ~‘lll”” 1. (‘:I 1.1‘ I(‘!; 1 II (8 p1.l1[Io’;c’rl 1,:\,r,, !,I The Pacific Rim CounL~ Club &d Resort -... . 687 -- and i.s hereafter referred to as “Develo~)~l‘ent”; a I1 d Ii; WHEREAS, Developer f iletl 011 the 21st day of Sept*r , 19 82 , with the City a request for Annexation, General Plan Anwndrtk3-k. Pre-Zoning and proposes to request approval for a master plan for a planned ccsxnun ity and tentative and final subdivision maps t/k ~3-&fV/L&Ws/ZC -26 7 - hereinafter referred to as “Request”; and iJIIE1!F,fYS, the Public Facilities Element of tlic City JTcner:l. Plan requires that the City Council find that all public facilities necessary to serve a dcvclopment will be available concurrent with riced or such development shall not be approved (said element is on file with the City, Cierk and is incorp.ornted by this refercncc); and WlIERF.AS, Developer and City recognize the correctness of Council pol.icy No. 17, dated April 2, 1982, in file with the City Clerk. and incorporated by this reference, and that the City’s public ftzilitics and services are at capacity and will not be availahlc to acc>lmod>te the additional need for public facilities; and services resulting from the propo.sed Development; and . WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future r.?cds of the Development as ‘it is presently proposed; but the Developi+: is aware that the City cannot and will not. bc able to make any s::zh . fillding w:ithout financial assistance te pay for such scrt.*icc:s and facilities; and therefore, T.I c v c 1. o p c r p r o p o :; c r; t o h c 1 p s ;1 L i 5 f y t h e General PIat) as implemf!ntt:d hy Council Policy No. 17 by payme:: of n public faciliticrs fee. -2- REV 4-2-82 -- . .: ,/ I I. :. . r ---s ,. ., c- , . . 688 I N W 1 ‘r N E S S N I1 1: R 1: 0 F , t h‘i s a g r e e 111 i? n t j i (i x c c II t (2 d j. II S 4 II II i c g 0 County, California as.of .the date first written ahove. DEVELOPER-OMNER: N. B. HUNT an& W. H. HUNT (name) W. H. Hunt . CITY OF CAI’.I,SllAD, a municipal corporation of tile Stnte of California City 14anagcr (Title) ATTEST : APPROVED AS TO FORM: ( N u t ;1 r i a 1 a c 1~ II o w 1 C? tl g c n1 C’ n t o f (! x c c u t i o II b y I)~VI’I,(~)!‘RR-OWNI]I1 n,,,~;t be at. tnched. 1 RI:V b-2-82 -6- .’ <A. STATE OF KENTUCKY X COUNTY OF FAYETI'E X This instrument was acknowledged 1983 by N. B. HUNT. I r- - 689 before me on 4/4jP , STATE OF TEXAS Nota#$&blic My COmmiSSiOn @w&&S: -_ - --"w~~~!a*- I my- . - LLL: ;.mox EXP-8 SEPTEMB&B 11. r!l@ X COUNTY OF DALLAS X This instrument was acknowledged before me on 1983 by W. H. HUNT. ,. kjork ~Chncon, h!Otav pub/i0 %te of Texas BY Commissicsn expires ‘,, mu : I . ..’ ,. a f- L ATTACHMENT I * . - ASSESSOR'S PARCEL NUMBERS RANCH0 LA COSTA AREAS I, II & 131 I ZONING AREA I 215-020-13J 215-021-04 J ARFA II . 215-040-02': 215-070-05" 215-040-15/ 216-ill-01% 216-111-022 216-110-02~ 216-llO-18-A' 216-llO-19d 216-121-124;. 216-122-Old 216-122-23../ 216-090-08.i 216-X0-06-/ 216-150-07/ 214-170-d ,216-122-134 216-122-24‘/ 255-011-01~ 255-011-04-,- * 255-Oil-05+=". 255-021-01"; 255-021-02J AREA III 690 . . . I 255-024-01'~ 257-040-15 BanicQu - a*-. 691 englneerlng company civil engineering 6 surveying PARCEL 1: Lot 3; Lot 4; the Southwest Quarter of the Northwest Quarter; the Northwest Quarter of the Southwest Quarter; and, the Southeast Quarter of the Northvest Quarter; in Section 2, T-ship 13 South, Range 4 West, San Bernardino Meridian, ln the County of San Diego, State of California, according to United States Government Survey approved, April 19, 1881. EXCEPTING THEREFROM that portion thereof conveyed by Magdalena Beller to Frederick Prlndle by deed dated March 13, 1895, recorded in Book 237, Page 335 of Deeds, described as follows: COMMENCING at the Quarter Section corner of said Section 2 ou the Tovnship line and running West on said line 27QOO feet to a stake; thence South 06"45'00" East, 725.00 feet to a staka; thence South 66*15'00" West, 284.50 feet to a stake: thence South 2O'l5'00" East, 142.00 feet to a stake; thence South 32'3.3'00" East, 986.00 feet, more or less, to a stake intersecting the North and South Quarter Section line of said Section 2; thence North on said Quarter Section line 1.795.00 feet, more or less, to the place of beginning. ALSO XCEPTING THEFEPRGM those portions thereof described in deed to the County of San Diego, Road Survey No. 1800-l recorded November 28, 1969, Recorder's File No. 217326 of Official Records. ALSO EXCEPTING that portion of said Lot 3 lying Easterly of the Easterly line of said Road Surpey No. 1800-l. PARCZ 2: That portion of Section 2, TOVM~~Q I.3 South, Range 4 West, San Bernardino Meridian, according to United States Government Sumey approved April 19, 1882, and of Lot 1 of Ranch0 Los Encinltas, accordip, to Map thereof No. 848 filed in the Office of the County Recorder of San Dlego County, June 27, 1888, in the COUCL+P of San Dlego, ,State of California, described as a vhole as fol.lovs: C~CZIG at the Quarter Section corner of :&id Section 2 on the Township line and mnning West on said line, 270.00 feet t a stake; thence South 06"45'00" East, 725.00 feet. to a stake; thence South 66"15'00" West, 284.50 feet to a stake; thence South 20°15'00" East, 142.OQ feet to a stake; thence South 32"l.5'00" Ease, l58.00 feet to the TRDE POINT OF BEGIXNiJG; thence North 66'29'20" East, 91.00 fees to the Westerly line of Road Survey No. 682-60.00 feet wide- known as El Can&no Real; theace Fn a Southerly direction along the Westerly line of said Road SuIvey Xo. 682, to an intersection vith the Southerly line of Lot 6 of said Sectloon 2; thence Westerly along said Southerly line-to the SOuthveSt caxaer of said Lot 6; thence Northerly along the Westerly line of said Lot to an intersection vfth a line bearing.Sonth 32'15'00" East from the True Point of Begiuning; thence North 32'15'00" West to the TRDE POINT OF BEGNNIXG. ESCETTING that portion lying vithiu Road Sumey Xo. 1800-l. described la deed to County of San Diego, recorded February 16, 1970, Recorder's File No. 27777. TlTLE co. REFERENCE Exhibit A . I /- * I mAnirou englneerlng cornpan& - -- 692 civil engineering & surveying 455 N. Hole Arwwe. Escondido.Calibrnia 92015 Tmlephone: (714) 741-9911 JOE NO. LEGAL DESCRIPTION FOR: 575 PUBLIC FACILITIES AGZEEMENT BYF.W.F. DATE SHEET '"~%.F. 7-27-83 2 of 6 PARCEL 3: That portion of the South half of Section 2, Tamship 13 South, Range k West, San Bernardino Heridian, in the County of San Diego, State of California, according to United States Government Survey approved April 19, 1881, described as follovs: BEGTNNTNG at the concrete monument designating the center of said Section 2; , thence along the Northerly line of said South Balf South 88*39'20" West, 1259.25 feet to the Northwest corner of the Northeast Quarter of the Southvest Quarter of said Section; thence along the Westerly line thereof South 04'20'10" East, 914.20 feet; thence parallel with said Northerly line North 88'39'20" East to the Westelry line of the land described in Parcel 6MS&Bin deed to the County of San Diego recorded November 28, 1969, Recorder's File No. 217326 of Official Records, being a point Fn the center line of Road Survey No. 682; thence in a Northerly direction along said Westerly line to and along the Westerly line of the land described in Parcel 67080-A Jf said Deed, to the Northerly line of said South Half of Section 2; thence along said Northerly line South 88'39'20" West to the Point of Beginning. PARCEL 4: That portion of Lot 8 in Section 2, Township 13 South, Range 4 West, San Bernardho Meridhn, in the County of San Diego, State of California, according to United States Government Survey approved April 19, 1881, lying Westerly of the Westerly line of the Ranch0 Los Encinitas. EXCEPTING TREEFROM those portions thereof described in deed to the County of San Diego, Road Survey No. 1800-1, recorded November 28, 1969, Recordff!s Pile No. U7326 of Official Records. ALSO ESCEPTYG those portions lying Westerly of the Easterly line of the 90.00 foot strip of land described Fn Parcel 67083-A in said deed to the County of San Diego, recorded November 28, 1969, Recorder's File No. 217326. ALSO EXCE?TZ?G that portion of said Lot 8 lying Northerly of the Southerly ll.zxe of that certain 60.00 foot sslp of land described in Parcel 61294-R in deed to the County of San Diego, recorded September 28, 1961, as Recorder's Pile No. 169289 of Official Records, known as Road Sumey No. 1631. PARCEL 5: The Northvest Quarter of. the Northeast Quarter of Section U, Township 13 South, ilange 1( West, San Bernardino Meridian, in the County of San Diego, State Of California, according to United States Government Surpey. ESCEPTElG THEREFROM those portkus thereof described in deed to the County of San Diego, Road Surrey No. 1800-1, recorded November 28, 19.69, Recorder's yue 90. 217326 of Official Records. ALSO EZKE?TlG those portion lying Westerly of the Easterly line of the 90.00 foot Strip of land described in Oarceil 63083-A fn said deed to the COUIXy of San Diego, recorded %vember 28, 1969, Recorder's File No* 217326* . . COMPANY DESCRIPTION REVISIONS TITLE CO. REFERENCE 1 BY ORDER NO, DATE Exhibit A > . . . I- -, El;3aWKOU - engrneering company civil engineering & surveying 455 N. Hole Arwwm. tscondido. Colilornio 92025 Talephone: (714) 741-9921 693 JOB NO. 575 LEGAL DESCRIPTION FOR: PUBLIC FACILITIES AGREEMENT BYF.W.F. DATE SHEET CHk.‘Dvi ..b . 7-27-83 3 of 6 PAHCHL 6: The Southeast Quarter of the Southeast Quarter and Lot 1, Section 22, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to United States Government Survey. EXCEPTING from said Lot 1 that portion thereof lying North of the South boundary line of the Hancho Agua Hedionda as said South line was established May 5, 1913 by Decree of the Superior Court of the State of California, in and for San Diego County in that certain Action No. 16830, entitled Kelly Investment Company, a corporation vs. Clarence Dayton Hillman and Bessie Olive Hillsma. PARCEL 7: The South Half of thesouthwest Quarter of the Southeast Quarter of the Southvest Quarter of Section 22, Tovnship 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Govermnent Survey. PARCEL 8: The Southeast Quarter of the Southwest Quarrer of Section 23, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Sumey. EXCEPTING THEHEFHQM those portions conveyed to the County of San Diego by deeds recorded November 24, 1969 as File No. 214742 and June 22, 1970 as File No. 108453. The East Half of the Southwest Quarter; thence Northvest Quarter of the Southvest Quarter; and, the North HsZ of the Southwest Quarter of the Southvest Quarter; in Section 26, Township 12 South, Range 4 West, San Bernardiao Meridian, in the City of Carlsbad, County of San Diego, State of California, according to United States Government Sumey. XCHPTING -CM those portions lying within Carlsbad Tract 72-34 (Hancho La Cuesta) Unit Numbers 1, 2, 3 and 4 accordizg to Xaps thereof Numbered 8350, 8351, 8352 and 8353, respectively, filed in the Office of the County Recorder of San Diego Comty. AI..SQ nc@R?JG TBEIIEFT(oH that portion of said Section 26, that is Easterly of the following~described Line: BEGINNING at the &st Southerly corner of Lot 329 of Carlsbad Tract .72-34, Unit No. 4, according to Map thereof No. 835.3, filed in the Office of County Recorder of San Diego County; thence Southeasterly along the Easterly line of that 150.00 foot vide easement to San Diego Gas & Electric Company recorded Ocrober 16, 1956, in Book 6301, Page 162 of Official Records of said San Diego County a distance of 514.17 feet, mre or less, to the Southerly line of said Section 26. COMPANY DESCRIPTION REVISIONS, TITLE CO. REFERENCE ORDER NO. Exhibit A . _ 18 1 I Ir- . 694 . , . -. en companl civil engineering & surveying 455 N. Hal. Armue. Escondido. C.likmio 92025 T~l~,,hone: 1714) 741.9921 JOB NO. LEGAL DESCRIPTION FOR: 575 PUBLIC FACILITIES AGREEMENT Y.W.F. DATE SHEET %?.F. 7-27-83 4 of 6 PARCEL 10: The South Half; the East Half of the Northeast Quarter; the Southwest Quarter of the Northeast Quarter; the West Half of the Northwest Quarter; and, the Southeast Quarter of the Northwest Quarter; in Section 27, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of Caufornia, according to United States Government Survey. EXCEPTIXG TREREPRQM that portion lying vithin Carlsbad Tract No. 73-39. (Spiker m) Unit No. 3, according to Map thereof No, 8453 filed b the Office of the County Recorder of San Diego county. PARCEL IL: The West Ralf of the Northeast Quarter of the Northwest Quarter of Section 27, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Suroey. PARCEL ri: The East Half of the Northwest Quarter of the Northeast Quarter of. Section 27, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey. PARCEL 13: The East Half of the Southeast Quarter of Section 28, Towcshfp 12 South, Range 4 West, Sac Bernardfno Meridian, In the County of San Diego, State of California, according to United States Government Survey. EXCEPlTlJG *TXEREPRCI4 those portions lying within Carlsbad Tract Xo. 73-39 (Spinnaker Hill) Unit Nos. 1, 2 and 3 according to -Haps thereof Xumbered 8404, 8405 and 8453 respectively, filed in the Office of the County Recorder of San Diego County. PARCEL 14: Lots 2 anti 3 in Sect&m 33, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Surrrey. PARCEL L5: That portion of Lot 17 in Section 33, Township 12 South, Range 4 West, San Bernardiao Yeridian, in the Count? of Sac Diego, State of California, according to Ud.ted States Governkent Survey, described as follows: BRGTR'NTXG at a point on the East line of said Lot U, distant along said East line md along the East line of Lot 9 in said Section 33, Xorth OO"42'07 West, j6j.84 feet frm a 2 bch ken pipe havtig coordiaates Y-335, 368.41 feet and x-1,679,897.34 feet set for the Southeast corner of said Lot 9, in said SeCtiOn 33; thence along the following numbered courses: (1) North 68"31'17" West, 311.44 feet; (2) North 46"S8'59" West, 695.63 feet; 0) Nor=5 33'13'47" West, 257.29 feet to the xorth Line of said Lot 17; (41 along said Xorch lhe, ./ I COMPANY DESCRIPTION TlTLE CO. REVISIONS4-fc I REFERENCE BY DATE ORDER NO. DATE Exhibit A - .~ -- I . - I - . 695 . . ‘. 1 civil engineering L surveying 455 N. Hale Aronue. Exondido.Colifornio 92025 Telephone: (714) 741-9921 JOB NO. LEGAL DESCRlPTiON FOR: 575 PUBLIC FACILITIES AGREEMENT !YW.F. DATE ‘SHEET CH K’D. .F.W.F. 7-27-83 5 of 6 South 89"17'46" East, 929.78 feet to the Northeast corner of said Lot l-7; (5) along said East line of Lot 17, South 00'42'07" East, 792.46 feet to the Point of Beginning. PARCEL 16: The Northwest Quarter of the Northvest Quarter and Lots 1,2,3,4,9,10,11,12,13, 14 and 1S in Section 34, Tovcship 12 South, Bange 4 West, San,Bernardico xeridian, in the County of San Dlego, State of California, according to United States Government Survey. EXCEPTING THEREPROM that portion of said Lot 13 in Section 34, Tovnship 12 South, Range 4 West, described as follovs: COMMENCIZJG at the Southvest comer of Lot S ic said Section as marked by 2 inch capped iron pipe as shovn on Record of Survey No. 1652, filed October 17, 1947 under Pile No. 108637 in the Office of County Recorder of San Diego County, being at coordinates Y equals 335,368.41 feet and X equals 1,679,897.34 feet; thence along the West line of said Section North 00'42'07" West, 565.84 feet to a point in a line which bears North 68'31'17" West from a 1 l/2 inch pipe tagged "Div RWYS" being at coordinates Y equals 335,887.14 feet X equals 1,680,010.03 feet last said.point being the Point of Beginning; thence along last said line South 68'31'17" East, 128.55 feet to last coordinated point; thence South 28'40'06" East, 82.00 feet more or less, to the South line of said Lot U; thence Southwesterly along said lot line to the West line of said Section; thence North 00'42'W" West along the said Section lice to the Point of Beginning. ALSO EXiEPTING TEEBEPRCM that portion of said Lot 14 in Section 34, To-ship 12 South, Range 4 West, deeded to Leucadia County Water District, a pollticdL subdivision j.,n deed recorded August ll, 1461 as File NO. 138158, described as follows: BECZNNCJG at apolnt of intersection of the center line of Road Survey so. 516 and the cwter line of &yad Sumey No. 13U- said centar line is the Northerly prolongarion of the course shown as Iiorth OO"09'OO" West - both Plats on file ~IJ the Office of the County Surveyor of San Diego CounrY; thence &ong the center line of said Road Survey NO. 516, North 89'26'15" West 21.15 feet to the North and South center line of said Section: thence Northerly along said No-h and South center line and along the West line .- - of Lot 15 in said Section, a distance of 8.86 feet to the center line of County'Road Survey No. 346, according to Official Plat thereof filed in the Office of the County Sumeyor of San Diego County; thence along said center line Xorth 87'47'00" West - Record Xorth 87'45'00" West - 436.00 feet; thence at right angles North 02'15'00" East 30.00 feet to the TRUE POI?IT OF BEGmG; t&nce North 02'15'00" East 30.00 feet: thence North 87"4j'QO" West 30.00 feet; thence South 02'15'00" West 30.00 feet; thence South 87'45'00" East 30.00 feet to the TRUE POLUT OF BEG-G- TlTLE CO. REFERENCE Exhibit A , . ” . I . . 2. . AniiOU . I-- . 696 .,. q gmeering company civil engineering & surveying 455 N. Hale AVWW.. Exondido, California 92025 Telephony: (714) 741-9921 I JOB NO. LEGAL DESCRIPTION FOR: 575 PUBLIC FACILITIES AGREEMENT DATE SHEET CHK’D. .F.W.F. . 7-27-83 6 of 6 1 PARCEL 17: The Southeast Quarter of the Northwest Quarter; the Southwest Quarter of the Southeast Quarter; and, Lots 1, 9, 11, 12, 13, 14, 15, 16 and 17; in Section 35, Township 12 South, Range G West, San Bernardino Meridian, in the County of San Diego, State of California, accordtig to United States Government Sumep. EXCEPTING TRER&PRO?I the North 20 Acres of said Lot 1. ALSO EXCEPTING THEREFROM those portions lying Easterly of the center line of the County Highway known as Road Survey No. 682 as described in deed to the County of San Diego recorded February 28, 1950 in Book 3518, Page 221 of Official Records. ALSO EXCEPTING THEREFROM those portions thereof described in deed to the County of San Diego, Road Survey No. 1800-1, recorded November 28, 1969 as File No. 217326.' Parcel 19: The South Half of the South Half of the Southwest Quarter of the Northwest Quarter of Section 26, Township 12 South,' Ranqe 4 West, San Bernardino Neridian, in the County of San Dieso, State of Calf iornia, According to United States Governement Survey Approved April 21, 1890. COMPANY TITLE co. REFERENCE ORDER NO. Exhibit A