HomeMy WebLinkAboutGPA 91-01; Sudberry Properties Inc and Robertson, Virginia; 1991-0222885; Public Facilities Fee Agreement/ReleaseI ’ . RECORdlNC REQUES-3 DY AND w .~ .’ WHEN RECORDED MAIL TO:
CITY OF CARLSBAD 1200 Elm Avenue Cartsbad, California 92008 1
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Parcel No. Portion 208-010-32
AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into Gs 7 day of F~~uwc~\ , _I 19 7L by and between SUDBERRY PROPERTIES, INC.
(Name of Developer) l .
a California Corporation , hereinafter referred to as (Corporation, partnership, etc.)
“Developer” whose address is 4350 La Jolla Village Drive Ste. 210
(Street)
San Diego, CA. 92122-1244
(City, State, Zip Code)
and Virginia Robertson and Virginia K. Robertson/Trustee
(Name of legal Owner)
a Individual/ Trust , hereinafter referred to as (Individual, Corporation, etc. )
“Owner” whose address is 4656 El Camino Real
(Street)
Carlsbad, CA. 92008
(City, State, Zip Code)
AND
the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as “Cityn, whose address is 1200 Elm Avenue, Carlsbad,
California, 92008.
REV 7-28-87
., 1482 - : RECITALS
WHEREAS, Owner is the owner of the real
Exhibit “A”; attached to and made a part of this
.’
property described on
agreement, hereinafter
referred to as “Property” ; and
WHEREAS,. The Property lies within
WHEREAS, Developer has contracted
Property and proposes a development project as
the boundaries of City; and
with Owner to purchase the
follows :
General Plan Amendment and Zone Chance
on said Property, which development carries the proposed name of
NA
and is hereinafter referred to as ‘tDeveiopment”; and
WHEREAS, Developer filed on the 7 day of FL-L3 ruc3cL) , /
19 91 l with the City a request for . General Plan Amendment and Zone Change .
hereinafter referred to as “RequestBt; 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 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
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REV 7-28-87
f #
WHEREAS, Dt,deloper and Owner liwi :
v . . askecl the City to find that
public facilities and services will bo available to meet the future needs of the
Development as it is presently proposed; but the Developer and Owner are
aware that the City cannot and will not be able to make any such findings
without financial assistance to pay for such services and facilities; and
therefore, Developer and Owner propose 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 convenants
.
contained herein, the parties agree as follows:
1. The Developer and Owner 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 and Owner 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
for 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 or occupancy for which the development is intended.
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REV 7-28-87
1484
. Developer and Owner -‘aall pay the City a public f; -.ties 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
Carl&ad Municipal Code.
2. The Developer and Owner may offer to donate a site or sites for
public faciIities in lieu of all or part of the financial obligation agreed upon
in Paragraph 1 above. If Developer and Owner offer to donate a site or sites
for pubIic 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 Carisbad 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 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.
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REV 7-28-87
4 7
’ 5. . .
1485 *- .
city a - es to provide upon request msonabie assurances th
enable Developer and Owner 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 Requests
made by Developer 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
authorited 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 for attention of the City Manager, postage prepaid and certified. .
7.2 If notice is given to Developer by personal delivery thereof l
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, Owner and the City, and references to Developer, Owner or 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% obligations hereunder.
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REV 7-28-87
.- 1486 -
At’ such time as .ner ceases to have any intr .t in the Property, ’
all obligations of Owner hereunder shall terminate; provided, however, that if
any successor to the Owner’s interest in the Property is a stranger to this
agreement, such successor has first assumed the obligations of owner in writing
in a form acceptable to Clty.
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.
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER:
SUDBERRY PROPERTIES, INC. . (N_am_e) Y?LL&/u~~.& fl(Signature) Vircrinia K. Robertson - Trustee .
(Namehnder declaration of trust
*
ATTEST: CITY OF CARLSBAD, a municipal corporation of the
ALETHA 1. RACTENKRANZ, City Cletk .
’ APPROVED AS TO FORM:
I f KAI?EN J. HIRATA -‘- DEi’uT’f Ciyy .A?TjqNEY
VINCENT F. BIONDO, JR., City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached. 1
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REV 7-28-87
State of California ) ) ss. County of San Diego )
On this /+ date of /~~I/U?&~ 193, before me, a Notary Public in and for said State, personally appeared Thomas w. Sudberry, Jr., personally known to me to be the person who executed the within instrument as President, on behalf of Sudberry Properties, Inc., the corporation therein named, and acknowledged to me that such a corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors.
Witness my hand and official seal.
MY Ccmm. Exp.July31,1992
Notary Public
STATE OF CALIFORNIA
San Diego COUNTY OF
on January 31, 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared Virginia Robertson (Virginia K. Roberkson, Trustee)
personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is
subscribed to the within instrument and acknowledged that she executed the same.
WITNESSmy hand and official seal.
(Seal 1
-7 I I (Notary Public’s Sigr!ature)
023200 S-82” 25 PS Individual Notarial Acknowledgment
ORDER No. 1009723-2
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 OF LOTS "E" AND "I" OF RANCH0 AGUA HEDIONDA, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS
FOLLOWS:
BEGINNING AT CORNER NO. 2 OF SAID LOT "I"; THENCE ALONG THE NORTHERLY PROLONGATION OF THAT PORTION OF THE EASTERLY LINE OF SAID LOT "I" BETWEEN CORNER NOS. 1 AND 2 OF SAID LOT, NORTH 2O29'49" WEST (RECORD NORTH 3O WEST) 21.84 FEET TO AN INTERSECTION WITH THE CENTER LINE OF
COUNTY ROAD SURVEY NO. 682, AS THE SAME IS DESCRIBED IN EASEMENT DEED
TO THE COUNTY OF SAN DIEGO, DATED MAY 27, 1936 AND RECORDED IN BOOK
521, PAGE 230 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY, SAID
POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING OF THE
PROPERTY HEREIN DESCRIBED, SAID TRUE POINT OF BEGINNING BEING ALSO
THE SOUTHEASTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN QUIT
CLAIM DEED TO HORACE H. KELLY, RECORDED JANUARY 2, 1951 IN BOOK 3942,
PAGE 34 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID KELLY LAND AS FOLLOWS:
ALONG SAID CENTER LINE OF ROAD, NORTH 67OlO' WEST, 897.21 FEET, NORTH 64O35' WEST 701.35 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 1000.00 FEET AND NORTHWESTERLY ALONG THE
ARC OF SAID CURVE 29.00 FEET; THENCE LEAVING SAID CENTER LINE NORTH
74Oll' WEST, A CHORD DISTANCE OF 262.47 FEET TO A POINT ON THE ARC OF
SAID CURVE; THENCE WESTERLY AND NORTHWESTERLY ALONG SAID CENTER LINE OF ROAD SURVEY NO. 682 TO A POINT ON THE NORTHERLY BOUNDARY LINE OF
SAID LOT "I", SAID POINT BEING SOUTH 89O42'10" EAST 1358.67 FEET
(RECORD 1357.53 FEET) FROM THE NORTHWEST CORNER OF SAID LOT "I" KNOWN AS CORNER NO. 12 THEREOF; THENCE SOUTH 89O42'10" EAST ALONG THE NORTH LINE OF SAID LOTS "I" AND “E" TO THE SOUTHEAST CORNER OF LOT "J" OF
SAID RANCH0 AGUA HEDIONDA; THENCE SOUTHERLY IN A STRAIGHT LINE TO THE
TRUE POINT OF BEGINNING.
EXCEPTING FROM SAID LOT "E" THAT PORTION LYING WITHIN THE FOLLOWING DESCRIBED LAND:
PAGE 9
ORDER NO. 1009723-2
BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT "J", SAID POINT OF BEGINNING BEING A POINT ON THE NORTHERLY LINE OF SAID LOT "E"; THENCE SOUTH 89O22'33" EAST ALONG THE NORTHERLY LINE OF SAID LOT "E", A DISTANCE OF 2342.24 FEET; THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT "E", SOUTH 14O44'02" WEST 159.68 FEET; THENCE SOUTH 21O41'42"
WEST 190.34 FEET; THENCE SOUTH 13O46'12" WEST 781.82 FEET; THENCE
NORTH 89O22'33" WEST 3848.48 FEET TO POINT "X" OF THIS DESCRIPTION;
THENCE NORTH OO37'27" EAST 1093.81 FEET TO A POINT IN THE NORTHERLY
LINE OF SAID LOT IIE" . THENCE SOUTH 89O22'33" NORTHERLY LINE OF SAID 'LOT EAST ALONG SAID 11 E II , A DISTANCE OF 1791.41 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THAT PORTION LYING WITHIN ROAD SURVEY NO. 1800-l AS
DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED MARCH 12, 1970 AS FILE NO. 44687 OF OFFICIAL RECORDS.
ALSO EXCEPTING THAT PORTION LYING WESTERLY AND SOUTHWESTERLY OF THE WESTERLY AND SOUTHWESTERLY LINE OF SAID LOT E.
AND ALSO EXCEPTING THAT PORTION LYING NORTHERLY AND NORTHWESTERLY OF A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF CARLSBAD TRACT NO. 76-12, ACCORDING TO MAP THEREOF NO. 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 16, 1980; THENCE ALONG THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID MAP NO. 9935, NORTH 89O25'10" WEST 440.00 FEET, MORE OR LESS, TO THE CENTER LINE OF TAMARACK AVENUE AS SHOWN IN ENGINEERS DRAWING NO. U.Y. 1856 CONSISTING OF 8 SHEETS ON FILE IN THE OFFICE OF THE SAN DIEGO COUNTY, DEPARTMENT OF TRANSPORTATION; THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID CENTER LINE TO THE WESTERLY LINE OF SAID LOT E.
ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY AND NORTHERLY OF THE SOUTHEASTERLY AND SOUTHERLY LINES OF THAT PROPERTY DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION RECORDED FEBRUARY 11, 1982 AS FILE NO. 82-038531 OF OFFICIAL RECORDS.
PARCEL 2:
THAT PORTION OF LOT "I" OF RANCH0 AGUA HEDIONDA, IN 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 SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING NORTHEASTERLY OF THE NORTHEASTERLY BOUNDARY OF COUNTY ROAD SURVEY NO. 1800-l (KNOWN AS EL
CAMINO REAL), ACCORDING TO OFFICIAL PLAT THEREOF ON FILE IN THE
OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY.
EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF A LINE DESCRIBED AS FOLLOWS:
PAGE 10
1490 ORDER NO. 1009723-2
COMMENCING AT THE SOUTHEAST CORNER OF EL CAMINO MESA UNIT NO. 6, ACCORDING TO MAP THEREOF NO. 6988, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 15, 1971, BEING ALSO A POINT ON THE NORTHERLY LINE OF SAID LOT "I"; THENCE ALONG SAID NORTHERLY LINE SOUTH 89°50'OO" EAST 75.51 FEET TO THE NORTHEASTERLY CORNER OF THAT 75.00 FOOT WIDE EASEMENT DESCRIBED IN DEED TO THE SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED JUNE 1, 1953 IN BOOK 4874, PAGE 148 OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE EASTERLY AND NORTHEASTERLY BOUNDARY OF SAID EASEMENT AS FOLLOWS:
SOUTH 06O29'30" EAST (RECORD - SOUTH 06°30'06" EAST), 15.96 FEET AND
SOUTH 26OO7'24" EAST (RECORD - SOUTH 26OO8'06" EAST), 1942.31 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 23O34'23' WEST 253.94 FEET TO THE
BEGINNING OF A TANGENT 600.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 18°10'23', A DISTANCE OF 190.31 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 05°24'OO' WEST 113.03 FEET TO THE BEGINNING OF A TANGENT 600.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24OO3'05", A DISTANCE OF 251.87 FEET; THENCE TANGENT TO SAID CURVE SOUTH 29O27'05' WEST 141.18 FEET TO THE NORTHEASTERLY BOUNDARY OF SAID COUNTY ROAD SURVEY NO. 1800-l.
ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY AND NORTHWESTERLY OF THE SOUTHERLY AND SOUTHEASTERLY LINES OF THAT
PROPERTY DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION
RECORDED FEBRUARY 11, 1982 AS FILE NO. 82-038531 OF OFFICIAL RECORDS.
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