HomeMy WebLinkAboutGPA/LU 83-04; Daon Corporation; 83-220426; Public Facilities Fee Agreement/Release. . - j ir u - . 2 II
' RECORtiING REQUESTED BY AND
WiIEN RECORDED MAIL TO:
1
CITY OF CARLSRAD . . 1 1200 Elm Avenue
Carlsbad, California 92008
83-2204’26
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City of Carlsbad *
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AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this *3 day of May -. , 19 83
by and between DAoPU CORPORATION
(name of developer-owner)
a. Corporation , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address ‘is 1241 Elm Avenue
(street)
Carlsbad', CA 92008 and THE CITY OF
(City, state, zip code)
CARLSBAD, a municipal corporation of the State'of California,
hereinafter referred to as "City", whose.address is 1200
Carlshad, California; 92008.
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 proposes a development project as follows:
To amend the City of Carlsbad General Plan and the La Costa
Plan In Area SE 13 and SE 14 from'37 ac. REV 4-2-82 ac. of commercial and 14 of office to 17 ac. of comrtiercial and 34 ac. of-RMH for a net change of 34 ac.. . .
.on said Property, whit‘. development carries the pLJposed name of *
La Costa Master Plan area SE 13 and SE 1'4
and is hereafter referred to as "Development"; and *
WHEREAS, Developer filed on the 2-3 day of
19 8-3, with the City a request for Major Plaster Plan Amendment
and a General Plan Amendment GPA ILU 83 -y
hereinafter referred to as "Request"; 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 April 2, 1982, in 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.
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REV 4-2-82
NOW, THEREFORE, -\ consideration of the rer-.als and the. 4-J; 13
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 2% 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 o f existing building or structures
into condominiums in an amount not to exceed 2% 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 to City a public
facilities fee in the sum of $1,150 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.
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REV 4-2-82
‘. ’ - - m 14
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
1 sites for public facilities, the City shall consider, but is not
obligated to accept the offer. The time for donation and amount of
credit a-gainst 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. If the fee is not paid as provided herein, the Cit.y 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
A 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.
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DFO /a-3,83
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: 6. All obligations hereunder shall terminate in the event the
R.equests 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 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 may 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 the City, and references to Developer or City herein
shall be deemed to be 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 of 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 s-
REV 4-2-82
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
DAON CORPORATION
W.A. Colton.' III/Sr. V.P. Land
(T-iitle)
CITY OF CARLSBAD, a municipal corporation of the
State of California
BY
* ATTEST:
.
APPROVED As TO FORM:A
r :_ -
VINCENT F. BIONDO, JR., , City Attorney
A
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.)
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u STATE OF CALIFORNIA Is,. a- cj
17 COUNTY OF Orange I aI 2 On May 23, 1983 , before me, the undersigned, a Notary Public in and for
2 said State, personally appeared-e 1 K . Ryan -and .o G W.A. Colton, III
SF
, personally known to me (or proved to me on the
Hg basis of satisfactory evidence) to be the persons who executed the within instrument as V.P. Land XrX$i$&X and’ ’ ’ ’ * iiE - L-&GBIQ, on behalf of -0 =u .P DAON CORPORATION 3; ge the corporation therein named, and acknowledged to me tha Lzl
52 suchcorporation executed thewithin instrument pursuantto it$ L UARClAA.BROWN
I by-laws or a resolution of its board of directors.
6. ? WIThESS my hand and official seal. MycommasionExpiresoct l,l98!J
E 2 a (This area for official notarial seal)
Marcia A. Brown
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c. -‘
d-4 LEGAL DESCRIPTION 18 ATTACHED ORDER NO. 32609-l
A PARCEL of land being portions of Lots 4 and 5 of Ranch0 Las Encinitas per Map No. 848 on file in the Office of the County Recorder of San Diego County, and being portions of Section 6, Township 13 South, Range 3 West, San Bernardino Meridian, and Section 31, Township 12 South, Range 3 West, San Bernardino Meridian, all in the City of Carlsbad,' County of San Diego, State of California, -according to the Official Plats thereof.
Beginning at the most Southerly corner of Carlsbad Tract No. 72-20 as shown on Map No. 7950 on file in the Office of the county Recorder of San Diego County, said corner being a point on the arc of a non-tangent 1230.00 foot radius curve concave southeasterly, a radial to said point bears North 51°54'08" West, thence continuing along the Southeasterly boundary line of said Carlsbad Tract No. 72-20 the following courses: Northerly along the arc of said curve through a central angoe of 14O34'46" a dsitance of 312.99 feet, North 38O50'03" East 31.80 feet to the beginning of a tangent 1480.00 foot radius curve concave Southeasterly; thence, Northerly along the arc of said curve through a central angle of 7'19'57" a distance of 189.40 feet, thence North 46"lO'OO" East 1057.78 feet; thence, leaving said Southeasterly boundary line South 43°50'OO" East 1685.42 feet; thence, South.53'39'32" East 42.00 feet to a point on the arc of a non-tangent curve concave Northwesterly a radial line to said point bears South 53'39'32" East; thence, Southwesterly along the arc of said curve through acentral angle of 18'39'32" a distance of 325.66 feet; thence, South 55°00'OO" West 134.00 feet to a point on the centerline of La Costa Avenue as shown on Carlsbad Tract No. 75-9 (B), Map No. 9959 filed in the Office of the County Recorder of San Diego County: thence, continuing along said centerline the following courses: South 55°00'OO" West 267.00 feet to the beginning of a tangent 1000.00 foot radius curve concave Northerly; thence, Westerly through a central angle of 73°50'03" a distance of 1288.65 feet; thence, along the prolongation of said centerline North 51°09'57" West 783.75 feet to a point on the Northerly right of way of Ranch0 Santa Fe Road according to Road Survey 454-A as shown on said Carlsbad Tract No. 72-20; thence, Northeasterly along said Northerly right of way the following courses: North 36O49'24" East 34.67 feet to the beginning of a tangent 1230.00 foot radius curve concave Southeasterly, thence, Northerly along the arc of said curve through a central angle of 1'16'28' a distance of 27.36 feet to the point of beginning.
Excepting therefrom all that portion of Road Survey No. 454-66 granted to lthe County of San Diego per Document No. 21427 recorded February 16, 1967 O.R. described as follows:
(CONTINUED)
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L , 1 .
ORDER NO. 32609-l J.l 19
LEGAL DESCRIPTION CONTINUED
Beginning at the most Southerly corner of Carlsbad Tract No. 72-20 as shown
on Map No. 7950 on file in the Office of the County Recorder of San Diego County, said corner being a point on the arc of a non-tangent,1230.00 foot radius curve concave Southeasterly, a radial to said point bears North 51O54'08" West, thence continuing along the Southeasterly boundary line of said Carlsbad Tract No. 72-20 and the prolongation and extension thereof Northeasterly along the arc of said curve through a central angle of 38'01'32" a distance of 816.32 feet; thence, leaving said curve South 13'52'36" East 60.00 feet to a point on the arc of a non-tangent 1170.00 foot radius curve concave Southeasterly a radial line to said point bears North 13'52'36" West; thence, Southwesterly along the arc of said curve through a central angle of 39'18'00" a distance of 802.52 feet: thence tangent to said curve North 36'49'24" East 36.78 feet to a point on the centerline of La Costa Avenue as shown on Carlsbad Tract No. 75-9(B), Map No. 9959 filed in the Office of the County Recorder of San Diego County; thence continuing along said centerline and the prolongation thereof North 51°09'57" West 60.04 feet to a point on the Northerly right of way of Ranch0 Santa Fe Road according to Road Survey 454-A as shown on said Carlsbad Tract No. 72-20; thence, Northeasterly along the Northerly right of way the following courses: North 36'49'24" ,East 34.67 feet to the beginning of a tangent 1230.00 foot radius curve concave Southeasterly, thence Northerly along the arc of said curve through a central angle of 1'16'28" a distance of 27.36 feet to the POINT OF BEGINNING.
6-3-82 fre