HomeMy WebLinkAboutGPA/LU 83-17; South Coast Asphalt Products Co; 83-418037; Public Facilities Fee Agreement/Release‘
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' RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO: r-;l: P;cC,Y:rr:r) fir-f
1 .'I -:t / ,, :-' ( ;] ,F : 1 i; r.q 1 ,.\ ,/, - " .,' , _: G t i, .,.&,I CITY OF CARLSBAD
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1200 Elm Avenue i::r:; iyy, 1 7 p; ;c: 07
Carlsbad, California 92008 > I ,,i *-'~ 't i . i-'I'!. 5 _ .I. ',,I: ..>_
Space-above this line fo~Rdcd'rder~k.,&se NO FEE
Documentary transfer tax: $ No fee
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Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel N0.167~040-11 167-040-21
_.
AGREE.MENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLTC FACILITIES FEE
THIS AGREEKENT is entered into this lUday of dbQE&f)cfl , 19x
by and between South Coast.Asphalt Products CC&
(name of developer-owner)
a California Corporation , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is p.o. Box .'- lb08 . (street)
Carlsbad, California 92008 and TJJE CITY OF
(City, state, zip code)
1 CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
WITNESSET'H: -
WHEREAS, Developer is the owner of the
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:
an Industrial/Commercial Park
REV 4-2-82
.- ,. 1191 - on said Property, whit,. develoiment carries the pi Jposed name of
Buena Vista Park
and is hereafter referred to as “Development”; I
WHEREAS, Developer filed on the 1 day
19 83 , with the City a request for a General
and
of Rovember
Plan Amendment
,
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 fiie 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 nee’ds 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.
REV h-2-82
. - 1192
I , NOW, THEREFORE, n consideration of the‘re< ;als 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 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
s%all,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 C?ty a public
facilities fee in the sum of $1,150 for each mobilehome space to be
constructed iursuant 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.
e
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C’ 1193 -
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 donat ion 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.
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.
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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6. All obligatic 2 hereunder shall termi’nat in the event the
Requests made by Developer are not approved.
7. Any notice from one par.ty 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 tc 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.
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IN WITNESS WHEREOF, this agreement is executed in *San Diego
County, California as of the date first writte'n above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the
State of California
South Coast Asphalt Products Co.
ATTEST:
ALETHA L. RAUTENI?RANZ, City Cler
APPROVED AS TO FO.RM:
VINCENT F. BIONDO, JR.,
City Attorney
.
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.) '
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REV 4-2-82
STATE OF CALIFORNIA,
COUNTY OF SAN DIES0 L ss. \
ON this 1st day af November ,19-i&#
bef?;, t; undersign: a Notary Public in and for said State, personally appeared a d . Branc b Jr - . an3 Don b. Hxkethler . nt and Vice President , known to me to be the
of theSauthsLAs&LiAsohaltProducts Co.
the Corporation that executed the within Instrument, known to me to be the persorswho
executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same.
WITNESS my hand and official seal.
ACKNOWLEDGMENT-Corporation-Wolcotts Form 2Z-Rev. 3-64
EXHIBIT A
Legal Description
The land referred to herein is situated in the State of Cali- fornia, County of San Diego, and is described as follows:
Parcel 1:
All that portion of Ranch0 Agua Hedionda, in the County of San
Diego, State of California, according to Patent Map thereof, re- corded in Book 1, Page 150 of Patents, filed in the Office of the County Recorder of San Diego County, described as follows:
Commencing at Corner No. 2 of said Ranch0 Agua Hedionda; thence,
South 30"30' West, along the westerly line thereof, 274.80 feet,
more or less, to the center line of the Relocation of County
Highway Commission Route 14, from Oceanside to Vista, according
to map thereof, filed in the Office of the County Surveyor of San
Diego County; thence, along said center line, as follows: South
74"48' East, 531.12 feet to the beginning of a curve to the left,
having a radius of 2000.00 feet; along said curve, through a cen-
tral angle of 6"38', a distance of 231.55 feet; South 83"31' East
(Deed, South 81'26' East), 2345.90 feet to the beginning of a
curve to the left, having a radius of 2000.00 feet; along said
curve, through a central angle of 12"19', a distance of 429.93
feet; North 84'10' East, (Deed, North 86'15' East), 145.34 feet
to the beginning of a curve to the left, having a radius of
400.00 feet; along said curve, through a central angle of 6'38',
a distance of 258.19 feet; North 47'11' East (Deed, North 49" 16'
East), 100.27 feet, more or less, to the intersection with the
westerly line of land described in deed to Rosa Marron, dated De-
cember 10, 1903, and recorded in Book 324, Page 114 of Deeds;
thence, along said westerly line, South 7'36'16" East, (Deed,
South 7"35' West), 1171.22 feet to the TRUE POINT OF BEGINNING;
thence, continuing South 7'36'16" East along said westerly line,
880.00 feet to the southwesterly corner thereof, being also the
southeasterly corner of land described in deed to Joe A. Marron,
dated April 18, 1918, and recorded in Book 754, Page 301 of
Deeds; thence, South 67" West, along the southerly line of said
land, 1709.40 feet to the most southerly corner thereof; thence,
North 59" West, along said southerly line, 900.09 feet to the
most southerly corner of land described in deed to Juan M. Marron
dated August 11, 1913, and recorded in Book 616, Page 414 of
Deeds; thence, North 16'07'10" East, 890.00 feet to an intersec-
tion with a line which bears South 83'37'09" West from the TRUE
POINT OF BEGINNING; thence, North 83'37'09' East, 1993.84 feet to
the TRUE POINT OF BEGINNING.
l ,- 1597
Parcel 2:
An easement for ingress and egress over all that portion of Ran-
cho Agua Hedionda, in the County of San Diego, State of Califor-
nia, according to Patent Map thereof, recorded in Book 1, Page
150 of Patents, filed in the Office of the County Recorder of San
Diego County, described as follows:
Commencing at Corner No. 2 of said Ranch0 Agua Hedionda; thence,
South 30'30' West, along the westerly line thereof, 274.80 feet,
more or less, to the center line of the Relocation of County
Highway Commission Route 14, from Oceanside to Vista, according
to map thereof, filed in the Office of the County Surveyor of San
Diego County; thence, along said center line, as follows: South
74'48' East, 531.12 feet to the beginning of a curve, to the left
having a radius of 2000.00 feet; along said curve, through a cen-
tral angle of 6"38', a distance of 231.55 feet; thence, South 83"
31' East (Deed, South 81'26' East), 2345.90 feet to the beginning
of a curve to the left, having a radius of 2000.00 feet; along
said curve, through a central angle of 12"19', a distance of
429.93 feet; North 84'10' East (Deed North 86"15' East), 145.34
feet to the beginning of a curve to the left, having a radius of
400.00 feet; along said curve, through a central angle of 6'38'
a distance of 258.19 feet; North 47'11' East (Deed North 49'16'
East), 100.27 feet, more or less, to the intersection with the
westerly line of land described in deed to Rosa Marron, dated De-
cember 10, 1903, and recorded in Book 324, Page 114 of Deeds;
thence, South 7"36'16" East (Deed, South 7'35' East), 58.98 feet
the intersection with the southerly line of
:;-196A
said Highway XI-
being the TRUE POINT OF BEGINNING; thence, continuing
South ;'36'16" East along said westerly
South 83'37'09"
line, 1112.24 feet;
thence, West, 60.00 feet; thence, North 7'36'16"
West, 1090.96 feet to the intersection with the southerly line of
said State Highway; thence, easterly along said southerly line to
the TRUE POINT OF BEGINNING.
Parcel 3:
That portion of Ranch0 Agua Hedionda, in the City of Carlsbad,
County of San Diego, State of California, according to Partition
Map No. 823, filed in the Office of the Recorder of San Diego
County, on November 16, 1896, described as follows:
Beginning at a point on the northerly line of said Ranch0 Agua
Hedionda, which is distant thereon, North 86'21' East, 5967.72
feet from Corner No. 2, A.H. as shown on said Map No. 823; thence
South 1'19'47" East, 2304.53 feet to the northeasterly corner of
Lot "J" of said Ranch0 Agua Hedionda as shown on Record of Survey
Map No. 630, filed in the Office of the County Recorder of San
Diego County, being marked "Point 2 - Point 6", on said Record of
Survey Map No. 630, said point also being the TRUE POINT OF
BEGINNING; thence, southwesterly along the northwesterly line of
2
said Lot "J", South 69'36'25" West, 2149.10 feet, (Record South
69"36'00" West, 2152.00 feet), more or less, to the southerly
prolongation of the westerly line of the land described in deed
to Rosa Marron, recorded May 1, 1903, in Book 324, Page 114 of
Deeds, records of San Diego County; thence, northerly along said
prolongation and said westerly line, North 5'23'20" West, (Re-
cord, North 7'35'00" West), 1906.40 feet to an intersection with
the southerly line of land described in a deed to the State of
California for freeway purposes, recorded November 13, 1964, File
No. 206558 of Official Records; thence, along said southerly
boundary, North 54"35'03" East, 61.20 feet (Record, North
54'12'28" East, 66.68 feet); North 62'19'49" East (Record, North
61'57'14" East), 781.78 feet; North 70'22'43" East (Record, North
70"00'08' East), 160.25 feet; North 53O37'35" East (Record, North
53"15'00" East), 60.91 feet; North 11'22'59" East (Record, North
11°00'24" East), 91.21 feet; North 69"05'01" East (Record, North
68'42'26" East), 625.00 feet; South 71OO1'22" East (Record, South
71'23'57" East), 97.79 feet; South 29'15'52" East (Record, South
29'38'27" East), 45.80 feet; North 89"44'27' East (Record, North
89'21'52" East), 97.35 feet; North 51'23'56' East (Record, North
51'01'21" East), 180.95 feet; North 79'55'20" East, 17.18 feet
(Record North 79'32'45' East, 17.12 feet); North 82'05'47" East
(Record, North 81'43'12' East), 32.23 feet; North 28'31'54' East
(Record, North 28"09'19' East), 25.12 feet; North 63'40'35' East
(Record, North 63"18'00" East), 67.81 feet and North 84"42'03"
East 126.8 feet (Record, North 84'19'28" East, 135.48 feet), to
the intersection with the easterly line of land conveyed to
Silvestre Marron by deed recorded on February 27, 1875, in Book
24, Page 394 of Deeds, said point of intersection being also, for
reference, along a radial line bearing South 18'13'52" East,
202.64 feet from Engineer's Station 196+96.37 P.O.C. of the
center line of the Department of Public Works 1951 Survey for
Road XI-SD-196-OCN-A; thence, South 1'19'47" East, 2063.50 feet
to the TRUE POINT OF BEGINNING.
Excepting therefrom that portion, if any, lying northerly of the
southerly line of land described in a Final Order of Condem-
nation, recorded April 29, 1954, File No. 56833 of Official
Records.
11/08/83
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