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HomeMy WebLinkAboutGPA/LU 86-02; Rancho Carrillo Associates; 88-043657; Public Facilities Fee Agreement/Release4 ~ . . . . -.. . . . l < RECORDING REQUESTED BY AND pwo 4 WHEN RECORDED MAIL TO: ; -’ 4!B’643f35-T r--- ,:;E(‘?f’,““- ,&,--” 1 Ok:/. i!:,‘?yi,.‘;:~~~:~:;::, : ,... 1 UT >.‘.!, .:,_ “z-j [p’~,, i J / CITY OF CARLSBAD 1200 Elm Avenue 19G5 f[E - 3 &f 10: 1 G Carlsbad, California 92008 ) .7- Y Space above this line . . Documentary Signature 0 tax-firm name City of !s arlsbadd 15-030-09, 215-031-04, 221-010-18, Parcel Noy?21-012-08, 222-010-02~222-011-06'1 - - and 777 017 fl7 AGREEMENT BETWEEN DEVELOPER-OWNER - - AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 14th day of January , 1986 . . . by and between Ran&o carrlllo ~ssp(llilt~~ * l . (name of developer-owner) a Califcwnia Limited Partners&o , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 156 Diablo Road, Suite 300, Danville, California (street) 94526 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 Carlsbad, 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: Development of 1580 dwelling units in the Ranch0 Carrillo Master Plan REV 4-2-82 .., . -4 ‘ J’2;%Q 5 - I q on <said‘Property, which development carries the proposed name of Ranch0 Carrillo and is hereafter referred to as “Development”; and WHEREAS, Developer filed on the 14th day 1986, =I-- F with the City a request for General Plan of January , Amendment and Master 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 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. -2- REV 4-2-82 4 . . . Ilow, THEREFORE, Ln consideration of the recitals and the *a 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-stractures 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 L :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. -3- REV 4-2-82 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 pub==ic 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. 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. -4- n m .r I.-.--Or) _ - 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 .-- t 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. -5- REV 4-2-82 . 1. , :3Jql g . IN WITNESS WBEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER? CITY OF CARLSBAD, a municipal corporation of the State of California . . . Ranch0 Carrillo Assodates a C.&form ited Partnership BY City Manager BY (Title) * l . ATTEST: , bINCENT F. BIONDO, JR., City Attorney Y I (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-2-82 - J STATE OF CALIFORNIA 10 COUNTY OF COUNTY OF SAN DIEGO >" "' 14th On this January 86 day of , in the year 19-, before me, the undersigned, a Notary Public in and for said State, personally appeared David Resnick personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Partnership named therein, and acknow- ledged to me that the Partnership executed it. WITNESS my hand and official seal. I tisdeM ceuu-k ACKNOWLEDGMENT-General or Limiled FwInwship-Wokdls Form 236CA-RR, 5-82 Notary Public in and for said State. . LEGAL DESCRIPTION ORDER NO. 895228-20 _ 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 Sections 18 and 19, Township 12 South, Range 3 West, San Bernardino Base and Meridian, according to the Official Plat thereof, in the city of Car&bad, County of San Diego, State of California, being more particularly described as follows: Beginning at a 2 inch iron pipe with a Disc Marked "RCE 9416", accepted as the Northwesterly corner of LA COSTA MEADOWS UNIT NO. 3, according to said Map No. 7076; thence North 0'52'06" East along the West line of said Section 19, a distance of 1337.52 feet; thence North 0'03'46" West a distance of 565.88 feet to a point in the arc of a nontangent 2000.00 foot radius curve concave Northerly, a radial line to said point bears South 8'39'55" East; thence leaving said Westerly line of Section 19, Easterly along the arc of said curve thru a central angle of 16"29'25" a distance of 575.62 feet; thence North 64'50'40" East 1165.58 feet to the beginning of a tangent 2000.00 foot radius curve concave Southerly; thence Easterly along the arc .of said curve thru a central angle of 21"OO'OO" a distance of 733.04 feet; thence North 85"50'40" East 92.05 feet; thence North 4a09'20" West 688.38 feet; thence North 85"50'40" East a distance of 749.94 feet to the East line of the Northwest Quarter of said Section 19; thence North 0'20'46" East along said East line a distance of 498.91 feet to the Southeast corner of the Southwest Quarter of said Section 18; thence North 0'42'37" West along the East line of said Southwest Quarter a distance of 291.42 feet; thence leaving said East line North 16"13'00" West a distance of 1640.18 feet to the centerline of Road Survey No. 757, Palomar Airport Road; thence North 68'33'29" East along said centerline a distance of 802.54 feet to the beginning of a tangent 6000.00 foot radius curve concave Southerly; thence Easterly along the arc of said curve thru a central angle of 5'39'05" a distance of 591.81 feet; thence North 74'12'34" East a distance of 454.40 feet to the beginning of a tangent 3000.00 foot radius curve concave Southerly; thence Easterly along the arc of said curve thru a central angle of 0'52'58" a distance of 46.22 feet to the East line of the West Half of the Southeast Quarter of said Section 18; thence South ,0'39'40" West along said East line a distance of 2492.52 feet to the Northeast corner of the West calf of the Northeast Quarter ' of said Section 19; thence South OOO8'36" West along the East line of said West Half of the Northeast Quarter a distance of 2670.01 feet to a 2 inch iron pipe Marked ACP 1927 accepted as the Southeast corner of the Westerly Half of the Northeast Quarter of Section 19; thence North 89'45'16" West along the South line of said West Half of the Northeast Quarter a distance of 1308.48 feet to the North-South centerline of Section 19; thence South 0'20'46" West along said North-South centerline a distance of 1336.03 feet to the Southeast corner of the Northeast Quarter of the Southwest Quarter of said Section 19; thence North 89'46'50" West along the South line of the Northeast Quarter of the Southwest Quarter to and along the North boundary of said LA COSTA MEADOWS UNIT NO. 3, Map No. 7076, a distance of 3097.45 feet to the Point of Beginning, excepting therefrom that portion granted to the City of Carlsbad by Deed recorded February 24, 1977 as File No. 77-068081 of Official Records. 4 LEGAL DESCRIPTION ORDER NO. 895228-20 _ 1 _ , *. . . . TJ;*;, 1,- PARCEL 2: The Northwest Quarter of the Southeast Quarter of Section 19, Township 12 South, Range 3 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey thereof. PARCEL 3: All that portion of the Southeast Quarter of Section 24, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, lying Northerly, Northwesterly and Northeasterly of a line described as follow:: Beginning at the Southeast corner of said Southeast Quarter of Section 24; thence North 89'37'47" West along the South line of said Southeast Quarter a distance of 2635.50 feet to the Southwest corner of said Southeast Quarter; thence North 0'42'05" East along the West line of said Southeast Quarter a distance of 2277.33 feet to the TRUE POINT OF BEGINNING of the herein described line; thence leaving said West line South 89'17'44" East a distance of 480.00 feet to the beginning of a tangent 750.00 foot radius curve, concave Southwesterly; thence Southeasterly along the arc of said curve through a central angle of 57O17'44" a distance of 750.00 feet; thence South 32"OO'OO" East a distance of 425.00 feet to the beginning of a tangent 700.00 foot radius curve, concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 19"20'00" a distance of 236.20 feet; thence South 51"20'00" East a distance of 440.25 feet to the beginning of a tangent 150.00 foot radius curve, concave Northerly; thence Easterly along the arc of said curve through a central angle of 82°18fOO" a distance of 215.46 feet; thence North 46"20'00" East a distance of 82.83 feet to the beginning of a non-tangent 900.00 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 29"32'00" a distance of 463.91 feet; thence South 73"10'00" East a distance of 120.00 feet to the beginning of a tangent 900.00 foot radius curve, concave Northerly said curve being the prolongation of a 900.00 foot centerline radius of El Fuerte Drive as shown on Map No. 7076, LA COSTA MEADOWS UNIT NO. 3; thence Easterly along the arc of said 900.00 foot radius curve through a central angle of 1'44'50" a distance of 27.45 feet to a point in the boundary of said Map No. 7076, said boundary being also the East line of the aforementioned Southeast Quarte? of Section 24.