HomeMy WebLinkAboutGPA/LU 86-02; Rancho Carrillo Associates; 88-043657; Public Facilities Fee Agreement/Release4
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CITY OF CARLSBAD
1200 Elm Avenue 19G5 f[E - 3 &f 10: 1 G
Carlsbad, California 92008 )
.7- Y Space above this line
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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
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- 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.
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. . . Ilow, THEREFORE, Ln consideration of the recitals and the
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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
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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.
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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
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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
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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 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
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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.
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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)
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ATTEST:
, bINCENT F. BIONDO, JR.,
City Attorney
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(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.)
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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 _
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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.