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Home My WebLink AboutMP 92-01; Carlsbad Partners Ltd; 1992-0793137; Public Facilities Fee Agreement/Release1629 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 Ci+j C/e/k I CITY OF CAIUSBAD > 1200 Carlsbad Village Drive > Car&bad, California 92008 1 o-1 # 1992-0783137 10--DEC-1992 03=17 Pm CFFICIAL RECORDS SEIN DIEGO COUNTY RECORDER'S DFFICE fNNETTE E;;N;; COUN;;E~EC@RDEE ;:I * go0 : 31. nn PIF: Loo Space above this line for Recordeis use ;rrrz ou-0CWeJ 08 Jy---yL &7/Y-SB fi+-/f Parcel No.g& - /..g-c2 &3& 37 AGREEMENT BETWEEN DEVELOPER-OWNER AND VE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 6 day of A/d d, 19 9 z by and between Carl,sbad Partners, Ltd. (Name of Developer-Owner) a piM)JER&Q , hereinafter refened to as “Developer” (Corporation, Partnership, etc.) whose address is 2364 Thanksgiving Tower, 1601 Elm Street, Dallas TX. 75201 (Street) (City, State, Zip Code) and the CITY OF CAIUSBAD, a municipal corporation’ of the State of California, hereinafter referred to as “Cityn, whose address is 1200 Carlsbad Village Drive Carlsbad, California, 92008. WITNESSETI-I: WHEREAS, Developer is the owner of the real property described on Exhibit “A”:, atiacheh hereto and made a part of this agreement, hereinafter referred to as “Property”; and WHEREAS, the Property lies witll the boundaries of City; and WHEREAS, Developer proposes a development project as follows: r e ta i ’ comme r c i a 1 and multi-family residential on said Property, which development carries the proposed name of Green Valley and Form Approved By City Council April 22, 1986 Reso. No. 9169 HP %w pf-l? I?35 -i-UP .m-olj >-I-- -4/T-09 WP -2fJ-E 2.5 is hereinafter referred as “Development”; and WHEREAS, Developer filed on the day of//ov@e& 19L-th the City a request A.3 for Master Plan, Master Tentative Map, Local Facilities Management Plan - Zone 23 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 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 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. NOW THEREFORE, in consideration of the recitals 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 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 peM.its for the development and shall be based on the valuation at that time. Form Approved By City Council April 22, 1986 Reso. No. 9169 2 This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18,20 or 21 of the C&bad Municipal Code. Developer 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 of use” as used in this agreement, except lit-t 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 of occupancy for which the development is intended. Developer shall pay the City a public facilities 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 Carlsbad Municipal Code. 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 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 . Form Approved By cicy-&.l”cil April 22,1986 Reso. No. 9169 , 1632 - development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other consmrction 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 service sufficient to accommodate the needs to the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Developers 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 .&en 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 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 shah ensure to the benefit of, and shall By City-tomi April 22, 1986 Reso. No. 9169 “ 4 b*’ .‘ . - 1633 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 shah terminate; provided, however, that any successor of Developer’s interest in the property shall have first assumed in writing the Developers obligations hereunder. 9. This agreement shall be recorded but shall not create a hen or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. Form Approvai By city Council April 22,1986 Reso. No. 9169 J*. ,_. .’ 1634 - IN kITNESS WHEREOF, this agreement is executed in San Diego County, California as of the datp first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California (name) By: TW WGQ-dGL% (‘l’itle) By: AlTEST: i5llzaL ALETHA L. RAUTEN APPROVED AS TO FORM: RONALD G. BALL Acting City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) Fom Approved By City Council April 22,1986 Reso. No. 9169 1635 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on November 10, 1992 by T. J. Curnes as the Development General Partner of Carlsbad Partners, Ltd. Notary Public, Sta@ of Texas 4 I b-94 My Commission Expires: ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on November 10, 1992 by John G. Rebensdorf as President of HP1 Management Company, General Partner of Carlsbad Partners, Ltd. CL Notary Public, StatFof Texas ~-lb-W My Commission Expires: otaw Puallc State of Texas ommtsslo~ Expres 4.16.94 - 1636 EXHIBIT ‘A- LEGAL DESCRIPnON THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF,SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 9 AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. TOGETHER WITH THAT PORTION OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, TOGETHER WITH A PORTION OF LOT 1 OF RANCH0 LAS ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1888, DESCRIBED AS A WHOLE AS FOLLOWS: COMMENCING AT THE NORTH QUARTER SECTION CORNER OF SAID SECTION ON THE TOWNSHIP LINE AND RUNNING WEST ON SAID LINE, 270.00 FEET TO A STAKE; THENCE SOUTH 6O45' EAST, 725.00 FEET TO A STAKE; THENCE SOUTH 66'15' WEST, 284.50 FEET TO A STAKE; THENCE SOUTH 20°15' EAST, 142.00 FEET TO A STAXE; THENCE SOUTH 32O15' EAST, 158.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 66O29'20" EAST, 91.00 FEET TO THE WESTERLY LINE OF ROAD SURVEY NO. 682, 60 FEET WIDE, KNOWN AS EL CAMINO REAL; THENCE IN A SOUTHERLY DIRECTION ALONG THE WESTERLY LINE OF SAID ROAD SURVEY NO. 682, TO AN INTERSECTION WITH THE SOUTHERLY LINE OF LOT 6 OF SAID SECTION -2; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT TO AN INTERSECTION WITH A LINE BEARING SOUTH 32O15' EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 32O15' WEST TO THE TRUE POINT OF BEGINNING. ALSO TOGETHER WITH LOT 4, THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, TOGETHER WITH LOT 3 AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO .UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED BY MAGDALENA BELLER TO FREDERICK PRINDLE BY DEED DATED MARCH 13, 1895, RECORDED IN BOOK 237, PAGE 335 OF DEEDS, DESCRIBED AS FOLLOWS: Form Apprond By City Council Apti 2% 1986 &so. No. 9169 7a . - . ’ EXHIBIT ‘A’ 1637 LEGALDESCRIPTION COMMENCING AT THE NORTH QUARTER SECTION CORNER OF SAID SECTION 2 ON THE TOWNSHIP LINE AND RUNNING WEST ON SAID LINE, 270 FEET TO A STAKE; THENCE SOUTH 6O45' EAST, 725 FEET TO A STAKE; THENCE SOUTH 66Ol5' WEST, 284+2 FEET TO A STARE; THENCE SOUTH 20°15' EAST, 142 FEET TO A STAKE; THENCE SOUTH 32O15' EAST, 986 FEET, MORE OR LESS, TO A STAKE INTERSECTION THE NORTH AND SOUTH QUARTER SECTION LINE OF SAID SECTION 2; THENCE NORTH ON SAID',QUARTER SECTION LINE, 1,795 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING. ALSO TOGETHER WITH THAT PORTION OF THE SOUTH HALF OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: BEGINNING AT THE CONCRETE MONUMENT DESIGNATED THE CENTER OF SAID SECTION 2; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH HALF, SOUTH 88O39'20" WEST, 1,259.25 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE ALONG THE WESTERLY LINE THEREOF, SOUTH 4O20'10" EAST, 914.20 FEET; THENCE PARALLEL WITH SAID NORTHERLY LINE, NORTH 88O39'20" EAST TO THE WESTERLY LINE OF THE LAND DESCRIBED IN PARCEL 67080-B IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED NOVEMBER 28, 1969 AS FILE NO. 217326 OF OFFICIAL RECORDS, BEING A POINT IN THE CENTER LINE OF ROAD SURVEY NO. 682; THENCE IN A NORTHERLY DIRECTION ALONG SAID WESTERLY LINE, TO AND ALONG THE WESTERLY LINE OF THE LAND DESCRIBED IN PARCEL 67080-A OF SAID DEED, TO THE NORTHERLY LINE OF SAID SOUTH HALF OF SECTION 2; THENCE ALONG SAID NORTHERLY LINE, SOUTH 88O39'20" WEST TO THE POINT OF BEGINNING. EXCEPTING THOSE PORTIONS LYING EASTERLY OF THE CENTER LINE OF COUNTY HIGHWAY KNOWN AS ROAD SURVEY NO. 682 AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED FEBRUARY 28, 1950 IN BOOK 3518, PAGE 221 OF OFFICIAL RECORDS. ALSO EXCEPTING ALL THAT PORTION LYING NORTHERLY OF THE CENTER LINE OF THAT CERTAIN 60 FOOT STRIP AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED NOVEMBER 15, 1966 AS FILE NO. 180730 OF OFFICIAL RECORDS, KNOWN AS ROAD SURVEY NO. 1796-66, ON FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAN DIEGO COUNTY. ALSO EXCEPTING THAT PORTION LYING WITHIN ROAD SURVEY NO. 1800-1, DESCRIBED IN DEED TO COUNTY OF SAN DIEGO, RECORDED FEBRUARY 16, 1970 . AS FILE NO. 27777 OF OFFICIAL RECORDS, BEING A STRIP OF LAND 90.00 FEET WIDE, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: Form Approved BycilycouncilApri122,1986 Rero. No. 9169 7b , I ’ 1638 EXHlBIT ‘A* LEGAL DESCRIPTION BEGINNING AT ENGINEER'S STATION 91 PLUS 44.13 ON THE CENTER LINE OF ROAD SURVEY NO. 458-66, ENCINITAS BOULEVARD, FORMERLY SAN MARCOS ROAD, BEING ALSO ENGINEER'S STATION 122 PLUS 91.60, FORMER ROAD SURVEY NO: 458, PLATS OF SAID SURVEYS BEING FILED IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY, AND BEING THE NORTHERLY TERMINUS OF THE CENTER LINE OF ROAD SURVEY NO. 1802, SAID ENGINEER'S STATION HAVING COORDINATES N EQUALS 321,386.98 AND E EQUALS 1,690,893.61 OF THE CALIFORNIA COORDINATE SYSTEM, GRID ZONE 6; THENCE ALONG BEARINGS AND DISTANCE BASED ON CALIFORNIA COORDINATE SYSTEM, ZONE 6, AS FOLLOWS: NORTH OO"06'44' EAST, 547.32 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 2,OOO.OO FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15O39'24", A DISTANCE OF 546.52 FEET; THENCE TANGENT TO SAID CURVE NORTH 15O32'40" WEST, 2,691.11 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 3,500.OO FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15O58'53', A DISTANCE OF 976.25 FEET; THENCE TANGENT TO SAID CURVE NORTH OO26'13" EAST, 1,014.57 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 4,OOO.OO FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 7O53'44", A DISTANCE OF 551.21 FEET; THENCE TANGENT TO SAID CURVE NORTH 8O19'57" EAST, 445.46 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 5,500.OO FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6O41'44", A DISTANCE OF 642.74 FEET; THENCE TANGENT TO SAID CURVE NORTH lO38'13' EAST, 603.21 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 9,OOO.OO FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF- 5O24,'29", A DISTANCE OF 849.47 FEET; THENCE TANGENT TO SAID CURVE NORTH 3O46'16" WEST, 1,061.58 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE.LEFT, HAVING A RADIUS OF 2,OOO.OO FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32O31'18', A DISTANCE OF 1,135.22 FEET; THENCE TANGENT TO SAID CURVE NORTH 36O17'34" WEST, 292.44 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 2,015.OO FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27O25'21', A DISTANCE OF 964.40 FEET. ALSO EXCEPTING THEREFROM THOSE PORTIONS THEREOF DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, ROAD SURVEY NO. 1800-1, RECORDED NOVEMBER 28, 1969 AS FILE NO. 217326 OF OFFICIAL RECORDS. ALSO EXCEPTING THAT PORTION OF SAID LOT 3 LYING EASTERLY OF THE EASTERLY LINE OF SAID ROAD SURVEY NO. 1800-l. . ALSO EXCEPTING THEREFROM THAT PORTION, IF ANY, LYING WITHIN RECORD OF SURVEY MAP NO. 10774, IN THE CITY' OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 30, 1986 AS FILE NO. 86-494180 OF OFFICIAL RECORDS. Fom Approved By City Council April 22,1986 Rao.No.9169 7c