HomeMy WebLinkAboutMS 695; Bieri-Avis I and Kelly and Rancho del Cerro; 85-111234; Public Facilities Fee Agreement/Releasef *. . ‘, * .-
RECORDING REQUESTED BY AND-' ) ‘537
t 'WHEN RECORDED MAIL TO: i * > CITY OF CARLSBAD > 1200 Elm Avenue -
:
f985 AP!l -2 AN 9: 54
Carlsbad, California 92008
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Space above this ,!rls use NOFEE
Documentary transfer tax: $ No fee
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Signature of declarant determining tax-firm name
City of Carlsbad I I J
Parcel No. / & DO -3Jp6, ,j. 487 ,
AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 7thday of March 9 l9&
by and between
Ranch0 de1 Cerro Joint Venture, Bieri-Avis I, Managing General Partner
(Name of Developer)
a Joint Venture , hereinafter referred (Corporation, partnership, etc.)
"Developer" whose address is
1uOfl Soruntn Vallpv R
San Diego, California 92121
(CltY 9 State, Zip Cede)
and All&n 0. Kelly and Katherine M. Kelly, et. al.
(Name of legal Owner)
a Exact vesting attached , hereinafter referred to as (Corporation, etc.)
"Owner" whose address is P. 0. Box 1065 (4675 El Camino Real)
(Street)
Carlshad, California 92038
(City, State, Zip Code)
AND
the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
REV 4-2-82 2 C-3&P
RECITALS ,I' - 538
.
WHEREAS, Owner is the owner of the real property described on
Exhibit "A", attached to and made a part of this agreement, and
hereinafter referred to as "Property"; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer has contracted with Owner to purchase the
Property and proposes a development project as follows:
750 Residential Dwelling Units
on said Property, which development carries the proposed name of
RANCH0 de1 CERRO
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 11th day of March s
19 85, with the City a request for Zone change from PSI-1000 to
PC, Tentative Subdivision Map for 750 Residential Dwelling Units, :
Master Plan.
hereinafter referred to as "Request"; and h-
, 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 incorporated by this reference); and
WHEREAS, Developer, Owner and City recognize the correctness of
Council Policy No. 17 dated April 2, 1982, 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
1 -2- A
REV 4-2-82
.
1, -,I’ 539
WHEREAS., Developer and Owner have 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 and Owner are aware that the City cannot and will not be
able to make any such findings without financial assistance to pay
for such services and facilities; and, therefore, Developer and
Owner propose 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 and Owner shall pay to the City a public
faciliti.es 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 and Owner shall pay a fee for conversion of 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
Carisbad Municipal Code. Condominium -*hail include community
apartment or stock cooperative. The terms “other construct ion
perlnits”, “other construction permit” and “entitlement for use” as
used in this agreement, except in reference to mobilehome sites or
-3- REV 4-2-82
-8” . 540
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 and Owner 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.
2. The Developer and Owner 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 and Owner
offers to donate a site or sites for public facilities, the City shall
consider,.but is not obligated to a,ccept 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-
REV 4-2-82
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 and Owner 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.
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
duly authorised representative of such. party. Any such notice shall
not be effective for any purpose whatsoever unless served in one of
, the following manners: I, :
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, encl.osed 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
th’ere.o’f’ 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.
-5-
REV 4-2-82
8. This agr.eement shall be binding upon and shall inure to the
benefit of, and shall apply to, the respective successors and assigns
of Developer, Owner and the City, and references to Developer, Owner
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.
At such time as Owner ceases to have any interest in the
Property, all obligations of Owner hereunder shall terminate;
provided, however, that if any successor to the owner’s interest in
the Property is a stranger to this agreement, such successor has first
assumed the obligations of owner in writing in a form acceptable to
. City.
9. This agreement shall be recorded but shall not create a lien
or security interest on the Property. When the obligations of this
agreement have been satisfied, City shall record a release.
-6-
REV 4-2-82
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Katherine M. Kelly Co-Trustee, Kelly Family Trust
Sk'. . *. A-\-is Cx.72ny, Lzc. -4 C2lFfornla * -7 cor~\~9,lu.*) -,-v-l ti=;:z*a- azr,:s
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City Clerk -A$ f L- 4iQzwq j :
APPROVED AS TO FO
City Attorney
CITY OF CARLSW, a municipal corporation of the State of California
(Sotarial acknowledgement of executiorr by DEVILOPEII
attached.) and OWNER must be
-i-
F.EV 4-Z-32
e’ - 544 SAFECO TITLE INSURANCE
STATE OF CALIFORNIA I
COUNTY OF
On this the ~2 eb. , - i , tl&jx&e me the undersigned, a
, personally known
to me or proved to me on the basis of s factory evidence to be the
person--whose nam e4s!2 S”bSC3ed to the within instrument h WFICIAL SEAL SUZEtlE Mv
NOtWwP~-$~ti~
SAFECO TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF ~~ San Diego I ss.
On this the 8th day of March 19 85 before me the undersigned, a
Notary Public in and for said County and State, personally appeared JJUCIA CAROLYN SIP=
I
, personally known
FOR NOTARY SEAL OR STAMP
to me or proved to me on the basis of satisfactory evidence to be the
to the within instrument
SuzetteCCau
TO 446 c
‘(Corporation as a Partner of a Partnership)
.~~ --
0 TI
STATE OF CALIFORNIA
.COUNTY OF San Diego
On March 14, 1985 , befqre me, the undersigned, a Notary Public in and for
said State, personally appeared Stephen A. Blerl , known to me to be the
w President im~----------------------.~-~~-~~~~~ -w-------- -- __-
&-w~mipnf The Stephen A. Bieri Co.
:
the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation. 1 said cornoration. heinr known to me to heXG6XMiW~XXX
ii BIERI-AVI‘S I --------~-) the partnership
that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnAship executed the same.
, the corporation that executed
a general partner
Name (Typed or Printed)
. VESTING OF PROPERTY I L # - 545
ALLXi O. ELLY AXEl KKRZXIPiE M. KELLY, Co-Trustees of the KELLY F&ZLY TRLTT
X0. 1, a revocable living trust, dated July 17, 1979 as to a portion of the
property herein described; and MLLIA. ALLA!? KELLY, a czrried mzn, as his sole
and separate property, as to un undivided l/2 interest, arxi LUCIA CAROLYE
SIPPEL, a mrried woman, as her sole and separate property, as to an undivided
l/2 interest, as tenants in cmzon, as to ths rmainder of the property herein
described.
TO 446 c
(Corporation as a Partner of a Partnership)
STATE OF CALTFORNIA
San Dieqo COUNTY OF
t
On Lm, before me, the undersigned, a Notary Public in and for
said State, personally appeared D - M. AS71 S , known to me to be the
w President, ~------v----m--- -------~hm-trmrEljrtliT------z-
+Jm~b Avis ComDanv, Inc. the within instrument and known tn me to be the persons who executed the within instmment on behalf of said corporation. s-id corporation. hein, * known to mr to hr one of the partners of BIEtiI-AVIS I . the partnership
that executed the within instrument. and acknowledged to me that such corporation executed the eamc as such partner and that such partwship executed the saml;
Name (Typed or Printed)
0 TI
-
. .
EXHIBIT "A"
LECAL DESCRIPTION
i,# -- 546
The land referred to herefn'is situated in the State of California, County of
San Diego, and is described as follous:
Those portions of Lots 'D" and 'E" of RANCH0 AGUA HEDIOhDA, in the City of
Carslbad, County of San Dlego, State of California, according to Map thereof
NO. 823, filed in the Office of the County Recorder of San Dfego County,
November 16, 1896, described as follows:
Beginning at PT 1 of said Lot “D” as shown on Record of Survey Map No. 7918,
filed in the Office of the County Recorder of San Diego County, October 10,
1974; thence along the Southerly line of said Lot "D", North 89"26'32" West,
1,543.43 feet to the most Easterly corner of said Lot "E"; thence alon;: a
portion of the boundary of said Lot "Em, North 89"26'32" West 2,831.42 feet to
the Southeasterly corner of land described in Parcel 2, in Deed to Western
Land and Development Company, recorded ?larch 2, 1971 as File No. 38810 of
Official Records; thence along the boundary of said Parcel 2 of land of
Western Land and Development Company as follows:
North 34'43'55" East, 664.30 feet (record - North 34"44'03" East 663.15 feet)
to an angle point therein; and North 15'54'30" West (record - North 15'54'25"
k'est) 630.45 feet to the Southeasterly tine of land described in Deed to
Oceanside-Carlsbad Union High School District, recorded November 27, 1970 as File No. 216959 of Official Records; thence along the boundary of said School
Disrrict's land as follows:
:;orth 53'22'00" East (record North 53'22'17" East) 870.00 feet to the most
Easterly corner of said tind; North 33*13'10" West (record - 33'11'15" West)
891.30 feet to the Northeasterly corner of said land; and South 84'20'35" West
(record - South 84"21'03" tiest) 1,060.12 feet'to the Northwesterly corner of
said land, being also a point in the boundary of land distributed to Allan 0.
Kelley, in fee simple absolute, in that certain Decree of Distribution under
Suerior Court Case No. 44573, recorded May 11, 1953 as File NC. 63919 in Book
4851, page 58 of Official Records; thence along the boundary of said land of
Allan 0. Kelley, as follows:
North O1°ll'lO" East (record North 03"03'10" East) 375.14 feet to angle point
therein; and North 18"19'25" West (record - North 19"25'30" West) 205.03 feet
to the most Westerly Southwest ccrner of land described in Parcel 1 in Deed to
Hugh W. Warden et al, recorded November 30, 1961 as File No. 206962 of
Official Records; thence along the boundary of said Parcel 1 of land of Warden, et al, as follows:
North 77"03'22" East (record North 76"49'26" East) 2,785.57 feet to an angle point therein; South lZ"57'02" East, 1,734.64 feet (record South 13"10'34"
East 1,735.OO feet) to an angle point therein; and North 89'55'50" East
(record North 89'52'25" East) 1,965.10 feet to the nost Easterly line of said Lot "D"; thence along said Easterly line South Or3"03'55" East 1,860.62 feet to
the Point of Beginning.
. ,I - 547
EXEPTINZ therefrom that portion cf said Lot “E” lYfR3 within the
circumference of that certain 80.00 foot radius circular Parcel of land first
dcscrijed in Deed to Carlsbad Municipal Water District, recorded January 4,
1953 as File No. 1851 of Official Records, and bei% are particularly s’nom-~
on said Record of Survey F!p No. 7918.
1 b/ep