HomeMy WebLinkAboutMS 810; Lusk Company; 89-474552; Public Facilities Fee Agreement/Release. RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO:
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CITY OF CARLSBAD $'fF!J$ f- i w F
1 1200 Elm Avenue
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Parcel No.d/q--/fD - /7t18
AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE
t% THIS AGREEMENT is entered into this 4 -- day of JdNC , 190 . . bqand between m
3.-D; Lusk Ccsrrrnany 5897 Oberlin Drive Suite 204, San Dieqo, California 92121
(Name of Developer-Owner)
a CWM/+t/DiJ
' hereinafter referred to as "Developer" (Corporation, Partnership, etc.)
whose address is -7 &&~r~d&'~~ pd/icp a~/ >&d/k YCI r
(Street) '(City,
P-q 2-/2'/
Stat'e,'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.
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:
REV 3-l-88
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Minor subdivision
I
on said Property, which development carries the proposed name of none
and is hereinafter referred as "Development"; and
+ WHEREAS, Developer filed on the 4 day of nJffe , 19@,
with the City a request for tentative parcel map
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 js
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.
REV 3-l-88 2
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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
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 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
in 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.
REV 3-l-88
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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 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 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 service sufficient to accommodate the needs
to the Development herein described.
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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 given 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 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 ensure to the benefit
of, and shall apply to the respective successors and assigns of Developer and
the City, and references to Developer City herein shall be deemed to be
references 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 written above.
DEVELOPER-OWNER:
THE LUSK COMPANY,
a California corporation
CITY OF CARLSBAD, a municipal corporation of the State of California
(name)
Peter J. VlCG-
Assistant Secretary
(Title)
ATTEST:
By: MARTIN ORENYAK\ For City Manager
APPROVED AS TO FORM:
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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REV 3-l-88
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CAT. NO. NN00737
TO 1945 CA (8-84)
(Corporation)
STATE OF CALIFORNIA
COUNTY OF Orange
g TICOR TITLE INSURANCE
On June 1, 1989 before me, the undersigned, a Notary Public in and for
said State, personally appeared Peter J . Mickael
personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
the within instrument as the Vice
President, and Marvin Co Steadman
personally known to me or
‘proved to me on the basis of satisfactory evidence to be
the p son .wh executed the within instrument as the gfssls?ant Secretary of the Corporation
that executed the within instrument and acknowledged
to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its
board of directors.
(This area for official notarial seal)
--.+BJ T.lCOR TITLE INSURANCE .-- . - - 0287 Exrc,Bj,e /
. THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
* COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF LOTS 2, 3 THE NORTH l/3 OF LOT 4 AND
THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 12
SOUTH, RANGE 4, WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF THE 200 FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD AND LYING EASTERLY OF THE EASTERLY LINE OF PARCEL 5-A AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION IN SUPERIOR COURT OF SAN DIEGO COUNTY, CASE NO. 165983, A COPY OF WHICH BEING RECORDED APRIL 23, 1952, AS DOCUMENT NO. 50269 IN BOOK 4444, PAGE 395 OF
OFFICIAL RECORDS, SAID EASTERLY LINE BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID FRACTIONAL SECTION 29, DISTANT THEREON NORTH 89’49’10” WEST 325.97 FEET FROM THE CORNER
COMMON TO SECTIONS 28, 29, 32 AND 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN, SAID POINT ALSO BEING DISTANT ALONG SAID
SOUTH LINE SOUTH 89’49’10” EAST 88.23 FEET FROM ENGINEERS STATION 196 PLUS 46.33 ON THE CENTER LINE OF THE DEPARTMENT OF PUBLIC WORKS SURVEY MADE IN 1947 BETWEEN HALF MILE SOUTH OF SAN MARCOS CREEK AND 2.2 MILES SOUTH OF CARLSBAD, ROAD XI-SD-2-B; THENCE ALONG A LINE PARALLEL WITH AND DISTANT 80.00 FEET EASTERLY AT RIGHT ANGLES FROM THE CENTER LINE OF SAID SURVEY NORTH 24’45’30” WEST 72.54 FEET; THENCE ALONG A TANGENT
CURVE TO THE RIGHT WITH A RADIUS OF 6,120 FEET THROUGH AN ANGLE OF
4’55’30” A DISTANCE OF 526.06 FEET; THENCE NORTH 19’50’ WEST 3628.47
FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF
19,846 FEET THROUGH AN ANGLE OF 0’22’46” A DISTANCE OF 131.43 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 2, DISTANT ALONG SAID NORTH LINE SOUTH 89’55’53” WEST 466.01 FEET FROM THE NORTHEAST CORNER OF SAID LOT 2, SAID POINT ALSO BEING DISTANT ALONG SAID NORTH LINE OF LOT 2 NORTH 89’55’53” EAST 84.78 FEET FROM ENGINEER’S STATION 240 PLUS 28.54 ON THE CENTER LINE OF SAID SURVEY.
EXCEPTING THEREFROM SAID LOT 3, THAT PORTION CONVEYED TO THE COUNTY OF
SAN DIEGO, IN PARCEL 2 OF DIRECTORS DEED RECORDED DECEMBER 22, 1966,
FILE NO. 198819 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHERLY TERMINUS OF COURSE #5 OF PARCEL ONE OF
THAT CERTAIN DIRECTORS DEED CONVEYED TO THE COUNTY OF SAN DIEGO AND
RECORDED ON’DECEMBER 22, 1966 AS FILE/PAGE NO. 198819 SAID COURSE NO.
5 HAVING A BEARING AND DISTANCE OF NORTH 13”05’20” WEST, 20.00 FEET; THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID COURSE SOUTH 13”46’30” EAST 28.75 FEET TO A LINE HAVING A BEARING OF SOUTH 76’16’30” WEST, SAID LINE BEING SOUTH 13’46’30” EAST 28.75 FEET FROM THE NORTHERLY LINE OF POINSETTIA LANE MEASURED ALONG THE SOUTHERLY PROLONGATION OF SAID COURSE NO. 5; THENCE SOUTH 76’16’30’ WEST 1155.57 FEET TO THE
INTERSECTION WITH THE WESTERLY RIGHT OF WAY OF THE ATCHISON, TOPEKA
AND SANTA FE RAILROAD COMPANY, SAID POINT OF INTERSECTION BEING THE
TRUE POINT OF BEGINNING AND BEING DISTANT SOUTH 21’08’51” EAST 27.97
FEET FROM THE NORTHERLY LINE OF POINSETTIA LAND AS MEASURED ALONG THE
WESTERLY RIGHT OF WAY OF SAID RAILROAD COMPANY; THENCE ALONG SAID
LMENDED 1172756 :
-+EJ TICOR TITLE INSURANCE Y _- -.o28c EXXti~f- v97
,. WESTERLY’RIGHT OF WAY LINE NORTH 21”08’51” WEST 51.43 FEET TO A LINE
PARALLEL WITH AND DISTANT NORTHERLY 51.00 FEET MEASURED AT RIGHT
.‘ANGLES TO THE ABOVE MENTIONED LINE HAVING A BEARING AND DISTANCE OF
SOUTH 76’16’30” WEST 1155.57 FEET; THENCE ALONG SAID PARALLEL LINE
SOUTH 76”16’30” WEST 495.77 FEET TO THE INTERSECTION WITH THE
EASTERLY RIGHT OF WAY LINE OF THE STATE HIGHWAY AS DESCRIBED IN PARCEL 5A OF FINAL ORDER OF CONDEMNATION IN SUPERIOR COURT OF SAN DIEGO COUNTY CASE # 165983 FILED IN THE OFFICE OF THE COUNTY CLERK OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE SOUTH 19”50’19” EAST 51.29 FEET; THENCE NORTH 76’16’30” EAST 496.95 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED TO THE PUBLIC USE
AS DESCRIBED IN THE AFOREMENTIONED DIRECTORS DEED RECORDED DECEMBER 22, 1966 AS FILE/PAGE NO. 198819.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHERLY TERMINUS OF COURSE #5 OF PARCEL ONE OF THAT CERTAIN DIRECTORS DEED CONVEYED TO THE COUNTY OF SAN DIEGO AND RECORDED ON DECEMBER 22, 1966 AS FILE/PAGE NO. 198819 SAID COURSE NO. 5 HAVING A BEARING AND DISTANCE OF NORTH 13’05’20” WEST, 20.00 FEET; THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID COURSE SOUTH 13’46’30” EAST 28.75 FEET TO A LINE HAVING A BEARING OF SOUTH 76’16’30” WEST,
SAID LINE BEING SOUTH 13’46’30” EAST 28.75 FEET FROM THE NORTHERLY
LINE OF POINSETTIA LANE MEASURED ALONG THE SOUTHERLY PROLONGATION OF SAID COURSE NO. 5; THENCE SOUTH 76’16’30” WEST 1155.57 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, SAID POINT OF INTERSECTION BEING THE
TRUE POINT OF BEGINNING AND BEING DISTANT SOUTH 21’08’51” EAST 27.97
FEET FROM THE NORTHERLY LINE OF POINSETTIA LANE AS MEASURED ALONG THE
WESTERLY RIGHT OF WAY OF SAID RAILROAD COMPANY; THENC.E ALONG SAID
WESTERLY RIGHT OF WAY LINE SOUTH 21”08’51” EAST 51.43 FEET TO A LINE
PARALLEL WITH AND DISTANT SOUTHERLY 51.00 FEET MEASURED AT RIGHT
ANGLES TO THE ABOVE MENTIONED LINE HAVING A BEARING AND DISTANCE OF SOUTH 76’16’30” WEST 1155.57 FEET; THENCE ALONG SAID PARALLEL LINE SOUTH 76’16’30” WEST 498.13 FEET TO THE INTERSECTION WITH THE
EASTERLY RIGHT OF WAY LINE OF THE STATE HIGHWAY AS DESCRIBED IN
PARCEL 5A OF FINAL ORDER OF CONDEMNATION IN SUPERIOR COURT OF SAN
DIEGO COUNTY CASE # 165983 FILED IN THE OFFICE OF THE COUNTY CLERK OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE NORTH 19°50’19” WEST 51.29 FEET; THENCE NORTH 76’16’30” EAST 496.95 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED TO THE PUBLIC
USE AS DESCRIBED IN THE AFOREMENTIONED DIRECTORS DEED RECORDED
DECEMBER 22, 1966 AS FILE/PAGE NO. 198819.
ALSO EXCEPTING THEREFROM ALL OIL AND MINERAL RIGHTS BELOW 500 FEET
WITHOUT RIGHT OF SURFACE ENTRY AS RESERVED BY A. L. SHIPLEY, JR.,
CONSERVATOR OF THE ESTATE OF GEORGE H. CAPRON IN DEED RECORDED
JUNE 30, 1969, FILE/PAGE NO. 116905.
iMENDED 1172756