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HomeMy WebLinkAboutMS 853; Sycamore Creek Co and Kato, Hiroshi and Ida; 1991-0090752; Public Facilities Fee Agreement/Releasec . . 1 1 . ’ f i S38 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 1 CITY OF CARLSBAD 1 1200 Carlsbad Village Drive 1 (Formerly Elm Avenue) 1 Carlsbad, California 92008 1 - - ,-*-- Sfifl iiIE@j CIU$Y REIXDER’~ ‘tti-l!rt ##jEjTE EVfiNS, CilijNTY IWSXiEF: RF: 13. (jij FEES: 25. g(j AF: 11.00 MF: 1. x! Space above this line for Recorder’s use Parcel No. 209-070-04, io9-070-05, 209-070-08 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE ‘. . . THIS AGREEMENT is entered into this l2 dayof December ) 1990 -byad between SYCAXORE CREEK CO. (Name of Developer) GENERAL PARTNERSHIP a , hereinafter referred to as “Developer” whose address is 6161 YARROW DR. STE. "A" CARLSBAD, CALIFORNIA 92008 (Street) (City, State, Zip Code) and HIROSHI KATO & IDA FLJMIKO KATO; TRUSTEE U/D/T DATED MARCH 30, 1983 (Name of Legal Owner) a TRUST (Individual, Corporation, etc.J250 suNNy CREEK ROAD “Owner” whose address is (Street) , hereinafter referred to as CARLSBAD, CALIFORNIA 92008 (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 Carlsbad Village Drive (Formerly Elm Avenue), Carlsbad, California, 92008. .// *I g.- 539 - i . 3 . 1_ REclTMs l WWREAS, Owner 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 has contracted with Owner to purchase the Property and proposes a devkopment project as follows: * PARCEL MAP on said proputy, which development carries the proposed name of KATO PARCEL MAP and is hereinafter referred to as ‘Developer”; and ~E~,~~O~med on the la- dayof DECEMBER , 1999 with the City a l . request for A 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 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 Ciws public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and sewices resulting from the proposed Development; and WHEREAS, Developer and Owner have asked the City to find that public facilities and services will be available to meet the hture needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able co make any such finding without financial assistance to pay for such services and facilities; and therefore Developer and Omer propose to help sat&Q the General Plan as implemented by Council Policy No. 17 by =VW90 2 ,.. . Y, a./.- : . . .I:. :*t:r?.-.-;‘i ,.c: ; .. i.. . . m- .p.. . I -..7rr,l--T- *. _ i . \ ‘:. . -?t- * I -. 540 -- payment of a public facilities fee. (’ - NOW THEREFORE, in consideration of the recitals and the covenants contained he&n, the parties agree as follows: 1. The Developer and Owner 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 basedIon the valuation at that&e. This fee shall be in addition to any fees, dedications or improvements squired 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 3.5% of the . building permit valuation at the time of conversion. The fee for a condominiuin conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of : i.1 the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms “other construction permits”, q other construction permit” and entitlement . . y., 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 and Owner 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 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 offer 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 . REV 8/90 3 C by City prior to the issuance of any building or other permits. Such determination, when made, c A 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 shah : I. .’ 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. S. 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 descriied. 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 shah 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. WW90 I 4 I .._. . . -.’ .r.::+y ..‘.Y .’ . ‘3 . . . . -,. .+;‘;:wi ; + ;‘~<~za,,*:~L.; C:.. ., . * :, ‘..‘i. -~.I.‘:‘.‘“_..“;:~~..?. I, .:;il. _ .‘,.“-~...-,‘.‘.” ‘-‘-. ;‘.i.,.. “’ .- ’ . .:. t-j 1.;:~:. ” 542 -’ 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, Owner and the City, and references to I Developer, Owner or 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 qeunder shah terminate; provided, however, that any successor of Developet’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 ob&ions 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 in the Property. When the obligations of this agreement have been satisfied, City shall record a release. REV 8/90 S i- .-._... . . *. __.....- __ A... . . . . . ._.., . . . - ,.- _ .- ’ 54.3 -’ EXHIBIT =A LEGAL DESCRIPTION LEGAL DESCRIPTXON The lana referred to hereia ie situated ia the State of California, County of Saa Diego, and ie deecribed a8 follows: . PARCEL 1 All that portion of Lot “B” of Ranch0 Ague Hedionde, in the County of Saa Diego, State of California, accordia# to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, deecribed aa followe: Beginning at a point 00 the most Northerly liae of eaid Lot “B”, said point being also the Southerly terminue of the boundary line common to.Lote “C” and “II” of said Map; thence aloq said mmt Northerly liae, South 89’53’ East, to a point distant thereon North 89’53’ Weet, 2308.68 feet from the Easterly terrnztnue of said Northerly line of Lot “B”, said point being also the True Point of Beginning of the herein deecribed parcel of laud; thence along eaid most Northerly line, South 89”53’ Eaet, 2308.68 feet to the Easterly terminus of eaid mo8 t Northerly line; thence Southerly along the cornnon boundary between said Lot 6 “B” ati “C”, South O”32’ East to the tntersection with a line parallel with and distant 1000 feet Southerly meaeured at right angles from said most Northerly line of Lot “8”; Lota “B” ana “C”, thence continuing Southerly along said line common to South 0’32’ Eaet a distance of 479.00 feet; thence Westerly, parallel with said most Northerly line, North 89'53' West a dletance of 1854.00 feet; thence Northerly, parallel with said Une ccmmn to Lots “B” and “C”, North O”32’ West a distance of 470.00 feet to said line distant 1000.00 feet Southerly at right angle8 from said most Northerly line of Lot “B”; thence along said parallel line, North 89°53t West, 454.68 feet; thence along a line parallel with the aforementioaed line common to mid Lots “B” and “C”, North 0’32’ West to the True Point of Beginning. EXCEPTING THEREFROM the Northerly 400 feet. PARCEL 2 The Northerly 400 feet of all that portion of Lot “8” or RANCH0 AMA HEDIONDA, in the County of San DiegO, State of California, according to Map thereof No. 823, filed ia the Office of the County Recorder of San Diego County, November lb, 1896, deecribed ao follows: Beginning at a point on the moat Northerly line of said Lot “B”, said point beiag also the Southerly terminus of the boundary line common to Lote “C” and “D” of said Map; thence along said moat Northerly line, South 89’53’ Eaet, to a poiot dietaat thereon North 89'53' West, 2308.68 feet from the Easterly terminus of oaid Northerly line of Lot “B”, said point being also the TRUE POINT OF BEGINNING of the herein deecribed parcel of land; thence along said most REV 8/90 7 EXHIBIT’ ‘A LEGAL DE!KIuPTION - Northerly line, South 89’53’ East, 2308.68 feet to the Easterly terminus of said mo6t Northerly Lfae; thence Southerly along the commoa boundety between said Lots “B” end “C”, South 0’32’ Eae’t to the intersection with a line parallel with and dietaat 1000 feet Southerly meaeured at right anglee from said moat Northerly line of Lot “B”; thence continuing Southerly along eaid line common to Lots “B” and I’ ,I c , South 0*32’ East a diet&ace of 470.00 feet; thence Westerly parallel with 8aid wet Northerly line, North 89’53’ West a distance of 1854.00 feet; thence Northerly parallel with said line common to Lots “B” and “C” North 0’32’ Weal: a distance of 470.00 feet to safd line distant,,115)00.00 feet Southerly at right a@ee from eaid most Northerly Use of Lot B ; thence along said parallel line North 89’53’ West, 454.68 feet; thence aloug a line parallel with the aforementioned line common to said Lots “B” and “C”, Notih 0’32’ Wat to the TRUE POINT OF BECINNXNC. PARCEL 3 An etiement and right of way for road purpoeee, to be used fa commou with others, over, under, along and acrase a ettlp of land 60 feet in width, lying within a parcel of lend described as follows: All that portion of Lot “B” of Rsacho Aqua Hedionda, in the Couaty of San Dlego, State of Californie, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, described as follows: Beginaing at the corner of Lote “C” and I‘D” on the Northerly boundary line of said Lot "B"; thence South 20’19’ West, 2273.70 feet; thence South 20°31~30” West, 553.20 feet; thence North 89*S7’ East, 996.45 feet; thence South 10’28’ West, 1429.85 feet; thence South 74’02’ East, 538.60 feet; thence South 46’53’ East 327.45 feet; thence South 66’01’ East, 121.50 feet; thence South 89’37’ East 173.35 feet; thence North 75’44’ East, 234.25 feet; thence North 1’36’ Eaet, 447.40 feet; thence North 51’04’ East, 1788.20 feet; thence North 54’24’ East, 326.40 feet to a corner of Lot8 “B” and “C”; thence along the boundary line betweea Lots “B” and “C” North 0’32’ West, 2655.20 feet to a corner of aaid Lot “B”; thence North 89’53’ Weet along the North line of said Lot 2666.0 feet to the place of beginning. EXCEPTING THEREFROM all that portioa thereof described as followe: Beginning at a point on the most Northerly Une of said Lot “B”, said point befog alao the Southerly terminus of the bouadary line comux~a to Lots “C” and "D" of said Map; thence along said wet Northerly line, South 89’53’ East to a point dlstaat thereon North 89’53’ West, 2308.68 feet from the Easterly terminus of eaia Northerly line of Lot “B”, said point being also the TRUE POINT OF BEGINNING of the herein described parcel of land; thence alotq eaid met Northerly line, South 89*53’ Eaet, 2308.68 feet to the Easterly terminuo of eaid moat Northerly line; thence Southerly along the common boundety between said Lots “B” and “C”, Sourh 0’32’ East to the intersection with a line parallel with and dietanr 1000 feet Southerly meaeured at right angles from said most Northerly line of Lot “B”; thence along eaid parallel line, North 89’53’ West, ~8190 B EXHIBIT ‘A 2308.68 feet; thence aloq a line parallel with the aforemeotioned line c~mnon to said Lot a “II” and “C” , North O”32’ Wwt to the TRUE POINT OF BEGINNING, EXCEPTXNC THEREFROM that portloa lying within Parcel 1 above. PARCEL 4 An easement and right of way for road purpo6e6, to be ueed in common with the grantors and othera over said etrip of land 60 feet wide, providing acmes to the land described in Parcel 1 above, from the County Road kaowa as El Camino Real and croseiag Parcels “B” and “C”, deecribed a8 followe: PARCEL “B” All that portion of Lot “B” of Ranch; Agua Hedioada, In the City of Carlabad, County of San Diego, State of California, according to Map thereof No, 823, filed ia the Office of the Recorder of said County, November 16, 1896, described as followa: Comencing at the corner of Lots “C” and “D” on the Northerly boundary line ef said Lot “B”; theuce South 20’19’ West, 2273.70 feet; theme South 20’31’30” West, 553.95 feet (553.20 feet - Record); thence North 89’57’ East, 996.45 feet; thence South lO”28’ West, 1841.50 feet; theacc North 82’57’16” Weet, 366.50 feet to the TRUE POINT OF BEGINNING; thence North 77”48’Oi” West, 256.25 feet; thence North 54’35’27” Weet, 408.50 feet; thence South 56’55’41” West, 160.58 feet; thence North 27’35’04” West, 201.51 feet to the Northeaaterry corner of Record of Survey Map No. 4223, Records of said County, eafd point being also on the Westerly line of certain 421.72 acre parcel of land ehown on Record of Survey hap No. 517, Records of eafd County; thence along said Wwterly line, South 2U031'30" West, 339.50 feet to the Northerly right of way line County Road A-13, 60 feet wide, as ehowu on said Record of Survey Map No. 517; thence along said right of way line, South 80’12’ East, 3.54 feet to an angle point ia said right of way J..lne; thence South 21’35’ East, 300.00 feet; thence leaving said right of way line, North 75’35’52” Es&t, 845.83 feet to the TRUE POINT OF BEGINNING. PARCEL “c” All that portion of Lot “B” or Rancho Agua Hedionda, in the City of Carlsbad, County of San Dfego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of said County, November A6, 1896, described ae follows: Commeocing at the corner of Lote said Lot "l3"; “C” and “D” on the Northerly boundary line of thence South 20’19’ West, 2273.70 feet; thence South 20°3i’30” West, 553.95 feet (553.20 feet - Record); to the Northwesterly corner of the land described in Deed to Palomar Vista, Ltd., recorded June 15, 1961 as File No. 103235 of Official Recorde, being the TRUE POINT OF BEGINNLNC; thence North 89”57* East, 996.45 feet; thence South 10’28’ Weet, 2396.50 feet; thence Nohh 85'22'52" Weet, 132.81 feet; thence North 12*40’58” West, 594.53 feet to the moet Eaatetly corner of Parcel “B” above; thence North 77°48t01Vf Wear, 256.25 fEV8/90 9 - . - - 1 ’ ~ ’ ’ . \ -546 EXHIBIT =A ! . LEGAL DESCRIPTION feet; thence North 54”35’27” Weet, 408.50 feet; thence South 5be5S141” Ueet, 160.58 feet; thence North 27’35’04” West, 207.51 feet to the Northeasterly corner of Record of Survey Map No. 4223, Recorde of eaid County, raid point hing aleo the Weeterly li,ne of that certain 421.72 acre parcel of land shown on Record of Survey Map No. 517, Record8 of aaid County; thence along eeid Weeterly line, North 20*31~30” Eaet, 409.07 feet; thence leaving eaid Westerly line, North 89”57’00” East, 324.00 feet; thence North 20’31’30” East, 672.23 feet; thence South 89”57’00” West, 324.00 feet to the Westerly batiindary of said 421.72 acre parcel of land; thence along eaid Weeterly boundary North 20*31’30” East, 390.00 feet to the TRUE FOZNT OF BEGXNNINC. REV 8/90 IO - . . - I , I i ., C. t. . . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of &e date first written above. OWNER: DEVELOPER: 3( t=lvdL3 7& . & SY(ZA"KPE CPEEK Co., A JOINT VENTWE P/WtERSHIP (Name) : I-IN/.vmL IN; ., a California 4kqcdtim ' Joint Venturer m . 0. n (Signature) “AJl-%rrW IA IVG’) - I , @J=e) l-l. D;;OWara (Signature) TI7lE:Pres i dent By: 1 . (Signature) TITLE: . ATTEST: CITY OF CARLSBAD, a municipal corporation of the State of California c c APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached;) .* (INOIVIDUAL) FOR NOTARY REAL OR STAMF STATE OF CALIFORNIA 548 COUNTY OF s n -3lI+J ss. J On-ilCi. a7 , 1450 before me. the under- signed, a Notary Public m and lor said County and State, personally appeared xjr344 r’. 4,-l-3 - , personally known to me (or proved to me on the basis 01 satisfactory evidence) to be the person whose name /5 subscribed to the within instrument and acknowledged that s executed Un same. WITNESS my hand and official seal. NP-1 (Rev 4/84) 02 _ Lba-23~~ Name (Typed or Printed) Acknowledgment by Corporation which is a General Partner for said County and State, personally appeared Known to me to be the -President, Sm: - w of the corporation that executed the within instru- ment and Known to me to be the persons who executed the within instrument on behalf of said corporation and acKnowledged to me that such corporation executed the within instrument pursuant to its By-Laws , a partnership, the partnership that Notary Public ii an; f&aid County and State I VFUAL SEAL ..mY LYNN RANDLE WW T-r-20