HomeMy WebLinkAboutMS 853; Sycamore Creek Co and Kato, Hiroshi and Ida; 1991-0090752; Public Facilities Fee Agreement/Releasec . . 1 1
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RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1
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CITY OF CARLSBAD 1
1200 Carlsbad Village Drive 1 (Formerly Elm Avenue) 1 Carlsbad, California 92008 1
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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
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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.
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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
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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 :
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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
.
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by City prior to the issuance of any building or other permits. Such determination, when made,
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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.
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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.
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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
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EXHIBIT’ ‘A
LEGAL DE!KIuPTION
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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
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EXHIBIT =A
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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.
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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’) -
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@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
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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
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