HomeMy WebLinkAboutSDP 90-04; Mobil Oil Corporation; 1991-0372166; Public Facilities Fee Agreement/ReleaseI 4. a’.+, : A :’ . ,
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Parcel No. aew
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into lis II day of March , -*
19 91 by and between MOBIL OIL CORPORATION (Name of Developer) ‘.
a Corporation , hereinafter referred to as
(Corporation, partnership, etc. I Alternate8 3142 Vista Way
“Developer” whose address is 18634 Lancashire Way Suite 400
(Street)
San Di&e;o, CA 92128 A1t.t Oceanside, CA 92056-3608 (City, State, Zip Code)
. and _Rav and Barbara Winter Trust. Barbara inter and Rav W. Winter (Name Trustees' Trust a , hereinafter referred to as
(Individual, Corporation, etc. )
“Ownerif whose address is 1745 Rocky Road
(Street)
Fullerton, CA 92631
+ (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 7-28-87
RECITALS
WHEREAS, Owner is the owner of the real property described on
Exhibit “A”; attached to and made a part of this agreement, hereinafter
referred to as “Property”; and
‘WHEREAS, The Property lies within the boundaries of City; and
WHEREAS, *is leasing
Developer* ~XX~X~~~X~~X~~~X~~X~~~~ the
Property and proposes a development project as follows: the construction -. of a gas station and car wash facility
on said Property, which development carries the proposed name of Mnhi 1 flfl
Service Station 18-FYJ - CUP 9O-Z/SDP 90-4
and is hereinafter referred to as “Development”; and
WHEREAS, Developer filed on the 7th day of February #
1990 , with the City a request for Conditional Use Permit and Site * Development Plan Approval
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
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REV 7-28-87
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I . I , ~
~ . WHEREAS, Developer and Owner have asked the City to find that
. public facilities and services will bc 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 convenants
contained herein, 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 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 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
for useit 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 or occupancy for which the development is intended.
REV 7-28-87
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3.36 -
, 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 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.
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REV 7-28-87
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7~ ‘,
. ..< ,, . 137 -
, - 5.
I . 1 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 D&eloper 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 for 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 shall ensure 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 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.
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REV 7-28-87
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) .
. , . I * At such time as Owner ceases to have any interest in the Property,
b 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 in the Property. When the obligations of this agreement have
been satisfied, City shall record a release.
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER:
Ray W. Winter
(Name)
nnk’r-~u, F-@--v
(Signature)
f (Name)
. (Signature)
1 ATTEST:
t
0 ALETHA L. RAUTkNKRANZ, City Cle\k
APPROVED AS TO FORM:
,
City AttornBy
BY R.A. DOBIES , .
TITLE ASSISTANT CObTROLLER
-3.A. BICKART
T I T LE Assk3~11 r SECRETARY
CITY OF CARLSBAD, a municipal
corporation of the State omifornia ,
MARTlN OREl%Q+$K
For City Manage\
.,* (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached. 1
. I’
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REV 7-28-87
139 -
THE STATE OF VIRGINIA)
COWY OF FAIRFAX i
BEFORE ME,
'on this m day
A-q, to be the person and known to ma
mspcctivcly, of
the undersigned authority in and for Fairfax County, Virginia, ’ of
v and J*A* BIT
$;91 personally appeared
g known to me s whose name(s) are subscribed to the foregoing ins r to be theASSISTANT CONTROLER and A~~~SI'HIlr SECREIA#Pnt MOBIL OIL CORP~ION, a New York corporation, and ac&now]@dgec
inStrtm!nt for the purposes and Consideration and deed of said corporation.
to me that they executed the said therein expressed, and as the act
of office this 8th day of MAY 1991 GXYEN under my hand and seai
Ily Cotmission Expires:
-
WALTER WOJCIK Commission Expires Sept. 30, 1994
Notary Publi. Commonwealth of Vlrglnla
1
STATE OF CALIFORNIA ) ss.
COUNTY OF ORANGE 1
On MARCH 8, 1991 , before me, the undersigned, a Notary Public in and for
* said State, personally appeared ***RAY W. WINTER AND BARBARA WINTER***
-(or proved to me on the basis of
satisfactory evidence) to be the person(* whose name&)
&/are subscribed to the within instrument and acknowledged
’ to me that k&&they executed the same.
WITNESS my hand and official seal.
Signature L- (This area for official notarial seat)
SF-4234 (REV A. 7182) (CA) (INDIVID’JAL)
. . .’ 146
. . At a Meeting of the Board of Directors of MOBIL OIL
CORPORATION held at 150 East 42nd Street, New York, N. Y., on the
25th day of June, 1987, at which meeting a quorum was present and
assented to its passage, the following Resolution was adopted:
RESOLVED, that effective July 1, 1987, the Treasurer, the Controller, the Senior Assistant Controller, the Assistant Treasurers, the Assistant Controllers, and each of them, be and they hereby are authorized to execute, acknowledge and deliver any and all instruments in the name and on behalf of this Corporation, including, without limiting the generality of the foregoing, deeds conveying real estate, with the same force and effect as if specific authority were granted by this Board in each particular instance; and the Secretary or a Senior Assistant Secretary or an Assistant Secretary is hereby authorized to attest the execution of such instruments and to affix the Corporate Seal thereto.
I, J. A. BICKART, Assistant Secretary of MOBIL OIL CORPORATION,
do hereby certify that the foregoing Resolution is a true copy
from the records of the said MOBIL OIL CORPORATION, and that said
Resolution is now in full force and effect.
IN TESTIMONY WHEREOF', I have hereunto signed my name and
affixed the Corporate Seal this 8th day MAY 199&
cz?l2-‘&-7
Assistant Secretary
WC P/A 1880
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LEGAL DESCRIPTION
EXHIBIT "A"
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THAT.PORTION OF LOT "H" OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD,. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF RANCH0 AGUA
HEDIONDA WITH THE EASTERLY LINE OF THE RIGHT OF WAY OF THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY: THENCE EASTERLY ALONG SAID SOUTHERLY LINE, 292.56 FEET; THENCE NORTHERLY AT RIGHT ANGLES 1558.90 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED TO CARLSBAD INDUSTRIAL DEVELOPMENT BY DEED RECORDED DECEMBER 4, 1956 IN BOOK 6367 PAGE 141 OF OFFICIAL RECORDS AS MARXED BY A 3/4 INCH IRON PIPE WITH TAG STAMPED R.E. 9822, BEING AT COORDINATES Y EQUALS 348,772.09 FEET AND X EQUALS 1,672,277.16 FEET; THENCE ALONG THE NORTHERLY LINE OF THAT PARCEL OF LAND
DESCRIBED IN DEED TO P.A. HORTON, RECORDED IN BOOK 1641, PAGE 437 OF OFFICIAL RECORDS, SOUTH 89" 26' 41n EAST 594.57 FEET TO THE
SOUTHWEST CORNER OF THE LAND DESCRIBED IN PARCEL 3 OF DEED TO THE
STATE OF CALIFORNIA, RECORDED JUNE 18, 1965 AS FILE NO. 108756 OF
OFFICIAL RECORDS; THENCE ALONG THE WEST LINE OF SAID PARCEL 3,
NORTH 02" 09' 37" EAST, 471.60 FEET;TO THE SOUTH LINE OF PALOMAR
AIRPORT ROAD, AS DESCRIBED IN DEED TO THE CITY OF CARLSBAD,
RECORDED DECEMBER 7, 1959 AS DOCUMENT NO. 251738 IN BOOK 8030, PAGE
216 OF OFFICIAL RECORDS BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID SOUTH LINE NORTH 87" 50' 23" WEST, 190.00 FEET: THENCE
SOUTHERLY PARALLEL WITH THE WEST LINE OF SAID PARCEL 3, SOUTH 2O
09' 37" WEST 204.00 FEET: THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF SAID PALOMAR AIRPORT ROAD, SOUTH 87O 50' 23" EAST, 190.00 FEET; THENCE ALONG SAID WEST LINE OF PARCEL 3, NORTH 02' 09' 37" EAST, 204.00 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND.
BEGINNING AT THE TRUE POINT OF BEGINNING OF THE ABOVE DESCRIBED PARCEL; THENCE ALONG THE SOUTH LINE OF THE SAID PALOMAR AIRPORT
ROAD, NORTH 87" 50' 23" WEST 190.00 FEET; THENCE SOUTHERLY PARALLEL
WITH THE WEST LINE OF SAID PARCEL 3, SOUTH 02' 09' 37" WEST, 34.00
FEET; THENCE EASTERLY PARALLEL WITH SAID SOUTH LINE OF PALOMAR AIRPORT ROAD, SOUTH 87" 50' 23" EAST, 158.00 FEET TO THE BEGINNING OF A 20 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90° A DISTANCE OF 31.42 FEET: THENCE TANGENT TO SAID CURVE AND PARALLEL WITH THE WEST LINE OF SAID PARCEL 3 SOUTH 02O 09' 37"
WEST, 150.00 FEET; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF SAID PALOMAR AIRPORT ROAD, SOUTH 87" 50' 23" EAST, 12.00 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL 3; THENCE NORTHERLY ALONG THE SAID WEST LINE, NORTH 02O 09' 37" EAST, 204.00 FEET TO THE TRUE POINT OF BEGINNING.
142
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