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Home My WebLink AboutSDP 92-08; Carltas Company; 1992-0660393; Public Facilities Fee Agreement/Releasec . -’ -NC #I 199~-~~6~393 16--OCT-1992 12=15 FT% 90 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: > 1 CITY OF CARLSBAD 1 1200 Carlsbad Village Drive 1 Carlsbad, California 92008 1 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE ANNETTE EVANS, COUHTY RECORDER ;I; 13.00 FEES: 35.00 21.00 PIF: 1.00 Space above this line for Recordeis use Parcel No. 211-021-26 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 92 by and between 28thday of SoPt - , 19 CARLTAS COMPANY (Name of Developer-Owner) a partnership , hereinafter referred to as “Developef (Corporation, Partnership, etc.) whose address is 5600 Avenida Encinas, Suite 100, Carlsbad. CA 92008 (Street) (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 Carl&ad Village Drive 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: A temporary facilityforretailwine sales/tasting to on said Property, mcl&e a gift shop carries the proposed name of ~F’LJXJR m nt and Form Approved By City Council April 22, 1986 Reso. No. 9169 is hereinafter referred as “Development”; and WHEREAS, Developer filed on the 28th day of -to J 1992, with the City a request for a Sit& Development Plan for BelleFleur Vineyards 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 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. 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. Form Approved By City Council April 22, 1986 Iho. No. 9169 2 . ’ 92 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. 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 Citys 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 Fom Amxoved By City~&uncil April 22, 1986 Reso. No. 9169 3 93 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. 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 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 Fom Approved By City Council April 22, 1986 Reso. No. 9169 94 apply to the respective successors and assigns of Developer and the City, and references to Developer 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 Developers interest in the property shall have first assumed in writing the Developeis 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. Form Approved By City Council April 22,1986 Reso. No. 9169 5 I * 9.5 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CARLTAS CIXPhNY, a Califomia limited partnership CITYOFCARLSBAD, amunicipal corporation of the State of California By: By: . (Title) ATTEST: I APPROVEDASTOFORM: /s.qj:& j)Jk& RONALD G. BALL V Acting City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) Form Approved By City Council April al986 Reso. No. 9169 CAT. NO. NN00630 TO 1946 CA (9-84) (Partnership) STATE OF CALIFORNIA a TICOR TITLE r&URANCE COUNTY OF San Diego On September 28, 1992 said State, personally appeared before me, the undersigned, a Notary Public in and for Christopher C. Calkins ------m--------m--- -_---------------------------------------------------------- - --------------,- 8M=Br '#-. . to be the person Manaqer who executed the within instrument as of the partners of the partnership ClUI 8-L that executed the within instrument, and acknowledgeA cu to me that such partnership executed the same. 7 $. FSGHER I (This area for official notarial seal) ExHIBlT “A” LEGALDESCRIPTION See Attachment (Legal Description - 3 Pages) Form Am-oved By City -&uncil April 22,1986 &so. No. 9169 7 . 97 Attachment 78 10-120831 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: ALL 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, 1892, AS SHOWN ON RECORD OF SURVEY MAP NO. 12462, FILED DECEMBER 28, 1989 AS FILE NO. 89-704916 OF OFFICIAL RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID RECORD OF SURVEY MAP NO. 12462: THENCE ALONG THE BOUNDARY THEREOF SOUTH 70'46'03" WEST 582.98 FEET (RECORD SOUTH 70.45'53' WEST 582.66 FEET) TO THE BEGINNING OF A TANGENT 1950 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21.23'39" A DISTANCE OF 728.13; THENCE TANGENT TO SAID CURVE NORTH 87*50'18' WEST (RECORD NORTH 87.50'28' WEST) 2069.16 FEET TO THE INTERSECTION OF THE NORTHERLY LINE OF PALOMAR AIRPORT ROAD AND THE EASTERLY LINE OF PASEO DEL NORTE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 12462: THENCE CONTINUING ALONG THE BOUNDARY THEREOF, NORTH 2'09'22" EAST 177.14 FEET (RECORD NORTH 2.09'37' EAST 177.29 FEET) TO THE BEGINNING OF A TANGENT 643 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 79.59'43' A DISTANCE OF 897.71 FEET (RECORD 79*58'45", 897.56 FEET); THENCE TANGENT TO SAID CURVE NORTH 77.50'21' WEST 99.98 FEET (RECORD 100.00 FEET) TO THE BEGINNING OF A TANGENT 557 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY: THENCE NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55.20'50' A DISTANCE OF 538.07 FEET: THENCE TANGENT TO SAID CURVE NORTH 22.29'26' WEST 828.00 FEET (RECORD NORTH 22.29'10" WEST 828.02 FEET); THENCE NORTH 67.30'34' EAST 5.15 FEET (RECORD NORTH 67.30'50' EAST 5.20 FEET) TO THE BEGINNING OF A NON-TANGENT 25.00 FOOT RADIUS CURVE, A RADIAL LINE TO SAID POINT BEARS SOUTH 67.30'34' WEST (RECORD SOUTH 67.30'50" WEST); THENCE NORTHERLY, NORTHEASTERLY AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90*00'03' (RECORD 89'59'47") 39.27 FEET; THENCE TANGENT TO SAID CURVE NORTH 67.30'37' EAST 410.18 FEET (RECORD 410.14 FEET) TO THE BEGINNING OF A TANGENT 336.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89.59'58" A DISTANCE OF 527.78 FEET (RECORD 89*59'59',, 527.79 FEET); THENCE TANGENT TO SAID CURVE NORTH 22.29'21' WEST' -l- . - l . - . , . 10-120831 99 61.40 FEET (RECORD NORTH 22.29'22' WEST 61.43 FEET) TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33.55'23" A DISTANCE OF 5.92 FEET TO THE BEGINNING OF A REVERSE 107.50 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33.55'23' A DISTANCE OF 63.65 FEET; THENCE TANGENT TO SAID CURVE NORTH 22.29'21" WEST 79.98 FEET (RECORD NORTH 22.29'22" WEST 80.00 FEET) TO THE BEGINNING OF A TANGENT 107.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33'55'23' A DISTANCE OF 63.65 FEET TO THE BEGINNING OF A REVERSE 10.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33.55'23" A DISTANCE OF 5.92 FEET: THENCE TANGENT TO SAID CURVE NORTH 22.29'21' WEST 338.91 FEET (RECORD NORTH 22.29'22' WEST 338.85 FEET) TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33.55'23" A DISTANCE 5.92 FEET TO THE BEGINNING OF A REVERSE 107.50 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33.55'23" A DISTANCE OF 63.65 FEET; THENCE TANGENT TO SAID CURVE NORTH 22'29'21' WEST 79.96 FEET (RECORD NORTH 22.29'22" WEST 80.00 FEET) TO THE BEGINNING OF A TANGENT 107.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A'CENTRAL ANGLE OF 33.55'23" A DISTANCE OF 63.65 FEET TO THE BEGINNING OF A REVERSE 10.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33.55'23" A DISTANCE OF 5.92 FEET; THENCE TANGENT TO SAID CURVE NORTH 22.29'21' WEST 338.90 FEET (RECORD NORTH 22.29'22" WEST 338.85 FEET), TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33.55'23' A DISTANCE OF 5.92 FEET TO THE BEGINNING OF A REVERSE 107.50 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33.55'23' A DISTANCE OF 63.65 FEET; THENCE TANGENT TO SAID CURVE NORTH 22.29'21" WEST 79.96 FEET (RECORD NORTH 22.29'22" WEST 80.00 FEET) TO THE BEGINNING OF A TANGENT 107.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33.55'23" A DISTANCE OF 63.65 FEET TO THE BEGINNING OF A REVERSE 10.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33.55'23" A DISTANCE OF 5.92 FEET; THENCE TANGENT TO SAID CURVE NORTH 22.29'21" WEST 234.47 FEET (RECORD NORTH 22'29'22" WEST 234.48 FEET) TO THE BEGINNING OF A TANGENT 264.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH AsCENTRAL ANGLE OF 63.41'03' A DISTANCE OF 293.44 FEET; THENCE TANGENT TO SAID CURVE NORTH 41*11'42' EAST 99.98 FEET (RECORD NORTH 41*11'41' EAST 100.00) TO THE BEGINNING OF A TANGENT 336.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE -2- . ^ , #- . . , l 10-120831 THROUGH A CENTRAL ANGLE OF 29.40'25" A DISTANCE OF 174.02 FEET (RECORD 29*40'24", 174.01 FEET); THENCE TANGENT TO,SAID CURVE NORTH 11*31'17" EAST 73.,96 FEET (RECORD 74.00 FEET) TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS.CURVE CONCAVE SOUTHERLY; THENCE NORTHERLY, NORTHEASTERLY AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89'59'58" (RECORD 90'00'00") A DISTANCE OF 39.27 FEET; THENCE RADIAL TO SAID CURVE NORTH 11*31'15" EAST (RECORD NORTH 11*31'17" EAST) 51.00 FEET TO A POINT ON THE NORTH LINE OF THAT CERTAIN'423.512 ACRE PARCEL DESIGNATED AND DELINEATED AS THE "CARLTAS COMPANY" LAND ON SAID RECORD OF SURVEY MAP NO. 12462: THENCE ALONG SAID NORTH LINE SOUTH 78*28'45" EAST 1286.73 FEET (RECORD SOUTH 78.28'43" EAST 1286.67 FEET) TO THE BEGINNING OF A TANGENT 2000 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6.24'58" A DISTANCE OF 223.96 FEET (RECORD 6*24'19", 223.59 FEET); THENCE TANGENT TO SAID CURVE SOUTH 84'53'43" EAST 2170.86 FEET (RECORD SOUTH 84.53'03" EAST 2171.00 FEET) TO THE BEGINNING OF A TANGENT 2000 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL'ANGLE OF 13.47'39" A DISTANCE OF 481.51 FEET (RECORD 13*48'19", 481.89 FEET); THENCE TANGENT TO SAID CURVE NORTH 81*18'38" EAST 321.54 FEET TO A POINT ON THE EASTERLY LINE OF SAID RECORD OF SURVEY MAP NO. 12462; THENCE ALONG SAID EASTERLY LINE, SOUTH 0*03'30" WEST (RECORD SOUTH 0*30'59" WEST) 1465.21 FEET; THENCE NORTH 89'56'30" WEST 120.00 FEET: THENCE SOUTH 0*03'30" WEST 160.00 FEET; THE SOUTH 89.56'30" EAST 120.00 FEET; THENCE SOUTH 0'03'30" WEST (RECORD SOUTH 0.03'59" WEST) 110.00 FEET; THENCE SOUTH 0'01'19" WEST 2333.28 FEET (RECORD SOUTH 0*02'00" WEST 2332.51 FEET) TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SAID LOT "H" LYING EASTERLY OF THE EASTERLY LINE OF THAT CERTAIN 86 FOOT WIDE EASEMENT FOR PUBLIC ROAD PURPOSES (KNOWN AS PASEO DEL NORTE) AS DEEDED TO THE CITY OF CARLSBAD, NOVEMBER 30, 1972 AS FILE NO. 320457 OF OFFICIAL RECORDS AS SHOWN ON PARCEL MAP NO. 11284, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1981 AS FILE NO. 81-145557 OF OFFICIAL RECORDS AND WESTERLY OF THE WESTERLY LINE OF SAID RECORDED OF SURVEY MAP NO. 12462. -3-