HomeMy WebLinkAboutZC 305; Robertson, Virginia; 84-126618; Public Facilities Fee Agreement/Release:. I .
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- R&ORDING REQUESTED B- AND 1081 - 84-126618 .-- - I' t . ' WHEN RECORDED MAIL TO: i
CITY OF CARLSRAD 1200 Elm Avenue Carlsbad, California 92008 \o,Q~ kpR -6 &Y 10: i 3
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tax-firm name
City of Carlsbad
Parcel No. aaL+o/a --J/
AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into thiS15THday ofFebruarv , 19&
by and between Virsinia K. Robertson and Virsinia K. Robertson
Trustee U.D.T. dated 10-8-76 (name of developer-owner)
an individual , hereinafter referred to as (Corporation, partnership, etc.)
"Developer" whose address is 4656 El Camino Real (street)
Carlsbad, Calif. 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
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:
Pre-annexational zone change and General Plan Amendment
REV 4-2-82
* . _ .
‘, s 1082
Dn said Property, which development carries the pruposed name of
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the25th day of February ,
19 8A , with the City a request for Pre-annexational
Genral Plan Amendment
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 recognise the correctness of Council
Policy No. 17, dated April 2, 1982, in 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.
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REV 4-2-82
, . . . 1083
‘, . NOW, THEREFORE -in consideration of the r -itals 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 2X 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 o f existing building or structures
into condominiums in an amount not to exceed 2% 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 construct ion
permits”, “other construction permit” and “entitlement for use” as
used in this agreement, except in reference to mobilehome 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. Developer shall pay to City a public
facilities fee in the sum of $1,150 for each mobilehome 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.
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REV 4-2-82
, * 1084 -.
. 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 services
sufficient to accommodate the needs of the Development herein
described.
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REV 4-2-82
. 1085 . . . - . 6. All obligatl- s hereunder shall termine in the event the
* ‘. I ’ Requests made by Developer 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 of 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 inure to the
benefit of, and shall 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 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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REV 4-2-82
1086
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the
State of California
Virginia K. Robertson (name)
/ By ‘-2&&Q+&& f zf&&$g&
H Virginia K. Robertson (Title)
BY City Manager
J
c c 2 Virginia K. Robertson Trustee U.D.T. (Title) dated 10-8-76
ATTEST:
ALETHA L. RAUTENKRANZ, City Cletk
APPROVED AS TO FORM: .
,
.
'VINCENT F. BIONDO, JR., City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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REV 4-2-82
STATE OF CALIFORNIA 1087 San Diego ss. COUNTY OF ____ _ _____._____.___ __ _____._____.._.. _ .___.__. _ __________
on F.eb.ruary...2.Z.,JS k.. ............. .... . before me, the undersigned, a Notary Public in and for said State, personally appeared
vixginFa..K,..RolleKt m.. ................................................... ................................................................................................ . ...................................... .
................................................................................. .._............-..- .......................................... known to me to be the person(s) whose name(s) ..... ia.. ..............
subscribed to the within Instrument and acknowledged that.....she..............execute d the same.
WITNESS mv hand and official seal.
c. . ..--..-...... -_ . . . . _ . . . ..___ T--- ..!d ( otary PI
I
. . . . . . __-.__..__ .__...._.--_..._ ___ . . . . . .._____ *Iii3 Signature)
BtSBSO I L-76 * LS PS Individual Notarial Acknowladgmanl
STATE OF CALIFORNIA ss. COUNTY OF ____ _ _._.. Srm..&&go...-... _____________. >
0” . . . . . . F~~~~-ar~.....22,.~.1~~4 . . . . . . ...) bef ore me, the undersigned, a Notary Public in and for said State, personally appeared
_____.................. _ . . . . . . . . . . . . YFrg.inia..~,...K~h~~.t8Q~..~~~~*e~~..~~...~~~~~...~Q~.~~~:....--..............~...............-~.....~...........~~-................- . _._._...___ _ _________.._. __._ _____.......................~... _ . . . . . . . . . . . . . . . . . . _._ ______...............~..............-...................... known to me to be the person(s) whose name(s) . . . . . . ia . . . . . . . . . . . . . . .
subscribed to the within Instrument and acknowledged that......d!X . . . . . . . . . . . . executed the same.
WITNESS my hand and official seal.
0~3200 I z-76* ZS PS lndividuol Notarial Acknowledgmm~
\r 1088 5-
LEGAL DESCRIPTIOE
ORDER NO. 874806-2 EXHIBIT "A"
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of
San Dlego, and Is described 85 follows:
All that portion of Lots “E” and “I” of RANCH0 ACUA HEDlONDA, in the County of
San Diego, State of California, according to Partition Map thereof No. 823,
filed in the Office of the County Recorder of said County, November 16, 1896,
described 8s follows:
Beginning at the Southwest corner of CARLSBAD TRACT NO. 76-12 according to Hap
thereof NO l 9935, filed in the Off ice of the County Recorder of San Diego
County , December 16, 1980; thence North 00’34’50” E8St along the West line of
said Map 9935, 929.02 feet to the TRUE POINT OF BEGINNING; Thence, North
OO”34’50” East 164.79 feet to a point on the North line of Lot “E” of said Hap
No. 823; thence, North 89”25’10” West along the North line of said Lot “E”
617.25 feet; thence continuing along the North line of Lot “E” and the North
line of Lot “I” of said Map No. 823 North 89”22’43” West 2873.31 feet to a
point which bears South 89”24’24” East 76.07 feet, (South 89’50’00” East 75.51
feet record) from the Southeast corner of EL CAHINO MESA UNIT NO. 6, ACCORDING
TO HAP THEREOF No. 6988, filed in the Office of the County Recorder of San
Di ego County, July 15, 1971; said point also being the Northeasterly corner of
that 75.00 foot easement described In Deed to the San Diego Gas and Electric
Company, recorded June 16, 1966 as File No. 98887 of Official Records; thence
along the Easterly and Northeasterly boundary of said easement; South 6”03’54”
East 18.06 feet (South 6’29’30” East 18.06 feet record); thence South
25’41’48” East 1940.43 feet, (South 26”07’24” East. 1940.23 feet record);
: thence leaving said easement South 24”00’43” Uest 252.97 feet, (South
23”34’23” West 253.69 feet record) to the beginning of a tangent 600.00 foot
radius curve concave Easterly with a central angle of 18’10’48” (18”10’23”
record); thence, Southerly along the arc of said curve 190.38 feet (190.31
feet record); thence South 5*49’55” East 113.39 feet, (South 5’24’00” West
113.03 feet record) to the beginning of a tangent 600.00 foot radius curve
concave Northvesterly with a central angle of 24”02’17”, (24”03’05” record);
thence Southerly along the arc of said curve 251.72 feet, (251.87 feet
record); thence South 29’52’12” West, (South 29’27’05” West record) 58.94 feet
to a point on the arc of 8 1000.00 foot radius curve concave Southeasterly; a
radial line to said point bears North 60”07 ‘48” West; said point also being a
point on the centerline of Tamarack Avenue at Engineers Station 1+27.14 as
shown on Engineers Drawing No. U.Y. 1856 consisting of 8 sheets on file in the
Office of the San Dlego County, Department of Transportation; thence
continuing along said centerlloe the following courses; thence Northeasterly
along the arc of said 1000.00 foot radius curve through a central angle of
59”08’48” a distance of 1032.30 feet; thence, North 89”Ol’OO” East 238.63 feet
to the beginning of a tangent 1000.00 foot radius curve concave Northwesterly
tith a central angle of 33”37 ‘00”; thence, Easterly along the arc of said
curve 586.72 feet; thence, North 55’24’00” East 548.20 feet, to the beginning
of a tangent 1000.00 foot radius curve concave Northwesterly with a central
angle of 16’57’00”; thence, Northeasterly along the arc of said curve 295.63
t
I -- 1089 4
LEGAL DESCRIPTION
ORDER NO. 874806-2
feet; thence, North 38”27’00” East 316.85 feet to the beginning of a tangent
1000.00 foot redius curve concave Northwesterly with a central angle of
17’14’30”; thence, Northeasterly along the arc of said curve 300.92 feet;
thence, North 21”12’30” East 726.05 feet to the TRUE POINT OF BEGIhT1NC.
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