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Home My WebLink AboutZC 340; Ticor Title Insurance and T & G Investments Inc; 85-466658; Public Facilities Fee Agreement/Release*, . . . .I 1 I - , 1 . . - . . I .FECORbING REOUESTED BY AND WHEN RECORDED MAIL TO: y la33 CITY OF CARLSBAD 85-466658 - q I- ; i.-‘F :y::~,‘;~-~ j; --- /; i ,:: - 1 1:: <-. .T” * ; 1: :, : ; , ,~ ‘.. i ,: ,.;\ I.,:., i i 1 / ;. 1200 Elm Avenue jE5 D[C 1 1 Bf{ ;r;- 29 Carlsbad, California 92008 Documentar nsfer tax: Parcel No..~DP-~~~-~~!~/,ZL,L~,~~ AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this llthday of October , '9x by and between TICOR TITLE INSURANCE COMPANY UNDER HOLDING AGREEMENT NO. 409; and T & G INVESTMENTS, INC. (name of developer-owner) a California corporations , hereinafter-referred to as (Corporation, partnership, etc.) "Developer" whose address is 3575 Kenton Street (street) San Diego, California 92110 (City, state, zip code) and THE CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose addres Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the rea 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 Specific Plan and Zone Change for a Planned Industrial Park R.EV 4-2-82 ’ “. * . . ; I. 1 . . c, a34 'on said Property, which development carries the proposed name of karlsbad Airport Business Center and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the // day of bcT/&C? , 19 %5--, with the City a request for a Zone Change and a Specific Plan 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 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. -2- REV 4-2-82 . . , I I - ” * * 1835 . NOW, THEREFORE, In consideration of the rec,tals 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 2% 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 construction 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. -3- REV 4-2-82 , . b . * . , - I - 1536 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. -4- REV 4-z-82 n I’ . . * I’ . 1837 6. All obligatious hereunder shall terminate in thz event the 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 IJnited States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 5. 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. -5- REV 4-2-82 ,, **. . . . 1 c II e- - 1838 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: TICOR TITLE (Title) 1 *I b , ATTEST: CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager . APPROVED AS TO FORM: . I . VINCENT F. BIONDO, JR., City Attorney 1 . I (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-Z-82 CAT. NO. NN00737 TO 1945 CA (S-94) (Corporation) 3b 1539 @j TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF SanDiego 1 ss. On October 18, 1985 before me, the undersigned, a Notary Public in and for t said State, personally appeared Ernest B. Bond nersonallv known to me m-d- lYrmhriJasis I t r -&&sf&o~eto bd the person who executed ‘: the within instrument as the vice 3 President, and Willj am W. B~EZIZS, Jr. ii personally known to me or ‘praved-tamcan~~~~eto be the person who executed the within instrument as the v-f the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. CAT. NO. NN00737 TO 1945 CA (7-92) (Corporation) STATE OF CALIFORNIA COUNTY OF San nipon s. (This area for official notarial seal) On October 18, 1985 ‘t before me, the undersigned, a Notary Public in and for said State, personally appeared Paul K. Tchanq personally known to me or proved to me on the basis . r bi satisfactory evidence to be the person who executed r the within instrument as the !i Pr&ident, and ------ ----- % personally known to me or ii proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the ------ Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS m*and and official seal. _ Signature JEAN$E% SCHWARTZ NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN (This area for official notarial seal) ’ ~ - -. -. * ’ *_ ., ,d:‘ ’ ..7 2.Y THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF 7 CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF LOT "B" OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT “B” OF SAID RANCH0 AGUA HEDIONDA, AS*SHOWN ON RECORD OF SURVEY NO. 517, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 30, 1935; THENCE ALONG THE BOUNDARY OF SAID LOT AS SHOWN ON SAID MAP NO. 517, SOUTH 89’45’ EAST 5173.00 FEET TO THE SOUTHEAST CORNER OF LOT “D” OF SAND RANCH0 AGUA HEDIONDA; THENCE CONTINUING ALONG THE BOUNDARY OF SAID LOT "B", SOUTH 89’53’ EAST 2666.00 FEET AND SOUTH 0’17’57” EAST 2657.96 FEET - RECORD SOUTH O”32’OO” EAST 2655.2 FEET - TO POINT 14 OF SAID LOT "B" AS SAID POINT 14 IS DESIGNATED ON SAID MAP NO. 823; THENCE ALONG THE BOUNDARY OF SAID LOT “B” , SOUTH 89’54’00” EAST 2362.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY, SOUTH B,9’54’00” EAST 1109.57 FEET; THENCE SOUTH 3’05’08” EAST 5839.45 FEET TO THE SOUTHERLY BOUNDARY OF SAID LOT “8”; THENCE ALONG SAID SOUTHERLY. BOUNDARY, SOUTH 79”09’09” WEST -RECORD SOUTH 79’12’ WEST -645.60 FEET TO AN ANGLE POINT THEREIN; AND NORTH 73’54’02” WEST - RECORD NORTH 73’50’ WEST - 495.70 FEET TO AN INTERSECTION WITH A LINE WHICH BEARS SOUTH 3’05’08” EAST FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE, NORTH 3’05’08” WEST, A DISTANCE OF 5825.40 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION LYING SOUTHERLY OF THE NORTHERLY LINE OF CARLSBAD TRACT NO. 74-21, ACCORDING TO' MAP 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF . SAN DIEGO COUNTY, APRIL 13, 1982. PARCEL 2: ALi THAT PORTION OF LOT "B" OF RANCH0 AGUA HEDIONDA, IN [THE CITY OF CARLSBAD, IN THE 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, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT “B” OF SAID RANCH0 AGUA HEDIONDA AS SHOWN ON RECORD OF SURVEY NO. 517, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 30, 1935; THENCE ALONG THE BOUNDARY OF SAID LOT AS SHOWN ON SAID MAP NO. 517, SOUTH 89’45’ EAST 5173.00 FEET TO THE SOUTHEAST CORNER OF LOT “D” OF SAID RANCH0 AGUA HEDIONDA;, THENCE CONTINUING ALONG THE BOUNDARY OF SAID LOT “B”, SOUTH 89’53’ EAST 2666.00 FEET AND SOUTH 0’17’57” EAST 2657.96 FEET - RECORD 1138118 PAGE 7 I ;..‘ .i. : :. 8 ). . .i ,;’ /. . SOUTH O”32’60” EAST 2655.2 FEET - TO POINT 14 OF SAID LOT u “B” AS SAID POINT 14 IS DESIGNATED ON SAID MAP NO. 823; 1841 THENCE ALONG THE BOUNDARY OF SAID LOT “B”, SOUTH 89’54’00” EAST 1205.46 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 89’54’00” EAST 1156-90 FEET; THENCE SOUTH 3’05’08” EAST 5825.40 FEET TO THE SOUTHERLY BOUNDARY, NORTH 73’54’02” WEST -RECORD NORTH 73’50’ WEST- A DISTANCE OF 1223.04 FEET TO AN INTERSECTION WITH A LINE WHICH BEARS SOUTH 3’05’08” EAST FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE, NORTH 3’05’08” WEST, A OISTANCE OF 5487.77 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION LYING SOUTHERLY OF THE NORTHERLY LINE OF CARLSBAD TRACT NO. 74-21, ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1982. PARCEL 3: ALL THAT PORTION OF LOT “B” OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT “B” OF SAID RANCH0 AGUA HEDIONDA, AS SHOWN ON RECORD OF SURVEY NO. 517 FILED IN THE OF.FICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 30, 1935; THENCE ALONG THE BOUNDARY OF SAID LOT AS SHOWN ON SAID MAP NO. 517, SOUTH 89’45’ EAST 5173.00 FEET TO THE SOUTHEAST CORNER OF LOT “D” OF SAID RANCH0 AGUA HEDIONDA; THENCE CONTINUING ALONG THE BOUNDARY OF SAID LOT “B”; SOUTH 89’53’ EAST 2666.00 FEET AND SOUTH 0’17’57” EAST 2657.96 FEET - RECORD SOUTH O”32’OO” EAST 2655.2 FEET’ - TO POINT 14 OF SAID LOT “B” AS SAID POINT 14 IS DESIGNATED DN SAID MAP NO. 823; THENCE ALONG THE BOUNDARY OF SAID LOT “B”, SOUTH 89’54’00” EAST 3471.98 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY, SOUTH 89’54’00” EAST, 1142.07 FEET TO POINT 15 OF SAID LOT “B” AS SAID POINT 15 IS DESIGNATED ON SAID MAP NO. 823; THENCE ALONG THE EASTERLY BOUNDARY OF SAID LOT, SOUTH 3°05’08” EAST 5620.55 FEET - RECORD SOUTH 3O3’ EAST 5621.2 FEET - TO THE SOUTHEAST CORNER THEREOF; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT “B”, SOUTH 79” 09’09” WEST, -RECORD SOUTH 79” 12’ WEST ‘- 1150.85 FEET TO AN INTERSECTION WITH A LINE WHICH BEARS SOUTH 3’05’08” EAST FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE, NORTH 3’05’08” WEST, A DISTANCE OF 5839.45 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION LYING SOUTHERLY OF THE NORTHERLY LINE OF CARLSBAD TRACT NO. 74-21, ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1982. PARCEL 4: 1138118 PAGE 8 ::, : .’ ; * . -. ‘II. . ,. “ALL Tl-fAT ‘PORTION OF’LOT “8” OF RANCH0 AGUA HEDIONDA, IN THE ” 1842 :* . '?:J CI.TY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ,y ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF COUNTY RECORDER 9 OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT "B" OF SAID RANCH0 AGUA HEDIONDA, AS SHOWN ON RECORD OF SURVEY NO. 517, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 30, 1935; THENCE ALONG THE BOUNDARY OF SAID LOT AS SHOWN ON SAID MAP NO. 517, SOUTH 89’45’ EAST 5173.00 FEET TO THE SOUTHEAST CORNER OF LOT “D” OF SAID RANCH0 AGUA HEDIONDA; THENCE CONTINUING ALONG THE BOUNDARY OF SAID LOT “B”; SOUTH 89’53’ EAST 2666.00 FEET AND SOUTH 0” 17’57” EAST 2657.96 FEET - RECORD SOUTH O”32’OO” EAST 2655.2 FEET - TO POINT 14 OF SAID LOT "B" AS SAID POINT 14 IS DESIGNATED ON SAID MAP NO. 823; THENCE ALONG THE BOUNDARY OF SAID LOT “B”, SOUTH 89’54’00” EAST 23.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE,,BOUNDARY OF SAID LOT, SOUTH 89’54’00” EAST 1182.05 FEET; THENCE SOUTH 3’05’08” EAST 5487.77 FEET TO THE SOUTHERLY BOUNDARY OF SAID LOT “B”; THENCE ALONG SAID SOUTHERLY BOUNDARY NORTH 73’54’02” WEST - RECORD NORTH 73”50’00” WEST - 23.20 FEET TO AN ANGLE POINT THEREIN AND SOUTH 84’34’38” WEST - RECORD SOUTH 84’38’ WEST - 1159.28 FEET TO AN INTERSECTION WITH A LINE WHICH BEARS SOUTH 3’05’08” EAST FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE, NORTH 3’05’08” WEST, A DISTANCE OF 5593.11 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION LYING SOUTHERLY OF THE NORTHERLY LINE OF CARLSBAD TRACT NO. 74-21, ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1982. 1138118 PAGE 9 The'l~mk'referred to .herein is d-kkibed as follows: . . . Lots 23’ through 38, inclusive, Carlsbad, County of San Diego, of CARLSBAD TRACT NO. 74-21; in the City of State of California, according to Map thereof No 10372, filed in the Office of the County Recorder of San Diego County, April 13: 1982. 1 ^_._-_- .._- - _--- ~.. _ . ,-... --- - rl _ -‘. --=“---- _--- ^i _ _ _ ,_._ __. _ _ w *-an-- -