HomeMy WebLinkAboutZC 348; Grove Apartments Investments Co; 86-308955; Public Facilities Fee Agreement/Release- 4.:. 88s v-m.. 36.: 3O~ggg - I ., * . t cr;~~;J.x?,[y-~ i,q I { g-&y, F;$L RE:;,T;‘,.,-%r, *‘. ‘. 'RECORDING REQU&STED BY ANu ) !- ,, ,fl. 1 .JL c 5 L .A ; -; ; : ;
WiiEN RECORDED WIL TO: 1 1 Ka 3UL 24 P/f-.$ 41 :
. CITY DF CMLSBAD . >
1200 Elm Avenue
Carlsbad, Cali fornid 92008 1
Space &ove this line for Recorder's use
Gocumentary transfer
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Signature of declarant determining
tax-fi.rm none
City of Carlsbad
Parcel No. _ /a‘- &xc /jr- ,/#A /y
AGREEXENT BETWEEN Wi:ER, DEVELOPER
AND THE CITY OF CARISBAD FOR THE
PAYGENT OF A FUBLIC FACILITIES FEE ---_---_- ~-___
THIS AGREEKENT is entered into this 14 day of July ---’ EAfL.
L
by xtd betv;ecn Co1 1 ins ----_--.--- ____-____ -__----_.---- -ii_
a California Corporation
-~~rporati~XGrship, etc.)
"Developer" k;hose address is
San Diego, CA 92121 ( C ity,State,Zi!Cod e )
and Grove Apartments Investment Co. ' --- je of iegaliGq-
a General Partnership , t-icreinafter referred to as -- .I_- ~~7Zrp3ration, e%K)
"C\;[-,er" \,tiose a?dress js 10738 W. Pica Blvd., Suite 3 - -.., S~re~ttT- -.--
--- Los Angeles, CA 90064
(City, State, Zip Code)
the CITY OF CARLSEAD, a wn-icipal corpd -ration of the State of Caiifornia,
hcrein&ft.Er refErred to ?.s "City" , i?xse ~3dress is i200 Elm Avcn:e, Carlcbad,
California, 92008.
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Hyp-icq/sLw 26 -10 1
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86 . , RECITALS
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' WHEREAS, &ner 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 Pr'operty lies within the boundaries of City; and
WHEREAS, Developer has contracted With Owner to purchase the Property
and proposes a development project as follows: Specialty Commercial
Development on 10.8 Acres
on said Property, Which development carries the proposed naxe of HosP Grove
Parcels E and E Prime ____ _____- -l-__------ _-._ -- -.
and is hcreinafter referred to as "Dovelopxent"; and
---.---- - --
KHEREAS, Developer filed on the J_F~ day Of -- Julv , . it
19 86 * with the City a reTJest for General Plan Amendment, Master Plan..
Amendment,Re Zone to C-2 Q/O and Sitesan for a Specialty Commercial - -.--_ .-- -
Center. ---_____
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
C 0t-t10 ah.* .C a de:le! qx?t wi? 1 be available cohcurrcnt with heed or such development
Shall not be approved (said element is on file With the City Clerk ahd is
incorporated by this reference); and
WHEREAS, Developer, &her and City recognize the correctness of Council
pplicy No. 17, dated April 22, 1986, 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 arlditional
need for public facilities and services resulting from the proposed Development;
;Ind
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REV 4-22-86
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,. c.
. , c \ 945
WHEREAS, Developer and Owner have asked the City to find that public
. facilities and services will be available to meet the future needs of tne
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 &ner propose to he1 p 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 follo\;s:
1. The Dsvclopcr ?,nd ?,:j-,c:r shal 1 pay to the City a public facilities
Tee in an ;:::>;!i'lt not to cxcccd 2.5% of the building pet-'(tit valuation of the
building or structures to be constructed in the Dcveloiwnt pursuant to the
i,- Rcqllest. The fee shall be paid prior to the issuance of building or other
construction pcl-mits for the develc~pn;cnt and seal 1 be t;.sed on the valuation at
that tire. This fee shall be in n5dition to any fees, dedications or
iri!provc-,:E-nts rc,;uired pursuant to Titles 38, 20 or 21 of ihe Carlsbad Idnicipal
Cede. Czvcloper and C,:ner shall pay a fee for conversion of existing building
or structures into cor-ido;liinium;s in an aTfount not to exceed 2.5% of the building
Dcrmit valuation at the time of co::version. The fee for a condo:,linium
con,;crsion shall be paid prior to the issuance of a car-dominium conversion
;cr-2lit as provided in Chapter 21.47 of the Car-lsbad I,(;nicipal Me. Coidominium
_~!-,a11 include czrnunity ap;rt:;!cnt or stock coo?erztive. The tc-,-;ns "pt:;er
construction permits", "other construction permit" and "Ertitlo:,ent for use" as
used in this agreement, except in reference to r;,3bi?chc::;e sites or pi-ejects,
Shall not refer to g-ding pcrr;;itS or Ctber pzrinits fGi- 'ii;C CCfiStTuCticn of
sr~d~rcr-cund or street imprc\9c.l~iI *r-?ts unless no ether permit is neciisswy prior to
ii-:e use or ;,cc~:,-;ncy far \.:i;ch the -Jcvcl:;,- ,:nt is ini:clis'r-3. ?s;clc:,~r tr!d C;;ner
-3-
;El’ $-.;2$6
.’ I shall pay the 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
devel oproent . 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 Ohtner offers to donate a site or sites
for public facilities, the City shall consider, but is not oblin,ztcd to xcept
the offer. The time for donation and hriount of credit agajnst ttlc fee shall be
deter-airic-3 by City prior to the issuance of any building or other pc-rmits. Such,
is2
detcrlliination, i;hen made, shall bECOne a part of this qrcment. Sites donat cd
under ihiS paragraph shall not include improvcncnts required ptirsuant to Titles
18 or 20 of the Carlsbad Municipal Code.
3. This igrecment and ine fee paid pursuant "lereto are required to
ensure the consistency of the DeveTcpExnt with the City's General Plan. If the
fee is not paid as provided herein, the City will not have the ftinds to provide
. public faciiities and ser.viLes, kid a- L _ L.!lC dc,;e-1 ;pxnt ;;i 11 :;ct be cfincictcnt !qjth ~.2,>~ I - --..-
the General Plan and any approval or pErmit for the Develcpxent shall be void.
::o b~ildirtg or other construction pst-mit or entitler;:cnt for use shall be issued
tintil ir,e public facilities fee re?uirE-d by ttiis igreixnt is paid.
4. -City agrees to deposit the fees paid ptirsuant to this cgrecment in
a public facilities Fund for the financfng of public fxilitics :;i~en the City
Council deter.i:ineS the need exists to p*ovide the fiiCiliti&S and Sufficient
f!,:?d s fr*oTi the pzy;cnt of this and si'i;iilar piblic facilities fees are
avail ,:ble.
-4 -
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l 5. City agrees to provide upon request reasonable assurances to enable
. Developer and Ckner.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. Al 1 obligations hereunder Shall terminate in the 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 zlnd signed by the party gfving such notice OF by a duly
authorized representative of such party. Any such notice shall not be effective
for any pxpose Khaisoever 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 I4ai1, tidrcssed to the City. k
at the ;Sdrcss set forth herein, enclosed in' a sealed envelope, &dressed to the
City for attention of the City Ranager, pstage prepaid and certified.
7.2 If notice is given to Develcper by personal delivery thereof
to Developer or by depositing the szxe in the United States Hail, enclosed in a
sealed envelope, addressed to Developer at the &dress as may have been
designated, postage prepaid and certified.
8. This agreement snail be bindihy upijn and shal? X:C,LIT~ to the
benefit of, and snail apply to, the respective successors and assigns of
Developer, Onsr ;nd the City, and references to Doveloper, D,:ner or City herein
snail be dezxd to be reference to and include their respective successors and
assigns without specific mention of SbCh successors and assigns. If Developer .
should cease to have any interest in the Fro;;crty, all obligations of Developer
hereunder Shall terminate; provided, hokiever, that sny successor of Developer's
,l oper’s interest in the property shal 1 r,zve first assu:?ed in writing the Dove
clbligations .nereunder.
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REV q-2?.-@
.
S” ;*.
. m *. 1 ’ 948 - * ‘; _:.,
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i$ ; At such tic:e bs Owner ceases to t,ave any interest in the fropr-r&'~dll : ,I
'm + .:
obljsations of Cmq hsremder &all tzminate; provjded, hok'ever,
L L ., ;. : . that if, I&;;. {..;:: ,;f '!
')., , . .
successor to the Owwr's ir,terest in the Property is a stranger to this .j :
agrement, such successor has first assumed the obligations of owner in witing I
'J - in a form acceptatle to CSty.
9. This agrmxnt sk,all be recorded but shall not create a lien or
sc-cprity inic-rest in the Fro>erty. Khen the obligations of this agrement heve
bc-c-n satisfied, City shall record a re‘le8se.
IN h'ITt;ESS XHEREOF, this agreemc-nt is cxecutcd in San Diego County,
California zs of the Gate first gritten Aove.
@i*CNER’ . DEYELCPER:
. Grove Apr-txlcnts Tl*~vclcki-;l.?nt Co.
GEr,cral Fart!;cr
C,j:OVC J:i>tii. i-i.: ~r?nts I!!vCStll\e!it co.
Is)? :
E, - : L l-1 TL~~$&&&$? ~-~-__ n
‘--.A ATTEST: CITY OF C,$?LSSAD, a ~:~~l.~Scfpal
corpsration of the
:T; :,*:,,{‘I -~-g-$;p;:‘;.,K . . 9 City I<;lr;e;er
(!:otai-i al EC I;;p;;lil;dsc .-+llt of cxcc!ition by ZEVELCPE!?-.C',:','ER wst :,e attochcd.)
F- n L Y 4-22-?6
-, I :;a: .‘.“ ; .-. :‘I !‘: .: “r’, {$ .- J ,I,. ) _ : : ,~ F. y ..‘..t-’ : .\ ‘-:; 11-p - _-. .- - _. _~. .~._ ~.~. -_ - _ -~~~--
CLlXV"iz OF Anqeks Lcs )
before me, the undersiqed, a IGzkary Public in and for
liy appzarred Robert E. Get2 ,personally of the partners of LTD. H.F.H., , a -xrknership, said &par-tnership being known to me to ke one of the partners of
Q-J-J~P AFsent s Tnvi;st-wnt &Xrgk31&7 the ra-tnership that exxxted the wiLLFiinP irstrsent, and acknotiledged to me that &ey exec&ed the sarre as a partner of __--
clr~m~~LI~~eL~~~L----r and that said last r,;;Tled -partnership execslted I .
WITXESS my l-ad and official seal.
OFFICIAL SEAL -_ !L CATHERINE A ARMSTRONG
NOTARY PUBLIC - CALIFORNIA
LOS ANGELES COUNTY My comm. expires MAR 14, 1990
h7otx-y pub.lic S.n and for said County and State,
CAT. NO. NNO0737 TO 21943 CA (l-83)
(Corporation) @j TICOR TITLE lNSURAN,CE
STATE OF CALIFORNIA
COUNTY OF SAN DIECO ss.
On IlllV 15. 19% before me, the undersigned, a Notary Public in and for
said State, personally appeared . Robert A. Stone personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President, and . w A. Trrhnlpt
personally known to me or
proved to me on the basis of satisfactory evidence to be the pers n who executed the within instrument as the Vice @resident 52GMw 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. WITNE
Sinatu
r
(This area for officipl notarIaI seaI)
,STATE OF CALlFORNlA Los Angeles COUNTY OF
On TlllV 11 1996
before me, the undersigned, a Notary Public in and for said County and
State, personally appeared IT?& p R;IT&$lala .Tr-
a personally known to me;
Cl proved to me on the basis of satisfactory evidence,
to be nnp of the partners of the partnership that , and acknowledged to me that such
B. SCHREIBER
Name (Typed or Printed)
Notary Public in and for said County and State
FOR NOTARY SEAL OR STAMP
F-2436 MAINE GENERAL PARTNERSHIP
* . LEGAL DESCRIPTION * 'ORD~B NO. 902787-15 . * .i 950 1
EXHIBIT .A”
PARCEL 1
Portions of Lots 8, -9, 10, 16, 17, 18, 23, 24, 25, Canon Street and of Eucalyptus Street in Aosp Eucalyptus Forest Coaqtany's Tract No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1136, filed in the Office of the County Recorder of San Diego County, June 8, 1908 described as follows:
Commencing at the most Southwesterly corner of Lot 25 in said tract; thence along the Southwesterly line of said Lot 25 North 23*27'45" West, 195.00 feet; thence North 68'30'20" East, 360.41 feet to the True Point of Beginning; thence North 18OO9'57" West, 40.89 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 1042.00 feet; thence Northwesterly along said curve thru a central angle of 14'35'28" an arc distance of 265.33 feet; thence tangent to said curve North 03'34'35" West 94 .02 feet to the beginning of a tangent curve concave Southwssterly and having a radius of 458.00 feet; thence Northwesterly along said curve thru a central angle of 22?18'38" an arc distance of 178.34 feet; thence tangent to said curve North 25*53'13" West 189.20 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 1042.00 feet; thence Northwesterly along said curve thru a central angle of lOO17'57" an arc distance of 187.30 feet; thence tangent to said curve North 15'35'16" West, 108.41 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 20.00 feet; thence Northwesterly along said
cume thru a central angle of 88'16'48" an arc distance of 30.82 feet to a point
, of cusp with a curve concave Northwesterly and having a radius of 838.50, a
radial line to said point of cusp bears South 13'52'04" East; thence
I Northeasterly along the last mentioned curve thru a central angle of 01'43'12"
an arc distance of 25.17 feet; thence tangent to said cume North 74'24'44" East 140.00 feet to the beginning of a tangent curve concave Northwesterly and having
a radius of 838.50 feet; thence Northeasterly along said curve thru a central angle of 13"24'44" an arc distance of 196.28 feet; thence tangent to said curve North 61°00'OO" East, 174.31 feet to the beginniog of a tangent curve concave Southeasterly and having a radius of 761.50 feet, thence Easterly along said curve thru a central angle of 39"06'51" an arc distance of 519.85 feet; thence South OO"01'30" East 699.16 feet; thence South 79'40'53" West, 272.00 feet;
thence South 10°19'07" East 374.05 feet; thence South 68"30'20" West, 541.94 feet to the True Point of Beginning.
Excepting therefrm an 84 foot wide strip of land, 42.00 feet each side of the
following described centerline:
Commencing at a point on the Westerly line of said Lot 25 distant thereon North 23'27'45" West, 195.00 feet fran the Southwest comer thereof; thence leaving said Westerly line North 68'37'10" East (record North 68'30'28" East per deed)
402.52 feet to the True Point of Beginning; thence North 18°03'07" West, 38.57 feet to the beginning of a tangent curve, concave Easterly and having a rsdius
of 1000.00 feet; thence alorg said curve through a central angle of 14'35'23" an arc distance of 254.64 feet; thence tangent to said curve North 3O27'44" West,
109.90 feet to the beginning of a tangent curve, coocave Westerly and having a radius of 800.00 feet, thence along said curve through a central angle of
.
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b.
( &GAL DESCRIPTION ' . OEiDER NO. 9'02787-15 - 951
25'22'30" an arc distance of 354.30 feet; thence tangent to said curve North 28'50'14" West, 106.19 feet to the beginning of a tangent cume concave Easterly and having a radius of 800.00 feet; thence along said curve through a centraL
angle of 13'21'49" an arc distance of 186.59 feet; thence North 15'28'25" West,
30.00 feet more or less to the Southerly right of way line of Matron Road. The
sidelines of said 84 foot wide street shall terminate with 20.00 foot radius return8 at Said Southerly right of way line of Marron Road.
PARCRL 2
Portions of Lots 22, 23, 24, 25 and of Eucalyptus Street in Hasp Eucalyptus
Forest Company’s Tract No. 1, in the City of Carlebad, County of San Diego, State of California, according to Map thereof No. 1136, filed in the Office of
the County Recorder of San Diego County, June 8, 1908, described as follows:
Commencing at the most Southwesterly corner of Lot 25 in said tract; thence along the Southwesterly line of said Lot 25 North 23O27'45" West 195.00 feet; thence North 68°30’20” East 360.41 feet; thence North 18’09’57” West 40.89 feet to the beginning of a tangent cume concave Northeasterly and haviog a radius of 1042.00 feet; thence Northwesterly alorlg said curve through a central angle of Ol”38’58” an arc distance of 30.00 feet to the True Point of Beginning; thence continuing along said curve through a central angle of 12’56’24” an arc distance of 235.33 feet; thence tangent to said curve North 03°34'35" West 94.02 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 458.00 feet; thence Northwesterly along said curve through a central angle of 22°18’38” an arc distance of 178.34 feet; thence tangent to said curve North 25'53'13" West 189.20 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 1042.00 feet; thence Northwesterly aloq
said curve through a centrsl angle of 10’17’57” an arc distance of 187.30 feet; thence tangent to said curve North 15’35’16” West 108.41 feet to the beginning
of a tangent curve concave Southwesterly aad havixq a radius of 20.00 feet; thence Northwesterly along said curve through a central angle of 88’16’48” an
arc distance of 30.82 feet to a point of reverse curve concave Northerly and having a radius of 838.50 feet; thence Westerly along said reverse curve through
a central angle of 32'08'52" an arc distance of 470.47 feet; thence South 07°34'20" West 213.72 feet; thence South 64”59’00” East 248.29 feet; thence
South 25’53’13” East 590.00 feet; thence South 66.45’50” East 330.26 feet to the True Point of Beginning.
Excepting therefran an 84 foot wide strip of land, 42.00 feet each side of the
following described centerline:
Commencing at a point on the Westerly line of said Lot 25 distant thereon North
23'27'45" West, 195.00 feet fram the Southwest corner thereof; thence leaving said Westerly line North 68°37’10” East (record North 68’30’28” East per deed)
402.52 feet to the True Point of Beginning; thence North 18’03’07” West, 38.57 feet to the beginnlog of a tangent curve , concave Easterly and having a radius of 1000.00 feet; thence along said curve through a central angle of 14"35'23" an arc distance of 254.64 feet; thence tangent to said curve North 3’27’44’ West, 109.90 feet to the beginning of a tangent cume, concave Westerly ad having a
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LEGAL DESCRIRTION -ORDER' NO. 902787-15 '
952.
radius of 800.00 feet, thence along said curve through a central angle of 25O22'30" an arc distance of 354.30 feet; thence tangent to said curve, North
28O50'14" West, 106.19 feet to the beginning of a tangent curve concave Easterly and having a radiur of 800.00 feet; thence along said curve through a central
angle of 13'21'49" an arc distance of 186.59 feet; thence North 1S028'25" West, 30.00 feet more or lees to the Southerly right of way line of Marron Road. The sideline8 of said 84 foot wide street shall terminate with 20.00 foot radius
returns at said Southerly right of way line of Marron Road.
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