HomeMy WebLinkAboutZC 93-06; Kelly, Allan & Katherine; 1993-0738090; Public Facilities Fee Agreement/ReleaseL RE2ORDING REQUESTED t3Y AND . WHEN, RECORDED MAIL TO:
1
UK # 1993-0738090 03-mu-1993 lo=28 AM
City Clerk
CR-Y OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-l 989
OFFICIAL RECORDS SIN DIE60 COUNTY RECORDER’S OFFICE
) 718 ANNETTE EUANS 7 COUNTY RECORDER
1 RF: 11.00 FEES: 29.00
Space above this line for Recorder’s use
Parcel No. \bq-050-tS,Z&, 6,7, 3
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CRY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FAClLlTlES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNllY FACILlTlES DISTRICT NO. 1
THIS AGREEMENT is entered into this 9% day of %mHwx , l@
by and between A//acr 0, tip//, tiJ KaT/ef/ n c=- A/, K L/ /d
c ziAe?t 1. ees I4 /I4 ~d/ti& 7&t 4% i
(name of developer-&wner)
Lid ?Ld Ai /cl I7; /?9y
a .-
(corporation, partnership, etc.) ’
hereinafter referred to as “Developer” whose address
is 4675 E( Ccern;nd f?ea( , &irisbd, CA ~i”200~
(street) (city, state, zip code)
and the ClTY OF CARLSBAD, a municipal corporation of the State of California, hereinafter
referred to as “City”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008-
1989.
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 proposed a development project as follows:
on said Property, which development carries the proposed name of
Form Approved
By Clly Council July 2,199l
Reeo # 91.194WH 1 Zr, 93*
.
.
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the $?3 day of sE4-- ,19%
with the City a request for 62 -7-*n/;fln
“Request”; and
hereinafter referred to as
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 2, 1991, 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 1.8296 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
By Clly Council July 2.1991 .
Raw + Ql-1WKJH 2
Form Approwd
- 780
L
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 1.8296 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 the City a public facilities fee in the sum of $598
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.
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 Tiiles 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. tf 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
Fom Approvad
By City Council July 21991
Reeo # Ql-194/IcJH 3
- - 781
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. Cii 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.
6. All obligations hereunder shall terminate in the event the Request made by
Developer is 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 lf notice is given to the City of personal delivery thereof to the Cii 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 Cii for attention of the City Manager, postage
prepaid and certified.
7.2 tf notice Is given to Developer by personal delivery thereof to Developer or
by depositing the same in the kited States Mail, enclosed in a sealed envelope, addressed to
Developer at the address as many 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 City, and references to
Developer or City herein shall be deemed to be a reference to and include their respective
Form Approved
By Ctty Council Juty 2,199l
Rmo # Ql-194MJH 4
rc- -
782
successors and assigns without specific mention of such successors and assigns, lf Developer
should cease to have any interest in the Property, all obligations of Developer hereunder shall
terminate; provided, however, that any successor to 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.
6y City Council Juty 21991
Reao # 91.194/KJH 5
IN WlTNESS WHEREOF, this agreement is executed in San Diego Cqunty, California as
of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
. - pIlla -02
(print name)
for City Manage)3
(title) ,- $- B -74
(signature) K,%
e? 11 c
(title)
ATTEST:
ALETHA L. RAUTE
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney .
BY M-- e-- ‘
deputy City At-tome))/
(Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.)
Form Approved
Ey City Council July 2,199l
Rem + 91.194lKJH 6
784
THE LAND REFERRED
CALIFORNIA, COUNTY
THOSE PORTIONS OF
EXHIBIT “A”
LEGAL DESCRIPTION
TO IN THIS REPORT IS SITUATED IN THE STATE OF
OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
l
LOTS "D" AND "E" 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 PT 1 OF SAID LOT "D" AS SHOWN ON RECORD OF SURVEY MAP
NO. 7918, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, OCTOBER 10, 1974; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 'ID" , NORTH 89O26'32" WEST 1,543.43 FEET TO THE MOST EASTERLY CORNER OF SAID LOT "E" ; THENCE ALONG A PORTION OF THE -BOUNDARY OF SAID LOT
"E" NORTH 89O26'32" WEST, 2,831.42 FEET TO THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN PARCEL 2, IN DEED TO WESTERN LAND AND DEVELOPMENT COMPANY, RECORDED MARCH 2, 1971 AS FILE NO. 38810 OF
OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID PARCEL 2 OF LAND
OF WESTERN LAND AND DEVELOPMENT COMPANY AS FOLLOWS:
NORTH 34O43'55" EAST, 664.30 FEET (RECORD - NORTH 34O44'03" EAST
663.15 FEET) TO AN ANGLE POINT THEREIN AND NORTH 15O54'30" WEST (RECORD - NORTH 15O54'25" WEST) 630.45 FEET TO THE SOUTHEASTERLY LINE
OF LAND DESCRIBED IN DEED TO OCEANSIDE-CARLSBAD UNION HIGH SCHOOL DISTRICT, RECORDED NOVEMBER 27,' 1970 AS FILE NO. 216959 OF OFFICIAL
RECORDS; THENCE ALONG THE BOUNDARY OF SAID SCHOOL DISTRICT'S LAND AS
FOLLOWS:
NORTH 53O22'00" EAST (RECORD NORTH 53O22'17 " EAST) 870.00 FEET TO THE
MOST EASTERLY CORNER OF SAID LAND; NORTH 33O13'10" WEST (RECORD-
33O11'15' WEST) 891.30 FEET TO THE NORTHEASTERLY CORNER OF SAID LAND; AND SOUTH 84O20'35' WEST (RECORD - SOUTH 84O21'03" WEST) 1,060.12 FEET TO THE NORTHWESTERLY CORNER OF SAID LAND, BEING ALSO A POINT IN
THE BOUNDARY OF LAND DISTRIBUTED TO ALLAN 0. KELLEY, IN FEE SIMPLE
ABSOLUTE, IN THAT CERTAIN DECREE OF DISTRIBUTION UNDER SUPERIOR COURT CASE NO. 44573, RECORDED MAY 11, 1953 AS FILE NO. 63919 IN BOOK 4851,
PAGE 58 OF OFFICIAL RECORDS; THENCE ALONG.THE BOUNDARY OF SAID LAND OF ALLAN 0. KELLEY, AS FOLLOWS:
NORTH O1°ll'lO" EAST (RECORD NORTH OO"03'10 " EAST) 375.14 FEET TO AN
ANGLE POINT THEREIN; AND NORTH 18O19'25" WEST (RECORD - NORTH 19O25'30" WEST) 205.03 FEET TO THE MOST WESTERLY SOUTHWEST CORNER OF LAND DESCRIBED IN PARCEL 1 IN DEED TO HUGH W. WARDEN ET AL, RECORDED NOVEMBER 30, 1961 AS FILE NO. 206962 OF OFFICIAL RECORDS; THENCE
ALONG THE BOUNDARY OF SAID PARCEL 1 OF LAND OF WARDEN, ET AL' AS
FOLLOWS:
PAGE 8
, .’ \ ” ‘. I( ,!
,9-. c I * \ .I
785
ORDER NO. 1012169-6
NORTH 77OO3'22" EAST (RECORD NORTH 76O49'26" EAST), 2,785.57 FEET TO
AN ANGLE POINT THEREIN; SOUTH 12O57'02" EAST, 1,734.64 FEET (RECORD
SOUTH 13°10'34" EAST 1,735.OO FEETj TO AN ANGLE POINT THEREIN; AND
NORTH 89O55'50" EAST (RECORD NORTH 89O52'25" EAST) 1,965.10 FEET TO THE MOST EASTERLY LINE OF SAID LOT "D"; THENCE ALONG SAID EASTERLY
LINE SOUTH OO"03'55" EAST 1,860.62 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF SAID LOT "E" LYING WITHIN iHE CIRCUMFERENCE OF THAT CERTAIN 80.00 FOOT RADIUS CIRCULAR PARCEL OF
LAND FIRST DESCRIBED IN DEED TO CARLSBAD MUNICIPAL WATER DISTRICT,
RECORDED JANUARY 4, 1963 AS FILE NO. 1851 OF OFFICIAL RECORDS, AND BEING MORE PARTICULARLY SHOWN ON SAID RECORD OF SURVEY MAP NO. 7918.
PAGE 9
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