HomeMy WebLinkAboutCT 75-09; LA COSTA LAND COMPANY; 85-365517; Public Facilities Fee Agreement/Release498
Recording. Requested By
and Return To:THE CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
_ 8^365517
1385 OCI -2 PH I: 55
RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES
RF 6.00
AR 2.00
TLR 8.00
MG 1.00
PLEASE TAKE NOTICE that the Agreement For Payment Of Public
Facilities Fees between The City of Carlsbad and
LA OOSTA. LAND COMPANY —
required by an Application for
Santa Fe Knolls, Unit #1 C"Tr/5
Tentative Map
and recorded on
December 8, 1980 as Document No. 80-412119
is hereby released for the following reason:
/~7 Fees Paid and Obligation Satisfied
/"7 Application Withdrawn
7x7 Other Has been replaced bv new Agreement
DATED: September 12, 1985
2THA
Jity Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO,
City Attorney
By
CITY OF CARLSBAD
i. ALESHIRE,
City Manager
STATE OF CALIFORNIA )
) ss .
COUNTY OF SAN DIEGO )
499
On September 12, 1985 before me the undersigned, a
Notary Public in and for said State, personally appeared Karen p. Kundtz
known to me to be the Deputy City Clerk
of the City of Carlsbad, a Municipal Corporation of the State of California,
known to me to be the person who executed the within instrument on behalf
of said Municipal Corporation, and acknowledged to me that such City of
Carlsbad, California, executed the same.
WITNESS my hand the official se
OFFICIAL SEAL
RANOBE EISNER
NOTARY PUBLIC - CALIFORNIA
SAN D!fGO COUNTY
My comm. expiras F"B 20, 1987
Notary Public
TO:r CARLSBADAVKCARLSBAD CA 92008
152 f SO . ',.IOOK 1«0
RCCSRBES KeU*iiT OF
ACKfit^KNT BETWEEN OWNER, DEVELOPER
AND THE CITY OP CARLSBAD FOR THE
1'AYMEMT Of A PUBLIC FACILITIES FES • DEC. 8 SttlH'gfl
19f. u . OFf ICi*i. hFCCKSITillS AG7EEWENT is entered into this_*"nday of narq>M piggo tyghj_T.c*l"
19 80, by and batwsen
LA CX)STA LAin) COMPANY
(NAOMI ol Developer)NORt V
an Illinois corporation
(Corporatxon. partnersnip, etc.) •
•hereinafter referred to as "Developer* whose address is
*Costa del Hir Road
__. '.street)
Carlsbad. Cilifornia 92008
and
(Cityi state, zip code)Trustees of Central Stares, Southeast and Southwest AreasPension Fund • •
" U<eir-2 cf Legal Ovnar)
(Corporation, etc.)
hereinafter referred to es "Owner" whose address is
• Victor Palmier! and Company Incorporated
(Street)
609 Souta Orand Avenue, Los Angeles, California 90017 t
(City, state, zip code)
AND
thn CITY cr .TARI^SAD, a r.oaicipil corporation of the State of California,
hereinafter r-sferrei 15 ts "City", whose address is 1200 Elm Avenue,
Carlsbad, Cilifomis, ?2008.
RECITALS
W0ERKAS, owner is the owner of the real property described
on Exhibit "A", atteched to and made a part of this agreement, and
hereinafter referred to as "Pro;->orty* ?. and
WHEREAS, the Property lies within the boundaries of City: and
WHEREAS, .Developer has contracted with Owner to purchase the
Property and proposes to construct * 210-unlt single family
subdivision
on said Property, which development carries the proposed name of
SANTA FE KNOLLS - PHASE I , .. • • • and is
hereinafter referred to as 'Development*; and
WHEREAS, Developer filed on the 12th day of December
19 75 , with the City a requect for a Tentative Map
(hereinafter referred to as "Uequest"; and
WHEREAS, the Public Facilities Element of the City General Plan
requires that the City Counci 1 find that all public facilities
necessary to serve a d->veloprent will be available concurrent with
need or such development shall not be approved (said element is on
file with the City Clerk and incorporated by this reference) ; and
WHEREAS, Develo[>er, Owner and City recognize the correctness
Off fit-t. I*,<.A fAf. 0.7 * C j.tf?K"3of Council Policy Mo. 17, «X»>ehad to «u»* »ad» » p<mfc-a£ t>ic
f^f^r^^fj and that the City's public facilities and services
arc at ce?t=ity and v; 11 not be available* to accommodate the
additional r.-sed for public facilities and services resulting from
the proper ad Dove let r.ents and
HHERE7.S, Ocvelaper and Owner have as)ted the City to find that
public facilities ar.d services will be available to meet the future
heeds of the Development as it is presently proposed; but the
2.
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"!«?-»>•«••-^,-.i:">*siai4> fkai ^y,'t*_fc f. *^' * -1 -, . • jj^H^t^K_»t " j*^r
i'^tlf^- **'''•'£&&& t*
:
' Developer anJ Owner are nware 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
Owner propose to help satisfy the General-Plan as implemented by
• Council I»olicy No. 17 by paymert 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 *nd Owner shall pay to the City a public
facilities fee in the arounc of 2% of the building permit valuation of
tha buildings 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 corstruction peraits for the development and shall
be based-on the valuotic r. at that tine. This fee shall be in addition
to any fees, dedications cr improvements required pursuant to" Titles
IB, 20 or 21 of the Carlsbad Municipal Code. A credit toward such fee
shall be given for land which has been dedicated for park purposes or
for any fees paid in lieu thereof pursuant to Chapter .'.0.44 of the
Carlsbad Municipal Code. Developer and Owner shall pay a fee for
conversion of existing buildings or structures into condominiums In an
amount ecutl to 21 of the building permit valuation at the time of
conversion. The fes fcr a condominium conversion shall be paid prior
to the iss'^ince of s. condominium conversion permit as provided in
Chapter 21.47 of the Czrlsbad Municipal Code. Condominium shall
include coraunity apart.ment or stock cooperative.
2. The Developer and Owner may offer to donate • site or sites
for public facilities in lieu of all or part of the financial obli-
gation agreed upon in Paragraph 1 above. Xf Developer and Owner offer
3.
..a
3f
1
155
4
S..
to donate :. site or site's for public facilities, the City shall
consider, but is not obligated to accept the offer. The time for
donation ar.d 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. . j
Sites donated under this paragraph shall not include improvements j
required pursuant to titles 18 or 20 of the Carlsbad Municipal Code. "
3. -This agreement and the fee paid pursuant hereto are requires
to ensure the consistency of the Development with the City's General
Plan. If the fee in rot paid as provided herein, the City will not
have the funds to provide public facilities and services, and the
Development will net tx: consistent with the General Plan and any ;
approval or permit tor the Development shall be void. No building or •'-
other construction ;>ci -it or entitlement for use shall be issued until "-
• i-
the public facilities fee req lired by this agreement is paid. --;
4. City agre >s to deposit the fees paid pursuant to this agree- :-
ment in a public facilities fund for the financing of public facilitic ?
when the City Council determines th« need ejciat* to provide the -I
facilities and sufficient funds from the payment of this and similar .'
public facilities f .-as arc available. .j
i
5. City agre :s -o provide upon request reasonable assurances t- j
enable Developer ar.i. Cvr.er to comply with any requirements of other
public age.-.:ies as evidence of adequate public facilities and service
sufficient to accoa-odate the needs of the Development herein
'described.
6. All obligations hcrcunder shall terminate in the event the j
Requests made by Developer and Owner are not approved.
4.
- _i
7. Any notice from one party to the other shall be in writing,
and shall be dated and signed by tha 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 personal1 delivery
thereof to the City or by depositing same in the United States Mail,
• addressed to the City at th<=- address set forth herein, enclosed in a
sealed envelope, addressed to the City for attention of the City
Manager, postage prepaid anc. certified.
7.2 If notice is given to Developer by personal delivery
thereof to Developer or by depositing the sane in the United States
Kail, enclosed in a sr^a^ed envelope, addressed to Developer at the
address as may have bee . designated, postage prepaid and certified.
7.3 If notic-j is given to Owner by personal delivery
thereof to Owner or by depositing same in the United States Hail,
enclosed in a sealed envelope addressed to Owner at the address
set forth herein or at suc^ other address as nay have been designated,
postage prepaid and certified.
8. This agreement shall be binding, upon and shall inure to the
benefit of, and slitll rpply to, the respective successors and assigns
of Developer, Owner t--v- tha City, and references to Developer, Owner
or City herein shall ic deejaed to be reference to and include their
respective successors and assigns without specific mention of such
successors and assigns. If Developer s'.iould cease to have any interest
in the Property, all obligations of Developer hercunder shall terminate;
5.
Ib7
provided, however, thr.t'ony successor of Developer's interest in the
Property shall have first assumed in writing the Developer's
obligations hereunder.
At such time as Owner ceases to have any interest in the Property,
all obligations of Owner hereunder shall terminate; provided, however,
that if any successor to the Owner's interest in the Property is a
stranger to this agre-jraer.t., such successor has first assumed the obli-
gations of Owner in writi-.ig. «
9. This agrecir.jnt shall be recorded. When the obligations
of this agreement hav-i b^-er. satisfied, City shall record a release.
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER:Trustees of Central Si£tc t,
Southeast and Southve*t Areas
Pension Fund •
DEVELOPER:
LA COSTA LAND COMPANY. "*: ~
an Illinois corporation^. .
Julian Burke, as Vice President
of V(cfK>r Palmieri *n-J Company
Incorporated acting pursuant Co
a resolution of the aforesaid
Trustees.
ATTEST:
By
Burton TT Kramer
Title Senior Vice President
<*-^S^-&-ftt-Ai_Elaine Thoaas
Titie Assistant Secretary
CITY OF CARLSDAD. a municipal
corporation of the State of California"
iT. >iw7£ifi>r.'c< ~. i
City Clerk
>P-APPROVED AS TO POKX:
VIHCEUT Y. BIONDO, JK.'/'Cit
(Hotnrinl acknowledycmpnt of execution by DEVELOPER and OWNER muct
be attached.)
* ^;tfei^*®i^
(7-
1S7
provided, however, that'any successor of Developer's interest in the
Property shall have first assumed in writing the Developer's
obligations hereunder.
STATE OP CALIFORNIA )
) 9*.
COUNTY OF LOS ANGELES )1*8
On >*^)ajte.-*! /9 , 19/£, personally appeared-before me,
a Notary Public in a-id fr.-r said County and State, JULIAN BURKE,
known to me to be the Executive Vice President of Victor Palmieri
and Company Incorporated and acknowledged that he executed the
fore/foipg on behalf jf Vj:tor Palmieri and Company Incorporated
itees of Cent;al States, Southeast and Southwest
Fund.
OFFIQAL SEAL
DAUA H. MAKTINEZ•oujrt
_ im «Msan counr
MM 23. MR
my hand and official seal
*/ 97- „ .,.? • ,^*r. ^ f • aJL£.Lsv*^£.
Notary Public
STATE OF CALIFORNIA
nicipil
te of CaliforniaMarch 12. i960
Senior VIce-
» •> to U IW )»-ii» wU «m«n4 I*-,
SALLY A. KUMMELEHHE
RICK ENGINEERING COMPANY
3088 PIO PICO OR.
TELEPHONE
L (KKfMPTtfmr**:
SUITE 202 • CARLSBAD. CA 92008
AREA CODE 714 • 729-4. 7
m —
SANTA FE KNOLLS UNIT NO.l 7/6/77
ran
That portion of Lots 5,8,anJ 9 at the Rancho Las Encinitas, in the City
of Carlsbad, County of San I iego. State of California, according to Map
thereof No.848, on file in the Office of the County Recorder of said
County described as follows.
COMMENCING at the Northeast cor.ier of said Lot 8 as shown on Licensed
Survey Map No. 443 on file .n '.ne Office of the County Engineer of said
County; thence along the Ea ;t line of said Ixst 8 as shown on said Licensed
Survey Map No.443 South 02' 28' 18" East,(Record=South 03* 0,2* 45" East,
per Licensed Survey Map No.i43.179.97 feet to the TRUE POINT OF BEGINNING;
thence continuing along sai • £_st line South 02* 28* 18" East, (Hecord=
South 03* 02' 45" Eas't, pei Licensed Survey Map No. 443) 980.64 feet; thence
leaving said East line Nort, 7t* 20' 00" West, 450.40 feet; thence South
32* 40' 00" West, 195.00 fc.t; thence South 01* 10' 00" East, 220.00 feet;
thence South 54* 10' 00" We-t, 308.00 feet; thence North 83° 30' 00" West,
530.00 feet; thence South '•:• f-Q' 00" West, 500.00 feet; the.ice South 39°
39' 14" West, 426.58 feet; the ce South 86* 30' 00" West, 842.77 feet;to
an intersection with a 93G.CO 'oot radius curve concave Westerly, a radial
; l;.ne to said point bears Si • th 87? 31' 57" East; thence Northerly along
j the arc of said curve thro . h - central angle of 11* 45* 33". a distance
' of 190.87 feet; thence tan 'nt to said curve North 09° 17' 30" West, 150.00
I ;<_-et to the beginning of a tat: .ent 1030.00 foct radius curve concave
j Southwesterly; thence Nort'wes.erly along the arc of said curve through a
| central angle of- 12* 44' 3.', a distance of 229.06 feet; thence tangent
to said curve North 22* 02' 00' West, 450.00 feet; thence South 67* 58' 00"
West, 60.00 feet; thence N i tJ, 22* 02' 00" West. 269.08 feet to the beginning
of a tangent 630.00 foot r-Jiu? curve concave Northeasterly; thence
Northwesterly and Northeriv aiong the arc of said curve through a central
angle of 28* 54' 00", a di:.tarce of 317.77 feet; thence tangent to said
curve North 06* 52' 00" East;, 275.80 feet to the beginning of a tangent
25.00 foot radius curve cor.cave Southwesterly; theit'ce Northeasterly and
Northerly, and Northwesterly along the arc of said curve through a central
angle of 87* 02' <3", a di-.icance of 37.96 feet to a point of cu«p with-a
1042.00 foot radius curve concave Northerly, a radial line through said
point bears North 09* 49' 17" East, thence Southeasterly along the arc of
said 1042.00 foot radius c:rvo through a centra' angle of 05* 54' 34", a
distance of 107.47 feet tc ) point in the arc c said curve to which a radial
line bears South 03* 54' 43" Viert; thence leaving said curve along said
radial line North 03° 54' -13" East, 42.00 feet to a point in the arc of a
1000.00 foot radius curve concave Northerly, a radial line to said point
bears South 03* 54' 43* West; thence Easterly, and Northeasterly along the
arc of said 1000.00 foot tudius curve through a central angle of 42* 14' 43"
a distance of 737.32 feet; thence tangent to said curve North 51* 40' 00"
East, 208.38 feet to the beginning of a tangent 1000.00 foot radius curve
concave Northwesterly; thence Northeasterly along the arc of said curve
through a central angle of 36° 40' 00", a distance of 639.T5 feet; thence
tangent to said curve North 15* 00' 00" East, 400.00 feet _o the beginning
of a tangent 900.00 foot itdius curve concave Westerly; thence Northeasterly
and Northerly along the arc of said curve through a central angle of 25* 38'
22", a distance of 402.74 feet to a point in the arc of said curve to which
v.-*rr
hr'
«
--J
•srsr
RICMTENGINEERING COMPANY i-*Ti. ,J
3088 PIO PICO DR.
TELEPHONE
SUITE 202 • CARLSBAD. CA 92008
AREA CODE 714 • 729-4987
SANTA FE KNOL'-S UNIT NO.l 7/6/77
mm
2 «" 2
*a radial line bears North 79" 21* 38"East; thence leaving said curve along
the prolongation of said rad-al line North 79* 21' 38" East, 42.00 feet to
a point in the arc of a 942.CO fort radius curve concave Westerly, a radial
line to said point bears North 79" 21' 38" East; thence Northerly along the
arc of said 942.00 foot radix::; cuive through a central angle of 06* 31* 16"
a distance of 107.21 feet to a point of cusp with a 25.00 foot radius curve
concave Northeasterly; a rad:.tl line through said point bears North 72* 50'
22" East; thence Southeasterly, Easterly and Northeasterly along the arc of
said 25.00 foot radius curve ihrough a central angle of 86* 44' 22", a
distance of 37.85 feet; thence- ta:;gent to said curve North 76° 06' 00" East,
159.12 feet to the beginning of a tangent 330.00 foot radius curve concave
Southeasterly; thence Easter;-/ along the arc of said curve through a cental
angle of 06* 50' 00", a distance of 39.36 feet to a point in the arc of
said curve to which a radial line sears North 07* 04* 00" West; thence
leaving said curve North 18* 08' JO" East, 277.63 feet; thence North 37*
58' 51" East, 118.62 feet; t.w-.?nce South 89 43' 47" East, 106.00 feet;
thence South 62* 55' 40" .East , 10).07 feet; thence South 32* 53' 29" East,
61.69 feet; thence South 19* .!4' ;1" East, 145.99 feet; thence South 26*
18' 28" West, 156.93 feet; t.v-nce South 31* 28' 00" East, 301.49 feet; thence
South 36* 08* 00" East, 143.'-* fe«-t; thence South 26* 59' 07" East, 150.28
feet; thence South 71* 56' On • We-t. 140.00 feet; thence South 18* 04' 00"
East, 108.50 feet; thence No:-h 7J* 56' 00" East, 120.00 feet; thence South
19* 36' 53" East, 74.03 feet, ther.ce South 12* 08' 06" East, 77.41 feet;
thence South 18* 04' 00" East, 70.00 feet; thence South 28* 43' 48" East,
237.84 feet; thence South 18' 15' 00" East, 171.00 feet; thence South 71* 45'
00" West, 19.50-feet; thence South 27* 49' 53" East, 62.09 feet; thence
South 44* 58' 08" East, 55.7!J feet; thence South 51* 11' 00" East, 520.00
feet; thence South 70* 31' 57" Ea::t,101.64 feet to the TRUE POINT OF
BEGINNING.
Said parcel of land contains 152.bOO acres.
Robert C. Ladwig L.S.316?