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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No. 80-412119 is hereby released for the following reason: /~7 Fees Paid and Obligation Satisfied /"7 Application Withdrawn 7x7 Other Has been replaced bv new Agreement DATED: September 12, 1985 2THA Jity Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, City Attorney By CITY OF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. m "!«?-»>•«••-^,-.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?