HomeMy WebLinkAboutCT 81-10; Carlsbad Research Center; 89-432607; Public Facilities Fee Agreement/Release1979
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I VERA L. LYLE 1L Ji?yHTY R£CORO
Recording Requested By
and Return To:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES
PLEASE TAKE NOTICE that the Agreement For Payment of Public Facilities
Fees between the City of Carlsbad and Carlsbad Research Center (84-17)
required by an Application for CT-81-10
and recorded on
, as Document No. 84-053064 is
hereby released for the following reason:
f J Fees Paid and Obligation Satisfied
I ) Application Withdrawn
£X3| other Superseded by Record # 85-246091
Dated:July 17, 1989
CITY OF CARLSBAD
BY ML>
MARTIN O REN YAK
Community Development Director
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM
VINCENT F. BIONDO, JR.
City Attorney
r 1030
STATE OF CALIFORNIA )
) ss .
COUNTY OF SAN DIEGO )
On August 4, 1989 , before me the undersigned, a
Notary Public in and for said State, personally appeared Aletha L.
Rautenkranz , known to me to be the 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 seal.
******************************
* ^S>v. «FFICIAU SEAt
J lOra KAREN R. KUNDTZ
* "«Se£/ SAN* ^SBS"" My c«mm. E»p. Sew. 27, l»t
*****************************
JNotary) Pub,
I 1973
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008 )NO FEE
84-053064
OFFICIAL .•;;•' :•'•" ••, \
I OF SAM 0;:U':U',;; I'-.'., A
I98H FEB 13 Afi !h 35
VTP/ : ,; •, 'COUNT i ".;./' :..-. .
Space above this line for Recorders use
DocunLe/nrmfry jtransf^r tax: $ c^No fee^
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No . t\1r
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 1st day of February , 1984
by and between CARLSBAD RESEARCH CENTER
(nameofdeveloper-owner)
("Cor p"or~at" ion , partnership , etc . )
"Developer" whose address is 7330 Engineer Rd. ,
, hereinafter referred to as
(street)
San Diego, CA 92111 and THE CITY OF
(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is i
Carlsbad, California, 92008.
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 proposes a development project as follows:
Industrial Development
REV 4-2-82
.'-..'• - . 1974« • ,,.,... ^w
on said Property, which development carries the proposed name of
Carlsbad Research Center
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 13th day of January
1984 t with the City a request for a one year extension of time on Tentative
Map (C.T. 81-10)
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.
REV 4-2-82
, 1975»
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 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
1976
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 4-2-82
6. All 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 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 United States
Mail, enclosed in a sealed envelope, addressed to Developer at the
address as may 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 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
1978
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
CARLSBAD RESEARCH CENTER
(name)
>w
BY* ~2+4'/*j£-
Michael J. D , Partne/(Tit
BY
Orrin W. Miller, Partner
(Title)
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
ATTEST:
J>^9\ a^AJL~J?j
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
ilef S". "Hefitschfo, Assistant
VINCENT F. BIONDO, JR.,
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
at tached. )
-6-
REV 4-2-82
1979
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)ss.
On this 1st day of February
Michelle Milaskey
in the year 19 84, before me
, a notary public in and for said County
and State, personally appeared Michael J. Dunigan t personally
known to me to be Vice President of The Koll Company, a California
Corporation, the Corporation that executed the within instrument, and
known to me to be the person who executed the within instrument on
behalf of said Corporation, said Corporation being known to me to be
Managing Partner of Koll Carlsbad Associates, a California General
Partnership, the Partnership that executed the within instrument,
and acknowledged to me that said Partnership executed the same as
General Partner of Carlsbad Research Center and that Carlsbad Research
Center executed the same.
In witness whereof, I have hereunto set my hand and affixed my notarial
seal, the day and year in this certificate first above written.
%.
NOTARY PUBLIC IN AND FOR SAlti
COUNTY AND STATE ( \
OFFICIAL SEAL
MICHEUE AAltASKEY
NOTARY PUBLIC - CALIFORNIA
'SAN DIEGO COUNTYMy romm. txpires JUL 28. 1987
1980
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)ss.
On this 1st day of_
Michelle Milaskey
February in the year 19 before me
_ , a notary public in and for said County
and State, personally appeared Orrin W. Miller _ f personally
known to me to be Vice President of The Koll Company, a California
Corporation, the Corporation that executed the within instrument, and
known to me to be the person who executed the within instrument on
behalf of said Corporation, said Corporation being known to me to be
Managing Partner of Koll Carlsbad Associates, a California General
Partnership, the Partnership that executed the within instrument,
and acknowledged to me that said Partnership executed the same as
General Partner of Carlsbad Research Center and that Carlsbad Research
Center executed the same.
In witness whereof, I have hereunto set my hand and affixed my notarial
seal, the day and year in this certificate first above written.
OFFICIAL SEAL
MICHELLE MILASKEY
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My comm. expires JUL 23, 1987
NOTARY PUBLIC IN AND
COUNTY AND STATE
ORDER NO. 867816-15
1981
EXHIBIT A
The land referred to herein is situated in the State of California, County of
San Diego, and is described as follows:
Those portions of Lots "F" and "G" of RANCHO AGUA HEDIONDA, partly in the City
of Carlsbad, all in the County of San Diego, State of California, according to
the Partition Map thereof No. 823, filed in the Office of the Recorder of said
San Diego County, November 16, 1896, described as follows:
Commencing at Point One of said Lot "F" as shown on said Map; thence South
25°33'56" East (Record South 25°03'40" East) 229.00 feet to a point, which
point is Point 23 of said Lot "F" and also the most Northerly point of lands
conveyed to Elmer Carpenter by Deed recorded June 1, 1937 in Book 662, page 75
of Official Records; thence along the boundary of said Lot "F" South 54°40'19"
East (Record South 54°08' East) 1347.00 feet; thence leaving the boundary of
said Lot "F" South 35°19'44" West (Record South 35°49'52" West) 41.28 feet to
the TRUE POINT OF BEGINNING; thence continuing South 35919'44" West, 2216.46
feet; thence North 53°02f49" West (Record North 52°32'21" West) 1214.69 feet;
thence South 89°28'49" West, 1548.97 feet to a point on the line between Point
4 and Point 5 of said Lot "F"; thence along said line South 00° 19'11" East,
547.88 feet to said Point 5; thence South 10°56'37" East, 2155.40 feet to
Point 14 of said Lot "F"; thence South 51°00'00" East, 1042.27 feet to a point
that lies on the Southwesterly boundary of said Lot "F" and being a Point of
Intersection with the most Easterly corner of land conveyed to S. L. Kelly by
Deed recorded February 3, 1961 as File No. 20293 of Official Records; thence
along the Southwesterly boundary of said Lot "F" South 51°00' East, 818.47
feet (Record 818.19 feet) to the most Westerly corner of land conveyed to
James L. Hieatt et ux by Deed recorded June 11, 1913 in Book 617, page 54 of
Deeds; thence along the Northwesterly and Northeasterly boundary of said
Hieatt*s Land as follows: North 25°00' East, 594.00 feet and South 51°00'
East, 1348.61 feet to an Intersection with the Northerly line of Palomar
County Airport as described in Quitclaim Deed to the County of San Diego,
recorded January 12, 1977 as File No. 77-012820 of Official Records; thence
along said Northerly line North 79°10'00" East, 4052.22 feet to the
Southwesterly corner of land conveyed to Pre-mixed Concrete Company, a
corporation by deed recorded January 26, 1960 as File No. 15982 of Official
Records; thence along the boundary of said land as follows: North 10"50'00"
West (Record North 10°19I21M West) 500.00 feet, North 79°10'00M East (Record
North 79°40'39" East) 262.00 feet and South 10°50fOO" East (Record South
10°19'21" East) 500.0 feet to the Northerly boundary of said Palomar Airport;
thence North 79°10'00" East along said Northerly line to the Westerly line of
land conveyed to the County of San Diego by Deed recorded May 28, 1970 as File
No. 93075 of Official Records; thence along the Westerly line of said land,
North 38°42'44" West (Record North 38011'55" West) 2510.58 feet to the
beginning of a tangent curve concave Northeasterly and having a radius of
1845.00 feet; thence Northwesterly along the arc of said curve through a
central angle of 14°25'52" a distance of 464.70 feet to a point on the
Southerly boundary of land allotted to Thalia Kelly Considine et al by Partial
Final Judgement in partition recorded January 18, 1963 as File No. 11643 of
LEGAL DESCRIPTION
ORDER NO*. 867816-15 1982
Official Records; thence along the boundary of said land South 67°50'28" West
(Record South 68°00' West) 1392.80 feet; thence North 33°08'52" West, 915.12
feet (Record North 27°50' West 827.10 feet); thence North 00030'53" West
(Record North 00°32' West) 1290.37 feet to the Southerly line of said land
conveyed to the Coutny of San Diego; thence along said Southerly line of said
land conveyed to the County of San Diego; North 74°57'25n West, 427.67 feet to
the beginning of a tangent curve, concave Northerly and having a radius of
2045.00 feet; thence Westerly along the arc of said curve through a central
angle of 16°59'24" of a distance of 606.41 feet to the TRUE POINT OF
BEGINNING.
Excepting therefrom all that portion lying within the boundary of CARLSBAD
TRACT NO. 81-10 UNIT NO. 1, according to Map No. 10330, filed in the Office of
the County Recorder of San Diego County February 18, 1982.
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