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HomeMy WebLinkAboutCT 81-29; THE DAVIDSON COMPANY INC; 87-408266; Public Facilities Fee Agreement/ReleaseRECORDING REQUESTED B¥87^08266 Recording Requested By and Return To: THE CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 0 2080 , RECORDED INOf HCIAL RECORDSrSANi!!EGOCOUNrY,.':A I 138? JUL2I PHI2'45 1 Vt.HAL.LYU | COUNT YRECORDrn RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES RF6.00 AR 2.00 MG 1.00 PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between The City of Carlsbad and The Davidson Company, Inc. required by an Application for CT 81-29 and recorded on March 24, 1983 , as Document No. 83-093444 is hereby released for the following reason: $x? 'Fees Paid and Obligation Satisfied /~7 Application Withdrawn /~T Other DATED: July 9, 1987 ATTEST; CITY OF CARLSBAD By MARTIN ORENYAK, Community Development Director APPROVED AS TO FORM: VINCENT F. BIONDO, JR., Ciar-Attorney By ( c CORPORATE ACKNOWLEDGMENT State of (. .£ 14-' County of c SS. OFFICIAL SEAL * SHEILA B. TARVIN J NOTARY PUBLIC-CALIFORNIA J NOTARY BOND FILED IN * SAN DIEGO COUNTY * My Commission Expires March 24,1989 4 On this the A- NO. 2U . day of Jg_^ " ', before me, the undersigned Notary Public, personally appeared •Rc X JS^ersonally known to me ^Lproved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as ct£j?Li~ty &(ft C/e^/C or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary's Signature^£ L^^k^V-^- 7120 122 NATIONAL NOTARY ASSOCIATION • 23018 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 Inter-Office Correspondence CITY CLERK PROM; DEVELOPMENTAL PROCESSING SUBJECT: PUBLIC FACILITIES RELEASE OFFICbf DATE: MESSAGE: Please release Public Facilities Fee Agreement, file number Attachments Reply Requested Signature REPLY : 9- Oate:_ 10/83 Si gnature: 1742 RECORDING REQUESTED BY V,^D WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 83-093444 MAR 24 Space above this line for RecordeTt.'-^ iuse;r I rpl !>• ;• • • i""•' Docu rans f er tax:No fee Signature of declarant determining tax-firm name City of Carlsbad . • Parcel AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this by and between The Davidson Company daY of Ma rnh 19 fit (name of developer-owner) a , hereinafter referred to as and THE CITY OF (Corporation, partnership, etc. ) "Developer" whose address is 9555 Genesee Avenue (street) "~ San Diego, California 92121 ' (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1 2 0 0__jLLjn__A v e n u e , 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: Multiple Residential Development - Medium to High Density REV 4-2-82 — 1743 on said Property, wh ictv^wdeve lopment carries the pw^pose.d name of Alicante Hills and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 24th day of February 1981 » with the City a request for General Plan Amendment • ;gr i-A 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 facilitiesfee. -2- REV 4-2-82 "- "* ' NOW, THEREFORE , s, ^ consideration of the rec als and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a publi.c facilities fee in an amount not to exceed 2% of the building permit valuation of the building or structures to be cons'tructed 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 b.e paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal C6de. 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 p-ermit 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 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 det errainat i'on,. 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 ade.quate public facilities and services sufficient to accommodate the needs of the Development herein described. -4- y >l -6. A 1.1 obi igat ioi ,, her eunder shall terrainat 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 deliye-ry 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 writ.ing 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. _ 'i — REV 4-2-82 " - - r- 1747 "* .*'• • IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: The Davidson Company. Inc. BY ^-.U— President (Title) BY CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager (Title) ATTEST: . A • V\. ALETHA L. RAUTENKRANZ, City •APPROVED AS TO FORM:AB^ROVEft AS TO FOB fNCENT ^. BlOWfojfeiCity Attorneey ;, Assistant VINCENT F. BIONDO, JR., City Attorney STATE OF CALIFORNIA COUNTY OF San Diego 1748 On this . day of March ., in the year 1983 , WCKI G CIAVIER PUBLIC - v,AU. (- • before me, the undersigned, a Notary Public in and for said State, personally appeared Wi 1 1 i am Da vi d.qnn Prpsi f^nt-, . , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. ACKNOWLEDGMENT-Corporatkm-Wolcotts Form 222CA-X-RM. 5-82 ©1982 WOLCOTTS, INC. Notary Public in and for said State. 174.9 EXHIBIT "A" LEGAL DESCRIPTION All of Reversion to Acreage of Carlsbad Tract No. 72-25, in the City of Carlsbad, County of San Diego, State of California, accord- ing to map thereof No. 8266, filed in the Office of the County Recorder of San Diego County on February 26, 1976. Excepting that portion of said tract lying Westerly of the following described line: Beginning at a point of intersection of the centerline of the 84.00 foot wide street known as Alicante P.oad as shown on Carlsbad Tract No. 72-25 Map No. 7784 Records of San Diego County. With the Southerly line of that 100.00 foot wide easement to San Diego Gas and Electric Company recorded April 16, 1954 as document No. 49841 in Book 5207, Page 161 Records of San Diego County; Thence South 59°38'40" West along aforementioned centerline of Alicante Road 195.00 feet; thence leaving said centerline South 30°21'20" East 42.00 feet to a point on the Easterly right-of-way of said Alicante Road and the beginning of a non-tangent 25.00 foot radius curve concave Southerly, a radial to said point bears North 30°21'20" East, thence Northerly and Easterly along said curve through an angle of 90°00'00" and a distance of 39.27 feet being a point on the Southerly right-of-way of that 60.00 foot street known as Alfil Way as shown on said map 7784; thence South 30°21'20" East along the Southerly right-of-way of said Alfil Way 73.41 feet; thence leaving said Southerly right-of-way South 10°33I50" West 163.44 feet; thence South 54°23'28tl West 18.1R feet; thence South 14°38"30" West 108.50 feet; thence South 00°40'10" West 25.44 feet; thence South 11°33'36" West 89.82 feet; thence South 50°0715711 West 59.28 feet; thence South 14°38'30" West 78.90 feet to the Northerly right-of-way of a pro- posed 50.00 foot radius cul-de-sac street; thence radial to the center of said cul-de-sac street South 38°57'40" West 50.00 feet to the center of said cul-de-sac; thence on a radial line South 05°44'03" West on a line radial to aforementioned cul-de-sac 70.00 feet; thence South 36°15'14" West 120.07 feet to the Southerly boundary of said Map 7784. Containing 47.476 acres gross.