HomeMy WebLinkAboutCT 82-18; HSL/GROUP I; 89-163068; Public Facilities Fee Agreement/Release0565
Recording Requested By
and Return To:
CITY OF CARLSOAU
- 1200 Elm Avenue
Carlsbad, CA 92008
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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 HSL/Group I (83-17)
required by an Application for cT-82-l8/CP-2l4/cup-2l9/zc-260
• and recorded on
. is hereby, as Document No. 83-084820
released for the following reason:
_| Fees Paid and Obligation Satisfied
[ Application Withdrawn
rf tfXXI Other Superseded by CT85-14, 85-37,85-38 (Sammis)
GATES:
ATTEST:
CITY OF CAFyLSE.AO
MARTIN ORENYA1 ^
Community Development Director
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM APPROVE AS TC' ?OR!
F. B40NDO, JR., CtTV
VINCENT F. BIONDO, JR. ' '
City Attorney gY
RONALD R. BALL
0566
STATE OF CALIFORNIA )
) ss .
COUNTY OF SAN DIEGO )
On March 24, L989 , 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.
******************************
OFFICIAL SEAL *
KAREN R. KUNDTZ I
NOTARY PUBLIC-CALIFORNIA *«HKY PUBLIU—OHLirumim ,,, KlXt-Q-f-TT Pill-.SAN DIEGO COUNTY * Notary rue
My Comm. Exp Sept 27, 1989 J /
******************************
llw 1239 83-084820
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
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Space above this line for
Documentary transfer tax: $ No fee
NOFEt
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. 216-14-01 £ 216-042-08
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this IHday of February , 1983
by and between H S L/ Group I
(nameofdeveloper-owner)
, Uj"p , hereinafter referred to as
(C orporation, partnership, e t c. )
"Developer" whose address is 5030 Camino de la Siesta, San Diego, California
(s treet)
92108 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 12J10—EJ_m__Av e n u e ,
Carlsbad, California, 92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real propertydescribed
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:
Pre-annexation Zone Change, Tentative Map S Major .Condo Permit for 354 residential units.
REV 4-2-82
•i *7 ° n"-' 1 i o(J
on .said Property, which development carries the proposed name of
Batiquitos Pointe
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 19 day of July
19 82 , with the City a request for Major Condominium Permit and Tentative
Map. Previously Filed Pre-annexation Zone Change (Filed 5-1U-82)
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.
-2-
REV 4-2-82
: ' ,, "-' 1731 ^
NOW, THEREFORE , x--n consideration of the ret^^cals 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
1 7QO v1 i 64 "» "
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 f~e 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.
IT ^ Qf 00
,.5* "!*V ' "X
' • 6. All obi igat ibV.a 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.
— s •-
REV 4-2-82
'.:; . - - 1734-
IV WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
HSL/Group I, a General Partnership
-By: Group I, a General Partnership as partner
By: Stephen A. Bi^ri, General Partner
CITY OF CARLSBAD, a municipal
corporation of the
State of California
i Cxty Manager
By: Humberto S. Lopez, General Partner
ATTEST:
/ /
ALETHA L. RAUTENKRANZ, C
APPRO^j
Vi
'erk
5. Hants^m Assistant
VINCENT F. BIONDO, JR.,
City Attorney
(N
at
TO 1953 CA (8-74)
r(Partnership as a Partner of a Partnership)
STATE OF CALIFORNIA
COUNTY OF I SS.
17;I TITLE INSURANCE
F AND TRUST
A TTCOR COMPANY
t
UiKUIz
LIJ
0.<I-0)i
On this 17th day of February ioR3 . before ™ William H. Kohler
a Notary Public in and for said state personally appeared
be _ OJie _ of the partners of _ Group I
Stephen A. Bl6n , known to me to
RE
a partnership, said partnership being known to me to be one
of the partners of HSL/GrOUP I
the partnership that executed the within instrument and ac-
knowledged to me that they executed the same as partners of
the partnership first above named, that said partnership exe-
cuted the same as a partner nf HSL/GfOUp I t
and that said last named partnership executed the same.
WITNESS my hand and official seal.
Signature LJ^^LJLL,
RNIA
OFFiCiAL SEAL
WILLIAM H. KOHLER
NOTARY PUBLIC-CALIFO
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
i Commission Expi
(This area for official notarial seal)
1984
c 1736
STATE OF ARIZONA )
) SS
COUNTY OF PIMA
The foregoing instrument was acknowleged before me
this O '-~ day of '^^wv^vt/^—-, 1983, by Humberto S. Lopez,
a general partner of HSL/Group I, a general Partnership.
Notary Public
My Commission Expires:
r&Y
EXHIBIT "A"
LEGAL DESCRIPTION
A portion of the West Half of Section 33, Township 12 South,
Range 4 West, San Bernardino Base and Meridian, in the County
of San Diego, State ,of California, and described as follows:
.Beginning at'the Northwest Corner of Section 33, as-shown •
on State Highway Map'No. Xl-S.D. Rte. 2-Sec. B.; Thence, ~
North 89°57'30" East, 234.04 Feet to a point in the South-
westerly Boundary'Line of the Right-of-way of the ATCHISON,
TOPEKA AND SANTA'FE RAILROAD. COMPANY (Coast Line); Thence,
South 21°09'50" East;'along .said Southwesterly Boundary
Line, a distance ..of 1611.52 Feet, to the beginning of a.
curve :concave Southwesterly and having a Radius of 13,950.91
Feet, a line Radial to said.curve at said last mentioned
point bears South .68°58'10" West; Thence, Southeasterly
along said curve and being,on said Southwesterly Right-
of-way Line, an arc distance of 1327.69 Feet, to a point:
in said curve., said point being in the center line of a
channel; Thence, leaving.said Right-of-way line and following
| the center line of said channel, South 46°04' West, 204.03
Feet; Thence South 71°52'. West, 195.12 Feet; Thence, North
I 74°34' West, -244.87 Feet, to a point in the Easterly line
of State Highway Xl.-S.D. Rte. 2-Sec. B; Thence, North 17°31'
West, along said Easterly Boundary Line of said State Highway,,
a distance of 1969,11 Feet; Thence, North 4°40f30" West,
913.85 Feet; Thence, North 0°01'50" West, 110.26'Feet, to
beginning. . •
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