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HomeMy WebLinkAboutCT 83-16; THE ANDEN GROUP/DAON CORPORATION; 88-456833; Public Facilities Fee Agreement/ReleaseRecording Requested By^ "and Return To: * ''''Ftf&rCITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 ~ 0938 RF4.00 AR 2.00 MG 1.00 RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES 88 456833 RECORDED IN *~""1ICIAL RECORDS'OFF Y.C'Aj 88 SEP 12 AH 9H 6 ! VERA L. LYL! COU«TY RECORD:y PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between the City of Carlsbad and The Anden Group & Daon Corporation required by an Application for CT 83-16 LCDP 83-1 8-3-83 _, as Document No. 83-269196 and recorded on is hereby released for the following reason: l$£\ Fees Paid and Obligation Satisfied | | Application Withdrawn l~~l Other DATED:8/17/88 CITY OF CARLSBAD By —MARTIN TJRENY] Community Development Director ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: V I NC ENT F . B I ONDO , SWCENT F BIONDO io C i ty A 1 1 o r n ey ~ ND°' JR" " 0939 STATE OF CALIFORNIA ) ) ss . COUNTY OF SAN DIEGO ) On September 1, 1988 , 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 J KAREN R. KUNDTZ J NOTARY PUBLIC-CALIFORNIA J SAN DIEGO COUNTY * My Comm. Exp. Sept. 27, 1989 J I '470 83-269196 RECORDING REQUESTED BY i..<D WHE.N RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad,- California 92008 OF? : -.-;. Vf: ,. COUi, r 3 .'/-i 10: 20 Space above this line for Recorder s u&e i Documentary transfer tax: $ No fee NO FEE Signature of declarant determining tax-firm name Cityof Carlsbad Parcel No. AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 7th day of July , 19 g3 by and between THE ANDEN GROUP Partnership (Corporation, partnership, etc.) "Developer" whose address is 3010 Alqa Road (Name of Developer) , hereinafter referred to as (Street) Carlsbad, CA. 92008 and (City,State,Zip Code) Daon Corporation Corporation (Name of Legal Owner) , hereinafter referred to as >(Corporat ion, etc.) "Owner" whose address is 1241 Elm Avenue (Street) Carlsbad, CA. 92008 (City,State,ZipCode) AND the CITY OF. CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is .1200 Elm Avenue, Carlsbad, California, 92008. RECITAL9 1 4 7 J"*"'s 'V-. ff ' 'fi *$* WHEREAS, Owner is the owner of the real property described on Exhibit "A", attached to and made a part of this agreement, and hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the Property and proposes a development project as follows; 174 lot single family detached development on 50 acres. (Jf o3—/b on said Property, which development carries the proposed name o: Santa Fe Ridge and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 6th day of July 19 , with the City a request for Tentative Tract Map and Site Development Plan. 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 incorporated by this reference); and WHEREAS, Developer, Owner and City recognize the correctness of Council Policy No. 17 dated April 2, 1982, on 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 serv-ices resulting.from the proposed Development; and -2- REV 4-2-82 •' • _ ,- 1472 WHEREAS, Developer and Owner have asked the City to find that public facilities and services will be available to meet the future needs o-f the Development as it is presently proposed; but the Developer and Owner are aware 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 Policy No. 17 by payment 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 and Owner 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 a^H shall be based on thf valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 o'f the Carlsbad Municipal Code. Developer and Owner shall pay a fee for conversion of 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"1, "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or -3- REV 4-2-82 . ' .- 1473 -> "***' 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 and Owner 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. 2. The Developer and Owner 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 Develope-r and Owner 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 Genera 1 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. -A- DTTU A _. o_ R o C - 1474 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 and Owner 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. 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 i T» onp of the following manners: 7.1 If notice is given to the Ci'ty'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. -5- REV 4-2-82 1475 /•"N. 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, Owner and the City, and references to Developer, Owner "* 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. 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 agreement, such successor has first assumed the obligations of owner in writing in a form acceptable to City. 9. This agreement shall be recorded tut shall not create a lien or security interest on the Property. When the obligations of this agreement have been satisfied, City shall record a release. -6- 1476 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWN DEVELOPER: ^^ ANDEN GROUP, a general partnership BY: Miden Corporation, general partner Paulette Teta TITLE Asst. Secretary ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPRO: APPROVED AS TO FORMV'N CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager B (ttorriey } miel S. nentschke, Assistant VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) -7- REV 4-2-82 1477 t w w2 M 5 I. CAT. NO. NN00636 TO 1954 CA (7-82) (Corporation as a Partner of a Partnership) STATE OF CALIFORNI COUNTY OF On \ kl I TITLE INSURANCE AND TRUST AT1COR COMPANY ss. before me, the undersigned, a Notary Public in and for said State, pe _ personally kno^rii to me or proved to me on the basis of satisfactory evidence tobe the pe the within instrument as the _ "" _ President, and _ Ar» UJ. n who executed _ personally known to me or proved to me on^the basis of satisfactory evidence to be the person who executed the within instrument as the _ (JLs&A- T^ Secretary of0 the corporation that executed the behalf of "TV\e ithin instrument on _ ______ the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. Signature OFFICIAL SEAL JULIEANNE ROBERTS NOTAJT PBHIt MIIFOMW PRINCIPAl OFFICI IN SAN DIEGO COUNT* My Comm.Hion Expirei October 25, 1983 (This area for official notarial seal) CAT. NO. NN00636 TO 1954 CAI7-82) (Corporation as a Partpp r of a Partnership) '.m<2STATE OF CALII COUNTY OI } TITLE INSURANCE AND TRUST A T1COR COMPANY SS. L ~> -^V /Y£f ~> before me, the undersigned, a Notary Public in and forOn _ _ said State, peB*anally a^f eared personally k»«wn to me or proved to me on the basis of satisfactory evidonreyo be the within instrument as the to be th President, and personally known to me or proved to me o: son who executed the within instrument as the xeauted the corporation that execbehalf of ~me. e basis of satisfactory evidence Secretary ofy e within instrument on _ the partnersnip tha^: executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my xa^d and official seal. Signature OFFICIAL SfAl JULIEANNE ROBERTS N01ARY milt CALtFOMM MINCIPAl OFFICE IN SAN DIEGO COUNTY My CommlMte^ (This area for official notarial seal) EXHIBIT "A" ' 1478 LEGAL DESCRIPTION A portion-of a parcel of land being Lots 3 and 4 and a portion of Lot 2 of Fractional Section 1 and portion of Lots 1,2,3,5,6,7, and 8 of Fractional Section 2 all in Township 135, R4W San Bernardino Meridian together with the unumbered Lots and Lot 2 and a portion of .Lots 1,3,4, 10, and 11 of Rancho Las Encinitas Map 848 in the City of Carlsbad, County of San Diego, State of California. STATE OF CALIFORNIA }ss.COUNTY OF Orange j 5 On June 20, 1983 , before me, the undersigned, a Notary Public in and for § said State, personally appeamd Michael K. Ryan and <£ 1__! ' , personally known to me (or proved to me on the * c basis of satisfactory evidence) to be the persons who executed the within instrument as I I V . P . Lan d &„><&* and S^- V-P- La$4**W. on behalf of DAON CORPORATIONi.<nvn ^wiij; --/J-iiiJ. j. vjj.i the corporation therein named, and acknowledged to me that 4 d^"^^^ OFFICIAL SEAL such corporation executed the within instrument pursuant to its TiffiKifSS.ri ., «^.- « , .tV%A«%«a9 Notary Public - California by-laws or a resolution of its board of directors. -v>»3m **^ . \ ^^^/ My Commission Expires Oct 1,1985 50 WITNESS my hand and official seal. CO o ! TJ/1 , ' // . ,£} ORANGE COUNTY nission Expires Oct »•»•»•*•»•»«••»»»»»»»»»»»»»< Q 'L I If I /,) i sv t / I ~ t ^ r *-* V\J Y \n Signature^/ ' 'U.^L..CX-CL ^ <- ' (This area for official notarial seal) Marcia A. Brown