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| | Application Withdrawn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