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HomeMy WebLinkAboutCT 83-21; TREETOPS UNLIMITED; 90-179984; Public Facilities Fee Agreement/Release90 179984 Recording Requested By and Return To: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 1098 90 APR -1, Wf 8s 13 V£RA i, i Y< r i COUNTY f"f.fGRnFft 1 RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES RF6.00 AR2.00 MQ1.00 PLEASE TAKE NOTICE that the Agreement For Payment of Public Facilities Fees between the City of Carlsbad and Treetops Unlimited (83-102) required by an Application for CT-83-21/PUD-57 /0~/0 -S3 and recorded on , as Document No. 83-363017 is hereby released for the following reason: r j Fees Paid and Obligation Satisfied ( 1 Application Withdrawn TDH Other Superseded by Record # 85-281748 Dated: March 23, 1990 ATTEST: A LETHAL . RAD TENKRA N Z J City Clerk APPROVED AS TO FORM CITY OF CARLSBAD By MARTIN Community Development Director . ment Di VIWCENT F. BIONDO; JR. City Attorney 1099 STATE OF CALIFORNIA ) ) ss . COUNTY OF SAN DIEGO ) On March 27. 1990 f 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 NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN SAN OIEGO COUNTY My. Comm. Exp. Sept 27.1993 •RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad^ California 92008 570 83-363017 •r- '"•53 CCT ! G fl; g 55 NO FEE Space above this line for Recorder's use Documentary transfer tax: $ No fee-'U Signature of declarant determining tax-firm name City of Carlsbad Parcel No .167-100-10 , 42 , 43/168-040-12 , 13 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 day of Treetops Unlimited \nazie af developer-owner) a Joint Venture (Corporation, partnership, etc.) "Developer" whose address is 3900 Harney Street , hereinafter referred to as (street San Diego, Ca. 92110 ' and THE CITY OF ^(Ci ty, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is l^Kr~£Tm Avein Carlsbad, California, 92008. WITNESSETH: * WHEREAS, Developer is the owner of the real properTy~TTe~rc~r~Ibed 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: Construction of Multiple Residential Dwelling Units REV 4-2-82 n~r~C / ; — 571 .on' said Property, whicff'deve lopment carries the pfSposed name of and is hereafter referred to as "Development"; and t .WHEREAS, Developer filed on the «^V day of 19 gj . with the -C-ity a request for Village "O" and "P-l" in Calavera Hills Tentative Map Approval 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 ...;.;.-,;.. . . ... ' •- 572- - ... ... NOW', THEREFORE, in" con s ider at ion 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 en 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 of- 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 /'oth'er construction permits", "other construct ion•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 necassary 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- -..:,-:: . • - -. 573 ^ss"^' ,2-. The Developer may offer to donate a site tfr 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.entitleraent 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* . m 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. .; 574 . L " ,,-f*'1 ' "•-.. " '*>• . • • 6. All obi igat ioiV*"1'hereunder shall t erminn t^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 4-2-82 575 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: TREETOPS UNLIMITED Pacific Scene Inc. Vice- P/fcfe sj/<afen t CITY OF CARLSBAD, a municipal corporation of the State of California BY Assistant Secretary Financial Scene Incorporated BV£jLs2S*^^2^//^/"Vice-President City Manager Attorney . AL3TRA L. RAU^ENKE&NZ, • » * APPROVED AS TO FORM: APPROVES AS T V - -B ty Attorney entschke, Assistant VINCENT F. BIONQO, JR., '• City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) • -6- REV A-2-82 STATE OF CALIFORNIA) COUNTY OF SAN DIEGO)ss:576 On this 24th day of August , 19 83 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Gary Carter proved to me on the basis of satisfactory evidence to be the vice President, and Wilbur E. Johnson > known to me to be the Assistant Secretary, of PACIFIC SCENE, INC., the corporation that executed the within instrument otTbehalf of said corporation, said corporation being known to me to be one of the joint ventures of TREETOPS UNLIMITED, the joint venture that executed the within instrument, and acknowledged to me that such corporation executed the same, both indi- vidually and as joint venturer of said joint venture, and that such joint venture also executed the same. •WITNESS my hand and official seal. -Notary'Public in and for said County and State w MNMMD COUNTY My Commission Expires Apr 24, 1987 STATE OF CALIFORNIA) COUNTY OF SAN DIEGO)ss: On this 25th day of August , 1983, before me, the undersigned, a Notary Public in and for said county and state, personally appeared Brooke Hblloway known to me to be the known to me to be the Asst. Vice President, and Assistant M. E. Taylor Secretary, of FINANCIAL SCENE INCORPORATED, the corporation that executed the within instrument, said persons being known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the joint venturers of TREETOPS UNLIMITED, the joint venture that executed the within instrument, and acknowledged to me that such corporation executed the same, both individually and as joint venturer of said joint venture, and that such joint venture also executed the same. .WITIvlESS^my hand and official seal. ^Z: )^]^ ' Notary Public in and for said county and state. OFFICIAL SEAL LAURA M WITHERS NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. expirss SEP 30, 1985 57 JOB NO. 7649R LECAL DESCRIPTION FOR-' PROPOSED VILLAGES N, 0 & P-l RS/dws , ™'WJ3^{ DATE 8-29-83 SHEET 1 OF 2 FORM 468 P>WCO PRESS PUNNING CONSULTANTS AND CIVIL ENGINEERSRICK ENGINEERING COMPANY 8620 FRIARS ROAD . SAN DIEGO, CALIFORNIA 82110 TELEPHONE . AREA CODE 714 . 291-0707 Being a portion of Lots "D" and "J" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California according to Map 823, filed in the Office of the Recorder of San Diego County, said portion more particularly described as follows: Beginning at the Northwesterly corner of Record of Survey No. 9336 filed in the Office of the Recorder of said county; thence along the Northerly line of Lot "J" as shown on said Record of Survey North 70°04'37" East (Record North 70°04'42" East) 515.00 feet to the TRUE POINT OF BEGINNING, thence continuing North 70°04'37" East 2985.15 feet to the Easterly line of Lot "J"; thence along said Easterly line South 13°27'33" East 353.77 feet (Record South 13e27'35" East 353.75); thence leaving said Easterly line North 89°19'04" East (Record North 89°19'07" East) 790.00 feet to an angle point in the boundary of said Record of Survey 9336; thence along the boundary of said Record of Survey the following courses. South 13°27'33" East 360.00 feet, South 59°51'59" West (Record South 59°51'57" West) 804.26 feet to a point in the arc of a non-tangent 2000.00 foot radius curve concave Southeasterly, a radial line to said point bears North 46°15'36" West (Record North 46°15'10" West); Southwesterly along said curve through a central angle of 15*42'33" (Record 15°42'39") an arc distance of 548.35, to a point of reverse curvature with a 50.00 foot radius curve concave Northerly; Westerly along said curve through a central angle of 79*58'09" (Record 79"57'49") an arc distance of 69.79 feet; North 72000'00" West 88.57 feet to the beginning of a tangent 50.00 foot radius curve concave Southerly and Easterly; Westerly and Southerly along said curve through a central angle of 129C05'00" an arc distance of 112.65 feet; South 21°05'00" East 444.98 feet; thence leaving said boundary South 71*09'49" West 695.83 feet; thence South 9°46'05M West 323.84 feet to a point in a non-tangent 300.00 foot radius curve concave Southwesterly, a radial line to said point bears North 31C53'41" East; thence Northwesterly along said curve through a central angle of 21*07'41" an arc distance of 110.63 feet; thence North 79°14'00" West 227.57 feet; thence South 10e46'00M West 30.00 feet; thence North 84e23'13" West 570.03 feet; thence North 73*08'00" West 280.00 feet to an angle point in the boundary of said Record of Survey 9336; thence along the boundary of said Record of Survey the following courses, North 28'37'41" West 482.64 feet; North 70'04'37M East (Record North 70°04'46" East) 167.64 feet; South 13°46I34" East 176.94 TITLE CO. REFERENCE COMPANY ORDER NO.DATE DESCRIPTION REVISIONS • Y DATE JOB MO. 76A9R LEGAL DESCRIPTION FOR' PROPOSED VILLAGES N, 0 & P-l BY RS/dws CHK'D. DATE 2-29-83 SHEET 1 OF 2 4*>e PRESS 5 7.&. PLANNING CONSULTANTS AND CIVIL ENGINEERSRICK ENGINEERING COMPANY 8820 FRIARS ROAD . SAN DIEQO. CALIFORNIA 92110 TELEPHONE . AREA CODE 714 . 291-0707 feet (Record 176.97 feet) South 39°00'23" East 372.00 feet; North 85°29'37" East 480.00 feet; North 26°10'23" West 500.00 feet; North 16°49'53" West 218.38 feet; South 70°04'37" West (Record South 70°04'46" West) 699.57 feet; North 15'00'DO" West 140.00 feet; North 31°30'00" West 360.00 feet; North 3°30'00" West 190.00 feet; North 43°00'00" West 380.00 feet; North 42°45'55" West 95.62 feet (Record North 42°46'18" West 95.60 feet) to the TRUE POINT OF BEGINNING. Containing 110.512 acres. TITLE CO. REFERENCE COMPANY ORDER NO.DATE DESCRIPTION REVISIONS BY DATE