HomeMy WebLinkAboutCT 83-29; CARLSBAD INVESTORS LTD/WARMINGTON HOMES; 88-282933; Public Facilities Fee Agreement/Release1468 88 282933
Recording Requested By
and Return To:
CITY OF CARLSBAD
1200 Elm Avenue
_Carlsbad, CA 92008
RF4.00
AR2.00
MG1.00 14 8 t,3
RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES
rLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities
Fees between the City of Carlsbad and r.arisbad investors Ltd. &
Warmington Homes (83-105) ;
required by an Application for CT 83-29/PUD-61
10/25/83 , as Document No. 83-384441
and recorded on
is hereby
released for the following reason:
^cxxj Fees Paid and Obligation Satisfied
| | Application Withdrawn
|~~| Other
DATED: 5-23-88
CITY OF CARLSBAD
By
MARTIN ORENYAK
Community Development Erectorntw'i
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
RONALD 0. BALL
1469
STATE OF CALIFORNIA )
) ss .
COUNTY OF SAN DIEGO )
On June 3, 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 _
o£ the City o£ 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.
£*****************»,,,,»,,,,*,,,,,„„«,» Notary Bub
* jri&SbL OFFICIAL SEAL } __ / J
I §**Sm KAREN R- KUNDTZ $
* «M«8R/ NOTARY PUBLIC-CALIFORNIA J
J X^^' SAN DiEGO COUNTY *
4, My Comm. E*p. Sept 27. 1989 Jj*
* *
w
'.^CORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
3 83-384441
JpOFFp,f||]|^j
083 OCT 2S AH 9: fc.9
VERA LJ.-YLE
:O«~H£Space above this line f o*~"*ecorder ' s-trs*
Documentary transfer tax: $ No fee
NO FEE
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No./ 7 / - 03 ,
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this Sthday of October , 1983
by and between -
Warmington Homes
a California Corporation
(Corporation, partnership, etc.)
"Developer" whose address is
(NameofDeveloper)
, hereinafter referred t
3090 Pullman Street - / /,
Costa. Mesa, Ca. 92626
(Street)/vv r\J y
(City, State, Zip Code)
and Carlsbad Investors, LTD.
(Name of Legal Owner)
California Limited. Partnership , hereinafter referred to as
vCorporat ion, etc.)
"Owner" whose address is
17941 Mitchell Street
(Street)
Irvine, California 92714
(City, State, Zip Code)
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.
RECITALS
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;
Residential Development
on said Property, which development carries the proposed name of
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 6th day of October
1983 » with the City a request for •
Major Planned Development and Tentative Map
dr
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 (s aid' e lenient 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 services
resulting from the proposed Development; and
-2-
REV 4-2-82
WHEREAS, Developer and Owner have 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 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 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 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 terras "other construction
permits", "other construction permit" and "entitlement for use" as
used in this agreement, except in reference to mobilehome sites or
-3-
REV 4-2-82
66
projects, shall not refer to grading permits or other permits for the
construction of underground or street improvements u.nless 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 Para.graph 1 above. If Developer 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 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-
r\ r» t F A _ 1 __ Q O
**"*'> ,f a rfb7
A. City agrees to deposit the fees paid pursuant to this
agreement in a public facilities fund for the financ.ing 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 p.arty 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.
-5-
REV 4-2-82
68
8. This agreement shall be binding upon and sh.all 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 O.wner 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 but 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-
4-2-82
69
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER:
Carlsbad Investors. LTD.
ypi ers
Managing General Partner
DEVELOPER:
Warminaton Homes
BY
TITLE
ATTEST
A. IA nA
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
CITY OF CARLSBAD, a municipal
-corporation of the
State of California
BY
City Manager
isctiike, Assistanf
(Notarial acknowledgement of execution by DEVELOPER and OWNER must be
attached.)
ua
IdX
uijo.
I
I
TO 442 CA (3-73)
(Partnership)
STATE OF CALIFORNIA
COUNTY OF Orange
on October 6, 1983
before me, the undersigned, a Notary1 Dwight W. Spiers
70
> ss.
Public in and for said State, personally appeared
4^9 TITLE INSURANCE
J^J AND TRUST
AT1COR COMPANY
— , known to me
to be one _of the partners of the partnership
that executed the within instrument, and acknowledged to me
that such partnership executed the
WITNESS^my.'
Signature?
A. June Barrier
Name (Typed or Printed)
OFFICIAL SEAL <
A JUNE BARRIER ?
NOTARY PUBLIC - CALIFORNIA t(
ORANGE CQUWY I
My comm. expires NOV 9, 1984 fl
>.
a.
U
I
STATE OF CALIFORNIA
ORANGECOUNTY OF_
on October 1983 _, before me, the undersigned, a Notary Public in and for
said State, personally appeared MI.CTiae.1 W.
known to me to be the Sr " VlCe President, and TTLT —
known to me to be the Secretary of the corporation that executed the within instrument,
and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named, and ac-
knowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board c
directors.
WITNESS my hand and official seal.
£ Signature .
OFFICIAL SEAL
SAUNDKARANTZ
NOTART PUBLIC - CALIFORNIAomME COUNTY
JUN 27, 1386
Saundra Rantz 7
Name (Typed or Printed)(This area for official notarial toal)
71
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
. PARCEL 1:
THOSE PORTIONS OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 29 AND
THE WEST HALF OF SECTION 28, ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST
QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, THENCE ALONG THE
NORTHERLY LINE OF SAID EAST HALF OF THE NORTHEAST QUARTER, NORTH 89*58'20"
EAST 294.68 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 600.00 FEET AND THE TRUE POINT OF
BEGINNING OF THE HEREIN LAND; THENCE SOUTHEASTERLY ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 63'10'41" AN ARC DISTANCE OF 661.60 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 26'50'59" EAST 389.48 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1700.00
FEET; THENCE SOUTHERLY ALONG SAID LAST MENTIONED CURVE, THROUGH A CENTRAL
ANGLE OF 9°37'29" AN ARC DISTANCE OF 285.57 FEET; THENCE TANGENT TO SAID
LAST MENTIONED CURVE SOUTH 17*13'30" EAST 1187.36 FEET TO THE BEGINNING OF
A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1250.00 FEET; THENCE
SOUTHERLY ALONG SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF
23*30'00" AN ARC DISTANCE OF 512.69 FEET TO THE BEGINNING OF A REVERSE
CURVE CONCAVE EASTERLY HAVING A RADIUS OF 500.00 FEET; THENCE SOUTHERLY
ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 20*00'00" AN
ARC DISTANCE OF 174.53 FEET; THENCE RADIAL TO SAID LAST MENTIONED CURVE
NORTH 76*16'30" EAST 243.89 FEET; THENCE NORTH 13*46'30" WEST 48.75 FEET
TO AN ANGLE POINT IN THE BOUNDARY OF LAND CONVEYED TO THE STATE OF
CALIFORNIA FOR FREEWAY PURPOSES AS DESCRIBED IN PARCEL 3-8 AMENDED IN A
FINAL ORDER OF CONDEMNATION, RECORDED JULY 18, 1963, RECORDER'S FILE NO.
125395; THENCE ALONG THE BOUNDARY OF SAID STATE LAND, AS FOLLOWS:
NORTH 62*25'35" EAST 223.20 FEET -RECORD NORTH 63*10'48" EAST 223.02
FEET-; NORTH 03*32'19" WEST 608.49 FEET - RECORD NORTH 02*50'55" WEST
608.36 FEET-; NORTH 22*17'46" WEST 528.38 FEET -RECORD NORTH 21*37'49"
WEST 528.42 FEET-; NORTH 28*48'54" WEST 640.22 FEET -RECORD NORTH
28*09'00" WEST 640.36 FEET-; NORTH 27*50'22" WEST 529.46 FEET -RECORD
NORTH 27*09'30" WEST 523.36 FEET-; AND NORTH 26*50'29" WEST 478.39 FEET
-RECORD NORTH 26*10'00" WEST 478.32 FEET- TO A POINT ON THE NORTH LINE OF
SAID SECTION 29, THENCE ALONG SAID NORTH LINE SOUTH 89*58'20" WEST 646.06
FEET TO THE POINT OF BEGINNING.
EXCEPT THEREFROM THAT PORTION WHICH LIES WITHIN PARCEL 3-B AMENDED OF THE
ABOVE DESCRIBED FINAL ORDER OF CONDEMNATION.
EXCEPT THEREFROM ALL MINERAL RIGHTS NOT HERETOFORE OTHERWISE CONVEYED OR
RESERVED, INCLUDING WITHOUT LIMITATION ALL OIL, GAS, HYDROCARBON AND
SIMILAR RIGHTS, AND ALL WATER, WATER RIGHTS, GEOTHERMAL STEAM AND STEAM
AMENDED 1103454 PAGE 8
POWER, WITHIN OR UNDERLYING SAID LAND, TOGETHER WITH THE PERPETUAL RIGHT
OF DEVELOPMENT THEREOF; PROVIDED., HOWEVER, THAT THE RIGHTS HEREIN EXCEPTED
DO NOT INCLUDE THE RIGHT TO ENTER UPON THE SURFACE AND THE TOP 500 FEET OF
THE SUBSURFACE OF THE REAL PROPERTY, AS RESERVED BY OCCIDENTAL LAND, INC.,
WHO ACQUIRED TITLE AS OCCIDENTAL PETROLEUM LAND AND DEVELOPMENT
CORPORATION, A CALIFORNIA CORPORATION IN DEED RECORDED APRIL 28, 1981,
RECORDER'S FILE NO. 81-128449 AND BY J. LARRY BALLARD, A MARRIED MAN, AS
HIS SOLE AND SEPARATE PROPERTY IN DEED RECORDED APRIL 28, 1981,
RECORDER'S FILE NO. 81-128451.
PARCEL 2:
THOSE PORTIONS OF THE NORTHWEST QUARTER OF SECTION 28 AND THE EAST HALF OF
THE NORTHEAST QUARTER OF SECTION 29, ALL IN TOWNSHIP 12 SOUTH, RANGE 4 W,
SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 28; THENCE
SOUTH 88*59'30" EAST ALONG THE NORTH LINE OF SAID SECTION
28, 1363.04 FEET TO THE NORTHERLY TERMINUS OF THAT CERTAIN
COURSE DESCRIBED AS "SOUTH 0*34'01" WEST 50.00 FEET" IN
PARCEL 1 OF DEED TO STATE OF CALIFORNIA RECORDED
DECEMBER 3, 1965, IN FILE NO. 218351 OF OFFICIAL RECORDS; THENCE ALONG
THE BOUNDARY DESCRIBED IN SAID PARCEL 1, THE FOLLOWING COURSES
AND DISTANCES: SOUTH'0*34'23" WEST 50.07 FEET (RECORDED
SOUTH 0*34'01" WEST 50.00 FEET) TO THE BEGINNING OF A TANGENT
CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 530.00 FEET;
THENCE ALONG SAID CURVE AND THROUGH A CENTRAL ANGLE OF
31'58'46" AN ARC LENGTH OF 295.82 FEET TO THE BEGINNING
OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF
' 470.00 FEET; THENCE ALONG SAID CURVE AND THROUGH A CENTRAL ANGLE
OF 25°19'28" AN ARC LENGTH OF 207.74 FEET; THENCE
SOUTH 6*04'55" EAST, TANGENT TO LAST-MENTIONED CURVE,
1800.58 FEET (RECORDED SOUTH 6*05'17" EAST 1800.51 FEET)
TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY
AND HAVING A RADIUS OF 25.00 FEET; THENCE ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 82*59'35" (RECORDED 82*59'57")
AN ARC LENGTH OF 36.21 FEET; THENCE SOUTH 76*54'40" WEST,
TANGENT TO LAST-MENTIONED CURVE, 151.35 FEET (RECORDED
SOUTH 76*54'40" WEST 151.34 FEET); THENCE NORTH 13*05'20"
WEST 20.00 FEET; THENCE SOUTH 89*32'33" WEST 175.51 FEET
(RECORDED SOUTH 89*30'11" WEST 175.91 FEET); THENCE NORTH
33*52'41" WEST, ALONG THE BOUNDARY DESCRIBED IN SAID PARCEL 1
AND ALONG THE BOUNDARY OF A PARCEL OF LAND CONVEYED TO THE
STATE OF CALIFORNIA IN PARCEL 3-B AMENDED, OF A FINAL ORDER
OF CONDEMNATION RECORDED JULY 18, 1963, IN FILE NO. 125935
OF OFFICIAL RECORDS, 150.87 FEET (RECORDED IN SAID PARCEL 1,
TOGETHER WITH SAID PARCEL 3-B AMENDED AS NORTH 33*51'38"
WEST 150.36 FEET); THENCE ALONG THE BOUNDARY LINE OF SAID
AMENDED 1103454 PAGE 9
73
PARCEL 3-B AMENDED, NORTH 45*25'34" WEST 471.35 FEET
(RECORDED AS SOUTH 45*25'54" EAST 471.28 FEET); THENCE
NORTH 36*39'58" WEST 303.36 FEET (RECORDED AS SOUTH 36*40'51"
-EAST); THENCE NORTH 29*22'35" WEST 700.30 FEET (RECORDED AS SOUTH
29'22'39" EAST 700.16 FEET); THENCE NORTH 28*08'51" WEST
340.30 FEET (RECORDED AS SOUTH 28*09'00" EAST 340.36 FEET);
THENCE NORTH 27*09'30" WEST 514.91 FEET (RECORDED AS SOUTH
27*09'30" EAST 514.88 FEET); THENCE NORTH 24*40'18" WEST
349.96 FEET (RECORDED AS SOUTH 24*40'18" EAST 349.99 FEET
TO A POINT ON THE NORTH LINE OF SAID SECTION 29; THENCE LEAVING
THE BOUNDARY OF SAID PARCEL 3-B AMENDED, SOUTH 89*20'30" EAST
ALONG THE NORTH LINE OF SAID SECTION 29, 135.90 FEET TO
THE POINT OF BEGINNING.
EXCEPTING FROM THAT PORTION LYING WITHIN THE EAST HALF OF. THE NORTHWEST
QUARTER OF SAID SECTION 28, ALL CRUDE OIL, PETROLEUM, GAS, BREA, ASPHALTUM
AND ALL KINDRED SUBSTANCES AND OTHER MINERALS IN AND UNDER SAID LAND BUT
WITHOUT THE RIGHT TO ENTER UPON THE SURFACE OF SAID LAND ABOVE A DEPTH OF
500.00 FEET TO EXPLORE FOR OR EXTRACT SAME.
ALSO EXCEPTING ALL MINERAL RIGHTS NOT HERETOFORE OTHERWISE
CONVEYED OR RESERVED BY GRANTOR, INCLUDING WITHOUT LIMITATION
ALL OIL, GAS HYDROCARBON AND SIMILAR RIGHTS, AND ALL WATER,
WATER RIGHTS, GEOTHERMAL STEAM AND STEAM POWER, WITHIN OR
UNDERLYING THE REAL PROPERTY HEREIN CONVEYED, TOGETHER WITH THE PERPETUAL
RIGHT OF DEVELOPMENT THEREOF; PROVIDED, HOWEVER, THAT THE RIGHTS
HEREIN RESERVED AND EXCEPTED DO NOT INCLUDE THE RIGHT TO ENTER
UPON THE SURFACE AND THE TOP 500 FEET OF THE SUBSURFACE OF THE
REAL PROPERTY HEREIN CONVEYED, AS RESERVED BY OCCIDENTAL LAND,
INC., FORMERLY KNOWN AS OCCIDENTAL PETROLEUM LAND AND DEVELOPMENT
CORPORATION, IN DEED RECORDED JULY 22, 1982, RECORDER'S FILE NO.
82-225475.
AMENDED 1103454 PAGE 10