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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and recorded on is hereby released for the following reason: ^cxxj Fees Paid and Obligation Satisfied | | Application Withdrawn |~~| Other DATED: 5-23-88 CITY OF CARLSBAD By MARTIN ORENYAK Community Development Erectorntw'i ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: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