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Home My WebLink AboutCT 83-30; RANCHO AGUA HEDIONDA/KEL, CAL AND KELLY; 1992-0415347; Public Facilities Fee Agreement/Releasei Recording Requested By and Return To: CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 = 7 tm. _. . n f m W I *r --- -~f » ' 1346 Ql-JUL-1992 03 = 02 PPI OFFICIAL RECORDS SAN niEGO COUNTY RECORDER'S OFFICE RELEASE OF AGREEMENT ANNETTE E^AHS, COUNTY JECORDER TO PAY PUBLIC FACILITIES 8.00 i- 00 HF:<•»•; L 00PLEASE TAKE NOTICE that the Agreement for Payment Of Public Facilities Fees between the City of Carlsbad and RANCHO AGUA HEDIONDA & KEL CAL & KELLY TRUST #1 (83-110) required by an Application for 10/21/83 released for the following reason: CT-83-30/GPA-65(B)/MP-m/SP-190 and recorded on _, as Document No. / 83-380690 is hereby Fees Paid and Obligation Satisfied Application Withdrawn Other APPLICATION EXPIRED k DATED: ATTEST: CITY OF CARLSBAD By MARTIN' Community Development Director City Clerk APPROVED AS TO FORM: RONALD R. BALL Acting City Attorney By BYi KAREN J. HIRATA DEPUTY CITY ATTORNEY REVISED 5/92 FRM00021 STATE OF CALIFORNIA COUNTY OF SAN DIEGO 1347 On June 29, 1992 before roe, the undersigned, a Notary Public in and for said State, personally appeared Karen R. Kundtz. known to me to be the Assistant City Clerk of the City of Carlsbad and known to me to be the person who executed the within instrument on behalf of said public corporation, agency or political subdivision, and acknowledged to me that such public corporation, agency, or political subdivision executed the same. WITNESS my hand ficial seal, ^Signature) Randee Harlib Name (Typed or printed) OFFICIAL SEAL RANDKHAMJB MyOonwMofc fetnuory 20. ' I ~..,-,^ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CadHLfornia 92008 2036 S3-3S0690 m & 00 VERA 1 O'i FCOUNTY Ficcm JlNOFEE Spaceabovethislinefor^Recorder Documentary transfer tax: $ No fee Signature of declarant determining tax-firm name City of 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 5 th day of October , 19 83 by and between Kel-Cal (Development Partners: Gal Communities & Kaufman and Broad nf Sn. (Nameof Developer) a Partnership , hereinafter referred to as (Corporat ion, partnership, et c. ) "Developer" whose address is /o Gal Communities. Inc. 18002 Sk Park nirr.te Irvine. Ca. 92714 (Street) (City, State, Zip Code) and Kelly Trust No. 1 and Rancho Aqua Hedionda_ (Name of Legal Owner) a , Trust and Partnership , hereinafter referred to as (Corporat ion, etc.) "Owner" whose address is - ' /o Gal Communities, Inc. 18002 Sky Park Circle, Irvine, Ca. 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. t ' • • • * .r- . 2037 PARCEL NUMBERS 207-101-12v ^07-100-15^ 208-020-32 208-020-33 208-020-30/ 208-020-17' 208-020-28 2038RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit "A", attached to and made a part of this agreement, ^nd 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: 1600 max, unit Planned Community. on said Property, which development carries the proposed name of Kelly Ranch (Preliminary name) and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 5 th day of October 19 83 , with the City a request for Specific / Master Plan & Tentative Map 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 services resulting from the proposed .Development;' and -2- DPV A-9- 2039 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of.- th-e date first written above. OWNER:DEVELOPER: KAUFMAN & BROAD OF SOUTHERN CALIFORNIA, INC. Ken Glandt TITLE Assistant Secretary BY TITLE ATTEST: A^dism** CITY OF CARLSBAD, a municipal corporation of the State of California BY ALETHA L. RAUTENKRANZ. City Clerk APPROVED AS TO FORM: ^ C/ity"Manager RM: 'JR., City Attorney schkeAssistant VINCENT F. BIONDO, JR., City Attorney STATE OF CALIFORNIA (Noti attac • COUNTY OF Los Angeles j53 nnthi, 22nd Hnyof September 1(?83 hf,fnrA mf, thfi a Notary Publi^ in and for sn'i<~\ Cnunty nnd Rtntp> pRreonniiy nppfinr«d undersigned. oersonallv known to me ("or Droved to me on the basis of of satisfactory evidence to be the REV President, and isen Ulana'D personally known to me (or proved to me on the basis of satisfactory evidence) to be try ARS1 StanA"- Secretary of the corporation that executed the within instrument, and known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same, pursuant to its laws, or a resolution of its Board of Directors. WITNESS my hand OFFICIAL SEAL DIANE M. PONDER Notary Puoltc - California L.A. COUNTY >e Name (Typed or Printed) PR-45(10) Rev. 6-82 2040 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER:DEVELOPER: yyi'gju^ i4• ^ ^ BY TITLE_ BY TITLE ATTEST: ALETHA L. RAUTENKRANZ. City Clerk APP CITY OF CARLSBAD, a municipal corporation of the State of California BY C/tyManager City Attorne (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) -7- REV A-2-82 c01o IDO>C'?to'W o £ STATE OF CALIFORNIA COUNTY OF } }ss.2041 said State, personally appeared , before me, the undersigned, a Notary Public in and for ^>*^e\C^N «" A *' -*" personally known to me (or proved to me on the basis or satisfactory eyidenpel to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/jhev executed the same. WITNESS my hand and official seal. Signaturi PFS61052 4M &82 STATE OF C, COU OF FORNM On_ }ss. said State, personally appeared. (This area for official notarial seal) I for personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same.' WITNESS my hand and official seal. Signatun PFS61052 4M 8-82 Cl OFFICIAL SEAL YOLANDA F. MITCHELL NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commfssion Expires Oct 26,1964 (This area for official notarial seal) EXHIBIT "A LEGAL DESCRIPTION A portion of a parcel of land being comprised of Lot. 1 of Rancho Agua Hedionda, a part of which lies in the City of Carlsbad and a part of which lies outside of the City of Carlsbad, along with a portion of Lot 1 of Rancho Agua Hedionda in the City of Carlsbad, and along with a portion of Lot F of Rancho Agua Hedionda, all in the County of San Diego, State of California, according to Map No. 823, filed in the office of the County Recorder of Said county.