HomeMy WebLinkAboutCT 84-35; FALCON HEIGHTS DEVELOPMENT/FALCON INVESTMENTS; 88-456838; Public Facilities Fee Agreement/ReleaseRecording Requested By^
and Return Jo:
CITY OF CARLSBAD "'
1200 Elm Avenue
Carlsbad, CA 92008
88 458838
V O t| O
RELEASE OF AGREEMEN"
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AR2.00
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L. LYLETO PAY PUBLIC FACILITIES FEES
PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities
Fees between the City of Carlsbad and Falcon Heights Development &
Falcon Investments (84-120)
required by an Application for CT 84-35/ZC-318
12/17/84 ., as Document No. 84-468766
and recorded on
is hereby
released for the following reason:
|_X5^ Fees Paid and Obligation Satisfied
| | Application Withdrawn
|~~| Other
DATED:
CITY OF CARLSBAD
^MARTIN
Community Development Director
V ''
merfct Di:
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
VINCEJHj F.
Ci t/At/toir
* 0949
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
&f said Municipal Corporation, and acknowledged to me that such City of
Carlsbad, California, executed the same.
WITNESS my hand the official seal.
OFFICIAL SfcAL
KAREN
NOTARY PUBLIC-CALIFORNIA J
SAN DIEGO COUNTY *
*
Recording Requested By
and Return To:
CITY OF CARLSBAD
[1m Avenue
id, CA 92008
88 **2i253
B8AUS25* £W!0*
LYLE
EASE
RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES
TAKE NOTICE that the Agreement For Payment Of Public Facilities
fes between the City of Carlsbad and Falcon Heights Development &
FAlcon Investments (84-120)
required by an Application for CT 84-35/ZC-318
12/17/84 as Document No. 84-468766
and recorded on
is hereby
released for the following reason:
|xx~| Fees Paid and Obligation Satisfied
| | Application Withdrawn
|~| Other
DATED:8/12/88
CITY OF CARLSBAD
By _^,
MARTIN ORENYM
Community Development Director
</\TATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney
By .
-VPROVED AS TO FORM:
VIN6CNT F. BIONDO, JR.,
D R. BALL
224
STATE OF CALIFORNIA )
) ss .
COUNTY OF SAN DIEGO )
On August 17, 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.
I****"**********"************ ^^V OFFICIAL SkAL *
? fe^ ..J?_REN R- KUNOTZ *
(fl
Recording Requested By"
and Return To:
CITY OF CARLSBAD
00 Elm Avenue
Isbad, CA 92008 AH 8*
RELEASE OF AGREEMENT \
TO PAY PUBLIC FACILITIES FEES
PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities
Fees between the City of Carlsbad and Falcon Heights Development &
Falcon Investments (84-120)
VERA L. LYLE I
COUHTY RECORDER I"™'"""T|
RF4.00
AR2.00
~MG l.OC
required by an Application for CT 84-35/ZC-318
December 17, 1984 , as Document No. 84-468766
released for the following reason:
and recorded on
is hereby
Fees Paid and Obligation Satisfied
|~| Application Withdrawn
|~~| Other
DATED:August 2, 1988
CITY OF CARLSBAD
MARTIN ORENYAK"
Community Development Director
ATTEST:
(La.
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney
By
10 AS TO FORM:
V/^MT F. BSONDO, JR., CITY AT£pRNEY
***S3+.fe
RONALD R. BALL
STATE OF CALIFORNIA )
) ss .
COUNTY OF SAN DIEGO )
On August 10. 1988 , before me the undersigned, a
Notary Public in and for said State, personnally 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 the official seal.
,**„***** **************!* _^_ OFFICIAL SEAL *
KAREN R. KUNDTZ $
NOTARY PUBLIC-CALIFORNIA +
SAN DIEGO COUNTY *
My Comm. £xp Sept. 27, 1989 *
*****
84-468768
RECt,
WFfEN
CITY
1200
Carl
RDING REQUESTED BY AW
RECORDED MAIL TO :
OF CARLSBAD
Elm Avenue
sbad, California 92008
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Documentary transfer tax: $ No fee
Signature of declarant determining
tax-firm name
City of Carlsbad
i „ 167-100-07Parcel No.
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 24th day of
by and between
FALCON HEIGHTS DEVELOPMENT, LTD.,
(Nameof Developer)
July , 1984
a A CALIFORNIA LIMITED PARTNERSHIP
(Corporat ion, partnership, etc . )
"Developer" whose address is
5205 Kearny Villa Way
hereinafter referred to as
San Diego, CA. 92123
(Street)
(City,State,ZipCode)
and FALCON INVESTMENTS , INC.
(Nameof Legal Owner)
a NETHERLANDS ANTILLES CORPORATION , hereinafter referreWto (a\
(Corporat ion, etc. )
"Owner" whose addrea* is
6116 West Washington Boulevard
(Street)
Culver City, CA. 90230
(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.
901
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; portion of
a 248 lot, single family development
on said Property, which development carries the proposed name of
FALCON HILLS
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 24th day of July ,
1984 , with the City a request for annexation, prezone, and
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-
REV 4-2-82
902
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 2Z
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", "other construction permit" and "entitlement for use" as
used in this agreement, except in reference to mobilehome sites or
-3-
REV 4-2-82
$03
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 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
r • '-
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-
904
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
des cribed.
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 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
905
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 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.
III
-6-
4-2-82
906
EXHIBIT "A"
LEHAL DESCRIPTION
THAT PORTION OF LOT "J" OF THE RANCHO AQUA HEDIONDA, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF,
NO 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 4,
TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNADINO BASE AND MERIDIAN, AS
SHOWN ON SAID MAP NO. 823; THENCE NORTH 7° 00' 00" EAST 1535.00 FEET,
MORE OR LESS, TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO
BENTON B. CALDWELL, ET UX, RECORDED AUGUST 15, 1951 IN BOOK 4205, PAGE
235 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE OF SAID CALDWELL'S
LAND, SOUTH 18° 20' 30" EAST 1354.00 FEET, MORE OR LESS, TO THE SOUTHWEST
CORNER OF SAID CALDWELL'S LAND, BEING A POINT ON THE CENTER LINE OF SAID
SECTION 4; THENCE WEST ALONG SAID CENTER LINE, A DISTANCE OF 1809.00 FEET
TO THE POINT OF BEGINNING.
907
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER:
Falcon Investments, Inc.
il
i*d-a
(Nanfe)
(Signature)
(Name)
(Signature;
ATTEST:
ALBTHA L. >
Ci/ty Cleric
APPROVED AS TO FORM;
FALCON HEIGHTS DEVELOPMENT,
DEVELOPER: LTD., A CALIFORNIA LIMITED
PARTNERSHIP
By: MIKE FOOTE DEVELOPER , INC ., ACALIFORNIA CORPORATION, GENERAL
PARTNER
BY Michael 3. Foot) s
TITLE President
CITY OF CARLSBAD, a municipal
corporation of the
State of California
VINCENT F. BIONDO, JR.,
City Attorney
(Notarial acknowledgement of execution by DEVELOPER and OWNER must be
attached. )
-7-
REV 4-2-82
STATE CALIFOFWIA _, .COUNTY OF "an Diego
On July 24, 1984
ss.908
sard State, personally appeared
, before be, the undersigned, a Notary Public in and for
Michael J. Foote and
, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as
. President and Secretary, on behalf of.
Mike Foote Developer, Inc.
the corporation therein named, and acknowledged to me that
said corporation executed the within instrument pursuant to its {WWVWUUVWWUVV\ VrfWAftW-vv1
OFFICIAL SEA""
KATHLEEN RISER
by-laws or a resolution of its board of directors, said corporation
being known to me to be the general partner of ™^ 1 con
Heights Development, Ltd.
the limited 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 m
Signature
N07AR;' PUBLIC •
PR.'NCiPAl OFFiCt It
SAN DIEGO COUNTY
My Commission Expires February 26, 1983
(This area for official notarial seal)
On this the day of 1984, before me, the undersigned,
a Notary Public in and for said County and State, personally appeared -
Michael J. Foote, President of Mike Foote Developerr Inc.. agent for Falcon
Investments, N.V. _ , personally known to me or proved to me on the ba-
sis of satisfactory evidence to be the person(s) whose name(s) is (are) sub-
scribed to the within instrument and acknowledged that he executed the same,