HomeMy WebLinkAboutCT 86-02; CAL FED ENTERPRISES; 1992-0312185; Public Facilities Fee Agreement/Release,•*""••
Recording Requested By v^
and Return To:
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Rfi,( 3C ft 1992-0312185
86J 21-nAY-1992 03=16 PH
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
RELEASE OF AGREEMENT 4.00 FEES'- 8.00
TO PAY PUBLIC FACILITIES tffeES 3.00
HM 1.00 / -;
PLEASE TAKE NOTICE that the Agreement for Payment Of Public Facilities Fees
between the City of Carlsbad and CAL FED ENTERPRISES (86-12)
required by an Application for CT-86-2/PUD-98
04/01/86
released for the following reason:
O Fees Paid and Obligation Satisfied
Six Application Withdrawn
D Other
., as Document No. 86-125318
and recorded on
is hereby
DATED:
ATTEST:
as*
MARTIN ORENYAI
Community Development-Director
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney
By
KAREN
DEPUTY CITY ATTORNEY
REVISED 9/90 FRM00021
STATE OF CALIFORNIA )
/ s s
COUNTY OF SAN DIEGO )864
On ^l^e^ 4^ S7SJL-* , before me the undersigned, a
Notary Public in ^arid-Tor said State, personnally appeared Aletha L.
, known to me to be theRautenkranz City Clerk
of the City of Carlsbad, a Municipal Corporation of the State of California,
knov*n 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.
Of FtCIAL SEALKAREN RKUNDTZ
MOf AW PWUC • CAUFOMIIA
SAUOIESOCOUKTVMy. Corma Exp. S>pl 27. 1993
OGK60i
RECORDING, REQUESTED BY^ND
WHEN .RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
86-125318
-! Will: 12
4 YOU I.. LYLE
Space above t-his 1 1 n
Documentary transfer taxzj/ $ N-
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No.
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this _13thday of January
by and between CAL FED ENTERPRISES
19 86
(name of developer-owner)
Corporation , hereinafter referred to as
(Corporat ion , partnership, etc.;
"Developer" whose address is 840 NEWPORT CRNTRP np.Jm n
(street)
NEWPORT BEACH, CA. 92660 and THE CITY OF
(City,state,zipcode)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200
Carlsbad, California, 92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described
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:
TO DEVELOP APPROXIMATELY 595 RESIDENTIAL DWELLING UNITS IN A PORTION DF
RANCHO CARRILLO
REV 4-2-82
(IT
Ow. 602
J?' "'X .'' ^
on said P.roperty, wh icrP^deve lopment carries the pWposed name of
' PORTION OF CARRIIJJO RANCH
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 13th day of January t
19 86 , with the City a request for
TENTATIVE MAPS
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
,- : "•"'•,. i"**5*^ J".
"NOW, THEREFORE. ... consideration of the rec .als and theUi,'^ -
covenants contained herein, the parties agree as follows:
1. The Developer 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
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 "other construction
permits", "other construction 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 necessary 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-
REV 4-2-82
• ' •" _ L Ot 604C
<2 . The Developer 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 offers to donate a site o „•
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. 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 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
descr ibed.
-4-
REV 4-2-82
. . — .^Oo 605
6. All obi igat iov-», hereunder shall terminativ ,.n 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
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
Ridhard C. Jack
VICE PRESIDENT
(Title)
BY
CITY OF CARLSBAD, a municipal
corporation of the
State of California
!ity Manager
(Title)
ATTEST:
.' . ALEJHA L. RAUJENJLRANZ, <git'y cYerk
APPROVED AS TO
APPROVED AS T
. BtO ty Attorney
» VJNCENT F. BIONDO, JR.,
» Ci ty At torney
(Notarial ackn
attached.)
REV 4-2-82
o
STATE OF CALIFORNIA
COUNTY OF ORA NGE
607
SS.
13±h _ day of _ JanuaryOn this
a Notary Public in and for said County and State, personally appeared.
RICHARD C. JACK, JR.
. 19_86, before me, the undersigned
personally known to me (or proved to me on the basis of satisfactory evidence to be the person who executed
the within instrument "* Vice President, and = personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within
instrument as Secretary of or on behalf of the corporation, 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 and official seal.OFFICIAL SEAL
LORENEE.FRAZIER
NOTARY PUBLIC-CALIFORNIA
ORANGE COUNTY
My Comm. Expire May 27 1989
(This area for official seal)
Name (Typed or Printed)
T1102
CAL FED ENT.
LEGAL, DESCRIPTION ^ ' * "
.ORDER NO. 897585-20
EXHIBIT
The land referred to herein Is situated in the State of California, County of
San Diego, and is described as follows:
PARCEL 1:
All that portion of Sections 18 and 19, Township 12 South, Range 3 West, San
Bernardino Base and Meridian, according to the Official Plat thereof, in the
City of Carlsbad, County of San Diego, State of California, being more
particularly described as follows:
Beginning at a 2 inch iron pipe with disc marked "RCE 9416" accepted as the
Northwesterly corner of LA COSTA MEADOWS UNIT NO. 3, according to said Map No.
7076; thence North 0°52'06" East along the West line of said Section 19 a
distance of 1337.52 feet and North 0003'A6" West a distance of 1153.82 feet to
the TRUE POINT OF BEGINNING; thence leaving the West line of said Section 19
North 54°40'00" East 2065.80 feet; thence North 8°51'23" East 1907.40 feet;
thence North 21°26'31" West 30.00 feet to the centerline of Road Survey No. 757,
Palomar Airport Road; thence North 68°33'29" East along said centerline a
distance of 723.02 feet; thence leaving said centerline South 16°13'00" East a
distance of 1640.18 feet to the East line of the East Half of the Southwest
Quarter of said Section 18; thence South 0°42'37" East along said East line a
distance of 291.42 feet to the Northeast corner of the Northwest Quarter of said
Section 19; thence South 0°20'46M West along the East line of said Northwest
Quarter a distance of 498.91 feet; thence leaving said East line South 85°50'40"
West 749.94 feet; thence South 4°09'20" East 688.38 feet; thence South 85°50'40"
West a distance of 92.05 feet to the beginning of a 2000.00 foot radius curve
concave Southerly; thence Westerly along the arc of said curve through a central
angle of 21°00'00" a distance of 733.04 feet; thence South 64°50t40" West a
distance of 1165.58 feet to the beginning of a tangent 2000.00 foot radius curve
concave Northerly; thence Westerly along the arc of said curve through a central
angle of 16°29'25" a distance of 575.62 feet to the above mentioned West line of
said Section 19; thence leaving said curve North 0°03'46" West along said West
, line of Section 19, a distance of 587.94 feet to the TRUE POINT OF BEGINNING.
' PARCEL 2:
Being a portion of Fractional Section 24, Township 12 South, Range 4 West, San
Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego,
State of California, according to the Official Plat thereof said portion being
more particularly described as follows:
Beginning at the East Quarter Corner of said Section 24 as shown on Record of
Survey 6416 on file in the Office of the Recorder of said County; thence along
the Easterly line of said Section 24, North 00°03'46" West 1339.02 feet to the
Southeast corner of Government Lot 1 of said Fractional Section; thence leaving
said Easterly line along the Southerly line of said Lot 1, North 89°23'12" West
256.29 feet to a point in the Easterly boundary of RANCHO AGUA HEDIONDA; thence
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LEGAL, DESCRIPTION ^~* (\ v RQ9 * CAL FE° ENT<
O^DER NO. 897585-20
along said Rancho line South 02'38'00" East 1341.36 feet to a point on the
Southerly line of the Northeast Quarter of said Fractional Section 24; thence
leaving said Rancho line along said Southerly line South 89*28'04"_East to the
Point of Beginning. J
8m/bp
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