HomeMy WebLinkAboutGPA 68C; WESTERN LAND DEVELOPMENT CO; 84-374698; Public Facilities Fee Agreement/ReleaseAT THE REQUEST OftSAFECO TITLE INSURANCE CO.
Recording Requested By
THE CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
1273
i or SAN uiGu tUUNi Y,CA.
im OCT -2 PH 3- 25
LL°VEPAL.Lii.r
COUNTY KLCGkfO
RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES RF
MG 1
PLEASE TAKE NOTICE that the Agreement For Payment Of Public
Facilities Fees between The City of Carlsbad and
Western Land Development Conpany
required by an Application for
General Plan Amendment
GPA-68(C)
April 8, 1983
and recorded on
as Document No. 83-112770
is hereby released for the following reason:
l~~l Fees Paid and Obligation Satisfied
/X~7 Application Withdrawn
I~J Other
DATED: July 9, 1984
ATTEST:
ALETHA L. RAUTENK1
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
Daniel S.
By
CITY OF CARLSBAD
B
FRANK D. ALESHIRE,
City Manager
STATE OP CALIFORNIA)) ss
COUNTY OF SAN DIEGO)
On
1274
, before me the undersigned, a Notary
in/and -for sa'id State, personally appeared Frank D. Aleshire,
knowff to me to be the City Manager 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, executed
the same.
WITNESS my hand and official seal.
OFRCJAL SEAL
KAREN R. STEVENS
Notary Public - California
Principal Office In
San Diegg Ccunty
M» Commission Exjjms Sept 21. !§85
• RECOUPING'REQUESTED BY v ,n - •')' °
WHEN RECORDED MAIL TO: )
>
CITY OF CARLSBAD • . )
1200 Elm Avenue ) ,
Carlsbad, California 92008 ) '-'OJ APR -8 /.'!!{: Q?
M/\
Space above this line for R e c o r
|
Documentary transfer tax: $ No fee
Signature of dec'l a rant det ermining
tax-firm name
City of Carlsbad
Parcel No. / fi- Q£~0 "^^/ O^L ^O<? -01*0 -03
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this _1 day of April > 1983
by and between Western Land's Development Company
(n ame of developer-owner) '
a Partnership > hereinafter referred to as
(Corporat ion, par tnersh ip, etc.)
"Developer" whose address is 5200 El Cainino Real
(street)
Carlsbad, CA 92008 ' and THE CITY OF
(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is
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:
A General Plan Amendment .to change the existing land use from
RLM to RM and Community Commercial, on approximately 58 acres.
REV 4-2-82
•••^ 237
on s-aid Property, wh i c development carries the p posed name of
N/A
and is hereafter referred to as "Development"; and
/
WHEREAS, Developer filed on the 1 day of April
1983 i with the City a request for a General Plan Amendment
_____ Qr PA-
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, a-nd that the City's public facilities
and services are at capacity and will not be .available to accommod at e
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
><•' 238
• •'.' NOW, THEREFORE, i consideration of the re tals and the
• covenants contained herein, the parties agree as follows:
1. The Developer shall pay to the City a publi.c 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 b.e 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
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 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 det erminat i'on,. 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 th'e 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
described.
-4-
-'• 240
•'.'6. All obligatio hereunder shall terminat 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 toDeveloper 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 writ.ing 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 satisfiedj City shall record a release.
-5-
REV 4-2-82 " . •
•••'.; - 241
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
Western Land & Development Company
Ronald S. Schwab - partner
David F. Dawes - partner
(Title)
ATTEST:
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
ALETHA L. RAUTENKRANZ, City Cler
-APPROVED AS TO FORM:PROVED/AS
VINCENT F
HintscHke, Assistant
VINCENT F. BIONDO, JR.,
City At torney
(Not
at ti
REV
CAT. NO. NN00630
TO 1946 CA (7-82)
(Partnership)
STATE OF CALIFORNIA
COUNTY OF San Dieao
t
w
uz
1
TITLE INSURANCE
ANDTRUST
ATICOR COMPANY
On April 1, 1983
said State, personally appeared
before me, the undersigned, a Notary Public in and for
Ronald S. Schwab & Donald F. Dawes
, personally known to me or
proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as
Partners 26K»iS:}fSasafeH of the partnership
that executed the within instrument, and acknowledged
to me that such partnership executed the same.
WITNESS my hand and official seal.
Signature
^, , SEAL
RTcKl GEM CLAVIER
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO CO'JMTY
My comm. expires S3P ?.S, 1336
(This area for official notarial seal)
242
S-632021
E-24031
EXHIBIT "A"
PARCEL 1:
That portion of Lot "E" of Rancho Agua Hedionda, in the City of Carlsbad,
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 Corner No. 1 of said Lot "E" as said corner is shown on
Record of Survey Map No. 6169, filed in the Office of the County Recorder
of San Diego County; thence to and along the center line of the County
Road known as Road Survey No. 602, according to Map on File in the
Office of the County Surveyor of said County, North 66* 36' 08" West -
Record North 66* 57' 24" West- 1822.60 feet to the most Northwesterly
line of land described in deed to Jakob Wersching, et ux, recorded April
10, 1968 as File No. 59408 of Official Records and the True Point of
Beginning; thence along the Northwesterly line of said land North 29*
58' 38" East -Record North 29° 37' 22" East 1289.80 feet to the most
Northerly corner of said Wersching land; thence South 66* 36' 08" East
500.00 feet to an angle point in the boundary of land described under
Parcel 1 of Quit Claim Deed to Thomas E. Burke, recorded June 16, 1967
as File No. 86380 of Official Records; thence along the boundary thereof,
South 66* 36' 08" East 259.78 feet; South 89* 00' 59" East -Record South
89* 09' 42" East- 180.00 feet and North 56* 55' 40" East 180.11 feet -
Record North 56* 21' 08" East 180.00 feet- to the Easterly line of said
Lot "E" distant thereon North 0* 20' 40" East, 1664.64 feet from Corner
No. 1 of said Lot "E"; thence along said Easterly line North 0° 12' 22"
East 937.37 feet -Record North 0* 15' 51" East 937.31 feet- to corner
No. 13 of said Lot "E"; thence along the Southerly line of said Lot "E"
South 89* 30' 04" East -Record South 89° 26' 35" East- 783.26 feet;
thence North 34* 44' 03" East 663.15 feet to a 2 inch iron pipe with
Copper Disc marked RCE 6486; thence North 15° 54' 25" West 630.45 feet
to a point in the Southeasterly boundary of land described in deed to
Oceanside-Carlsbad High School District recorded November 27, 1970 as
File No. 216959 of Official Records; thence along said Southeasterly
boundary South 53* 22' 17" West 1166.81 feet to a 2 inch iron pipe with
copper disc marked LS 2940 as said pipe is shown on Record of Survey Map
No. 6616, filed in the Office of the County Recorder of San Diego'County;
being also an angle point in the boundary of the land shown on record of
survey Map No. 6616, filed in the Office of the County Recorder ot San
Diego County formed by the courses "North 51" 47' 48" East 1165.49 feet"
and "North 4* 20' 50" East 963.88 feet; thence along said boundary South
51* 47' 48" West 1165.45 feet -Record 1165.49 feet- and South 48° 19'
29" West, 404.15 feet to an angle point in the boundary of said Record
of Survey No. 6616; thence continuing along said boundary as follows:
SAFECO
243
S-6 32021
Page 2
South 65* 14' 32" West, 387.06 feet; North 77* 48' 20" West 635.06 feet;
South 65* 42' 27" West 494.30 feet; South 39* 44' 33" West, 339.77 feet
and South 30* 46' 06" West 331.55 feet to the center line of said Road
Survey No. 682; thence South 30* 46' 06" West to the Southwesterly line
of said Lot "E"; thence South 66* 54' 57" East -Record South 67° 16' 13"
East- to the Southwesterly corner of said Wersching's land; thence North
29* 58* 38" East along the Northwesterly line thereof, 10.06 feet to the
True Point of Beginning.
PARCEL 2:
That portion of Lot "E" of Rancho Agua Hedionda, in the City of Carlsbad,
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 Corner No. 1 of said Lot "E" as said corner is shown on
Record of Survey Map No. 6169, filed in the Office of the County Recorder
of San Diego County; thence to and along the center line of the County
Road known as Road Survey No. 682, according to Map on file in the
Office of the County Surveyor of said County, North 66* 36' 08" West -
Record North 66* 57' 24" West- 1822.60 feet to the most Northwesterly
line of land described in deed to Jakob Wersching, et ux, recorded April
10, 1968 as File No. 59408 of Official Records; thence along the North-
westerly line of said land North 29* 58' 38" -Record North 29* 37* 22"
East 1289.80 feet to the most Northerly corner of said Wersching land;
thence South 66* 36' 08" East 500.00 feet to an angle point in the
boundary of land described under Parcel 1 of Quit Claim Deed to Thomas
E. Burke, recorded June 16, 1967 as File No. 86380 of Official Records;
thence along the boundary thereof. South 66" 36' 08" East 259.78 feet;
South 89* 00' 59" East -Record South 89* 09' 42" East- 180.00 feet to
the True Point of Beginning; thence retracing North 89* 09' 42" West
180.00 feet; North 66* 36' 08" West 259.78 feet; North 66* 36' 08" West
500.00 feet and South 29* 37' 22" West 1330.06 feet to the Southwesterly
line of said Lot "E"; thence along said Southwesterly line South 67° 16'
13" East -Record South 67° 10' 00" East- 1164.63 feet; thence North 23*
02' 36" East 33.62 feet, more or less, to the most Westerly corner of
that parcel of land conveyed to Carroll R. Kelly and Wife, by deed
recorded May 2, 1962 as File No. 75052 of Official Records; thence along
the Northwesterly line of said land North 29* 37' 22" East -Record
Northeasterly- 1213.60 feet, more or less, to the Easterly line of said
Lot "E"; thence Northerly along said Easterly line 320.00 feet to a line
which bears North 56* 21' 08" East from the True Point of Beginning;
thence South 56* 21' 08" West 180 feet, more or less, to the True Point
of Beginning.
SAFECO
244
S-632021
Page 3
EXCEPTING that portion lying within a strip of land 60 feet wide East-
erly and Southeasterly line of said 60.00 foot strip being described as
follows:
Commencing at Corner No. 1 of said Lot "E" of said corner is shown on
Record of Survey Map No. 6169, filed in the Office of the County Recorder
of San Diego County; thence along the Easterly line of said Lot "E";
North 00" 11' 00" West 1509.15 feet and North 00° 06' 00" West 155.43
feet to the most Northerly corner of the land described in deed to
Thomas E. Burke, et al, recorded August 4, 1965 as File No. 139037 of
Official Records, being the True Point of Beginning of the herein described
line; thence along the boundary of said land, retracing along the East-
erly line of said Lot "E" South 00* 36' 06" East 155.43 feet and South
00° 11' 00" East 164.57 feet to an angle point in the boundary of said
Burke Land; thence continuing along said boundary. South 29* 37* 22"
West 1213.60 feet to the Northeasterly line of Road Survey No. 682.
The Southerly terminus of the Northwesterly line of said 60.00 foot
strip is to be prolonged or shortened so as to terminate in the North-
easterly line of said Road Survey No. 682.
PARCEL 3:
A strip of land 60.00 feet wide lying within Lot "E" of the Rancho Agua
Hedionda, in the City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 823, filed in the Office of the County
Recorder of San Diego County, November 16, 1896, the Easterly and Southeasterly
line of said 60.00 foot strip being described as follows:
Commencing at Corner No. 1 of said Lot "E" as said corner is shown on
Record of Survey Map No. 6169, filed in the Office of the County Recorder
of San Diego County; thence along the Easterly line of said Lot "E",
North OO'll'OO" West, 1509.15 feet and North 00e06'00" West 155.43 feet
to the most Northerly corner of the land described in deed to Thomas E.
Burke, et al, recorded August 4, 1965 as File No. 139037 of Official
Records, being the True Point of Beginning of the herein described line;
thence along the boundary of said land, retracing along the Easterly
line of said Lot "E", South 00°06'00" East 155.43 feet and South OO'll'OO"
East 164.57 feet to an angle point in the boundary of said Burke Land;
thence continuing along said boundary, South 29*17'22" West 1213.60 feet
to the Northeasterly line of Road Survey No. 682.
The Southerly terminus of the Northwesterly line of said 60.00 foot
strip is to be prolonged so as to terminate in the Northeasterly line of
said Road Survey No. 682.
SAFECO