HomeMy WebLinkAboutGPA/LU 83-12; CARLSBAD INVESTORS LTD; 84-212518; Public Facilities Fee Agreement/Release1515
Recording Requested By
Return totTHE CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
m M -6 PH 2: 5U
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
CARLSBAD INVESTORS, LTD.
RF6.00
MG l.OQ
required by an Application for
GPA/LU 83-12 '
General Plan Amendment
and recorded on
August 11, 1983 , as Document No. 83-242004
is hereby released for the following reason:
/~7 Fees Paid and Obligation Satisfied
/~"7 Application Withdrawn
7x7 Other Agreement replaced by other agreement
DATED:5-17-84
ATTEST:
ALETHA L. RAUTE
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney
By
CITY OF CARLSBAD
By.FRANK D. ALESHIRE,
City Manager
A^t-»v^i
STATE OF CALIFORNIA)) ss,
COUNTY OF SAN DIEGO)
1516
On C^t'Xg' *?7 /?/1^ / before me the undersigned, a Notary
Public in and for said State, personally appeared Frank B. Aleshire,
known 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.
OFFICIAL SEAL
KAREN R. STEVENS
Notary Public - California
Principal Office In
San Diego County
My CammsMfi Eipnu Sepl 21, IMS
1083
•RECORDING SEQUESTED BY AND )
WHEN RECORDED MAIL TO: )
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
-282004
P53 AUG i I PH 2- 00
-«•- COUKTY RECORDER
*> I L-—. _,«_i
Documentary transfer tax: $ No fee
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No.214-171-03 & 16
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 29 thday of July , 19__83_
CARLSBAD INVESTORS LTD.by and between
(name of developer-owner)
a limited partnership
(Corporation, partnership, etc.)
, hereinafter referred to as
"Developer" whose address is 17941 Mitchell St. Irvin Q?714
(street)
and THE CITY OF
(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose addres:
Carlsbad, California, 92008.
WITNESSETH:
WHEREAS, Developer is the owner of the reaT 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:
Request to attend the General Plan on 10 acres at Paseo del Nbrte & Poinsettia
_: from EM tn T?MH —
REV 4-2-82
.^1084
. .- ,-• won,said Property, which development carries the proposed name of
(to be determined at a later date)
and is hereafter referred to as "Development"; and
/
WHEREAS, Developer filed on the 29 d ay of July
19 _ gl, with the City a request for General Plan ftpjendraent f ran EM to
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
„ - 1095
.
• ' NOW, THEREFORE,Wh consideration of the res^tals and the
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
i
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 io 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
? ^,1086
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 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.
A.' 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
described.
-A-
- * J<M087 . *mft6. 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,
f^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 manneis:
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 an'd 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 re'corded but shall not create a lien
or security interest in the Property. When the obiigations, of this
*
agreement have been satisfied, City shall record a release.
-5-
PPV A-7-R2
/""VJtK.1088
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
CARLSBAD INVESTORS LTD.
(name)
BY ^_
DW1GHT bP .LtiKb
.PARTNER
GENERAL PARTNER
(Title)
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk7
APPROVED AS TO FORM:
Ichke. Assistant
VINCENT F. BIONDO, JR.,
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.)
-6-
REV 4-2-82
1089
State of California
County of Orange
On this first day of August, in the year 1983, before me, A.
June Barrier, Notary Public in and for the State of California, per-
sonally appeared Dwight W. Spiers, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person that
executed this instrument, on behalf of the partnership anjd; acknowledged
to me that the partnership executed it.
OFFICIAL SEAL
A JUNE BARRIER
NOTARY PUBLIC • CALIFORNIA
ORANGE COUNTY
My cotnm. expires NOV 9, 1984
A. June Barrier
EXHIBIT "A1
LEGAL DESCRIPTION
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 V,
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'Or 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
3r58'46" 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
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.
- ^0,1091
EXCEPTING FROM THATTtlRTlON LYING WITHIN THE EAST H*^ 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 OTHBIWISE
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.