Loading...
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No. 83-242004 is hereby released for the following reason: /~7 Fees Paid and Obligation Satisfied /~"7 Application Withdrawn 7x7 Other Agreement replaced by other agreement DATED:5-17-84 ATTEST: ALETHA L. RAUTE City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR.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.