HomeMy WebLinkAboutMS 591; BOWKER, DON/KILLEFER TRUST/LAKE CALAVERA; 88-569086; Public Facilities Fee Agreement/Release* „*
8 8 settts
Recording Requested By
and Return To:
CITY OF CARLSBAD •
1200 Elm Avenue
Carlsbad, CA 92008
'88NOV-7 AH 8*06
1 VERA L. LYLE 1[_j;OUHTY RECORDER[
RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES
RF4X)0___
AR2.QO_
PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities
Fees between the City of Carlsbad and Bowker, Don Trustee, Killefer Trust
& Lake Calavera (82-80)
required by an Application for MS-591 .
, as Document No. 82-279903
and recorded on
is hereby
released for the following reason: - '
| | Fees Paid'and Obligation Satisfied
| Application Withdrawn
|xx| Other Application Expired
DATED: October 19, 1988
CITY OF CARLSBAD
MARTIN ORENYAK
Community Development Director
ATTEST:
ALETHA L. RAUTENKRANZ
City Clark
APPROVED AS TO FORM:
VINCENT F. BIOriDO, JR.
Citv Attornev
/r f^du^S^L^u^^
T\J FORM:
KEY
RONALD R. BALL
2281
STATE OF CALIFORNIA )
) ss .
COUNTY OF SAN DIEGO )
On October 28, 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.
******************************
OFFICIAL SEAL J
KAREN R. KUNDTZ J
NOTARY PUBLIC-CALIFORNIA S
SAN DIEGO COUNTY *
+ My Comm. Exp. Sept. 27, 1989 J
******************************
Notary JPjib
(_—-^
^RECORDING REQUESTED BY TND
WHEN*RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
379 82-279803
RECORDED IN
OFFICIAL RECORDS
too? crp -Q AM in- c;l,i.!-, v>i.l ij /-ill IU ij
VFPA L IV F !-T I- t \ f -** .«"»• • *J«lt~ i—."— " |Space above this line for iggiccn?ct;er.;Vsn"ci s<
Documentary transfer} tax: $ No fee
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. / fc -30
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this /JL day of /Qtt^bs -/ , 19' "- '
by and between Martha Ki liefer Trust - Don N. Bowker. Trustee &
Lake Calavera Hills Associates
(name of deve loper -owner )
a limited partnership ___, hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 1207 Elm Avenue, Suite D
(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^_Ls—1 ? 0 fl _£ 1 n^ ^v e n u e .
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:
FEE
REV 4-2-82
. -..' '.38 G-w*»on said Property, which development carries the proposed name of
Calavera Hills
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 19 d ay of August
19 82 , with the City a request for tentative parcel 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 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.
REV 4-2-82
381
NOW, THEREFORE, consideration of the rec als 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
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 determination, when
raad^, 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-
nf\r A _ O _ Q O
383
• 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 what soever • 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
^384
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
LAKE CALAVERA HILLS ASSOCIATES
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
R. J. Warn, ^General partnerTfrrni
71 - 0,4-
B3 Rnwkpr. I imitpri Partner
(Title)Trustee of the Martha Kiliefer Trust
ATTEST:
City Manager
ALETHA L. RAUTENKRANZ, City Cleik
APPROVED AS TO FOR
VINCENT F. BIONDO, JR.,
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
at tached.)
•6-
REV 4-2-82
TO 1944 CA (8-74)
(Individual)
STATE OF CALIFORNIAm
COUNTY OF
TITLE INSURANCE
ANDTRUST
ATICOR COMPANY
SS.
T
I
UIa.uxt u
I
~ ?~-6' /$J?L , the undersigned, a Notary Public in andfor said
State, personalljWippeared
t , known to me
subscribed OFFICIAL SEAL
OSWALD A. HUNT
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
VENTURA COUNTY
My Commission Expires June 7, 1985
the within instrument and acknowledged
(This area for official notarial seal)
to
executed the same.
WITNESS my hand and official seal
Signature
STATE OF CALIFORNIA>
COUNTY OF_ San Dd
On
SS.
before me, the undersigned, a Notary Public in and for said County
and State, personally appeared.
ROY J. WARD.
known to me
to HP the General Partner ,sgpgcs& Of the partnership
that executed the within instrument, and acknowledged to me that
such partnership executed the same.
O Signature-
§1 /1 £\ I
SAFECO
FOR NOTARY SEAL OR STAMP
vvwwwww
OFFICIAL SEAL
STEPHEN M. L'HEUREUX
NOTARY PUBLIC - CALIFORNIA;
PRINCIPAL OrriCE IN
SAN DIEGO COUNTY
My Commission Expires December 17. 1934
O 386
engineering company
civil engineering A surveying
455 N. Hal* Av.nu. Elcondido. California 92025 T.Uphon.: (714) 74I-»»2I
JOB NO.
505
LEGAL DESCRIPTION FOR:
CALAVERA HILLS
FWF
CHK'D.8-16-82 1 of 4
THAT PORTION OF LOTS "D", "E" AND "J" OF THE RANCHO AGUA
HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA ACCORDING TO THE PARTITION MAP THEREOF
NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
INU . a £3, r ±±jCiU A IN inr. vjr r xv^r< ur mjL ^wuiNii KE,^VF.L>CJI\ wr 0^1.
COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE -SOUTHEAST CORNER OF BAY SHORE, UNIT NO. 2,
ACCORDING TO MAP THEREOF NO. 7671, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY ON JUNE 21, 1973, SAID
POINT ALSO BEING THE NORTHEAST CORNER OF LAND SHOWN ON THE
MAP OF CARLSBAD TRACT NO. 76-12, ACCORDING TO MAP THEREOF
NO. 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY ON DECEMBER 16, 1980; THENCE ALONG THE BOUNDARY
OF SAID LAND SHOWN ON SAID MAP NO. 9935 THE FOLLOWING
COURSES SOUTH 1057'58" WEST, 610.73 FEET; THENCE NORTH
14°18'41" WEST, 173.76 FEET; THENCE SOUTH 55°37'57" WEST,
223.84 FEET; THENCE SOUTH 6048'26" WEST, 453.90 FEET;
THENCE SOUTH 23°20'54" WEST, 177.99 FEET; THENCE SOUTH
67°31'58" WEST, 104.70 FEET; THENCE SOUTH 6°54'14" WEST,
213.64 FEET; THENCE SOUTH 35°11'24" WEST, 151.63 FEET;
THENCE NORTH 72°22'50" WEST, 179.53 FEET; THENCE NORTH
59°48'28" WEST, 131.06 FEET; THENCE NORTH 10°25'27" WEST,
66.60 FEET; THENCE NORTH 79°40'12" WEST, 118.90 FEET;
THENCE NORTH 43°09'20" WEST, 153.79 FEET; THENCE NORTH
81°24'45" WEST, 96.91 FEET; THENCE SOUTH 7°41'08" WEST,
190.89 FEET; THENCE SOUTH 8°22'30" EAST, 203.47 FEET;
THENCE SOUTH 28031'33" EAST, 327.41 FEET; THENCE SOUTH
13°32'45" WEST, 98.54 FEET; THENCE SOUTH 59°25'45" WEST,
133.52 FEET; THENCE SOUTH 15°39'32" WEST, 352.78 FEET;
THENCE SOUTH 57°49'13" EAST, 56.58 FEET; THENCE SOUTH
0°21'05" WEST, 2,179.90 FEET; THENCE NORTH
89°36'23" WEST, 265.56 FEET; THENCE SOUTH 1°15'07" WEST,
150.30 FEET; THENCE SOUTH 9°46'50" WEST, 112.79 FEET;
THENCE SOUTH 20°53'19" WEST, 126.01 FEET; THENCE SOUTH
14°40'43" WEST, 57.10 FEET; THENCE SOUTH 7°13'27" WEST,
135.34 FEET; THENCE SOUTH 11°36'18" WEST, 65.24 FEET,
TITLE CO.
REFERENCE
COMPANY
ORDER NO.
DESCRIPTION REVISIONS
DATE
O387engineering company
civil engineering A lurveying
455 N. Hal* Av«nu«. Etcondido. California 92025 T.I.phone: (7 U) 741-»»21
JOB NO.
505
LEGAL. DESCRIPTION FOR:
CALAVERA HILLS
FWF
CHK'D.8-16-82 2 of 4
SAID CURVE THROUGH A CENTRAL ANGLE OF 15°47'30" A DISTANCE C
264.D4 FEET; THENCE TANGENT TO SAID CURVE SOUTH 21°12'30" WES
455.73 FEET; THENCE LEAVING THE BOUNDARY OF SAID CARLSBAD TRS
NO. 76-12 NORTH 0°34'50" EAST, 944.01 FEET; THENCE
NORTH 89°25'10" WEST. 300.00 FEET; THENCE SOUTH 0°34'50" WEST,
660.00 FEET TO THE BOUNDARY OF LAND SHOWN ON SAID MAP NO. 9935;
THENCE ALONG THE BOUNDARY OF SAID LAND THE FOLLOWING COURSES
NORTH 8-9° 25'10" WEST, 317.25 FEET; THENCE NORTH 0°34'50" EAST,
987.75 FEET; THENCE NORTH 24022'57" WEST, 1,829.13 FEET; THENCE
NORTH 24°25'34" WEST, 1,805.09 FEET; THENCE NORTH 70°04'37" EAST,
515.00 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 42°45'55" EAST,
95.64 FEET; THENCE SOUTH 43°00'00" EAST, 380.00 FEET; THENCE
SOUTH 3030'00" EAST, 190.00 FEET; THENCE SOUTH 31°30'00" EAST,
360.00 FEET; THENCE SOUTH 15°00'00" EAST, 140.00 FEET TO THE
BOUNDARY OF SAID TREETOPS UNLIMITED LAND DESCRIBED IN DEED
RECORDED JUNE 19,1979 AS FILE/PAGE NO. 79-252293; THENCE ALONG SAID
TITLE CO.
REFERENCE
COMPANY
ORDER NO.
DESCRIPTION REVISIONS
388
engineering company
civil engineering & surveying
455 N. Hoi. Av.nu.. Etcondido. California 92025 T.l.phon.: (714)741-9*21
JOB NO.
505
LEGAL DESCRIPTION FOR:
CALAVERA HILLS
BY FWF
CHK'D.
DATE
8-16-82
SHEET
3 of 4
BOUNDARY NORTH 70004'37" EAST, 699 .57 FEET TO THE BOUNDARY OF LAND
CONVEYED TO TREETOPS UNLIMITED BY DEED RECORDED MARCH 26 , 1980 AS
FILE/PAGE NO. 80-102577; THENCE ALONG SAID BOUNDARY THE FOLLOWING
COURSES SOUTH 16°49'53" EAST,218. 38 FEET; THENCE SOUTH 26°10'23"
EAST, 500.00 FEET; THENCE,SOUTH 85°29'37" WEST, 480.00 FEET; THENCE
NORTH 39°00'23" WEST, 372 . 00 FEET; THENCE NORTH 13°46'34" WEST,
17 6. 9 4 FEET; THENCE LEAVING SAID TREETOPS LAND SOUTH 70 °04 ' 37" WEST,
167.64 FEET TO THE WEST BOUNDARY OF LAND CONVEYED TO SAID TREETOPS
UNLIMITED BY SAID.DEED RECORDED AT FILE/PAGE~NO. 80-102577 ; THENCE
SOUTH 28°37'41" EAST, 482.64 FEET; THENCE SOUTH 2°54'50"WEST, 350.00
FEET; THENCE SOUTH 17°25'10" EAST, 430.00 FEET; THENCE SOUTH 24°25'10"
EAST, 490.00 FEET; THENCE SOUTH 10°43'01"EAST, 257.35 FEET: THENCE
SOUTH24025'10" EAST, 430.00 FEET; THENCE SOUTH 48°05'12"EAST, 200.00
FEET ; THENCE SOUTH 24°25'10" EAST, 300. 00 FEET;
THENCE NORTH 59°09'50" EAST, 587.00 FEET; THENCE NORTH
43°29'50" EAST, 339.00 FEET; THENCE SOUTH 80°08'50" EAST,
71.22 FEET TO A POINT IN THE ARC OF A 1,000.00 FOOT RADIUS
CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS
SOUTH 75°17'40" EAST; THENCE NORTHEASTERLY, NORTHERLY AND
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 33°19'32" A DISTANCE OF 581.64 FEET; THENCE TANGENT
TO SAID CURVE NORTH 18°37'12" WEST, 583.62 FEET; THENCE
NORTH 31°37'23" WEST, 372.70 FEET; THENCE NORTH 1°04'50"
EAST, 105.00 FEET; THENCE NORTH 79°14'50" EAST, 650.00 FEET;
THENCE SOUTH 87°15'10" EAST, 740.00 FEET; THENCE SOUTH
71°31'39" EAST, 651.98 FEET TO THE PROPOSED
CENTERLINE OF COLLEGE BOULEVARD; THENCE ALONG SAID PROPOSED
CENTERLINE AND CONTINUING ALONG SAID TREETOPS BOUNDARY
NORTH 29040'59" EAST, 420.00 FEET; THENCE LEAVING SAID
PROPOSED CENTERLINE AND CONTINUING ALONG SAID TREETOPS
BOUNDARY NORTH 59°02'50" WEST, 373.81 FEET; THENCE NORTH
80°35'00" WEST, 1,240.00 FEET; THENCE NORTH 21005'00" WEST,
444.98 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY; THENCE CLOCKWISE ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 129°05'00" A
DISTANCE OF 112.65 FEET; THENCE TANGENT TO SAID CURVE SOUTH
72°00'00" EAST, 88.57 FEET TO THE BEGINNING OF A TANGENT
50.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE
COUNTER-CLOCKWISE ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 79°58'09" A DISTANCE OF 69.79 FEET TO A
POINT OF REVERSE CURVATURE WITH A 2,000.00 FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT
FROM SAID 2,000.00 FOOT RADIUS CURVE BEARS NORTH 61°58'09M
WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 15°42'33" A DISTANCE OF 548.35
FEET TO A POINT IN THE ARC OF SAID CURVE TO WHICH A RADIAL
LINE BEARS NORTH 46°15'36" WEST; THENCE LEAVING SAID CURVE
NORTH 59°51'59" EAST, 804.25 FEET (RECORD = 804.26 FEET)
THENCE NORTH 13°27'33" WEST (RECORD = NORTH 13°37 ' 33" WEST)
TITLE CO.
REFERENCE
COMPANY
ORDER NO.DATE
DESCRIPTION REVISIONS
BY DATE
389engineering company
ivil engineering & surveying
455 N. Hal* Av.nu.. Elcondido. California 92025 T.Uphont; (714) 74I-»»JI
JOB NO.
505
LEGAL. DESCRIPTION FOR:
CALAVERA HILLS
BY
FWF
CHK'D.
DATE
8-16-82
SHEET
4 of 4
360.00 FEET TO THE NORTH BOUNDARY OF SAID LAND SHOWN
ON SAID MAP NO. 9935; THENCE LEAVING SAID TREETOPS BOUNDARY
ALONG SAID NORTH BOUNDARY OF SAID MAP NO. 9935 NORTH
* 89°19'04" EAST, 1,113.60 FEET; THENCE CONTINUING ALONG SAID
NORTH BOUNDARY NORTH 89°19'35" EAST, 2,580.39 FEET TO THE
POINT OF BEGINNING.
EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY THAT PORTION
THEREOF CONVEYED TO CARLSBAD MUNICIPAL WATER DISTRICT BY
DEEDS RECORDED JANUARY 9, 1967 AS DOCUMENT NO. 2637 SERIES
8, BOOK 1967, OFFICIAL RECORDS, AND JANUARY 9, 1967 AS DOC-
UMENT NO. 2642, SERIES 8, BOOK 1967, OFFICIAL RECORDS.
I HEREBY STATE THAT THE ABOVE DESCRIBED PARCEL OF LAND
CONTAINS 503.704 ACRES.
CJ..
FRANCIS W. FITZPATRICK, JR.
L.S. 4539
Q-f7-8Z.
TITLE CO.
REFERENCE
COMPANY
ORDER NO.DATE
DESCRIPTION REVISIONS
BY DATE