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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and recorded on is hereby released for the following reason: - ' | | Fees Paid'and Obligation Satisfied | Application Withdrawn |xx| Other Application Expired DATED: October 19, 1988 CITY OF CARLSBAD MARTIN ORENYAK Community Development Director ATTEST: ALETHA L. RAUTENKRANZ City Clark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