HomeMy WebLinkAboutSDP 832; PALOMAR VENTURE; 89-163034; Public Facilities Fee Agreement/Release'0466
Recording Requested 8y
and Return To:
CITY OF CARLSGAD
J200 Elm Avenue
Carlsbad, CA 92003 83 HIE 30 PN2:t*5
RELFA5E OF AG
1 VERAt. LYLE
H£CORO
I
LJ
TO PAY PUBLIC FACILITIES FEES
RF'4.00
AR 2.00_
MG1.00
PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities
Fees between the City of'Carlsbad and Palomar Venture (82-53)
required by an Application for SDP-832-1/V-339
, as Document No. 82-187228
released for the following reason:
ot Fees Paid and Obliation Satisfied
Aoolication Wi thdrawn
O;ther
and recorded on
. is hereby
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney
CITY OF CAFJS5.-.0
/ ^^-^V^ /*- * " t i % ^
MARTIN~ORENYAl^C
Community Development Director
D A3 TO FORM:
F. BIONDO, JR., CITY A
RONALD R. BALL
" 0467
STATE OF CALIFORNIA )
) ss .
COUNTY OF SAN DIEGO )
On March 24, 1989 , 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.
f £***##**# ******** ***********
OFFICIAL SEAL J
KAREN R. KUNDTZ $
S tSfe/ NOTARY PUBLIC-CALIFORNIA J
'> SAN DiEGO COUNTY *
y Comm Exp. Sept 27, 1989 $
RECORDING REQUESTED BY AND ; ' ^ ^ _„
WHEN RECORDED MAIL TO: ) j ^COPT "1 M-. • OFFICIAL :'i.v;:;-'Rs' ICFSAN j;;G:;:ri.:;7Y.cA.
CITY OF CARLSBAD )
1200 Elm Avenue ) 1982 JUN 17 F9 12- 05
Carlsbad, California 92008 )yv'pj/.;.,:;..:,.!;:.. !'l^i i u£e J"|J;-^ j
Documentary transfer tax: $ No fee N0
Signature or declarant determining
tax-firm name
City of Carlsbad
Parcel No. :';2LQ~l7Q-Q<i
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 2 4th3 ay of May > 1982
by and between Palomar Venture
(name of developer-owner)
a partnership , hereinafter referred to as
(Corporation,partnership,etc.)
"Developer" whose address is 31877 Del Obispo, Suite 211/ San Juan Capistrano,
(street)•
California , 92675 and THE CITY OF
(C ity, state, zip code)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avejy
Carlsbad, California, 92008.
WITNESS ETH:
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:
fi 7 n n o C^Q-J^^ T*P> "Foo-j- in^lvistiri 9.X-
REV 4-2-82
'33?
587on said Property, which development carries the proposed name of
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the ,£ */' day of
, with the City a request for
site development plan approval
/I/
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.
•- 9 •—
REV 4-2-82
•" 588 ';NOW, THEREFORE, ttS consideration of the recYfals.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 in1
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
589
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 sha'll 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
described.
/. _. 1 ._ Q O
590 ,, • _ *f*\ "••*«,
• 6. All obligation^hereunder shall termination 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 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.
— S —
REV 4-2-82
591
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
Pclornar Voature
(Title)
BY
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
(Title)
ATTEST:
L. RAUTENKRANZ, City Cler
APPROVED AS TO FORM:
APPROVEE/AS
VINCENT F. BIONDO, JR.,
City Attorney
,VirMWltlN I 17.^. TT:
(Nc
att
REV
TO 1948 CA (8-74)
(Partnership)
STATE OF CALIFORNIA
COUNTY OF _ Orange \ ss.
t
r»n Mav 24. 1982
torney
592
before me, the undersigned, a Notary Public in and for said State, personally appeared-D. K. Dahlke ***
general .known to me
tO bC-^MM^_of the of the partnership
me
u- lu l?r yx ga <• 4~ r"L pi T" VL ^iic |iamida ui me paiiueis
H , that executed the within instrument, and acknowledged to
• that such partnership executed the same.
1 WITNESS my hand and official seal.
Signature.
Suzafine Hayes
TITtE INSURANCE
ANDTRUST
A TKOR COMPANY
OFFICIAL SEAL
SUZANNE HAYES
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires NOV 12, 1982 }
(This area (or official notarial ml)
/ *59
- i
EXHIBIT "A"
*-— ^6
THE LAND REFERRED TO HEREIN IS SITUATED
CALIFORNIA, COUNTY OF SAN DIEGO* AND IS
IN THE STATE
DESCRIBED AS
OF
FOLLOWS:
PARCEL l:
ALL THAT PORTION OF LOT "H" OF RANCHO AGU» HEDIOND4,
IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 823 FILED.IN THE OFFICE CF CCUNTY RECORDER
OF SAN DIEGO COUNTY, NOVEMbEK 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF PARCEL 2 OF CEEO TO THE
STATE OF CALIFORNIA, RECORDED JUNE IB, 1965, RECORDER'S FILE NO. 106756
OF OFFICIAL RECORDS, SAID POINT HAVING COORDINATES Y EQUALS 352,082.18
FEET AND X EQUALS 1,670,550.47 FEET AND SAID POINT ALSO BEING AT THE
NORTHERLY TERMINUS OF A COURSE DESIGNATED AS NORTH 26*lCtOO" WEST, 1450.00
FEET; THENCE SOUTH 26*10«QO" EAST ALONG SAI C WESTERLY LINE OF SAID DEED
1,342.00 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTHEASTERLY AND
SOUTHWESTERLY ON THE ARC OF A TANGENT 335.00 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY THROUGH A CENTRAL ANGLE OF 48-30'00" AN ARC DISTANCE OF
283.57 FEET; THENCE SOUTH 22-20'00M WEST 143.22 FEET TO THE BEGINNING OF A
TANGENT 265.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE CF 37-37'l4" AN ARC
DISTANCE OF 174.00 FEET; THENCE SOUTH 15" 17 • 14" EAST 33.93 FEET; THENCE
SOUTH 67-29* 31" WEST 70.56 FEET; THENCE SOUTH 15"17'14" EAST 165.26 FEET;
THENCE SOUTH 67*29*31" WEST 420.48 FEET TO THE EASTERLY LINE OF THE 100.00
FOOT RIGHT OF WAY OF TriE ATCHISON, TUPEKA AND SANTA FE RAILWAY COMPANY, AS
DESCRIBED IN DEED TO THE CALIFORNIA SOUTHERN RAILROAD, FILED MARCH 10,
1881 IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGC COUNTY, IN BOOK 38,
PAGE 171 OF DEEDS AND THE TRUE POINT OF BEGINNING; THENCE RETRACING NORTH
67"29'31" EAST 420.48 FEET TO A POINT ON THE WESTERLY LINE OF THE LAND
DESCRIBED IN THE DEED TO THE CITY OF CARLSBAD, RECORDED FEBRUARY 3, 1969
RECORDER'S FILE NO. 8939; THENCE ALONG THE WESTERLY BOUNDARY:OF SAID CITY
OF CARLS3AD LAND, SOUTH 15-17'14" EAST 291.73 FEET TO THE BEGINNING OF A
TANGENT 51.41 FOOT RADIUS CURVE, CONCAVE WESTERLY, SOUTHERLY ALONG SAID
CURVE 13.25 FEET THROUGH AN ANGLE OF !4-45'48", TANGENT TC SAID CURVE
SOUTH 0-31«26" EAST 92.65 FEET TO THE BEGINNING OF A TANGENT 403.00 FOOT
RADIUS CURVE, CONCAVE WESTERLY, SOUTHERLY ALONG SAID CURVE 87.22 FEET
THROUGH AN ANGLE OF 12* 24', TANGENT TO SAID CURVE SOUTH ll»52'34" WEST
12JL.95 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE,
CONCAVE NORTHWESTERLY AND SOUTHWESTERLY ALONG SAID CURVE 32.98 FEET
THROUGH AN ANGLE OF 94*28'22M TO A POINT ON THE NORTHERLY LINE OF PARCEL 2
OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED
JUNE 18, 1965, RECORDER'S FILE NO. 108756 OF OFFICIAL RECORDS; THENCE
ALONG SAID NORTHERLY LINE, NORTH 73-39«04«* WEST 83.71 FEET TO FOUND STATE
DIVISION OF HIGHWAYS I INCH IRON PIPE; THENCE CONTINUING ALONG SAID
NORTHERLY LINE NORTH 65-49'2l" WEST 206.46 FEET TO THE POINT CF
INTERSECTION OF THE EASTERLY LINE OF THE 100.00 FCCT RIGHT OF WAY OF THE
ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, AS DESCRIBED IN DEED TO
THE CALIFORNIA SOUTHERN RAILROAD, FILED MARCH 10, 1831, IN BOOK 38, PAGE
171 OF DEEDS; THENCE NORTHERLY ALONG SAID EASTERLY LINE TO THE TRUE POINT
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594
.OF BEGINNING,
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