HomeMy WebLinkAboutSDP 85-7; LEVANTE PROPERTIES; 88-534311; Public Facilities Fee Agreement/Release53411 f
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Recording Requested By
and Return To:
ITY OF CARLSBAD
0 Elm Avenue
Isbad, CA 92008
880CT 19 PUSH 8
,„,,,,.I VERAL.LYLE ICOUHTY RECOR0ER -i—. iL-J
AR2.00
MG1.00
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 Levante Properties (85-54)
required by an Application for SDP-85-7
7/10/85 , as Document No. 85-246094
and recorded on
is hereby
released for the following reason:
|~| Fees Paid' and Obligation Satisfied
|~l Application Withdrawn
| XX | Other Alication Denied
DATED:10/3/88
CITY OF CAflkSSAD
By /IAkJL_._
MARTIN ORENYAK ^^
Community Development Director
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDGl, JR.
Ci,
1771
STATE OF CALIFORNIA )
) ss .
COUNTY OF SAN DIEGO )
On October 13, 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.
******************************* X^S^v OFFICIAL stAt *
* &5*ffl£ KAREN R. KUNDTZ J
* Vt*^S»7 NOTARY PUBUC-CAUF$I»NIA *
* NSix SAN DtEGO COUNTY J
* My C«mm. Exp. Sept. 27, 1989 J
RECORDING REQUESTED B¥*AND ) 6^4
WHEN, RECORDED MAIL TO: ' )I r
CITY OF CARLSBAD )
1200 Elm Avenue ) ,,p-
Carlsbad, California 92008 ) '^ JU<- ' ^
Space above this JL in^^p^i Re^epfrddr ' s use
Documentary transfer tax: $ No fee
NO FEE
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. 223-170-33
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 2-*? day of /ft/fa? , 19 85
by and between Levante Properties, a partnership,
(nameofdeveloper-owner)
a partnership , hereinafter referred to as
(Corporation,partnership,etc.)
"Developer" whose address is 7690 El Camino Real, #105,
(street)
Carlsbad, CA 92008 and THE CITY OF
(City, state, z ip code)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address i
Carlsbad, California, 92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real ^pTe-par ty—d"glTcr ibed
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:
REV 4-2-82
625
on' said Property, wh ilfn development carries the proposed name of
65,000 sq.ft. neighborhood shopping center (La Costa Galleria)
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the. 29th day of May
19 85 , with the City a request for site development plan
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
626^••••x « ^ - ,-.vNOW, THEREFORE j^^n consideration of the re rftals 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
v «.i 627
. 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.
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.
-4-
REV 4-2-82
-\,- 628 '6. All .obligations hereunder shall termina, x 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 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.
-5-
REV 4-2-82
6^9
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
Levante Prpg^gties, a partnership,
(name)
avid
Partner
(Title)
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
Ci ty Manager
ATTEST:
ALlALTHA L.City
APPROVED AS TO FORM:
VINCE~NT F. BIONDO,
City Attorney
(Notarial ackn |
attached. ) <
cCOo•
g.
to
REV 4-2-82
STATE OF CALIFORNIA _ ,COUNTY OF San Diego }ss.630
on May 29, 1985 , before me, the undersigned, a Notary Public in and for
said state, personally appeared Theodore Aroney and David Levine
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person that executed the within
two of the partner(s)|instrument as.
, on behalf of Levante Properties
, the partnership
therein named and acknowledged to me that the partnership
executed it.
OFFICIAL SEAL
DOROTHY E DAVIS
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My contm. expires APR 16, 1989
(This area for official notarial seal)
TICOR TITie 'MSURANCG
631 "*
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 249 OF LA COSTA VALE UNIT NO. 1, ACCORDING TO MAP
THEREOF NO. 7457, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ON FILE IN THE OFFICE OF COUNTY RECORDER OF SAN
DIEGO COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE EASTERLY RIGHT OF WAY LINE OF CENTELLA STREET
AS SHOWN ON MAP NO. 7457, SAID POINT BEING ON THE ARC OF A 730.00 FOOT
RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH
84°17'15" EAST, SAID POINT ALSO BEING ON THE SUBDIVISION BOUNDARY OF SAID
MAP NO. 7457; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 3°40'42" A DISTANCE OF 46.87 FEET TO THE TRUE POINT OF
BEGINNING, A RADIAL TO SAID TRUE POINT OF BEGINNING BEARS NORTH 80°36'33"
EAST; THENCE, ALONG THE EASTERLY RIGHT OF WAY OF CENTELLA STREET, THE
SOUTHEASTERLY RIGHT OF WAY LINE OF LEVANTE STREET, THE SOUTHWESTERLY
RIGHT OF WAY LINE OF LA COSTA AVENUE AND THE NORTHWESTERLY RIGHT OF WAY
LINE OF RANCHO SANTA FE ROAD AS SHOWN ON SAID MAP NO. 7457 THE FOLLOWING
COURSES: THENCE, CONTINUING NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF le'Se'SS" A DISTANCE OF 211.62 FEET TO A POINT OF
REVERSE CURVATURE OF A 20.00 FOOT RADIUS CURVE, CONCAVE EASTERLY WITH A
CENTRAL ANGLE OF 88°36'09"; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE
A DISTANCE OF 30.93 FEET TO A POINT OF REVERSE CURVATURE OF A 2030.00 FOOT
RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE, NORTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°36'09" A DISTANCE OF 127.64
FEET; THENCE TANGENT TO SAID CURVE NORTH 59000'00" EAST 366.99 FEET TO THE
BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE
EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A'CENTRAL ANGLE OF 86°40'29"
A DISTANCE OF 30.26 FEET TO A POINT OF REVERSE CURVATURE OF A 842.00 FOOT
RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE, SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°50'26" A DISTANCE OF 247.48
FEET TO A POINT OF REVERSE CURVATURE OF A 20.00 FOOT RADIUS CURVE,
CONCAVE WESTERLY; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 90°00'00" A DISTANCE OF 31.42 FEET; THENCE, TANGENT TO
SAID CURVE SOUTH 38°50'03" WEST, 311.97 FEET TO THE BEGINNING OF A
TANGENT 1551.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE,
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
2°30/04" A DISTANCE OF 67.71 FEET TO A POINT, A RADIAL TO SAID POINT BEARS
NORTH 53040'01" WEST; THENCE, LEAVING SAID CURVE NORTH 84°17'50" WEST
332.61 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM, ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS,
NATURAL GAS, NATURAL GAS RIGHTS, PETROLEUM, PETROLEUM RIGHTS, OTHER
HYDROCARBON SUBSTANCES, GEOTHERMAL STEAM, ALL UNDERGROUND WATER, AND
ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, IN OR UNDER OR WHICH
MAY BE PRODUCED FROM THE PROPERTY WHICH UNDERLIES A PLANE PARALLEL TO
AND 500 FEET BELOW THE PRESENT SURFACE OF THE PROPERTY TOGETHER WITH THE
PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND
STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND,
INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM
LANDS OTHER THAN THE PROPERTY, OIL, WATER, OR GAS WELLS, TUNNELS AND
SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO
BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS
UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL,
RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY WELLS OR MINES,
1131316 PAGE 4
TICOR TITLE INSURANCE 632
WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE
THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE
PROPERTY, AS RESERVED IN A DEED FROM DAON CORPORATION, A CORPORATION,
RECORDED JANUARY 15, 1982, RECORDER'S FILE NO. 82-012595.
1131316 PAGE