Loading...
HomeMy WebLinkAboutZC 244; SEABLUFF ASSOCIATES; 89-041289; Public Facilities Fee Agreement/Release• Recording Requested By and Return To: '•CITY OF CARLSBAD ' 1200 Elm Avenue Carlsbad, CA 92008 :N 1437 041289 RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES RF6.00 AR2.00 MG 1.00 PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between the City of Carlsbad and seabluff Associates (82-58) required by an Application for ZC-244 , as Document No. 82-194840 released for the following reason: |~| Fees Paid and Obligation Satisfied | | Application Withdrawn jxx} Other Superseded by agreement for CT 85-14 DATED:12/13/88 CITY OF CARLSBAD By and recorded on . is hereby MARTIN Comrnuni ty Development Dfrector ATTEST ALETHA L. RAUTENKRA.'l/. City Clerk APF.-.CVED AS TO FOR'!:. ;-xQVED AS TO FORM: V N^EftT F. BfONDO, JR., RONALD R. BALL ? 1438 STATE OF CALIFORNIA ) ) ss . COUNTY OF SAN DIEGO ) On January 11, 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. ***************%#************* * /SSSIX OFFICIAL SEAL * * /O«£& KAREN R. KUNDTZ J * \$tjm® NOTARY DUBUC~CAUFORNIA $ * ^StalX SAN DIEGO COUNTY ** ^zs-r My Comm Exp Sep( 2? ig89 * ****************************** 'RECORDING RW H K N RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue 225 Carlsbad, California 92008 ) Space above this 1 Documen t ary /t/r a ns fe-^ tax: 'RECORDED IN OFFICIAL RECOr?D5 ! OF SAN DIEGO COUNT Y,CA. 1382 JUN 2k AM !h 00 YERAL.LYLE s use NO No fee Sign ature of declarant determining tax-firm name •City of Carlsbad Parcel No. AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS, AGREEMENT is entered into this 1st day of June by and between SEABLUFF ASSOCIATES , 1982 (name of developer-owner) a Partnership , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 3 Upper Newport Plaza Drive Ts tree t) Newport Beach, California 92660 and THE CITY OF • e n u e !City, state, ?. ipcode) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Ave Carlsbad, California, 92008. W I T H E S S E T H: 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: 4 40 acre residential condominium project REV 4-2-82 ;•; ' . _ 22 6 _ • on s a.i d .Property, wh i c^^ eve 1 opmen t carries the p-wo/po sed name of SEABLUFF and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 6 th day of June 1981 , with the city a request for a pre-annexation zone designation in preparation for a tentative map hereinafter referred to as "Request"; and WHE.REAS, 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- 4 -2 -8 2 .. • . - 227 . ' NOW, THEREFORE , ;""*N consideration .of the rc^ }t a 1 s 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 pri'or 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 Carls.bad 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 •f . permit valuation at the time of conversion. The fee for a condominium. convers ion shall be paid prior to the issirance 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 i ni prove uients 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 MnnicipalCode. -3- REV A-2-82 2. The Developer may offer to donate a cite 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 Ci,ty 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 otherconstruction 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 t.o 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- . ' 6. All ob1igati.cfv hereunder shall terminal in the event thew 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 toDeveloper 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 m"e ntion 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- RKV /IT?-82 2ao IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: SEABLUFF ASSOCIATES, a Partnership (n ame) BY B-L 130, LTD. General Partner maging"Gener'al Par-crier CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager (Title) ATTEST: ALETHA L. RAUTKNKRANZ, City Clterk APPROVED AS TO FORM: ROVED/AS INCENTF/BI / iff i/•/ ff/ ^"i f> / niel S/KJntschkeT;Assistan orney VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-2-82 231 STATE CF CALIFORNIA COCNTY OF ss: Cti {W- ana '__^ , 1982, before me, the undersigned, a Notary Public in arid for said State, personally appeared Merrill L. RLrkpatrick, known to me to be the Managing General Partner of B-L 130, Ltd., the limited partnership that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said limited partnership, said limited partnership being known to me to be the general partner of Seabluff Associates, the partnership that executed the within instrument, and acknowledged to me that such partner and that such partnership executed the same. WITNESS my hand and official seal. SEAL: Jh,U#bi> V?. Notary Public 232 LEGAL DESCRIPTION ORDER NO. 776825-9 PAGE NO. 1 PARCEL 1; Lots 5, 13, 14 and 15 of Section 33, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey approved May 3, 1883. EXCEPTING from said Lots 5, 13 and 14 any portion thereof lying Westerly of the Easterly line of the Atchison, Topeka and Santa Fe Railway Company right of way as said right of way existed on March 21, 1947 a portion of said right of way being further described in deed to the Atchison, Topeka and Santa Fe Railway Company recorded March 21, 1947 in Book 2365, page 202 of Official Records. ALSO EXCEPTING therefrom all that portion lying Northwesterly and North- erly of the following described line: Beginning at a point on the Westerly line of Lot 4 in said Section 33, distant thereon North 01°38'08" West 602.41 feet from the Southerly corner thereof; thence South 29°05'45" West 900.16 feet; thence North 60°52'20" West 370.99 feet; thence South 89°33'51" West 791.30 feet to a point on the Easterly line of the Atchison, Topeka and Santa Fe Railroad Company right of way said line being a 11,559.2 foot radius curve con- cave Southwesterly, a radial line to said point which bears 71°22'55" East. * ALSO EXCEPTING therefrom all that portion lying Southerly, Southeasterly and Northeasterly of the following described line: Commencing at the intersection of the Southerly line of Lot 19 in said Section 33 with the Easterly line of the existing 200.00 foot right of way of the Atchison, Topeka and Santa Fe Railway Company (Coast Line); thence along the Easterly boundary of said right of way North 15°01'30" West 1604.41 feet to the beginning of a tangent 11,559.2 foot radius curve concave Southwesterly; thence Northwesterly along the arc of said curve through a central angle of 01°58'52" a distance of 403.06 feet to the point of beginning; thence South 89°17'46" East through the most Southerly corner of Lot 5 in said Section 33 a distance of 1519.40 feet to the intersection with the Westerly line of said Lot 15; thence North 51°43'04" East 649.80 feet to a point on the Southwesterly boundary of California State Highway XI-SD-2-A (Inland Route) which is opposite Engineer's Station 1715 + 74.50 on the centerline of said State Highway (said centerline being a bearing of North 28°09'00" West); thence North- westerly along the Southwesterly line of said State Highway to the Northwesterly line of said Lot 15. PARCEL 2: The North Half of the Northwest Quarter and Lots 5, 6, 13 and 14 in Section 33, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to the United States Government Survey approved May 3, 1883. 233 LEGAL .DESCRIPTION ORDER NO. 776825-9 PAGE NO. 2 EXCEPTING therefrom that portion thereof granted to the State of Cali- fornia for Freeway purposes by deed recorded April 5, 1961 as File No. 58608 of Official Records. ALSO EXCEPTING therefrom all that portion lying Westerly of the Easterly line of the Atchison, Topeka and Santa Fe Railway Company right of way as said right of way existed on March 21, 1947 a portion of said right of way being further described in deed to the Atchison, Topeka and Santa Fe Railway Company recorded March 21, 1947 in Book 2365, page 202 of Official Records. ALSO EXCEPTING therefrom all that portion lying Southeasterly and South- erly of the following described line: Beginning at a point on the Westerly line of Lot 4 in said Section 33, distant thereon North 01°38'08" West 602.41 feet from the Southerly corner thereof; thence South 29°05'45" West 900.16 feet; thence North 60°52'20" West 370.99 feet; thence South 89°33'51" West 791.30 feet to a point on the Easterly line of the Atchison, Topeka and Santa Fe Railroad Company right of way said line being a 11,559.2 foot radius curve con- cave Southwesterly a radial line to said point which bears 71°22'55" East.