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| | Application Withdrawn
jxx} Other Superseded by agreement for CT 85-14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.