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HomeMy WebLinkAboutZC 245; WOODWARD CO/KELLY, ELSIE/ROBERTSON, VIRGINIA; 86-153349; Public Facilities Fee Agreement/ReleaseRECORDED REQUEST OF FfcST AMERICAN TITLE CO. Recording Requested By and Return To: THE CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 1940 1586 « 21 RF 4.00 AR 2.00 TLR 6.00 MG 1.00 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 Don E. Woodward dba The Woodward Company and Elsie M. Kelly and Virginia Robertson required by an Application for Zone Change NO. 245 and recorded on August 12, 1981 as Document No. 81-256423 is hereby released for the following reason: /~7 Fees Paid and Obligation Satisfied /~7 Application Withdrawn /X/ Other Has been replaced bv new agreement. DATED: April 4, 1986 ATTEST: Lx <^V V^f^^J^^\jC>-v^ ALETHA L. RAUTENKRANZ, City Clerk CITY OF CARLSBAD FRANK D. ALESHI1 City Manager APPROVED AS TO FORM: By STATE OF CALIFORNIA) ) ss.1941 COUNTY OF SAN DIEGO) April 8. 1986 before me the undersigned, a NotaryOn Public in and for said State, personally appeared Frank D. Aleshire, known to me to be the City Manager 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, executed the same. WITNESS my hand and official seal, ****************************** OFFICIAL SEAL * KAREN R. KUNDTZ J NOTARY PUBLIC-CALIFORNIA 1 SAN DIEGO COUNTY * My Comm. £«p. Sept. 27, U89 J ****************************** Aft^r recording return to;« ' « • City, of Carlsbad 1200"El in Ave. Carlsbad, CA 92008 2360 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 15th day of June _, by and between Don E. Woodwaxd dba The Woodward Company (Name of Developer) Sole Proprietorship (Corporation, peirtnership, etc.) hereinafter referred to as "Developer" whose address is . 2725 Jefferson Street...__Suite_.SB_ (Street) Carlsbad, California 92008 (City, state, zip code) Elsie M. Kelly a'nd Virginia Robertson,and panh as j-n an nnrHvirigri one-half interest (Name of Legal Owner) individuals_ (Corporation, etc.) hereinafter referred, to as "Owner" whose address is 4656 El Camino Real (Street) Carlsbad, California 92008 (City, state, zip code) ' . AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. . . RECITALS '' . - WHEREAS, Owner is the owner of the real property described on'Exhibit "A", attached to and made a part of this agreement, and hereinafter referred to as "Property"; arid . 2361 WHEREAS, the Property 5&w;Ltlrn the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the Property and proposes a development project as follows: 364 dwelling units as follows: 106 single-family detached; 162 single-family attached;' and 96 condpminium^units^Q.n___approximately 115 'acres. _ _ • on said Property, which development carries the proposed name of Robertson. Ranch _ . _ ~2~C- ~ 3. <•{^S~' _ and ^s hereinafter referred to as "Development" ;" and will file ••£*? fat A. WHEREAS, Developer XXJKS on the -fc»th day of ' ^aae JUi-Y Mf, 19 _ ^1_, with the City a request for Annexation, rezonincr to R-l. and for a Planned Unit Development. An application for a Tentative Tract Map will be filed in about 30 days. _ : __ (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 incorporated by this reference) ; and WHEREAS, Developer, Owner and City recognize the correctness of Council Policy No. 17, dated August 29, 1979, on 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 and, Owner have 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 • ' '• 2. • . Developer and Owner are aware that the City cannot and will not be able to make any such findings without financial assistance to pay for such services and facilities'; and, therefore, Developer and Owner propose to h.elp satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. •NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. _ The Developer .and Owner shall pay to the City a public facilities fee in an amount not to exceed 2% of.the building permit valuation of the buildings 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. A credit toward such fee shall be given for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. Developer and Owner shall pay a fee for conversion of existing buildings 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 3. ' •' 2363 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 and Owner shall pay to City a public facilities fee in the sum of $1,150 for each mobile- home 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 additio'n to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. A credit toward such fee shall be given for land which has been dedicated for park purposes or for any fees .paid in lieu thereof pursuant to Chapter . 20.44 of the Carlsbad Municipal Code. ' • *• •2. The Developer and Owner may offer to donate a site cr « sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer and Owner offer 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 . . 4. .' ' • 2364 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, j , 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 and Owner 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. 6. All obligations hereunder shall terminate in the event the Requests made by Developer and Owner 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 by 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, 5. " ' 2365 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. ; 7.3 If notice is given to Owner by personal delivery : thereof to Owner or by depositing same in the United States Mail, * • enclosed in a sealed envelope addressed to Owner at the address set • forth herein or at such other 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, Owner and the City, and references to Developer, * 4 .- Owner 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. At such time as Owner ceases to have any interest in the .Property, all obligations of Owner hereunder shall terminate? provided, however, that if any successor to the Owner's interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of Owner in writing in a form 6. 2366acceptable, to City. • . ', » x^ 9. This agree^ht shall be recorded bu^bhall not create a lien or security interest on the'property. When the obligations of this agreement have been satisfied, City shall record a release. IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. ' OWNER: Elsie M. Kelly and . Virginia Robertson, each as to an undivided one-half interest DEVELOPER: Don E. Woodward dba The WoodwardJ^ompaJiies By - Elsie M. Kelly * ^Virginia Robertson — Title By Title Don E. Woodward • ATTEST:CITY OF CARLSBAD, a. municipal corporation of the-State of Californi; JE^fc. £. Kpu^Jb^L ALETHA L. RAUTENKRANZ, 'City Clerk ABf*ROVED/AS TC APPROVED AS TO FORM: VINCENT By City Manager V1WC32NT F. BIONDe^ JR. / City Attorney (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) - K 7. STATE OF CALIFORNIA >- COUNTY OF ORANGE E On 2367 'i said State, personally appeared Don E. Woodward _, before me, the undersigned, a Notary Public in and for ^ known to me to be the person whose name IS •5 subscribed to the within instrument and acknowledged to me I he 3 WITNESS my hand and official seal. -executed the same. n I £TVgnafure t\^r\ Deborah Rodriguez Name (Typed or Printed) :t TO 447 CA (4-73) (Individual) STATE OF CALIFORNIA COUNTY OF San Diego On June 22, 1981 ss. OFFICIAL SEAL DEBORAH RODRIGUEZ NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires DEC 27, 1981 (This area for official notarial seal) TITLE INSURANCE AND TRUST ATICOR COMPANY State, personally appeared •__ before me, the undersigned, 3 Notary Public in and for saidElsie M. Kelly and Virginia Robertson IIIX UJ 0. I , known to me to be the person _S whose name S are subscribed •to the within instrument and acknowledged that executed the same. WITNESS my ha«d and official seal. Signature^.^ ^ ^Norman L. Vetter OFFICIAL SEAL NORMAN L. VETTER NOTARY PU8MC - CALIFORNIA; PRINCIPAL OFFICE IN SAN DlfcGO COUMTY My Caxaausston fx&se* (torch 5, Name (Typed or Printed) (This area for official notarial seal) 2368 EXHIBIT "A1 LEGAL DESCRIPTION All of the following described property which lies northerly and northwesterly of Tamarack Avenue, according to approved plans by the City of Carlsbad, east of El Camino Real: All that portion of Lots "E" and "I" of RANCHO AGUA HEDIONDA, in the County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of said County, November 16, 1896, described as follows: Beginning at corner No. 2 of said Lot "I"; thence along the Northerly prolongation of that portion of the Easterly line of said Lot "I" between corners Nos. 1 and 2 of said Lot, North 2029'49" West (record North 3° West) 21.84 feet to an intersection with the center line of County Road Survey No. 682, as the same is described in easement deed to the County of San Diego, dated May 27, 1936 and recorded in Book 52L page 230 of Official Records of said County, said point of intersection being the TRUE POINT OF BEGINNING of the property herein described, said TRUE POINT OF BEGINNING being also the Southeasterly corner of that parcel of land described in Quit Claim Deed to Horace H. Kelly, recorded January 22, 1951 as Docu- ment No. 9613, Book 3942, page 34 of Official Records; thence along the Southerly line of said Kelly land as follows: Along said center line of road, North 67°10' West 897.21 feet, North 64°35' West 701.35 feet to the beginning of a tangent curve concave Southerly having a radius of 1000.00 feet and North- westerly along the arc of said curve 29.00 feet; thence leaving said centerline North 74°11' West a chord distance of 262.47 feet to a point on the arc of said curve; thence Westerly and North- westerly along said center line of Road Survey No. 682 to a point on the Northerly boundary line of said Lot "I", said point being South 89°42'10" East 1358.67 feet (record 1357.53 feet) from the Northwest corner of said Lot "I" known as Corner No. 12 thereof; thence South 89042'10" East along the North line of said Lots "I" and "E" to the Southeast corner of Lot "J" of said Rancho Agua Hedionda; thence Southerly in a straight line to the TRUE POINT OF BEGINNING. Excepting from said Lot "E" that portion lying within the follow- ing described land: Beginnning at the Southeasterly corner of Lot "J", said Point of Beginnning being a point on the Northerly line of said Lot "E"; thence South 89°22'33" East along the Northerly line of said 2369 w 81-256423 LEGAL DESCRIPTION FILE/PAGE HO. ORDER NO. 825858-6 BOO-K IC-8I PAGE NO. 2 ^CORDED REQUE.ST OF, J / [uclZ IOMifiH'8!/^ OFFICIAL RECORDS Lot "E" a distance of 2342.24 feet; thence leaving line of said Lot "E", South 14°44'02" West 159.68 feet; tKIMie- LVlE South 21°41I42" West 190.34 feet; thence South 13°46I12" W§ictPPDHR MO 781.82 feet; thence North 89°22'33" West 3848.48 feet to Point "X" " of this description; thence North 0°37'27" East 1093.81 feet to a point in the Northerly line of said Lot "E"; thence South 89° 22'33" East along said Northerly line of said Lot "E", a distance of 1791.41 feet to the Point of Beginning. Also excepting that portion lying within Road Survey No. 1800-1 as described in deed to the County of San Diego, recorded March 12, 1970 as Document No. 44687 of Official Records. Also excepting that portion lying Westerly of the following described line: Beginnning at the Southeast corner of El Camino Mesa Unit No. 6, according to Map thereof No. 6988, filed in the Office of the County Recorder of San Diego County, July 15, 1971, being also a point on the Northerly line of said Lot "I"; thence along the Northerly line of said Lot "I" South 89°50'00" East 75.51 feet to the Northeasterly corner of that 75.00 foot easement described in deed to the San Diego Gas & Electric Company, recorded June 1, 1953 in Book 4874, page 148 of Official Records; thence along the Easterly and Northeasterly boundary of said easement South 6°29'30" East (Record South 6°30'06" East) 15.95 feet to an angle point therein; thence South 26°07'24" East (Record South 26°08'06" East) 1942.31 feet; thence leaving said boundary South 23°34'23" West, 253.69 feet to the beginning of a tangent 600.00 foot radius curve, concave Southeasterly; thence Southwesterly along the arc of said curve through a central angle of 18°10'23" a distance of 190.31 feet; thence tangent to said curve South 5°24'00" West 113.03 feet to the beginning of a tangent 600.00 foot radius curve, concave Northwesterly; thence Southwesterly along the arc of said curve through a central angle of 24003'05" a distance of 251.87 feet; thence tangent to said curve South 29027'05" West 141.18 feet to the Northeasterly boundary of County Road Survey No. 1800-1 (known as El Camino Real) according to Plat thereof on file in the Office of the County Engineer of San Diego County, being a point opposite Engineer's Station 494+54.91, E.G. on the center line of said Road Survey No. 1800-1, to the terminus thereof.