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/~7 Application Withdrawn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.