HomeMy WebLinkAboutCT 98-16; Worthing, Brooks & Pamela; 1998-0725539; Public Facilities Fee Agreement/Release. . . -. . - ‘.
. ,
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: >
City Clerk i
CITY OF CARLSBAD )
485 aoc T lL998-0125539
NOU 06, 1998 12:08 PM
OFFICIAL REcciRDs SIIH DIEGO COUNTY RECORDER'S (IFFICE f.iREm glm~ calm RECURDER : 31.00
1200 Carlsbad Village Drive i Carlsbad, California 92008- 1989 1
Space above this line for Recorder’s use
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
ParcelNo.156-142-31 and 156-142-41
THIS AGREEMENT is entered into this 24th dayofSeptember ,I9983
by and between (name of developer-owner) Brooks & Pamela Worthing
Owner a (corporation, partner&p, etc.) , hereinafter referred to as “Developer”
whose address is (street, city, state, zip code) ’ l ’ l Box ’ ’ 4 ’ Carlsbad, CA 92018
and the CITY OF CARLSBAD, a municipal corporation
of the State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village
Drive, Carlsbad, California, 92008- 1989.
WITNESSETH:
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 proposed a development project as follows: Subdivid.e 2 Parcels
into 5 lots on said Property, which
Form Approved By City Council July 2, 1991
Resolution No. 9 I- 194/KJH
1 Form 17
Per Jane Mobaldi. Rev. 01/l l/96
4 a74 CT s8-l(P
.,c . -
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456
development carries the proposed name of
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the 2 4th day of September ~ 1998 -?
with the City a request for sub division of 2 parcels in 5 lots
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 CIerk and is incorporated
by this reference); and
WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July
2, 199 1, 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 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 fmding 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. I7 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 shall pay to the City a public facilities fee in an amount not to exceed
3.5% 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
Form Approved By City Council July 2. 1991
Resolution No. 91-194/KJH
2 Form 17
Per Jane Mobaldi, Rev. 01/l l/96
1
‘.. ,, ,.(,
. 487
Municipal Code. Developer shall pay a fee for conversion of existing building or structures into
condominiums in an amount not to exceed 3.5% 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 Carisbad 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 the 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 2 1 of the
Carisbad Municipal Code.
2. The Developer may offer to donate a site or sites for public facilities in lieu of ail 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 be- come a part of this agreement.
Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of
the Carisbad 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.
Form Approved By City Council July 2. 1991 3 Form 17
Resolution No. 91- 194KIH Per Jane Mobaldi, Rev. 01/l l/96
. . . . ,. . - -
188
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.
6. Ail obligations hereunder shall terminate in the event the Request made by Developer is
not approved.
7. Any notice from one party to the other shall be in writing, and shah 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 seajed envelope, addressed to Developer at
the address as many have been designated, postage prepaid and certified.
8. This agreement shall be binding upon and shalt inure to the benefit of, and shall apply to,
the respective successors and assigns of Developer and City, and references to Developer or City herein
shall be deemed to be a 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,
ail obligations of Developer hereunder shall terminate; provided, however, that any successor to
Developer’s interest in the property shall have first assumed in writing the Developer’s obligations
hereunder.
Form Approved By City Council July 2. 1991
Resolution No. 91-194/KJH
4 Form 17
Per Jane Mobaldi. Rev. 01/l l/96
‘.’ - . 489
14
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.
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Form Approved By City Council July 2. I99 I
Resolution No. 91-194/KJH
Form 17
Per Jane Mobaldi. Rev. 01/l l/96
. .
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the
date first written above.
DEVELOPER-OWNER:
Brooks .A. Worthing
CITY OF CARLSBAD. a municipal corporation
Owner
(title)
tant City Clerk
MI?ROWD AS TO FORhk
RONALD R. BALL, City Attorney
Pamela J. Worthing
(print name)
Owner
(title)
(Notarial acknowledgment @execution of DEVELOPER and OWh!ER must be attached).
(President or vice president A- secretary or assistant secretary must sign for corporations. Ifonl?/ one
ofleer signs, the corporation must attach a resoiution certified by the secretary or assistant secretary
under corporate seal empowering that o@er $0 bind the corporation).
([f signed by an individual partner, the partnership must attach a statement of partnership authorizing
the partner to execute this instrument).
Form Approved By City Council July 2. 1991
’ Form 17 Resolution No. 9 I- 194/KJH Per Jane Mobaldi. Rev. 01/l l/96
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. 1 491
EXHIBIT “A”
LEGAL DESCRIPTION
Those portions of Lot 3 and Lot 4 of the Wilsonia Tract, in the city of San Diego, State of California, according to Map thereof No. 2169, filed in the office of the County Recorder
of San Diego County, August 13, 1929,as described in certificate
of compliance recorded March 5, 1990 as file No. 1990-116037 of official Records, and being more particularly described as follows:
Commencing at a point on the Northeasterly lline of said Lot 4, distant thereon, North 34 degrees 33' West 217.36 feet
from the most Easterly corner of said Lot, said point being the most Northerly corner of land described in Deed to George Ede, recorded August 8, 1944 in Book 17f1, Page 495 of Official Records; thence along the Northeasterly line of said Lot 4, North 34 degrees 33 ' West 133.51 feet to the most Easterly corner of land described in Deed to Myrtle Mullen, Recorded in Book 3954, Page 315 of Official Records: Thence along the Southeasterly line of said land, South 55 degrees 27' West, 200.00 feet to the true point of beginning; Thence continuing along said Southeasterly Line, South 55 degrees 27' West 60.00 feet to the Southwesterly corner of said land; Thence along the Southwesterly line of said land, North 34 degrees 33'
West, 83.75 feet to the Northwesterly corner of said land; Thence leaving said land, South 55 degrees 27' West 140.80
feet to an intersection with the Northwesterly Prolongation of the Northeasterly line of said Lot 3; Thence along saID Prolongation, South 34 degrees 33' East 11.05 feet to the
most Northerly corner of said Lot 3; Thence along the North- westerly line of said Lot 3, South 55 degrees 27' West 30.0 feet to a point in a line lying parallel to and 30.00 feet
Southwesterly of the Northeasterly line of said Lot 3; Thence along said parallel line South 34 degrees 33' East 19.44 feet to the beginning of a Tangent 270.00 foot radius curve concave Westerly; Thence Southeasterly and Southerly along the Arc of said curve through a central angle of 34 degrees 29' 30", A distance of 167.25 feet; Thence Tangent to said curve South 0 degrees 56' 30" West 89.71 feet to the beginning of a Tangent 20.00 foot radius curve concave Northwesterly; Thence Southerly, Southwesterly and Westerly along the arc of said curve through a central angle of godegrees 00' 00", a distance of 31.42 feet to a point in a line lying parallel to and 10.00 feet
Northerly of the Southerly line of said Lot 3; Thence radial
to said curve, South 0 degrees 56' 30" West 10.00 feet to a point in said Southerly line; Thence along said Southerly line, South 89 degrees 03' 30" East 203.66 feet to the most Easterly corner of said Lot 3; Thence along the Northeasterly
corner of said land described in Deed to George Ede; Thence along the Northwesterly line of said land, North 55 degrees 27' East 201.24 feet to a point bearing South 34 degrees 33' East, parallel with the Northeasterly line of said Lot 4,
from the true point of beginning: Thence North 34 degrees 33' West 133.51 feet to the true point of beginning.
Form Approved By City Council July 2, 1991 7 Form 17
Resolution No. 91- 194/KJH Per Jane Mobaldi. Rev. 0111 l/96
‘. .
,-a . ‘._ 49:,-‘
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On 86, ,946 before me, c
v - Notary Public, personally appeared
JJNI)A F. VILLA
r*@-v , [ ] personally
known to me - or k! proved to me on the basis of satisfactory evidenc’e 4 o be the person(s) whose
name(
0
is/ e subscribed to the within instrument and acknowledged to me that h /she/
0 0
‘c3 ey
executed the same in hi er eir authorized capacity(ies), and that by hi er/ eir signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
Form Approved By City Council July 2. 199 1
Resolution No. 91-194/KJH
Form 17
Per Jane Mobaldi, Rev. 01/l l/96
STATE OF CALIFORNIA 1
COUNTY OF }ss.
1
subscribed to the within instrument and acknowledged to me that he/m executed the same
in his/he@+& authorized capacity(ifi, and that by his/h&their signature@ on the instrument the
person( SI or the entity upon behalf of which the acted, executed the instrument.
WITNE-d and officiql se&,
Signat
(This area for offictal notarial seal)
Title of Document
Date of Document
Other signatures not acknowledged
3OCU i 1,9’:) i&?flefal)
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