HomeMy WebLinkAboutCUP 217; TYLER PROPERTIES LTD; 85-150277; Public Facilities Fee Agreement/Releasef REQUESTED BY CONTINENTAL LAND TITLE
Recording Requested By
and Return To:
THE CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
OF, -•>,,.,Of SAN DiE&u
IS85 APR 30 W 3--
.RE '-ER
RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES
RF 6.00
AR 2.00
TLR 8.00
MG 1.00
PLEASE TAKE NOTICE that the Agreement For Payment Of Public
Facilities Fees between The City of Carlsbad and —;
TYLER PROPERTIES, LTD. •
required by an Application for Conditional Use Permit -
CUP-217 and recorded on
June 16, 1982 as Document No. 82-185681
is hereby released for the following reason:
/X? Fees Paid and Obligation Satisfied
/~7 Application Withdrawn
I~J Other
DATED: April 26, 1985
ATTEST:
.ty Clerk
APPROVED AS TO FORM:
APP
VINCENT F. BIONDO, JR., VIN
City Attorney
fey
By_
CITY OF CARLSBAD
/^FRANK D: ALESHIRE,
f\City Manager
STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO )
ss.2060
On fjHfclt- °fb , / TX^ / before me the undersigned, a Notary
Public in and for said State, personally appeared Frank N. Mannen, known
to me to be the Acting 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, California, executed
the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
RANDffi EISNER
NOTARY PUBLIC - CALIFORNIA
SAN WESO COUNTY
My oomm. expires FES 20, 1987
NOTARY PUBLIC
.;••• . '.• • • , •• • iss - .
RECORDING REQUESTED BY AMD )
WHEfl RFCORDED MAIL TO: )
CITY OF CARLSBAD ) • • ,-0?.
1200 Elm Avenue ) ' ^ J($ /$
Carlsbad, California 92008 )
Space above this line for^iecor'd e^^fT'uTe" ^|Q
Documentary t rans f e/r .cax: $ No fee
Signature of declarant determining
tax-firm name
City of C a r1 shad
Parcel No. ?Q ^ - Q 7 Q - /^L j- /3
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
^tf+L \THIS AGREEMENT is entered into this J^-_day o <:-<sJ <X/fr^£-^ , 1
by a ri d b e t v? e e n
TYLER PROPERTIES.. LTd . _^____ __^
(Name of Developer)
a __ ™_ LI!iIIEL.^I!i§5§!iIL__ > Hereinafter referred to as
fc o rip o r a t i o n , partnership, e t cTT~
"Deve lop^er^"^ whose addres_s is
*IAKj LA. ytul4
'TsTr'eel 1 ' ~
(City, St^te, Zip Code.
and ALLAN H. BOLL
Tl^arae of Legal Owi^erl
a INDIVIDUAL ' » hereinafter referred t.o as,
(Corporation, etc.5
"Owner" who-se address is .
1997 SHERIDAN ROAD, ENCINITAS, CA. 92024
Tcity, "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 Elra Avenue,
Carlsbad, California, 92008.
• 15
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"; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer has contracted with Owner to purchase the
Property and proposes a development project as follows:
75-UNIT SENIOR HOUSING PROJECT
on said Property, which development carries the proposed name of
TYLER SENIOR HOUSING PROJECT
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the J^_ day of O t/U-
19 iS-T-with the City a request for CONDITIONAL USE PERMIT
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 tkis reference); and
WHEREAS, Developer, Owner and City recognize the correctness of
Council Policy No. 17 dated April 2, 1982,- 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
REV 4-2-82
WHEREAS, Developer and Otv'ner have asked the City to fir.d that
public facilities and services will be available to Beet the future
needs of the Development as it is presently proposed; but the
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 help 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 trie
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 pertnit
valuation of the building or structures to be constructed ir. 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. Developer and Owner shall pay a fee for conversion of existing
building or structures into condominiums in an amount not ta exceed I"
of the building permit valuation at the time of conversion. The fee
for a condominium conversion shall be paid prior to the issuance of 3
condominium conversion permit as provided in Chapter 21.47 of the
Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The t'erms "other construction
permits", "other construction permit" and "entitlement for use" ae
•used in this agreement, except in reference to mobilehome sites or
~ 3 —
REV 4-2-82
Ill
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 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 Municipal Code.
2. The Developer and Owner may offer to donate a site or sites
for public facilities in lieu of all or part of the financial
obligation agreed upon in Paragraph 1 above. If Developer and Owner
7
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 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 net be consistent with the General Plan and any
approval or permit for the Development shall be void. No building or
other construetion permit or entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.
-4-
. V . •• . • •-• 1 2 •%-\ • *
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 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 foilowing 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 sealed envelope, addressed to Developer at tVie
address as may have been designated, postage prepaid and certified.
REV 4-2-82
163
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, Owner
or City herein shall be deemed to be reference to and include their
respective successors and assigns v/ithout 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.
i*
At such time as Owner ceases to have any interest in the
Property, all obligations of Owner hereunder shall te rm i n a t e;
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 acceptable to
City.
9. This agreement shall be recorded but shall not create a lien
or security interest on the Property. When the obligations of this
agreement have been satisfied, City shall record a release.
'III
— 6 —
owu 4-2-82
164
IN WITNESS WHEREOF, this.agreement is executed in San Diego
County, California as of the date first written above.
OWNER:
ALLAN H. BOLL
1997 SHERIDAN ROAD
ENCINITAS, CA. 92024
DEVELOPER:
TYLER LTD.
450 SERPENTINE DRIVE, DEL MAR. CA. 92014
BY
TITLE
ATTEST:
ffjbxL.-J.6LjL
ALETHA L. RAUTENKRANZ
City Clerk
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
'City Manager
APPROVED AS TO FORM;
VINCENT F. BIONDO, JR,
City Attorney
YHentschke, Assistant -
(Notarial acknowledgement of execution by DEVELOPER and OWNER must b:
attached.)
,1
T
REV 4-2-82
TO 1948 CA (8-74)
/Partnership)
STATE OF CALIFORNIA
SAN DIEGO
165
I
111I
111-I0.<h(It
1
COUNTY OF_I ss.
TTTte INSURANCE
ANDTRUST
ATICOR COMPANY
on JUNE 4, 1982
before me, the undersigned, a Notary Public in and for said State, personally appeared
CLIFFORD C. SWEATTE * *********** *
_ known to me
of the partners of the partnershipto he
that executed the within instrument, and acknowledged to me
that such partnership executed the same.
WITNESS my,hand>Kid official sea
Sign;
(This area for official notarial seal)
(Individual)
STATE OF CALIFORNIA
San DiegoCOUNTY OF
On_
June 3, 1982
CALIFORNIA
FIRST BANK
Member FDIC
State, personally appeared Allen H. Boll
.before me, the undersigned, a Notary Public in and for said
to be the person .. whose name .
to the within instrument and acknowledged that
executed the same
WITNESS raffiand andl5ttical seal
Signature
Form 211 (9,79| PS
, known to me
is subscribed
he I
I
MY
OFFICIAL SEAL
Joan M. McLaran
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE INSAN DIEGO COUNTY
COMMISSION EXPIRES JAN. 13. 1984
([his area for official notonal seal)
EXHIBIT "A1
PARCEL 1: The Southwesterly 106 feet of LOT NO. 9 of INDUSTRIAL TRACT
in the City of Carlsbad, according to Map thereof No. 1743, filed in the
Office of the County Recorder of San Diego County, January 3, 1923.
EXCEPTING THEREFROM the Northwesterly 69.0 feet thereof, the Southeasterly
line of said Northwesterly 69.0 feet being drawn parallel with and
distant 69.0 feet at right angles from the Northwesterly line of said LOT
NO. 9 ALSO EXCEPTING from the said LOT NO. 9, the Southwesterly 61.0 feet of
the Southwesterly 69.10 feet.
PARCEL 2: The Southwesterly 61.0 feet of the Southeasterly 69.10 feet of
LOT NO. 9 of Industrial Tract, in the City of Carlsbad, According to Map
thereof No. 1743, filed in the Office of the County Recorder of San Diego
County, January 3, 1923.
PARCEL 3: An easement and right of way for ingress and egress and all
public utility purposes over, under and across the Southeasterly 29 feet
of the Northwesterly 79.0 feet. (said distance being measured at right
angles) of LOT 9 of Industrial Tract, in the City of Carlsbad, According
to Map thereof No. 1743, filed in the Office of the County Recorder of
San Diego County, January 3, 1923. EXCEPTING THEREFROM that portion lying
within Parcel 1 and 2 herein described.