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HomeMy WebLinkAboutCUP 220; CHINQUAPIN INVESTMENTS; 89-163075; Public Facilities Fee Agreement/ReleaseRecording Requested By and Return To: - ,.--:<ITY OF CARLSBAD J200 Elm Avenue Carlsbad, CA 92008 0579 RECORDED JNome»A fOr 89HIT30 PH£5S LJ? RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES VERA L. LYLE COUNTY RECORDER RF4.00 AR2.00 MG1.00 PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between the City of'Carlsbad and Chinquapin Investments (82-79) required by an Application for cup-220 , as Document No. 82-274957 released for the following reason: |xx^ Fees Paid and Obligation Satisfied | | Application Withdrawn l~~|- Other and recorded on . is hereby DATED: ATTEST CITY OF CARLSBAD b v MARTIN ORENYAK Community Development Director ALETHA L. RAUTENKRANZ >j City Clerk APPROVED AS TO FORM: ' -ROVED AS TO FORM: VINCENT F. BIONDO, JFUp^p. BIONDO, JR, ClT. ATi'OKNEY City Attorney Gy RONALD R. BALL ~;; y .- ______ STATE OF CALIFORNIA ) ) 88.. COUNTY OF SAN DIEGO ) On March 24, 1989 , before me the undersigned, a Notary Public in and for said State, personnally appeared Aletha L. Rautenkranz , known to me to be the City Clerk ot the City of Carlsbad,a~Municipal Corporation of the State of California, 1—q +.V.Q «r{t-Mn instrument on behalf Rautenicranz ,of the City of Carlsbad, aMunicipal Corporation ot the state ua. oeu-j-j.^^^- 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 the official seal. ******************I*********** * X'r^v OFFICIAL SEAL * * C3« KAREN R. KUNDTZ % * fsj'lmiy NOTARY PUBLIC-CALIFORNIA $ * Vii1'^!/ SAN DIEGO COUNTY ** '^OOi^ My comm. Exo. Sept. 27, 1989 | ****************************** RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1 200 -E 1m Avenue Carlsbad, California 92008 82-274957 SAN 0,'tCO CCIWT Y. CA. !9B2SEP-3 PHC--35 VERA I l vi r Space above this line' f or t rana/r eyr y Document ary tax:. eRECaRQfje «**•» T-I,.. $ No fee NO FEE ______ _____ Signature of declarant determining tax-firm name Cit of Carlsbad Parcel AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this /^day of by and between ts&l > 1 (name of developer-owner) (Corporartionf partnership, etc.) "Developer" whose address is , hereinafter referred to as (s treet) and THE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. 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 proposes a development project as follows: 13 y\ ^ L-iJ'l i>']r~. REV 4-2-82 . , . on said Property, which development carries the proposed name of and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the / ^ day of &&/£: */5~f-_..IHI-.VI_ ^ _TTMT_ m--!-__-.! _r- 19 \v^, with the City a request for &H*/, T's&t*/ /f hereinafter referred to as "Request"; arid 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 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. » 9 — REV 4-2-82 NOW, THEREFORE, %,^ consideration of the recv,,/als 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 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 shall pay a fee for conversion o f existing building 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 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 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. -3- REV 4-2-82 _ 2. The Developer 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 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 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 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- REV 4-2-82 <*""*>*1802 » 6. All obligatio v, > hereunder shall terrainat %1-/i n 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 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 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 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. 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- REV 4-2-82 , K 1803 1 'V- «* -., ,** IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date, first written above. DEVELOPER-OWNER: BY Vicki B. O'Gara Owner (TTFleT CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager ATTEST: ALETHA L. RAUTENKRANZ, City Cle/k APPROVED AS TO * , VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be •attached.) -6- REV 4-2-82 1804 STATE OF CALIFORNIA COUNTY OF San Diego 8*o ss. 0)"5. On this the27th_ day of, August 82 i O-<o ar before me, the undersigned Notary Public, in and for said County and State, personally appeared VJckl B. O'Gara proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) J S subscribed to the within, instrument, and acknowledged that executed the same. she SAFECO E. Lynne Riemer FOR NOTARY SEAL OR STAMP (OFFICIAL SEAL) E. LYNNE RIEMER NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICL IN SAN DIEGO COUNTY My Commission Expires Mar. 29, 1985 I35 STATE OF CALIFORNIA COUNTY OF_ On this the_ San 19 day of Diego August ss.SAFECO 82 before me, the undersigned Notary Public, in and for said County and State, personally appeared Michael D. O'Gara proved to me on the basis of satisfactory evidence to be the person^) whose name^ Is subscribed to the within, instrument, and acknowledged that executed the same. he < » /^—» •'r " .—"~in a /Tern Springe f2 ffil FOR NOTARY SEAL OR STAMP (OFFICIAL SEAL) TERRI SPRINGER NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My Commission Expires May 31,1985 LEGAL DESCRIPTION 1805 EXHIBIT A '• • » . . . That portion of Tract"Two Hundred Thirty-eight 'Sf Thum Lands, in the County of San Diego, State of California, according to Map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, described as follows: Beginning at a point in the center line of Chinquapin Avenue, which said point is distant 557.93 feet on a bearing of South 61°21" West from the center line intersection of Chinquapin Avenue with the center line of Adams Street; thence from the said beginning point South 28°39' East a distance of 259 feet; thence South 61°21' West a distance of 437.02 feet; thence North 28°39' West a distance of 259 feet to the center line of Chinquapin Avenue; thence North 61°21' East a distance of 437.02 feet along the center line of Chinquapin Avenue to the place of beginning. EXCEPTING that the following portion of said real property was by Grant Deed recorded October 11, 1966, as No. 163477, deeded to the State of California; "That portion of Tract 238 of Thum Lands, according to Map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, December 9, 1915, described in the Deed to Gilbert R. Kidson, et us, recorded October 25, 1944, in Book 1768 at Page 102, San Diego County Official Records, lying Westerly of the following described line: "Beginning at a point on the course described as South 72°57'48" West, 50.00 feet in the Deed to the State of California, recorded November 27, 1951, in Book 4302 at Page 239, San Diego County Official Records, said point bears South 73*33'06" West, 25.00 feet from the Easterly terminus of said course; thence (1) No. 18°17'05" West, 375.17 feet; thence (2) North 15°23'41U West, 44.24 feet; thence (3) North 21024'23" West, 1131.23 feet to a point on the course described as South 12"27'32" East, 304.84 feet in the Deed to the State of California, recorded November 9, 1951, in Book. 4287 at Page 97, Sari Diego County Official Records, last said point bears North 11°52'12" West, 98.13 feet from the Southerly terminus of last said course. (also) "EXCEPTING THEREFROM that portion conveyed to the State of California, in Proceeding No. 170970, Parcel 1, by Final Order of Condemnation, recorded January 19, 1953, in Book 4721 at Page 46, San Diego County Official Records. "Containing 0.37 acres, more or less, in addition to that portion of the above described parcel included within Chinquapin Avenue. "The bearings and distances used in the above description are on the California Coordinate System, Zone 6. Multiply distance shown by 1.0000472 to obtain ground level distances. "This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights, including access rights, appurtenant to grantor's remaining property, in and to said freeway."