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HomeMy WebLinkAboutCUP 286; TEXACO REFINING/GEIL/HELTIBIRD; 89-163040; Public Facilities Fee Agreement/Release* 0478 Recording Requested By and Return To: CITY OF CARLSGAD J200 Elm Avenue Carlsbad, CA 92008 F~~~-R£OOROEO INOFFICIAL H€COR0$-fOf SA RELEASE OF AGREEME TO PAY PUBLIC FACILITIES FEES 1 VERA L. L.YU |LCOUHTY RECORDER [ RF 4.00 AR2.00 MG1.00 PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between the City of'Carlsbad and Texaco Refining & Marketing & • . • Ceil, E^ & Heltibird (86-10) required by an Application for CUP-286 ., as Document No. _86-0773ii and recorded on . is hereby released for the following reason: _( Fees Paid and Obligation Satisfied | | Application Withdrawn xxj Other Application Denied DATED: CITY OF CAR MARTIN ORENYAl Community Developfffeht Director ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO^^Sf F. BIONDO,' JR.', CITY AI City Attorney RONALD R. BALL '•'•0479 STATE OF CALIFORNIA ) ) ss . COUNTY OF SAN DIEGO ) On March 24, 1989 , before me the undersigned, a Notary Public in and for said State, personally appeared Aletha L. Rautenkranz known to me to be the City Clerk 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 the official seal. >;: * * * v. >:« ******** ** if. *. .)i * * * * # * * ;»'!a/.L SiCAL KAREN R. KUNDTZ $ NOTARY PUBLIC-CALIFORNIA £ SAN DIEGO COUNTY * My Comm. Exp. Sept 27, 1989 | ;;. fc * * * * ~ * * *• *. * * * * * * * * * * Mtary PSbli ~~_^l>^ •—S 2394 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 C-077311.I***— —_s IT IT *** <*}" *""$ f™ i^j * *. f_ _Juzl><-'|{UtD IN £9 27 AM !h kB VERA L. ! YLF |COUNTY RECORDER! Space above this line for Recorder's use Documentary transfer tax.:*^/;? ' JU. . OCT Signature of declarant determining tax-firm name City of Carlsbad RF // AR *? TLR MG / / Parcel No. 206 050 20 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 20th day of November , 19 85 by and between - TEXACO REFINING AND MARKETING INC. a Delaware Corporation (Corporation, partnership, etc.) "Developer" whose address is 10 Universal City Plaza, P.O. Box 3756 (Name of Developer) , hereinafter referred to as Los Angeles, CA 90051-1756 (Street) (City, State, Zip Code) EUGENE L. GEIL, A widower, and C. J. HELTIBRIDLE, A married man, each "Owner" whose address is 1024 Shafer Street P. O. Box 599 (Name of Legal Owner) as to an undivided one-half interest , hereinafter referred to as Oceanside, CA 92054 Oceanside, CA 92054 (Street) (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. PEV 9-13-85 2295 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^eferred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and a long term lease on "V V V W"V W"V "V "UIW "V57"VV V V V V W W V WWHEREAS, Developer has ¥?il^&%¥¥¥^.^KX^i}^^Xg#^^^^^ tne Property and proposes a development project as follows: Convert the existing service bays into a Rtodmart. on said Property, which development carries the proposed name of Texaco Foodmart ; and is hereinafter referred to as "Development"; and will WHEREAS, Developer fileX on the 13th day of December • 1985 ,' with the City a request for a 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 this 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 -2- REV 4-2-82 .• • . :; ( 2296 :: 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 Developer amT Ow"ner 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 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 building or structu'res 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 and Owner shall pay a fee for conversion of 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 -3- REV 4-2-82 r^""%.%,,x <• & £ y f 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 ia 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 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- • C < 2298 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 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. -5- REV 4-2-82 t 2299 ^ 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 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 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. -6- 2300 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: i (Signature) (NarneM (Signature^1 e. >o f L . (?> E i L (Name) (Signature) ATTEST: VINCENT F. BIONDO, JR., City At torney DEVELOPER: TEXACO REFINING AND MARKETING INC. TITLE BY DIVISION MARKETING MANAGER TITLE CITY OF CARLSBAD, a municipal corporation of the State o f ,-.Cal if ornia BY City Manager r (Notarial acknowledgement of execution by DEVELOPER and OWNER must be at t ached. ) -7- REV 4-2-82 CORPORATE ACKNOWLEDGMENT 0 2301 NO. 202 County of Onthisthe^^Tdayof fl^a/^i •/ ns/, the undersigned Notary Public, personally appeared OFFICIAL SEAL VIRGINIA F COL'.INS Notary PuWtc-CaWornt* 106 ANQEl£S COUNTY My Gomm. Exp. Nb. 27.1967 personally known to me D proved to me on the basis of satisfactory evidence toJae the.persoiXs) whoexecuted the within instrument as 'falli or on behalf of the corporation therein named, and acknowledges to me that the corporation executed it. WITNESS my hand and officialises Notary's Signature 7120 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 STATE OF CALIFORNIA )ss. I-1 oa Pc CDO CD <f nn December 3,1985 C. .before me. the undersigned, a Notary Public in and for 0, He! ti bridle andLEuoene^L. Geil , .CO<B oo personally known to me (or proved to me on the basis of satis- factory evidence) to be the person(s) whose name(s) is/are sub- scribed to the within instrument and acknowledged to me that he/she/they executed the same. WITNESS my hand and official seal. Signature. OFFICIAL SEAL KAREN I. BISHOP NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY (This area for official notarial seal) 2302 EXHIBIT "A1 LEOAL DESCRIPTION All that portion of Tract 237 of 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 said San Diego County, December 9, 1915, described as a whole as follows: Beginning at the intersection of the center line of Adams Street and the center line of Tamarack Avenue; thence along said center line of Tamarack Avenue, South 61°20'45" West 515.31 feet to the most Northerly corner of land described in Parcel 2 of the Relinquishment to the City of Carlsbad, recorded July 26, 1954 as Document No. 97644, in Book 5312, page 91 of Official Records; thence along the Northeasterly line of said land, South 29 08'27" East 30 feet to the Northwesterly line of said Tract 237, being the TRUE POINT OF BEGINNING; thence along said Northwest- erly corner of 61°20'45" West 368 feet from the most Northerly corner of said Tract 237; thence South 28°39'15" East 68 feet; thence South 4°41'30" East 49.24 feet; thence South 61°20'45" West 160 feet to an intersection with the Easterly line of the aforementioned land described in said . . Relinquishment to the City of Carlsbad; thence along said Easterly line, North 12°12'10" West (Deed North 12°27'32" West), to the beginning of a 40 foot radius curve concave Easterly; thence Northeasterly along the arc of said curve through a central angle of 73°43'55" a distance of 51.47 feet to the TRUE POINT OF BEGINNING.