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HomeMy WebLinkAboutSDP 84-3; Palomar Venture; 89-070161; Public Facilities Fee Agreement/ReleaseRecording Requested By and Return To: - CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 83 1425 RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES MGl-OO PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between the City of'Carlsbad and p^inmar ygnj-m-g (84-56) required by an Application for SDP-84-3/V-360 , as Document No. 84-212207 released for the following reason: | XX | Fees Paid and Obligation Satisfied | | Application Withdrawn |~| Other DATED: 12/13/88 AT: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. 3IONDO, JR. Citv Attorney and recorded on is hereby CITY OF CARLSBAD By _ y MARTIN ORENYAK •x Comniunity Development'Director D AS TO FORM: F. BIONDO, JR., CITY ATTORNED MD R. BALL *STATE OF CALIFORNIA )\ COUNTY OF SAN DIEGO ) . ) s*S I4/SO before me the undersigned, a Carlsbad, California, executed the same. WITNESS my hand the the official seal. ******************************* OFFICIAL SEAL * \ /iSS^ KAREN R. KUNDTZ { * fe5^! NOTARY PUBLIC-CALIFORNIA % * V^W SAN DIEGO COUNTY * I ^^^/ My Comm. Exp. Sept. 27. 1989 * ***************************** ) ^S Vi.' 987 ^£-212207 ' RECORDING REQUESTED BY AND ) (jFR^AL'Ri-CnHHS WHEN RECORDED MAIL TO: ) | of' SAN": M: ..GO CCJ'JHIY.CA. CITY OF CARLSBAD ) jjjgij JUH -G PH l: 22 1200 Elm Avenue ) Carlsbad, California 92008 ) \ VEJ;-A :,,|;.:;^jr.R ] CUl"'*' ' !,!-•-'- J Space abovethisline forRecorder'suse ^Q FEE Documentary transfer tax: $ No fee Signature of declarant determining tax-firm name City of Carlsbad Parcel No. #210 170 04 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this J day of /ft/fif , 19 &T by and between Palomar Venture (nameof developer-owner) a partnership » hereinafter referred to as (Corporation,partnership,etc.) "Developer" whose address is 31877 Del Obispo Street, Suite 211 (street) San Juan Capistrano, CA 92675 and THE CITY OF (City,state,zipcode) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Ejj 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: 67,000 square foot industrial REV 4-2-82 on C '"'^" 988 i said Property, which development carries the proposed name of and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 7 day of 19 Of , with the City a request for site development plan approval 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 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. -2- REV 4-2-82 989 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 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 ^r, 990 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- ..-*- 991 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: \ f f7.1 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 4-2-82 992 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Palomar Venture (name) BY ff. (Title) BY 7/7 CITY OF CARLSBAD, a municipal corporation of the State of California City Manager (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Cleric APPROVED AS TO FORM: APPROVE VINCENT ty Attorney .niel S. Mentschke, Assistant VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-2-82 &I 993 SAFECO TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF San Diego On this the SS. 4th . day of_84 said State, personally appeared F.M. Brusseau 19 84, before me, the undersigned, a Notary Public in and for , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as one of partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. £ Signature Tordis Paplow FOR NOTARY SEAL OR STAMP OFFICIAL SEAL TORDIS PAPLOW NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. expires DEC 18, 1987 5/ r "A" "^c PARCEL 1: ' " :"" (~ •W *-• * Commencing at a point on the Westerly line of the right of way 100 feet wide e of the Atchison, Topeka and Santa Fe Railroad Company (Formerly California Southern Railroad Company) as described in Deed recorded in Book 38, page 171 of Deeds, in the Office of County Recorder of San Diego County, distant thereon South 23°05'40" East, 1878 feet from a 2 inch iron pipe marked "R. E. 32" set for the Southeast corner of Record of Survey No. 1806, filed in the Office of County Recorder of San Diego County, April 30, 1948; thence North 15°53'40" East, 79.46 feet to a point on the center line of said Railroad Company right of way, distant thereon North 23°05'40" West, 550.26 feet from a 2 inch iron pipe (buried 2 feet) set for Railway Station 2191 plus 54.40; thence continuing North 15°53'40" East, 332.33 feet to the TRUE POINT OF BEGINNING; thence from a tangent which bears North 85°21'01" West along a. curve to the left with a radius of 152 feet through an angle of 27°44'39", a distance of 73.60 feet; thence South 66°54'2011 West, 88.32 feet to a point on the Easterly line of said Railroad right of way; thence along said Easterly line, North 23°05'40" West 23.00 feet to a point which bears North 66°54'20" East, 50.00 feet from Railroad Station 2200 plus 03.40 on the center line of said Railroad right of way; thence continuing North 23°05'40" West, 23.00 feet; thence leaving said Easterly line, North 66°54'20" East, 88.32 feet; thence along a tangent curve to the right with a radius of 198 feet, through an angle of 30°22'46", a distance of 104.98 feet; thence South 15"53'40" West, 46.68 feet to the TRUE POINT OF BEGINNING. PARCEL 2: A strip of land 10 feet wide, lying 5 feet each side of the following described center line. Commencing at a point on the Southerly line that portion of said RANCHO AGUA HEDIONDA described in Parcel 2 of Deed to Paul Ecke and Magadalena Ecke, recorded in Book 1749, page 54 of Official Records, in the Office of County Recorder of San Diego County, distant thereon North 89°56'17" West, 636.32 feet, more or less, from the intersection of said Southerly line with the said Westerly Railroad right of way line, said Point of Commencement being the Southwesterly corner of that certain Parcel of land described in Deed to State of California, recorded August 30, 1935 in Book 432, page 60 of Official Records, thence along the Westerly line of said Parcel, North 23°06'00" West, 39.53 feet; thence along tangent curve to the left with a radius of 4950 feet, through an angle of 04°05'30" a distance of 353.49 feet; thence North 27°12'00" West, 194.02 feet to a point designated as "A"; thence continuing North 27°12'00" West, 168.51 feet to the TRUE POINT OF BEGINNING; thence leaving said Westerly line, North 54°38'00" East, 61.62 feet. The side lines of said 10 foot strip to be shortened or prolonged so as to begin and end in the prolongation of a strip of land 61.00 feet wide, lying Northeasterly at right angles from said course described as North 27°12'00" West, 168.51 feet. PARCEL 3: A strip of land 10 feet wide, lying 5 feet each side of the following described center line: Beginning at a point on the Westerly line of said Parcel described in Deed recorded in Book 432, page 60 of Official Records, designated in Parcel 2 above as Point "A"; thence North 62°48'00" East 61.00 feet.