HomeMy WebLinkAboutZC 221; BANDEMER, OTTO/SCHLEHUBER, CLARENCE; 89-041293; Public Facilities Fee Agreement/Release•% 1445 04(293
Recording Requested By
and Return To:
' CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA '92008
8IJV25
I VERAL. LYLE I
"LfflftTY RECORDER [
RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES
ttF6.0CL
AR2.00
MG i.oo:
PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities
Fees between the City of'Carlsbad and Bandemer, Otto & Clarence Schlehuber
(81-16)
required by an Application for ZC-221/SDP-81-2
, as Document No. 81-232518
and recorded on
. is hereby
released for the following reason:
|| Fees Paid and Obligation Satisfied
| | Application Withdrawn
|xx| Other Application Denied
DATED:12/13/88
CITY OF CARLSBAD
MARTIN 0RENYAK
Community Development Di'rector
ATTEST
ALETrA L.
Citv Clerk
.-..-F.-.CVED AS TO FOR'!:
APPROVED A? "TI'> A:)Ri^:
Fh F. OJONV/, JR.,
BY
KEY
RONALD R. BALL
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
1446
On January 11, 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
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 the official seal.
On*****************************OFFICIAL SEAL J
KAREN R. KUNDTZ J
NOTARY PUBLIC—CALIFORNIA $
SAN DIEGO COUNTY *
My Comm Exp. Sept. 27, 1989 *
******************************
Notary.
'•iU "'rscor-Jng return to: '
Ci ly o'! Carlsbad
V.OO El* Avs.
Urlsbad, CA 92008 .
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FF-F,
THIS AGREEMENT is entered into this 2 3 day of October .
19 80 , by and between Otto H. Bandemer and Clarence H. Schlehuber
• §
(name of developer-owner) - '
a owners ' ,hereinafter referred to as
(Corporation, partnership, etc.)
"Developer", whose address is 690 Elm Ave., Suite 101 ,
(street)
Carlsbad, CA 92008 , and THE CITY OF
J(CityT state, zip code)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200^
Avenue, Carlsbad,. California, 92008.
' W I T N E S S E T H:
WHEREAS, Developer is the owner of the reaSsproperty de^efibed
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:.
To rezone to R-P
264
on r;aid Property, which development carries the proposed name
Of BANDEMER & SCHLEHUBER
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 23 day of
19 80 , with the City a request for rezoning
(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
xfacilities 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, da ted'August 29, 1979, 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
v 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 dble to
make any such finding without financial assistance to pay for
such services and facilities; and, therefore. Developer proposes
2.
265
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 shall pay to the City a public facilities
fee in an amount not to exceed 2% of the building permit valuation
of the buildings 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 develop-
ment 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. A credit toward such fee shall be given for land which has
been dedicated for park purposes or for any fees paid in lieu
thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code.
Developer shall pay a fee for conversion of existing build:igs 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
3.
266
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. A credit toward such fee shall be given
for land which has been dedicated for park purposes or for.any fees
paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad
Municipal Code.
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 agree-
ment. 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
• 4.
267
he 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.
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 by 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
5.
268
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 suqh
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 on the Property. When the obligations
of this agreement have been. satisfied, City shall record a release.
6,
269
IN WITNESS WHEREOF, this agreement is executed in San Diego
Couuty, California as of the date first written above.
DEVELOPER-OWNER:
CITY OF CARLSBAD, a municipal
corporation of the State of Calxforma
BANDEMER & SCHLEHUBER
"(Name]
BY
Attorney at Law
(Titl
Attorney at Law -
City Manager
ATTEST:
RAUTENKRANZ, cty
APPROVED AS TO FORM:Attorney
VINCENT
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must
be attached.)
ta
6
STATE OF CALIFORNIA ^
COUNTY OF SAN DIEGO f SS-
On QgtOber 23, 1980 '_ before me,
the undersigned, a Notary Public in and for said County and State,
personally appeared OTTO H. BANDEMER
to be the person whose name
within instrument and acknowledged that-
same.
, known to me
subscribed to the
bo executed the
Clarence H.
270
SAFECO
FOR NOTARY SEAL. OR STAMP
" • " ii — i — IT "W-J'N^-
OFFICIAL SEAL
CLARENCE HAROLD SCHLEHUBER
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
J1ycomm. expires SEP 13, 1983
TO 1944 CA (8-74)
(Individual)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On October 23, 1980
t
uttuix
uiJa.
*
ss.
TITLE INSURANCE
ANDTRUST
ATtCOR COMPANY
State, personally appeared.CLARENCE H. SCHLEHUBER-before me, the undersigned, a Notary Public in and for said
_whose name-to be the person,
to the within instrument and acknowledged that-
executed the same.
WITNESS my hand and official
Signature
_, known to me
subscribed OFFICIAL SEAL
OTTO H. BANDEMERNOTARY PUBLIC - CALIFORNIA
SAM D:EQO COUNTYMy cor.-::n. e-pires MAY 14, 1982
(This area for official notarial seal)
Sl-233519
FiLE/PAGENO. __no OK K;,-57 "*""""""
RECORDED REQUEST OP
EXHIBIT "A" ...
LEGAL DESCRIPTION *
ORDER NO. 791464-F
RECORDER
The Westerly 114.00 feet of the following described property:
All that portion of Tract 117 of Carlsbad Lands, in the City of
Carlsbad, County of San Diego, State of California, according to
map thereof No, 1661, filed in the office of the County Recorder
of San Diego County, March 1, 1915, described as follows:
Beginning at the most Northwesterly corner of said Tract 117,
running thence South 89° 57 "00" last along the Northerly line of
said Tract a distance of 262.95 feet to a point; thence South
0°58'00" West a distance of 148.69 feet; thence North 89°57'00"
West to the Easterly boundary line of Fourth Street, as said
Street is shown on said Map No. 1661, thence Northerly along the
Easterly boundary of said Fourth Street to the Point of Beginning
Excepting from said Westerly 114.00 feet the Northerly 79.00
feet thereof.
Also excepting therefrom that portion described in deed to the
City of Carlsbad recorded May 23, 1967 as File No, 72864 of
Official Records, being more particularly described as follows:
Beginning at the most Northwesterly corner of said Tract 117;
thence South 0°05' West along the Easterly boundary of Fourth
Street (now known as Jefferson Street), a distance of 84.52 feet
to the TRUE POINT OF BEGINNING; said point being the beginning
of a tangent curve concave Northeasterly, having a radius of
268.31 feet; thence Southeasterly along said curve through a
central angle of 13°50t10", an arc distance of 64.79 feet;
thence North 8'9P57' West 7.13 feet to a point on the Easterly
boundary of Fourth Street (now known as Jefferson Street) ; thence
North 34"33' West along the Easterly boundary of Fourth Street
(now known as Jefferson Street), 1.15 feet; thence North 0°05'
East along the Easterly boundary of Fourth Street (now known as
Jefferson Street), 63.22 feet to the TRUE POINT OF BEGINNING.