HomeMy WebLinkAboutPE 2.90.10; Duggins, Glenn & Joy; 1991-0580610; Drainage Fee Agreement/Release--- ___ __ I. -
RECORDING REQUESTED BY AND ) 08-NYJ-tBI
WHEN RECORDED MAIL TO: cF;1;i$i gE;zR;j
CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 )
a.
Parcel No. 167-070-22, 23
AGREEMENT TO PAY DRAINAGE FEES AS REQUIRED BY THE GROWTH MANAGEMENT PROGRAM AND THE ADOPTED LOCAL r*"' FACILITIES MANAGEMENT PLAN FOR ZONE 1 .-
FE 2.90.10 \ ;.
THIS AGREHMENT is entered into this 25 7% '\ i day of \ ~&&- , 19% by and between Glenn E. Duggins and Joy L. Duggins
Husband and Wife as Joint Tenants as to Parcel 2 and Alton K.
Brown and Normajean Brown, Husband and Wife as joint tenants as
to Parcel 3, hereinafter referred to as "DeveloperV1 whose address
is 3619 Amigos Court, Oceanside, CA 92056 and THE- CITY OF
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "CityV1 whose address is 1200 Elm
Avenue, Carlsbad, California, 92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real property
described on Exhibit 'rA1*:, attached hereto and made a part of
this agreement, hereinafter referred to as "Property"; and
WHEREAS, The Property lies within the boundaries of the
City: and
WHEREAS, Developer proposes a development project as
follows:
grading for two (2) single family dwellings on said Property,
which Development carries the proposed name of Duggins and Brown
Residences, PE 2.90.10 and is hereinafter referred to as
AGREEMENTS AG-9.frm 1 REV. 8/23/90
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TIVDevelopmentV1; and
WHEREAS, Developer filed on the 26 day of February, 1990,
with the City as a request for grading permit hereinafter
referred to as VVReguest*V; and
WHEREAS, On June 26, 1984, the Developer of Minor
Subdivision 660 entered into an agreement with the City to pay
Public Facilities fees a$ 3.5 percent of the building permit
valuation. A copy of the agreement is on file with the City
Clerk and is incorporated by this reference.
WHEREAS, Developer and Qity reco@zethe correctness of the
Local Facilities Management Plan for Zone 1, on file with the
City Clerk and incorporated by the reference, and that the City's
drainago facilities may be at or near capacity in the drainage
sub-basin where this development is located, and may not be
available to accommodate the additional drainage demands on such
facilitfes &r&services resulting from the propoW& Development;
and
WHEREAS, said plan for Zone 1 rewires that all public
facilities, including drainage, necessary to serve a development
will be available in confurmance with the City's adopted
performance standard (said Zone Plan is on file with the City
Clerk and is incorporated by this reference): and
WHEREAS, Developer has asked the City to find that drainage
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 satisfy the Local Facilities Management Plan for Zone 1 by the
AGREEMENTS AG-9.frm 2 REV. 8/23/90
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payment of drainage fee.
NOW, THEREFORE, in consideration of the recitals and the
covenants contained herein, the parties agree as follows:
1. That the foregoing recitals are true and correct.
2. The Developer shall pay to the City a drainage fee as
required by the Local Facilities Management Plan for Zone 1 as
may be detailed in said plan and iuicorporated by reference and as
determined through the revised Master Drainage Plan necessary to
provide drainag& facilities in conformance with the City's Growth
Management performance standard. This drainage fee shall be in
addition to any fees, dedications or improvements required
pursuant to Titl;es 18, 20 and 21 of the Carlsbad Muniefpal Code.
3. This agreement and the drainage fee paid pursuant
hereto are regUired to ensure the consistency of the Development
with the City's General Plan, the Growth Management Program and
the Local Facilities Management Plan for Zone 1. If the fee is
not paid as provided herein, the City will not have the funds to
provide draSnage facilities and services, and the Development
will not be consistent with the General Plan, the Growth
Management Program or the Local Facilities Management Plan for
Zone 1 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 drainage facilities fee is paid
or this agreement is executed.
4. That Developer agrees to pay the drainage fees
identified by the City Council as necessary to pay for the cost
of providing the drainage improvements or facilities which are
required by the Growth Management Program and the revised Master
Drainage Plan, or any other provision of Chapter 21.90 of the
AGREEMENTS AG-9.frm 3 REV. 8/23/90
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Carlsbad Municipal Code, or any other provision of law. Payment
shall be due 30 days from the date the drainage fee is
established. Developer hereby waives his right to challenge said
drainage fees. Developer further waives any rights to pay the
drainage fees referred to herein under protest and that any
protest shall immediately subject the project to the provisions
of Section 21.90 of the Carlsiba& EfUllicipal Code, or any provision
of law.
5, Developer agm@s to construct, or participate in
financing th* construction of public facilities and improvement
identified in the citywide facilities and improvements plan or
the Local Facilities Management Plan to the extent that those
facilities or improvements are allocated to Developer's property
or project and are not financed by the fees referenced hereto.
6. City agrees to deposit the drainage fees paid pursuant
to this agreement in a drainage fund for the financing of
drainage facilities as needed in the City of Carlsbad when the
City Council determines the need exists to provide the facilities
and sufficient funds from the pay%mnt of this and similar fees
are available.
7. Subject to parag-staphs 3 and 4, the City agrees to issue
I building and other development permits pursuant to the provisions
of the Carlsbad Municipal Code Title 18, 20, and 21 to the extent
such permit comply with applicable provisions of law.
8. In the event that the payment required by this
agreement is not made when due the City may pursue any remedy,
legal or equitable (including those specifically referred to
herein), against the Developer and the Developer's successors,
heirs, assigns and transferees. Without waiving its rights under
AGREEMENTS AG-9.frm 4 : .' REV. a/23/90
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839
the section, City, upon request of Developer, may allow
additional time to pay the drainage fee.
9. In addition to the other remedies available to the
City, it is hereby agreed that if Developer does not pay the
drainage fees specified by this agreement the City may revoke the
building permit for the project or may deny or revoke a
Certificate of Occupancy for the project or both upon 15 days
written notice to Developer of the revocation or denial.
10. Any notice from one party to the other shall be in
writing, and shall be dated and signed by the patiy'giving such
notice or by a duly authorised representative of such part. Any
such not&e shall not be effective for any purpose whatsoever
unless served in one of the following manners:
10.1. If notice is given to the City by bersonal
delivery thereof to the City or by depositing same in the United
States Hail, addressed to the City at the address set forth
herein, cmclosed in a sealed envelope, addressed to the City for
attention of the City Manager, postage and prepared and
certified.
10.2. If notice is given to Developer by personal
delivery thereof to Devsl@&er or by depositing the same in the
United States Mail, enclosed in a sealed envelope, addressed to
Developer at the address as indicated in this agreement or at
another place as designated to the City by the Developer in
writing, postage prepaid and certified.
11. The City shall not, nor shall any officer, employee of
the City, be liable or responsible for any loss or damage
happening or occurring to Developer's building for the exercise
of any of the remedies provided to the City pursuant to this
AGREEMENTS AG-9.frm 5 REV. 8/23/90
840
agreement, regardless of the nature of the loss or damage.
12. This agreement and the covenants contained herein shall
be binding upon and enure to the benefit of the successors,
heirs, assigns and transferees of Developer and shall run with
the real property and create an equitable servitude upon the real
property.
13. This agreement sba!kl be recorded but shall not create
a lien or security interest in the Property. When the
obligations of this agreelnrent have been satisfied and appropriate
fee paid to record a release, City shall record the release.
14. The prevailing partyin any dispute between the parties
shall be the right to recover from the non-prevailing party all
costs and attorney's fees expanded in the course of such dispute.
15, Except as otherwise provided herein, all notices
required or provided for under this agreement shall be in writing
and shall be delivered in person or served by certified.mail
postage prepaid, Delivery of notice to Developer shall be
presumed to have been made on the date of mailing regardless of
receipt by Developer. Notices required to be given to Developer
shall be addressed as follows:
AGREEMENTS AG-9.frm 6 REV. 8/23/90
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Glenn Duggins 841 ’ x
3619 Amigos Court Oceanside, CA 92056
Executed by Developer this 1991 . d d day of 9 '9/ ,
DEVELOPER: CITY OF CARLSBAD a municipal
Glenn E. Duggins and Joy L. Duggins corporation of the State of
Husband and Wife as Joint Tenants as
. JOY L, ,m (print name here)
Tenant Parcel 2 zation of signatory)
Alton K, Brown (print name here)
Husband asJoint T nan P 1 (title and 'organiz%& o?%?gn:tory)
By:
Normajean Brown (print name here)
Wife as Joint Tenant Parcel 3 (title and organization of signatory)
(Proper notarial acknowledgement of execution by DEVELOPER must be attached)
(President or vice-president and secretary or assistant secretary nust sign for corporations. If only one
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary
under corporate seal enpouering that officer to bind the corporation.)
APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney
By: ‘Y
Deputy City mtorney
AGREEMENTS AG-9.frm 7 REV. 8/23/90
INDIVIDUAL ACKNOWLEDOMENT
State df CALIFORNIA
1 On this the 19thday of Sep,,mber 1991, before me,
SAN DIEGO ss.
County of Gistala Hauser --------------------___ ,
the undersigned Notary Public, personally appeared
Joy L. Duggins ---------_---------_- ~**********+*********+**+************** t IJ:‘.‘!TiAL SI:AL z 5 t :;:;:‘;<LA HAUSER :
‘i0 i kY PUBLIC-CALIFORNIA t
t NOTARY BOND FILED IN :
$ SAN OIEGO COUNTY 2
it My Commission Expires July 23. 1993 t *+*********************************~
q personally known to me
[XI proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) ic subscribed to the
within instrument, and acknowledged that she executed it.
WITNESS my ha@ and official seal./
Notary’s anature
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document Agreement to pay Drainaqe Fee
Number of Pages 7 & Exhibit Date of Document 9-5-91
-,.,.A . . . ^ .,m,..,.. ..n...-., .c.,.,-.,.,.~~., F.-------&. A.. -- *.... ^-~ ---* cA Q,‘yld-, I I”“-l”Il w lYnl l”lYfiL IN” IHIll A~XJUN lLR-4. w.m nemme rAve.~r”.wxrIcu.caflcga .-..,- ~ -.-_.
INDIVIDUAL ACKNOWLLDOMENT No a31
State of CALIFORNIA On this the u day of 199L, before me, SwPr
SAN DIEGO ss.
County of
Gisela Hauser ----------_---_--------
the undersigned Notary Public, personally appeared
Glenn E. Duggins, Alton K. Brown and
r
Normajean Brown --------------------- ******+++******+**************+*****
s OFFICIAL SEAL t IX[ personally known to me
t GISELA HAUSER x
s NOTARY PUBLIC-CALIFORNIA t
0 proved to me on the basis of satisfactory evidence
t NOTARY BOND FILED IN
s SAN DIEGO COUNTY
$ to be the person(s) whose name(s) are subscribed to the
MY Commission Expwes J~IY 23, 1993 t within instrument, and acknowledged that they executed it. * ************************************ s
ignature
A~ENTION NOTARY: AjthO@, the jnfomatjon requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document.
THIS CERTlFlCATE
MUST BE A-l-LACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document Agreement to pay Drainage Fees
Number of Pages 7 & Exhibibate of Document 9-5-1991
Signer(s) Other Than Named Above Joy Lo Dugg1ns ’ ‘lty Attorney City Manager
0 NATKXWL NOTARY ASSCKIATKJN * 8236 Remmet PNe. - PO Box 7184. Caccga rmrn, -
843
EXHIBIT 'A'
LEGAL DESCRIPTION
APN 167-070-22 (DUGGINS)
PARCEL 2 OF PARCEL MAP NO. 14001, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 29, 1985 AS FILE NO. 85-404167 OF OFFICIAL RECORDS.
APN 167-070-23 (BROWN)
PARCEL 3 OF PARCEL MAP NO. 14001, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 29, 1985 AS FILE NO. 85-404167 OF OFFICIAL RECORDS.