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HomeMy WebLinkAboutCB993256; Anglin Family Trust; 2000-0030110; Local Facilities Mgmt Zone Fee Agreement/Release*- ,.;‘, r . *; 2944 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 JFlN 20. 2000 10: 49 AM GfFICIhL REam ~44’4 DIEM CUNTY REURDER’S OFFICE GaGoRy f.$ITH, NU&kfCUUER I City Clerk j CITY OF CARLSBAD 1200 Carlsbad Village Drive ; Carlsbad. California 92008-1989 ) 2000-0030110 Space above this line for Recorder’s use by and a (carp “Develc THIS AG +‘XEEMENT BETWEEN DEVELOPER/OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A LOCAL FACILITIES MA NSPORTATION FEE ~Iz.Acr-s.QL- and WHEREAS, Develo f%lffl\lk W~‘U~ OWl~/~~~ll~ ,fa A -fztim sw/l-ccH?u6f d-l?&se. on said Property, which development carries the proposed name of %?Ktrlr p6 4d I Itw cl%Im and is hereafter referred to as “Development and I.FMPZoncTcmpmionF~ 1 sl25ls9 CB 34 32SL’ .,~ ‘. r .‘, . 2845 - J/ WHEREAS, Developer filed on the 31 lday of &.6%[-.@2% .I922 with the City a request for ~Y!~~~~K* hereinafter referred to as c599- 3a5b “Request”; and WHEREAS, the Growth Management Ordinance (Carlsbad Municipal Code Chapter 21.90) 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; and WHEREAS, Developer&tg Ordinance, and that th are at capacity an the Growth Management facilities resultir WHE Development; and r has asked the City to find that publi herein, the parties fee in and amount estimated at $10.00 per Av evelopment pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the Development. Notwithstanding the forgoing, said fee is subject to adjustment, based upon the amount of the LFMP Zone, transportation fee, or other fee, ultimately adopted by the City Council as the basis for termination of the Moratorium declared by the City Council LFMP Zone Trpnspartatim~ Fcs 2 92589 2846 on April 27, 1999. If said fee has not been paid prior to final Council action formally adopting such fee, this fee shall automatically be adjusted to be the same as that fee. If this fee has been paid prior to such Council final action, then this fee,will again automatically be adjusted, and Developer shall, within thirty (30) of written notice thereof by City pay any shortfall; or City shall within thirty (30) days of such determination, refund any overage. This fee shall be in addition to any taxes, fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. The permit” and “entitlement for er mnstructton permits”, “other construction reference to mobilehome he construction of to the use or - &p$ and the fee paid pursuant hereto ari consistency urances 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. LFMP Zms Transportation FCC 3 sii5&9 2847 5. All obligations hereunder shall terminate in the event the Request made by Developer is not approved. 8. 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: 6.1 If notice is given to th depositing same in the United snclosed in a sealed en nal delivery thereof to the City or by address set forth herein, anager, postage en to Developer by perso e United States Mail, enclosed in a % D&eloper dressed bi :; j: successors . . . . . . . shall LFMP Zone TrpnsrmrtDtion Fee 4’ 2848 8. This agreement shall be recorded but shall not Kate a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corooration of the&ate of Oaliiomiti (Notarial acknowl ched). r corporations. Ii ~~~~%d by the secretary or the corporation). (If signed by an individual partner, th authorizing the partner to executelhis instrument). ch a statement of partnership 284.9 . State of California County of 88r”lllbi f Los Angeles On l/3/00 before me, Cherie DuPont, Notary Public (Date) (Name, Title of Officer)’ personallyappeared Virgil E. Anglin and Patricia L. Anglin- - - - (Name[s] of Signer[s]) , personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacky(ies). and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages EXHIBIT “A” LEGAL DESCRIPTION 2850 Lot 10, Carlsbad Tract 79-01, filed in the Office of County Recorder of San Diego County, September 26, 1979, being a subdivision of Parcel B of Parcel Map No. 7150, filed in the Office of County Recorder of San Diego County, April 19, 1978, being in the City of Carlsbad, County of San Diego, State of California.