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.