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HomeMy WebLinkAboutCB994042; Palomar Crest LLC; 1999-0823451; Local Facilities Mgmt Zone Fee Agreement/ReleaseM RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) \ I City Clerk i OFFICIRL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY d. SnITHs COMTY REMFDER FEES: 28.00 Cll% OF CARLSBAD 1 1200 Carlsbad Village Drive 1 Carlsbad, California 92008-1989 ) lll~ll~llRhpl~lll~l~l~ll~lll Space above thl= I .-__.__. 1999-0823451 - ___ on said Property, which development carries the proposed name of ~NUf33r eow. and is hereafter referred to as "Development"; and LFMP Zone Transportation Fee 1 WHEREAS, Developer tiled on the /o day of d O*m? ,199;! with the City a request for @'% (%T4&4 hereinafter referred to as "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; 182'7 on April 27. 1999. If said fee hasnot 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 'on permits", "other construction rence to mobilehome he construction of 21 of the Carlsbad Municipal Code. The termCalh permit" and "entitlement for sites or projects, sh underground or st and the fee paid pursuant hereto nces to enable DeveloDer l.c;.> i.lr-*xx . 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. I LFMP Zone Tranrpomtion Fee 3 5/25/99 5. All obligations hereunder shall terminate in the event the Request made by Developer is not approved. 6. 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: ... ... ... ... LFMP Zone Transportation Fcc 4 5/25/99 8. 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. 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 rnunicioal 5 sns199 1830 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, 'AND IS DESCRIBED AS FOLLOWS: LOT 22 OF CARLSBAD TRACT NO. 74-21, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SA LFMZ Transpntation Fee 6 4/99 1831 State of California 1 1 County of San Diego ) personally appeared msk.R,mcwm (Name[Y] of Signem) I_ '\ , personally known to me 4R" 6) to be the persony) whose name@ is/a$ subscribed to the within instrument and acknowledged to me that he/s executed the same in his/tj$r/tyir authorized capacity(ie(s), and that by his/t#r/t#ir signatureo) on the instrument the person@, or entity upon behalf of which the persong) acted, executed the instrument. Pt%Y WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above 1832 State of California 1 1 County of San Diego 1 personally appeared t n rr/ /So.onp/r - (Name[s] of Signefls]) - \~ personally known to me -QR - (proved to me on the basis of satisfactory evidence) to be the personM whose namep islare subscribed to the within instrument and acknowledged to me tham executed the same in his/heHtmr authorized capacity(ies), and that by- signaturew on the instrument the person$$, 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) Date of Document no o 2, / 9 ? 9 No. of Pages Signer(s) other than named above flA1.l.- /3+* MaA41.rn