HomeMy WebLinkAboutMS 748; Kubota, Jack & Patricia; 89-412047; Payment of Fees for Undergrounding Utilities. . ,,.‘I’ *;.m I* - 2047
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RECORDING REQUESTED BY AND ) :'T-ti-;L 'L-.2 ~ 1 r :- : f'. ,..:- .. 7 _, -..._ _
WHEN RECORDED MAIL TO:
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CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008 )
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Documentary transfer tax: NO Fee
name City of Carlsbad
Parcel No. 156-120-61
AGREEMENT TO PAY FEES FOR UNDERGROUNDING
EXISTING OVERHEAD UTILITIES
THIS AGREEMENT is entered into this /c day of A; , 19g?
by and between Jack Y. and Patricia R. Kubota, husband and wife, hereinafter
referred to as "Developer" whose address is P.O. Box 1095, Carlsbad, CA 92008
and THE CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City" whose address is 1200 Elm Avenue, Carlsbad,
California, 92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described 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 the City; and
WHEREAS, Developer proposes a development project as follows: Minor
Subdivision 748 on said Property, which Development carries the proposed name
of N/A and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 14th day of July, 1987, with the City as
a request for parcel map hereinafter referred to as "Request."
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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 fee for undergrounding existing
overhead utilities along the boundary of his property as required by a condition
of approval of his requests. This undergrounding fee shall be in addition to
any fees, dedications or improvements required pursuant to Titles 18, 20 and 21
of the Carlsbad Municipal Code.
3. Payment shall be due 30 days from the date the undergrounding fee
is established or prior to the final map approval, which ever occurs last.
4. Developer hereby waives his right to challenge said undergrounding
fees. Developer further waives any rights to pay the undergrounding fees
referred to herein under protest.
5. City agrees to deposit the undergrounding fees paid pursuant to his
agreement in a undergrounding fund for the financing of undergrounding utilities
in the City of Carlsbad when the City Council determines the need exists to
provide the undergrounding and sufficient funds from the payment of this and
similar fees are available.
6. Subject to Paragraph 3, the City agrees to issue 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.
7. 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
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the section, City, upon request of Developer, may allow additional time to pay
the undergrounding fee.
8. In addition to the other remedies available to the City, it is hereby
agreed that if Developer does not pay the undergrounding 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.
9. 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 part. Any such notice shall not be effective for any
purpose whatsoever unless served in one of the following manners:
9.1 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 prepared and certified.
9.2 If notice is given to Developer by personal delivery thereof to
Developer or by depositing the same in the United States Mail, enclosed in a
sealed enveloper, 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.
10. The City sha 11 not, nor shall any officer, emp loyee 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 agreement, regardless of the nature of the loss or damage.
11. This agreement and the covenants contained herein shall be binding
upon and enure to the benefit of the successors, heirs, assigns and transferees
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of Developer and shall run with the real property and create an equitable
servitude upon the real property.
12. 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 and appropriate fees paid to recorded a release, City shall
recorded the release.
13. The prevailing party in any dispute between the parties shall have
the right to recover from the non-prevailing party all costs and attorney's fees
expended in the course of such dispute.
14. 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:
Jack Y Kubota, Plo. Box 1095
Carlsbad, CA 92008
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IN WITNESS WHEREOF, this agreement is executed in San Diego County,
California as of date first written above.
OXOPER-OWNER CITY OF CARLSBAD a municipal
corporation of the State of
California
-
(Title)
MARTIN ORENYAK
for City Manager
BY
L lILtA/
(Title)
ATTEST:
ED AT TO FORM:
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached)
STATEOFCALIFORNLA
COUNTYOF San Dieuo
Onthis 15 dayof May ,intheyear 1989 ,
before me, the undersigned, a Notary Public in and for said County and State,
personally appeared Jack Y. KW Patricia R. Kubota personally known to me (or proved to me on the basis of satisfactory evidence) t; be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it.
$&I Coqnty bd State
FOR NOTARY SEAL OR STAMP
Ka/rren Gonb!aled- /
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EXHIBIT "An
LEGAL DESCRIPTION
Parcel "A", in the City of Carlsbad, County of San Diego, State
of California, as shown at Page 720 of Parcel Maps, filed in the
Office of the County Recorder of San Diego County, January 20, 1972, as File No. 15655; together with that portion of the Frontage Road
(also known as Pio Pica Drive) per Relinquishment Map No. 19046,
File No. 69239, dated March 23, 1972, all more particularly described
as follows:
Beginning at the northeasterly corner of Parcel "A" of said Parcel Mag No. 720; thence southerly along the easterly line thereof, South 01 58'43" West (North Ol"58'30" East per record) 72.47 feet to the beginning of a tangent 929.58 foot radius curve (929.54 foot radius per record) concave easterly: thence southerly along the arc of said curve through a central angle of 27°05'41" a distance of 439.59 feet to an angle point in the easterly right of way and access control line of State Highway ll-SD-5 (Interstate 5 Freeway), a radial line from said angle point bearing North 64°53102" East (North 64O52'36" East per deed)6 thence northerly along said easterly right of way
line, North 26 15'59" West 99.82 feet (North 26°17t40" West 99.70 feet per record) to an angle point therein: thence continuing along
said easterly right of way line, North 21°40'16" East 442.39 feet (442.37 feet per record) to the northwesterly corner of Parcel "A" of said Parcel Map No. 720; thence easterly along the northerly line of said Parcel "A", South 89'16'29" East 122.71 feet (North 89'21'23" West 122.64 feet per record) to the point of beginning.
The above described land contains 21,096 square feet, more or less.
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