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Home My WebLink AboutMS 93-03; Hanlin Trust; 1995-0268408; Payment of Fees for Undergrounding UtilitiesL--SC # 1995-0268408 27-JUN-1995 01=28 PM DFFICInt RECORDS ‘&I DIEOD WulM RECMDER’S OFFICE 390 El . : 6REOORY C8;l; COIRITY~~OER 25. lx RECORDING REQUESTED BY AND ) WREN RECORDED RAIL TO: City Clerk ; 1 CITY OF CARLSBAD d 1200 Carlsbad Village Drive ,)qf Carlsbad, California 92008 ) iw ‘:i IFI . : ',,,, Space above this lfi#'for Recorder's use : Parcel No. 2G7-1~63-3.1 " AGREEMENT TO PAY FEES FOR UEDRRGROUWDIRG ; MS 93-03 THIS AGREEMENT is entered into this :3&D :'day of _ by and between Craig W. Sherman, Trustee of the Harriet F. Hanlin Trust Dated February 16, 1989 hereinafter referred to as "Developern whose address is 4630 Sheridan Road, Oceanside, CA 92056 and TBE,C&YOF CARLSBAD, a municipal corporation of the Sgate ,cf;, California, hereinafter referred to as "CityH' whose&dress is 1200 Carlsbad Village, Drive, Carlsbad, Calif&&, 92008. WHEREAS, Developer is the owner of the real property described as Lot 13 of Carlsbad Highlands, Map 2647 Recorded April 18, 1950, hereinafter referred to as "Propertyll; and WHEREAS, the Property lies within the boundaries of the City: and WHEREAS, Developer proposes a development project as follows: Minor Subdivision of an existing residential parcel into three ~EIEYTSIIC-l.FI(I 1 REV 111w92 residential parcels on said Property, which~ Development carries the proposed name of Royalty Minor Subdivision and is hereinafter referred to as llDevelopmentH; and WHEREAS, Developer filed on the 4th day of August, 1993, with the City as a request for parcel map hereinafter referred to as "Reguest.1° ,,, *;. ,i NOW, THEREPCRR, 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, dedkcations or improvements required putsuant~'to Titles la,,20 and 21 of.the Carlsbad Municipal Cod@." : " '3. 'Pkiyment shall be due 30 days from&e date the undergrounding, fee is established or prior to the final map approval, which ever ocours 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 :ists to provide the payment of when the City Council determines the need ex the undergrounding and sufficient funds from this and similar fees are available. 6. Subject to Paragraph 3, the City agrees to issue MREEHsTs,A6- 1. Flm 2 REV 1l/omz - 392 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 D&eloper and the Developer's successors, heirs, assigns and transferees. Without waiving its rights under 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 revolce the building permit for the project or may--deny or revokk a Certificate of Occupancy for the projectorboth upon 15 days written notice to Developer of the revocation or denial, 9." Any ~&ice from one party to the o&r shall be in writing, and shal'l 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 MREEEIITSIAE-l.FII 3 REV 111w92 . ? 393 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 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 "%&i&dies provided to the City pursuant to this agreement, regardless of the nature of the loss or damage. 11. This agreement and the covenants conta,ined herein shall be binding upon and enure to the benefit of the succe6sors, heirs, assigns and transferees 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 Pro rty. 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 hCUEOEYTSlA6-l.FPW 4 mll/ow2 394 to be given to Developer shall be addressed as follows: Craig W. Sherman 4630 Sheridan Road Oceanside, CA 92056 Executed by Subdivider this ,?z' day of /J%/!f 19%. , CITY OF CARDSBAD, a municipal SUBDIVIDER corporation of the State of California Craig W. Sherman, Trusteeof- the Harriet F. Hanlin Trust Dated February 16; ,1989, as Owner (Proper notarial acknowledgement of executionby':&BDIVIDER must be attached) .., (Presidetit "or vice-president and secretary or $isistant secretary must sign for corporations. If only .onei.officer signs, the corporation must attach a resolution c ified by the secretary or assistant secretary under c&rporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: By: MfEBENTS/AC-l.FR" 5 REV llIw92 , . . . .- State of Calii"rnia 395 County of San Diego On MAY 03, 1995 before me. HEATHER DEVERBIJX personally appeared **CRAIG W. SK&MAN. TRUSTEE OF THE g&EIET F. H&Q&N TRUST DATED FEBRUARY 16 ILa*LQ**~* * * * * * * * * * * x * * * * * * * * * -,“,~.~~~~ ~. .~ __ __ . . . . . . p proved to me on the basis 0; satisfactory evidence) to be the person+) whose name+) is,k-re subscribed to the within instrument and acknowledged to me that hew executed the same in his-r authorized capacity&e@, and that by his- signature+) on the instrument the person+@, or en,tity upon behalf of which the person++ acted, exec~~~~ar,t~,~";~;i~t~ wTNESS my AOREEIIEWTb,AG-12.FRII ,. ,, ,a;,; :: i Rev. 11104/92 . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of h+L-lFoedrA County of SRIU alEG 396 On .luh)E 13; IqciS before me, dOtJAM s. 5Tlc43Lo~, arft@i fuBL(c. , DATE NAME. TITLE OF OFFCER E.G., .JJANE c-36 NOTAR” PUBLIC personally appeared fbw=tlFJ Q&lwArc NN.E,S) OF SIONER(S) $I personally known to me - OR - 0 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 4i;.i&&L OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER mw Pm=% ao7.ch3. II AGnrrmi>prJ F&SW d&jtl U-FL TITLE OR TYPE OF DOCUMENT 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 5 NUMBER OF PAGES ~I~E-)D & a-in ER 5 ‘G*= 0 OTHER: PAW 3, l4S5 DATE OF’DOCUMENT SIGNER IS REPRESENTING: NAME OF PERscN(S) OR EMlTY(IES) QwQ wC4edm+n r9A-G ti I smti .-)-y&J SIGNER(S) OTHER THAN NAMED ABOVE