HomeMy WebLinkAboutCT 84-28; Sahagun, Jesus and Soledad; 84-275562; Public Facilities Fee Agreement/Release_ -___. . _-_._- -- I___- - --.
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, .t- -\329 . RECCRDING ,REQ'UESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD 1
1200 Elm Avenue ; Carlsbad, California 92008 >
Documentary transfer tax: $ No fee ,
Signature of declarant determining tax-firm name
City of Carlsbad
Parcel No. 205-130-09
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AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this&#&day of w$LLc ,19E
by and between Jesus and Soledad Sahagun (husband and wife)
(name of,developer-owner)
a s joint tenants , hereinafter referred to as
(Corporation, partnership, etc.)
wDeveloper" whose address is 1536 Chestnut Avenue,
(street)
Carlsbad, CA 92008
(City, state, zip code)
and THE CITY OF
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1
Carlsbad, California, 92008.
WITNESSETH:
FT=J
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 "Prcperty"; and
WHEREAS, The Property lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
Developer proposes to split an existing parcel into 5 parcels
REV 4-2-82
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on said Property, which development carries the proposed name of c
and is hereafter referred to as "Development"; and I
WHEREAS, Developer filed on the 686% day of -9
19 84 , with the City a request for Tentative Xap approval
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan
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 (said element is on
file with the City Clerk and is incorporated by this reference); and
WHEREAS, Developer and City recognise the correctness of Council
Policy No. 17, dated April 2, 1982, in file with the City Clerk and
incorporated by this reference, and that the City's public facilities
and services are at capacity and will not be available to accommodate
the additional need for public facilities and services resulting from
the proposed Development; and *.
WHEREAS, Developer has asked the City to find that public
facilities and services will be available to meet the future needs of
the Development as it is presently proposed; but the Developer is
aware that the City cannot and will not be able to make any such
finding without financial assistance to pay for such services and
facilities; and therefore, Developer proposes to help satisfy the
General Plan as implemented by Council Policy No. 17 by payment of a
public facilities fee.
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NOW, T.HEREFORE, Ln consideration of the recitals and the
covenants contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee
in an amount not to exceed 2% of the building permit valuation of the
building or structures to be constructed in the Development pursuant
to the Request. The fee shall be paid prior to the issuance of
building or other construction permits for the development and shall
be based on the valuation at that time. This fee shall be in
addition to any fees, dedications or improvements required pursuant P
to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer
shall pay a fee for conversion o f existing building or structures
into condominiums in an amount not to exceed 2% of the building
permit valuation at the time of conversion. 'The fee for a
condominium conversion shall be paid prior to the issuance of a
condominium conversion permit as provided in Chapter 21.47 of the
Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction
permits", "other construction permit" and "entitlement for use" as
used in this agreement, except in reference to mobilehome sites or
projects, shall not refer to grading permits or other permits for the
construction of underground or street improvements unless no other
permit is necessary prior to the use or occupancy for which the
development is intended. Developer shall pay to City a public
facilities fee in the sum of $1,150 for each mobilehome space to be
constructed pursuant to the Request. The fee shall be paid prior to
the issuance of building or other construction permits for the
development. This fee shall be in addition to any fees, dedications
or improvements required according to Titles 18, 20 or 21 of the
Carlsbad Municipal Code.
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2. The Developer may offer to donate a site or sites for public
facilities in lieu of all or part of the financial obligation agreed
upon in Paragraph 1 above. If Developer offers to donate a site or
sites for public facilities, the City shall consider, but is not
obligated to accept the offer. The time for donation and amount of
credit against the fee shall be determined by City prior to the
issuance of any building or other permits. Such determination, when
made, shall become a part of this agreement. Sites donated under
this paragraph shall not include improvements required pursuant to
Titles 18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required
to .ensure the consistency of the Development with the City’s General
Plan. If the fee is not paid as provided herein, the City will not
have the funds to provide public facilities and services, and the
development will not be consistent with the General Plan and any
approval or permit for the Development shall be void. No building or
other construction permit or entitlement for use shall be issued
until the public facilities feee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this
agreement in a public facilities fund for the financing of public
facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of this
and similar public facilities fees are available.
5. City agrees to provide upon request reasonable assurances 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.
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s 6. All.obligatio&3 hereunder shall terminat, in the event the
Requests'made by Developer are not approved.
7. 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:
7.1 If notice is given to the City of 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 prepaid and certified.
7.2 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 envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified.
8. This agreement. shall be binding upon and shall inure to the
benefit of, and shall apply to, the respective successors and assigns
of Developer and the City, and. references to Developer or City herein
shall be deemed to be reference to and include their respective
successors and assigns without specific mention of such successors
and assigns. If Developer should cease to have any interest in the
Property, all obligations of Developer hereunder shall terminate; . -
provided, however, that any successor of Developer's interest in the
property shall have first assumed in writing the Developer's
obligations hereunder.
9. 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.
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IN WITNESS WHEREOF, this agreement is executed in San Diego
county, California as of .the date first written above.
DEVELOPER-OWNER:
Jesus Sahagun Soledad Sailagun
CITY OF CARLSBAD, a municipal corporation of the
State of California
(name)
BY City Manager
Owner-Developer
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FOR
, VINCENT F. BIONDO, JR., City Attorney * I
.
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
c
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+ GENERAL ACKNOWLEDGMENT i It 7J * NO. 201 _.. ___. _ .______ --------.
State of c fw /t=a Pui/q On this the a&day of -Q? lg&before me,
cmv a/E-g* ss* County of cc/J~@ tYQ-5E ,
the undersigned Notary Public, personally appeared
Prmipal Ofbi:.e In Sii:; Dieg: Zoun& r
;,
d&J-US IMfg dOo&T-DA D d--AryA~u~ ,
0 personally known to me
K proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) /Cle-F subscribed to the
within instrument, and acknowledged that executed it.
WITNESS mv handMnd official seal. I
Notary’s Sigr$ture
7110 122 NATIONAL NOTARY ASSOCIATION l 23012 Ventura SM. l P.O. Sax 4S25 l Woodland Hills. CA 91364
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EXHIBIT "A"
LEGAL DESCRIPTION
All that portion of Tract 244 of THUM LANDS, in the City of' Carlsbad, County of San Diego, State of California, according to Map thereof Ko. 1681, filed in the Office of the County Recorder of San Diego County, December 9, 1915, described as follows:
Seginning at a point on the center line of Chestnut Avenue, distant thereon South 61°21' West, 533.OG feet from a concrete monument marking the intersection of the center lines of said Chestnut Avenue and Valley Street, as same is shown on said !41ap No. 1681, said Point of Beginning also being the most Southerly corner of that portion of Tract 244, as conveyed by South Coast Land Company to Fred H. and Audrey 3. Collier, by Deed dated August
2, 1929, and recorded in Book 1653, page 457 of Deeds; thence along the Southwesterly line of the portion so conveyed to Coliier, h'orth 28O39' West a distance of 353.10 feet to a point on the Southeasterly line of that portion of said Tract 244, as conveyed by South Coast Land Company to Eleanor P. Zerr, by Deed dated July 16, 1929, and recorded in Book 1665, page 137 of Deeds; thence along the said Southeasterly line of the Zerr portion, South 61'21' Kest a distance of 246.90 feet to the most Southerly corner thereof; said corner being also a point on the Northeasterly line of that portion of said Tract 244 as conveyed by South Coast Land Company to Louis C. Ihrig, by Deed dated September 28, 1931, and recorded in Book 28, page 376 of Official Records; thence along the said.Northeasterly line of the Ihrig portion and its Southeasterly prolongation, South 2G039' East a distance of 353.10 feet to a point on the aforementioned center line of Chestnut Avenue; thence along the said center line of Chestnut-Avenue, North 61°21' East a distance of 246.90 feet to the Point of Beginning.
6-21-84 ; gh J.id. 5722