HomeMy WebLinkAboutCT 89-26; Felkins, Horace and Dolphine; 1992-0401359; Public Facilities Fee Agreement/Releasey-j ;T y f *“,ps- r*: !I b J- i rfii q -Trfn
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RECORDING REQUESTED BY AND ) _:. >--.d-’ _^id’” I~.~~-,~“~““;‘.‘~ r;c.rim _- - : i .--- ..i_.. .d -.. I,-
WHEN RECORDED MAIL TO:
Clerk F CARLSBAD 1200 CarIsbad Village Drive
CarIsbad, California 92008
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Space above this line for Recordeis use
Parcel No. 167-090-69
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 4th day of May , 19 92 by and between
Horace Felkins Jr. and Dolphine Felkins, husband and wife
(Name of Developer-Owner)
as ioint tenants J hereinafter referred to as “Developer”
(Corporation, Partnership, etc.)
whose address is P.O. Box 431 Oceanside, CA 92049
(Street) (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 1200 Car&bad Village Drive CarIsbad, 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 City; and
WHEREAS, Developer proposes a development project as follows: 19 lot117 residential
unit subdivision on said Property, which development
carries the proposed name of Spyglass - CT 89-26 and
Reso. No. 9169 1
-303
is hereinafter referred as “Development”; and
WHEREAS, Developer filed on the 18 th day of March J 1991, with the City a request
for . . . the extension of the tentative sp
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 recognize the correctness of Council Policy No. 17, dated
July 28, 1987, on 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 se&es 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.
NOW THEREFORE, in 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
3.5% 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.
Fm Approvai
By city council April 22# 1986
Reso. No. 9169
I ’ 1804
This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles ’
18,2O or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing
building or structures into condominiums in an amount not to exceed 3.5% 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 of use’! as used in this
agreement, except in reference to mobile home 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 of occupancy for which the development is intended. Developer shall
pay the City a public facilities fee in the sum of $1,150 for each mobile home 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.
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
Form rrppnwal
By city council April 22 1966
&so. No. 9169 3
1805
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 fee 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
service sufficient to accommodate the needs to the Development herein described.
6. All obligations hereunder shall terminate in the event the Requests made by
Developers 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 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 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 ensure to the benefit of, and shall
F- 4proved By city council April 22 1966
Res. No. 9169 4
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 succeqsors
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 Developers 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.
-
FmApprond By city council April 22 1986
Rcso. No. 9169 5
1807
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
corporation of the State of
California
(name)
By:
For City Manager
By:
Dolphihe Fel kins Owner
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
Form Approved
By city council April a1986
&so. No. 9169 6
7 STATE OF ARKANSAS
‘I # * COUNTY OF SHARP > *' - 1 BE IT REMEMBERED,
- ACKNOWLEDGXENT -
180$
That on this day came before me, the undersigned, a Notary Public within and for the County aforesaid, duly, commission- ed and actingHorace H. Felkins, Jr. and Dolphine Felkins, to me personally well known as the grantors ip the above document., and acknowledged that they had executed the same for the consideration and purposes therein mentioned and set foqth. I
hand and seal as such Notary Public on this 4th day of . . I
expires:
6 ?f?Sl
*
) JCXHIBlT “A’ 1809
LEGAL DESCFUPTION
The Land referred tointhis rqcrtis situatedintheStateof California; County of San Diego and is desmibed as follows:
That certain portion of LX "J", RAKHOAGuAHEDIONDA, in theCityof Carlsbad, County of San Diego, Stateof California, acmrding to PartitimMap thereof No. 823 on file in the Off&e of the County Recorder of said Cmnty, and described in Deed to Wayne Willard Ccnncr, mrded June 21, 1957 as File No. 92974 in Bmk 6632, Page 185 of Official Records of said County, described as foLlaws:
Beginning at the mst EasterlyccmerofsaidCc~r'sl~; thermealongthe~ Southeas~ly line thereof, South 35"51'13" West (record south 34"OO' west) 961.42 feet to a point in the Easterly right of way line of that certain San Diego County Road, as sbm on Map of Road Survey No. 1800-65, on file in the Office of the Cmnty Surveyor of said County; thexme along said right of way line as follows:
North 14"01'47" West 355.38 feet; North 11"15'00" West 751.73 feet to the ~inr$gfo~dtangent35 fmtradiuscurve, amEweFasterly;Northerlyalong cume 36.12 feet through a central angle of 59'07'48" and leavirqthearcof saidcurve, North ll"O7'07" West 11.59 feet to a @nt in the ~rtherlyl~ofsaidCannor'sland;~alongsaid~~ly lineNorth 69"51'13" East (record North 68°K)' East) 217.01 feet to the mst Northerly conxrof said land; thencealongttaeb!mtkasterlyline~f, South 54"00'47" East (zxsxmd South 56"OO' East) 720.00 feet to the point of beginning.
M~ING~thosepo~ionsgrantedtotheCi-tyofCarlsbadin~se certain Deeds, filed in the Office of the County E&ox&r of said San Diqo County, August 25, 1987 as File No. 87-482007 and October 20, 1989 as File hb. 89-571683, both of Official Records.
Form Approved
By City Council April Z& 1986
Rso. No. 9169 7