HomeMy WebLinkAboutCT 89-32; Nolan, Mark J.; 1992-0450596; Public Facilities Fee Agreement/Release. .a . “fc ii 1992-0450596 . 1959 20--JUL-1992 #8=39 Ml
, OFFICIAL RECPRDS
RECORDING REQUESTED BY AND ) SAN DIEM COUNTY RECORDER’S OFFICE
WHEN RECORDED MAIL TO: > ANNETTE EVANS 7 COUNTY RECORDER
> RF: 9.00 FEES: 23.00
CITY OF CARLSBAD 1 13.00
1200 Carlsbad Village Drive
;;; f. 00 f?” > Carlsbad, California 92008 > /‘; ? i
Space above this line for Recorder’s use
j~l/ICI~ &(I
Parcel No. ISLC lY2 31
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this l iY day of ,% n/ , 196f z by and between
I’ /lfd& I A’ (Name of Developer-Owner)
, hereinafter referred to as “Developer”
whose address is 32m nLlwwl PlUf P &dBiec,e> Gx %a&
(Street) (City, State, Zip Code)
and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred
to as “Civ, whose address is 1200 Carlsbad Village Drive 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 City; and
WHEREAS, Developer proposes a development project as follows:
r xdt skLd;‘~;~iDY\ on said Property, which development
carries the proposed name of L&5+ % /W-L Prs/q&iu. CTB9-3% and
F-Apprwed BycitychlncilAplil~1986 Reso. No. 9169 1
.
is hereinafter referred as “Development”; and
for
WHEREAS, Developer filed on the Lv clay of fvIEcfC ,19qtwith the City a request
and
hereinafter referred to as “Request”;
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 tiding 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.
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
3.5p/6 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 tune.
Form Approved
By city Cam51 April 22 1986
Reso. No. 9169
This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles
18,20 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 shah 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 setices, and the
F=Approved By city council April 22$1986 Reso. No. 9169 3
development will not be consistent with the General Plan and any approval or per-& for the
Development shall be void. No building or other construction permit or entitlement for use shd
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
Form Appmed
BycityczoundlApfil251986
Reio. No. 9169
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 Developeis 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.
FmAppraml By city c4nnlcil Apd a1986
&so. No. 9169 5
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date
first written above.
DEVELOPER-OWNER:
By:
CITY OF CARLSBAD, a municipal
corporation of the State of
California
By:
For City Manage-
(Title)
By:
(Title)
ATTEST:
APPROVED AS TO FORM:
City Attorney
.
STATE OF CALIFORNIA (Individual)
I ss. COUNTY OF
before me, the undersigned, a Notary Public in and for said State, personally appeared
Y
f
2
q personally known to me hproved to me on the basis of satisfactory
2 evidence to be the person()) whose name(4j is subscribed
to this instrument and acknowledged that he executed
the same.
FORM 211 (Rev. 61621 \ ‘
(This Area for official notarial seal1
OFFICIAL SEAL
hW H. HARNEY NOTARY PUBLIC. CALIFORNIA PRINCIPAL OFFICE IN SAN MEG0 COUNTY
MY Commission Exp. December 10.1993
EXHIBlT “A”
LEGAL DESCRIPTION
THOSE PORTIONS OF LOT 3 AND LOT 4 OF THE WILSONIA TRACT, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP
THEREOF NO. 2169, FILED IN THE OFFICE OF THE COUNTY ‘RECORDER OF SAN DIEGO
COUNTY, AUGUST 13, 192% MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 4, DISTANT
THEREON, NORTH 34O33' WEST 217.36 FEET FROM THE MOST EASTERLY CORNER OF
SAID LOT, SAID POINT BEING THE MOST NORTHERLY CORNER OF LAND DESCRIBED IN
DEED TO GEORGE EDE, RECORDED AUGUST 8, 1944 IN BOOK 1711, PAGE 498 OF OFFI- *
CIAL RECORDS; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 4, NORTH 34"33' WEST 133.51 FEET TO THE MOST EASTERLY CORNER OF LAND DESCRIBED IN
DEED TO MYRTLE MULLEN, RECORDED IN BOOK 39% PAGE 315 OF OFFICIAL RECORDS;
THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LAND, SOUTH 55'27' WEST, 200.00
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
SOUTHEASTERLY LINE, SOUTH 55'27' WEST 60.00 FEE? TO THE SOUTHWESTERLY
CORNER OF SAID LAND; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LAND,
NORTH 34"33' WEST 83.75 FEET TO THE NORTHWESTERLY CORNER OF SAID LAND;
THENCE LEAVING SAID LAND, SOUTH 55O27' WEST 140.80 FEET TO AN INTERSECTION
WITH THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAID LOT 3; THENCE ALONG SAID PROLONGATION, SOUTH 34"33' EAST 11.05 FEET TO THE MOST
NORTHERLY CORNER OF SAID LOT 3; THENCE, ALONG THE NORTHWESTERLY LINE OF
SAID LOT 3, SOUTH -55"27' WEST 30.0 FEET TO A POINT IN A LINE LYING PARALLEL
TO AND 30.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 3;
THENCE ALONG SAID PARALLEL LINE SOUTH 34"33' EAST 19.44 FEET TO THE
BEGINNING OF A TANGENT, 270.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE
SOUTHEASTERLY AND SOUTHERLY, ALONG THE.ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF %%‘30”, A DISTANCE OF 167.25 FEET; THENCE, TANGENT TO SAID
CURVE SOUTH O"56'30' WEST 89.71 FEET TO THE BEGINNING OF A TANGENT, 20.00
FOOT RADiUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHERLY, SOUTHWESTERLY
AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90"00'00'1, A DISTANCE OF 31.42 FEET TO A POINT IN A LINE LYING PARALLEL TO
AND lo.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID LOT 3; THENCE,
RADIAL TO SAID CURVE, SOUTH OO56'30' WEST lo.00 FEET TO A POINT IN SAID
SOUTHERLY LINE; THENCE, ALONG SAID SOUTHERLY LINE, SOUTH 89"03'30' EAST 203.66 FEET TO THE MOST EASTERLY CORNER OF SAID LOT 3; THENCE ALONG THE
NORTHEASTERLY LINE OF SAID LOT, NORTH 34'33' WEST 174.13 FEET TO THE MOST
WESTERLY CORNER OF SAID LAND DESCRIBED IN DEED TO GEORGE EDE; THENCE, ALONG
THE NORTHWESTERLY LINE OF SAID LAND, NORTH 55"27' EAST 2U1.24 FEET TO A
POINT BEARING SOUTH 34O33' EAST, PARALLEL WITH THE NORTHEASTERLY LINE OF
SAID LOT 4, FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 34'33' WEST 133.51 FEET TO THE TRUE POINT OF BEGINNING.
Form Apprawd By City Council April 22 1986
Reso. No. 9169